HB 7087

1	A bill to be entitled
2	An act relating to public K-12 education; amending s.
3	1008.34, F.S.; revising provisions relating to schools
4	receiving a school grade; amending s. 1003.413, F.S.;
5	redefining the term "secondary school" to no longer
6	include an elementary school serving students through
7	grade 6 only; deleting the requirement that the
8	Commissioner of Education create and implement the
9	Secondary School Improvement Award Program; amending s.
10	1003.4156, F.S.; revising provisions relating to the
11	general requirements for middle grades promotion;
12	providing an exception; amending s. 1003.428, F.S.;
13	revising provisions relating to the general requirements
14	for high school graduation; providing exceptions; amending
15	s. 1003.429, F.S.; updating references to general
16	requirements for high school graduation; revising the
17	credits for certain courses required under the 3-year
18	standard college preparatory program which apply to
19	students who enter grade 9 in the 2009-2010 school year;
20	amending s. 1003.433, F.S.; providing that a student who
21	enters middle school at the eighth grade from out of state
22	or from a foreign country is not required to spend
23	additional time in school to meet the requirements for
24	middle grades promotion under certain circumstances;
25	amending s. 1003.621, F.S.; requiring that the State Board
26	of Education annually designate districts as academically
27	high-performing schools districts if certain criteria are
28	met; revising the information that an academically high-
29	performing school district must include in its annual
30	report to the State Board of Education and the
31	Legislature; amending s. 1008.22, F.S.; providing that
32	concordant scores earned before taking the grade 10 FCAT
33	may not be used to qualify for a standard high school
34	diploma; providing requirements for retake of the
35	assessment for a student who has not earned passing scores
36	on the grade 10 FCAT; deleting provisions relating to
37	concordant scores for the FCAT; amending s. 1008.25, F.S.;
38	revising annual district school board reporting
39	requirements relating to student progress; amending s.
40	1008.36, F.S.; revising the date for agreement for
41	distribution of Florida School Recognition Program awards;
42	providing a short title; amending s. 1003.4156, F.S.;
43	providing requirements for a civics education course that
44	a student must successfully complete for middle grades
45	promotion beginning with students entering grade 6 in the
46	2011-2012 school year; amending s. 1008.22, F.S.;
47	requiring the administration of an end-of-course
48	assessment in civics education as a field test at the
49	middle school level during the 2011-2012 school year;
50	providing requirements for course grade and course credit
51	for subsequent school years; amending s. 1008.34, F.S.;
52	requiring the inclusion of civics education end-of-course
53	assessment data in determining school grades beginning
54	with the 2012-2013 school year; amending ss. 1003.428 and
55	1003.429, F.S.; requiring students entering grade 9 to
56	earn one credit in Biology I or in a series of equivalent
57	courses for high school graduation beginning with the
58	2010-2011 school year; amending s. 1008.22, F.S.;
59	requiring the administration of an end-of-course
60	assessment in biology as a field test during the 2010-2011
61	school year; requiring the end-of-course assessment in
62	biology to replace the comprehensive assessment of science
63	administered at the high school level beginning with the
64	2011-2012 school year; providing requirements for course
65	grade and course credit; requiring the State Board of
66	Education to designate a passing score for the end-of-
67	course assessment in biology; amending s. 1008.34, F.S.;
68	requiring the inclusion of biology end-of-course
69	assessment data in determining school grades beginning
70	with the 2011-2012 school year; creating s. 1003.572,
71	F.S.; requiring district school boards to provide parental
72	notice of requirements and procedures for requesting
73	evaluations for gifted student classification; requiring
74	district school board reporting of gifted student
75	classification, services, and performance data; requiring
76	the Department of Education to develop data elements for
77	district reporting; requiring rulemaking; creating s.
78	1003.573, F.S.; requiring the department to develop
79	procedures and eligibility criteria for whole-grade and
80	subject matter acceleration; requiring district school
81	boards to implement procedures and eligibility criteria;
82	requiring district school board reporting of student
83	acceleration data; requiring the department to develop
84	data elements for district reporting; requiring
85	rulemaking; amending s. 1004.04, F.S.; requiring state-
86	approved teacher preparation programs to incorporate
87	specified gifted student instruction; amending s. 1011.62,
88	F.S.; requiring certain school district guaranteed
89	allocation expenditures to be reported separately;
90	creating the Gifted and Academically Talented Student Task
91	Force within the department; designating members;
92	requiring members to serve without compensation or
93	reimbursement for per diem and travel expenses; requiring
94	the task force to submit a report to the Governor and
95	Legislature; providing report requirements; providing for
96	the future abolishment of the task force; providing
97	effective dates.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Paragraph (a) of subsection (3) of section
102	1008.34, Florida Statutes, is amended to read:
103	1008.34  School grading system; school report cards;
104	district grade.--
105	(3)  DESIGNATION OF SCHOOL GRADES.--
106	(a)  Each school that has students who are tested and
107	included in the school grading system shall receive a school
108	grade, except as follows:
109	1.  A school shall not receive a school grade if the number
110	of its students tested and included in the school grading system
111	is less than the minimum sample size necessary, based on
112	accepted professional practice, for statistical reliability and
113	prevention of the unlawful release of personally identifiable
114	student data under s. 1002.22 or 20 U.S.C. s. 1232g.
115	2.  An alternative school may choose to receive a school
116	grade under this section or a school improvement rating under s.
117	1008.341. For charter schools that meet the definition of an
118	alternative school pursuant to State Board of Education rule,
119	the decision to receive a school grade is the decision of the
120	charter school governing board.
121	3.  A school that serves any combination of students in
122	kindergarten through grade 3 which does not receive a school
123	grade because its students are not tested and included in the
124	school grading system shall receive the school grade designation
125	of a K-3 feeder pattern school identified by the Department of
126	Education and verified by the school district. A school feeder
127	pattern exists if at least 60 percent of the students in the
128	school serving a combination of students in kindergarten through
129	grade 3 are scheduled to be assigned to the graded school.
130	Section 2.  Subsections (1) and (5) of section 1003.413,
131	Florida Statutes, are amended to read:
132	1003.413  Florida Secondary School Redesign Act.--
133	(1)  For purposes of this section, the term "secondary
134	school" means a school that serves Secondary schools are schools
135	that primarily serve students in grades 6 through 12. A
136	secondary school does not include an elementary school serving
137	students only through grade 6. It is the intent of the
138	Legislature to provide for secondary school redesign so that
139	students promoted from the 8th grade have the necessary academic
140	skills for success in high school and students graduating from
141	high school have the necessary skills for success in the
142	workplace and postsecondary education.
143	(5)  The Commissioner of Education shall create and
144	implement the Secondary School Improvement Award Program to
145	reward public secondary schools that demonstrate continuous
146	student academic improvement and show the greatest gains in
147	student academic achievement in reading and mathematics.
148	Section 3.  Paragraphs (a) and (b) of subsection (1) of
149	section 1003.4156, Florida Statutes, are amended to read:
150	1003.4156  General requirements for middle grades
151	promotion.--
152	(1)  Beginning with students entering grade 6 in the 2006-
153	2007 school year, promotion from a school composed of middle
154	grades 6, 7, and 8 requires that:
155	(a)  The student must successfully complete academic
156	courses as follows:
157	1.  Three middle school or higher courses in English. These
158	courses shall emphasize literature, composition, and technical
159	text.
160	2.  Three middle school or higher courses in mathematics.
161	Each middle school must offer at least one high school level
162	mathematics course for which students may earn high school
163	credit.
164	3.  Three middle school or higher courses in social
165	studies, one semester of which must include the study of state
166	and federal government and civics education.
167	4.  Three middle school or higher courses in science.
168	5.  One course in career and education planning to be
169	completed in 7th or 8th grade. The course may be taught by any
170	member of the instructional staff; must include career
171	exploration using Florida CHOICES for the 21st Century or a
172	comparable cost-effective program; must include educational
173	planning using the online student advising system known as
174	Florida Academic Counseling and Tracking for Students at the
175	Internet website FACTS.org; and shall result in the completion
176	of a personalized academic and career plan.
177
178	Each school must hold a parent meeting either in the evening or
179	on a weekend to inform parents about the course curriculum and
180	activities. Each student shall complete an electronic personal
181	education plan that must be signed by the student; the student's
182	instructor, guidance counselor, or academic advisor; and the
183	student's parent. By January 1, 2007, The Department of
184	Education shall develop course frameworks and professional
185	development materials for the career exploration and education
186	planning course. The course may be implemented as a stand-alone
187	course or integrated into another course or courses. The
188	Commissioner of Education shall collect longitudinal high school
189	course enrollment data by student ethnicity in order to analyze
190	course-taking patterns.
191	(b)  For each year in which a student scores at Level l on
192	FCAT Reading, the student must be enrolled in and complete an
193	intensive reading course the following year. Placement of Level
194	2 readers in either an intensive reading course or a content
195	area course in which reading strategies are delivered shall be
196	determined by diagnosis of reading needs. The department shall
197	provide guidance on appropriate strategies for diagnosing and
198	meeting the varying instructional needs of students reading
199	below grade level. Reading courses shall be designed and offered
200	pursuant to the comprehensive reading plan required by s.
201	1011.62(9). A student who scores at Level 1 or Level 2 on FCAT
202	Reading, but who did not score below Level 3 on FCAT Reading in
203	the prior 3 school years, may be exempt from the requirement in
204	this paragraph if the student demonstrates acceptable
205	performance on an alternative standardized reading assessment
206	approved by the State Board of Education.
207	Section 4.  Paragraph (b) of subsection (2) of section
208	1003.428, Florida Statutes, is amended to read:
209	1003.428  General requirements for high school graduation;
210	revised.--
211	(2)  The 24 credits may be earned through applied,
212	integrated, and combined courses approved by the Department of
213	Education and shall be distributed as follows:
214	(b)  Eight credits in majors, minors, or electives:
215	1.  Four credits in a major area of interest, such as
216	sequential courses in a career and technical program, fine and
217	performing arts, or academic content area, selected by the
218	student as part of the education plan required by s. 1003.4156.
219	Students may revise major areas of interest each year as part of
220	annual course registration processes and should update their
221	education plan to reflect such revisions. Annually by October 1,
222	the district school board shall approve major areas of interest
223	and submit the list of majors to the Commissioner of Education
224	for approval. Each major area of interest shall be deemed
225	approved unless specifically rejected by the commissioner within
226	60 days. Upon approval, each district's major areas of interest
227	shall be available for use by all school districts and shall be
228	posted on the department's website.
229	2.  Four credits in elective courses selected by the
230	student as part of the education plan required by s. 1003.4156.
231	These credits may be combined to allow for a second major area
232	of interest pursuant to subparagraph 1., a minor area of
233	interest, elective courses, or intensive reading or mathematics
234	intervention courses as described in this subparagraph.
235	a.  Minor areas of interest are composed of three credits
236	selected by the student as part of the education plan required
237	by s. 1003.4156 and approved by the district school board.
238	b.  Elective courses are selected by the student in order
239	to pursue a complete education program as described in s.
240	1001.41(3) and to meet eligibility requirements for
241	scholarships.
242	c.  For each year in which a student scores at Level l on
243	FCAT Reading, the student must be enrolled in and complete an
244	intensive reading course the following year. Placement of Level
245	2 readers in either an intensive reading course or a content
246	area course in which reading strategies are delivered shall be
247	determined by diagnosis of reading needs. The department shall
248	provide guidance on appropriate strategies for diagnosing and
249	meeting the varying instructional needs of students reading
250	below grade level. Reading courses shall be designed and offered
251	pursuant to the comprehensive reading plan required by s.
252	1011.62(9). A student who scores at Level 1 or Level 2 on FCAT
253	Reading, but who did not score below Level 3 on FCAT Reading in
254	the prior 3 school years, may be exempt from the requirement in
255	this sub-subparagraph if the student demonstrates acceptable
256	performance on an alternative standardized reading assessment
257	approved by the State Board of Education. The requirements in
258	this sub-subparagraph do not apply to a student who has earned a
259	passing score on grade 10 FCAT Reading pursuant to s.
260	1008.22(3)(c) or who has achieved a score on a standardized test
261	which is concordant with a passing score on grade 10 FCAT
262	Reading pursuant to s. 1008.22(10).
263	d.  For each year in which a student scores at Level 1 or
264	Level 2 on FCAT Mathematics, the student must receive
265	remediation the following year. These courses may be taught
266	through applied, integrated, or combined courses and are subject
267	to approval by the department for inclusion in the Course Code
268	Directory. The requirements of this sub-subparagraph do not
269	apply to a student who has earned a passing score on grade 10
270	FCAT Mathematics pursuant to s. 1008.22(3)(c) or who has
271	achieved a score on a standardized test which is concordant with
272	a passing score on grade 10 FCAT Mathematics pursuant to s.
273	1008.22(10).
274	Section 5.  Subsection (1), paragraph (c) of subsection
275	(7), and subsection (8) of section 1003.429, Florida Statutes,
276	are amended to read:
277	1003.429  Accelerated high school graduation options.--
278	(1)  Students who enter grade 9 in the 2006-2007 school
279	year and thereafter may select, upon receipt of each consent
280	required by this section, one of the following three high school
281	graduation options:
282	(a)  Completion of the general requirements for high school
283	graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
284	(b)  Completion of a 3-year standard college preparatory
285	program requiring successful completion of a minimum of 18
286	academic credits in grades 9 through 12. At least 6 of the 18
287	credits required for completion of this program must be received
288	in classes that are offered pursuant to the International
289	Baccalaureate Program, the Advanced Placement Program, dual
290	enrollment, Advanced International Certificate of Education, or
291	specifically listed or identified by the Department of Education
292	as rigorous pursuant to s. 1009.531(3). The 18 credits required
293	for completion of this program shall be primary requirements and
294	shall be distributed as follows:
295	1.  Four credits in English, with major concentration in
296	composition and literature;
297	2.  Three credits in mathematics at the Algebra I level or
298	higher from the list of courses that qualify for state
299	university admission. Beginning with students who enter grade 9
300	in the 2009-2010 school year, four credits in mathematics at the
301	Algebra I level or higher from the list of courses that qualify
302	for state university admission;
303	3.  Three credits in natural science, two of which must
304	have a laboratory component;
305	4.  Three credits in social sciences, which must include
306	one credit in American history, one credit in world history,
307	one-half credit in American government, and one-half credit in
308	economics;
309	5.  Two credits in the same second language unless the
310	student is a native speaker of or can otherwise demonstrate
311	competency in a language other than English. If the student
312	demonstrates competency in another language, the student may
313	replace the language requirement with two credits in other
314	academic courses; and
315	6.  Three credits in electives. Beginning with students who
316	enter grade 9 in the 2009-2010 school year, two credits in
317	electives; or
318	(c)  Completion of a 3-year career preparatory program
319	requiring successful completion of a minimum of 18 academic
320	credits in grades 9 through 12. The 18 credits shall be primary
321	requirements and shall be distributed as follows:
322	1.  Four credits in English, with major concentration in
323	composition and literature;
324	2.  Three credits in mathematics, one of which must be
325	Algebra I;
326	3.  Three credits in natural science, two of which must
327	have a laboratory component;
328	4.  Three credits in social sciences, which must include
329	one credit in American history, one credit in world history,
330	one-half credit in American government, and one-half credit in
331	economics;
332	5.  Three credits in a single vocational or career
333	education program, three credits in career and technical
334	certificate dual enrollment courses, or five credits in
335	vocational or career education courses; and
336	6.  Two credits in electives unless five credits are earned
337	pursuant to subparagraph 5.
338
339	Any student who selected an accelerated graduation program
340	before July 1, 2004, may continue that program, and all
341	statutory program requirements that were applicable when the
342	student made the program choice shall remain applicable to the
343	student as long as the student continues that program.
344	(7)  If, at the end of grade 10, a student is not on track
345	to meet the credit, assessment, or grade-point-average
346	requirements of the accelerated graduation option selected, the
347	school shall notify the student and parent of the following:
348	(c)  The right of the student to change to the 4-year
349	program set forth in s. 1003.428 or s. 1003.43, as applicable.
350	(8)  A student who selected one of the accelerated 3-year
351	graduation options shall automatically move to the 4-year
352	program set forth in s. 1003.428 or s. 1003.43, as applicable,
353	if the student:
354	(a)  Exercises his or her right to change to the 4-year
355	program;
356	(b)  Fails to earn 5 credits by the end of grade 9 or fails
357	to earn 11 credits by the end of grade 10;
358	(c)  Does not achieve a score of 3 or higher on the grade
359	10 FCAT Writing assessment; or
360	(d)  By the end of grade 11 does not meet the requirements
361	of subsections (1) and (6).
362	Section 6.  Section 1003.433, Florida Statutes, is amended
363	to read:
364	1003.433  Learning opportunities for out-of-state and out-
365	of-country transfer students and students needing additional
366	instruction to meet middle grades promotion or high school
367	graduation requirements.--
368	(1)  Students who enter a Florida public middle school at
369	the eighth grade from out of state or from a foreign country
370	shall not be required to spend additional time in a Florida
371	public school in order to meet the middle grades promotion
372	requirements if the student has met all requirements of the
373	school district, state, or country from which he or she is
374	transferring. Such students who are not proficient in English
375	should receive immediate and intensive instruction in English
376	language acquisition.
377	(2)(1)  Students who enter a Florida public school at the
378	eleventh or twelfth grade from out of state or from a foreign
379	country shall not be required to spend additional time in a
380	Florida public school in order to meet the high school course
381	requirements if the student has met all requirements of the
382	school district, state, or country from which he or she is
383	transferring. Such students who are not proficient in English
384	should receive immediate and intensive instruction in English
385	language acquisition. However, to receive a standard high school
386	diploma, a transfer student must earn a 2.0 grade point average
387	and pass the grade 10 FCAT required in s. 1008.22(3) or an
388	alternate assessment as described in s. 1008.22(10).
389	(3)(2)  Students who have met all requirements for the
390	standard high school diploma except for passage of the grade 10
391	FCAT or an alternate assessment by the end of grade 12 must be
392	provided the following learning opportunities:
393	(a)  Participation in an accelerated high school
394	equivalency diploma preparation program during the summer.
395	(b)  Upon receipt of a certificate of completion, be
396	allowed to take the College Placement Test and be admitted to
397	remedial or credit courses at a state community college, as
398	appropriate.
399	(c)  Participation in an adult general education program as
400	provided in s. 1004.93 for such time as the student requires to
401	master English, reading, mathematics, or any other subject
402	required for high school graduation. Students attending adult
403	basic, adult secondary, or vocational-preparatory instruction
404	are exempt from any requirement for the payment of tuition and
405	fees, including lab fees, pursuant to s. 1009.25. A student
406	attending an adult general education program shall have the
407	opportunity to take the grade 10 FCAT an unlimited number of
408	times in order to receive a standard high school diploma.
409	(4)(3)  Students who have been enrolled in an ESOL program
410	for less than 2 school years and have met all requirements for
411	the standard high school diploma except for passage of the grade
412	10 FCAT or alternate assessment may receive immersion English
413	language instruction during the summer following their senior
414	year. Students receiving such instruction are eligible to take
415	the FCAT or alternate assessment and receive a standard high
416	school diploma upon passage of the grade 10 FCAT or the
417	alternate assessment. This subsection shall be implemented to
418	the extent funding is provided in the General Appropriations
419	Act.
420	(5)(4)  The district school superintendent shall be
421	responsible for notifying all students of the consequences of
422	failure to receive a standard high school diploma, including the
423	potential ineligibility for financial assistance at
424	postsecondary educational institutions.
425	(6)(5)  The State Board of Education may adopt rules
426	pursuant to ss. 120.536(1) and 120.54 to administer this
427	section.
428	Section 7.  Subsection (1) and paragraph (f) of subsection
429	(4) of section 1003.621, Florida Statutes, are amended to read:
430	1003.621  Academically high-performing school
431	districts.--It is the intent of the Legislature to recognize and
432	reward school districts that demonstrate the ability to
433	consistently maintain or improve their high-performing status.
434	The purpose of this section is to provide high-performing school
435	districts with flexibility in meeting the specific requirements
436	in statute and rules of the State Board of Education.
437	(1)  ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.--
438	(a)  The State Board of Education shall annually designate
439	a school district as is an academically high-performing school
440	district if the district it meets the following criteria:
441	1.a.  Beginning with the 2004-2005 school year, earns a
442	grade of "A" under s. 1008.34(7) for 2 consecutive years; and
443	b.  Has no district-operated school that earns a grade of
444	"F" under s. 1008.34;
445	2.  Complies with all class size requirements in s. 1, Art.
446	IX of the State Constitution and s. 1003.03; and
447	3.  Has no material weaknesses or instances of material
448	noncompliance noted in the annual financial audit conducted
449	pursuant to s. 218.39.
450	(b)  Each school district that satisfies the eligibility
451	criteria in this subsection shall be designated by The State
452	Board of Education shall designate a school district as an
453	academically high-performing school district at the next State
454	Board of Education meeting occurring on or after February 1 of
455	each year. The designation is effective beginning with the
456	following school year and remains effective through the entire
457	school year. With the exception of the statutes listed in
458	subsection (2), upon designation as an academically high-
459	performing school district, each such district is exempt from
460	the provisions in chapters 1000-1013 which pertain to school
461	districts and rules of the State Board of Education which
462	implement these exempt provisions. This exemption remains in
463	effect during the time of the designation if the district
464	continues to meet all eligibility criteria.
465	(c)  The academically high-performing school district shall
466	retain the designation as a high-performing school district for
467	3 years, at the end of which time the district may renew the
468	designation if the district meets the requirements in this
469	section. A school district that fails to meet the requirements
470	in this section shall provide written notification to the State
471	Board of Education that the district is no longer eligible to be
472	designated as an academically high-performing school district.
473	(c)(d)  In order to annually maintain the designation as an
474	academically high-performing school district pursuant to this
475	section, a school district must meet the following requirements:
476	1.  Comply with the provisions of sub-subparagraph (a)1.b.
477	and subparagraphs(a)2. and 3.; and
478	2.  Earn a grade of "A" under s. 1008.34(7) for 2 years
479	within a 3-year period.
480
481	However, a district in which a district-operated school earns a
482	grade of "F" under s. 1008.34 during the 3-year period may not
483	continue to be designated as an academically high-performing
484	school district during the remainder of that 3-year period. The
485	district must meet the criteria in paragraph (a) in order to be
486	redesignated as an academically high-performing school district.
487	(4)  REPORTS.--The academically high-performing school
488	district shall submit to the State Board of Education and the
489	Legislature an annual report on December 1 which delineates the
490	performance of the school district relative to the academic
491	performance of students at each grade level in reading, writing,
492	mathematics, science, and any other subject that is included as
493	a part of the statewide assessment program in s. 1008.22. The
494	annual report shall be submitted in a format prescribed by the
495	Department of Education and shall include, but need not be
496	limited to, the following:
497	(f)  A description of each statute and rule that the
498	district did not comply with pursuant to paragraph (1)(b) and
499	the effect that the exemption had upon the district's ability to
500	consistently maintain or improve its high-performing status
501	waiver and the status of each waiver.
502	Section 8.  Paragraph (c) of subsection (3) and paragraphs
503	(b) and (c) of subsection (10) of section 1008.22, Florida
504	Statutes, are amended to read:
505	1008.22  Student assessment program for public schools.--
506	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
507	design and implement a statewide program of educational
508	assessment that provides information for the improvement of the
509	operation and management of the public schools, including
510	schools operating for the purpose of providing educational
511	services to youth in Department of Juvenile Justice programs.
512	The commissioner may enter into contracts for the continued
513	administration of the assessment, testing, and evaluation
514	programs authorized and funded by the Legislature. Contracts may
515	be initiated in 1 fiscal year and continue into the next and may
516	be paid from the appropriations of either or both fiscal years.
517	The commissioner is authorized to negotiate for the sale or
518	lease of tests, scoring protocols, test scoring services, and
519	related materials developed pursuant to law. Pursuant to the
520	statewide assessment program, the commissioner shall:
521	(c)  Develop and implement a student achievement testing
522	program known as the Florida Comprehensive Assessment Test
523	(FCAT) as part of the statewide assessment program to measure a
524	student's content knowledge and skills in reading, writing,
525	science, and mathematics. Other content areas may be included as
526	directed by the commissioner. Comprehensive assessments of
527	reading and mathematics shall be administered annually in grades
528	3 through 10. Comprehensive assessments of writing and science
529	shall be administered at least once at the elementary, middle,
530	and high school levels. End-of-course assessments for a subject
531	may be administered in addition to the comprehensive assessments
532	required for that subject under this paragraph. An end-of-course
533	assessment must be rigorous, statewide, standardized, and
534	developed or approved by the department. The content knowledge
535	and skills assessed by comprehensive and end-of-course
536	assessments must be aligned to the core curricular content
537	established in the Sunshine State Standards. The commissioner
538	may select one or more nationally developed comprehensive
539	examinations, which may include, but need not be limited to,
540	examinations for a College Board Advanced Placement course,
541	International Baccalaureate course, or Advanced International
542	Certificate of Education course or industry-approved
543	examinations to earn national industry certifications as defined
544	in s. 1003.492, for use as end-of-course assessments under this
545	paragraph, if the commissioner determines that the content
546	knowledge and skills assessed by the examinations meet or exceed
547	the grade level expectations for the core curricular content
548	established for the course in the Next Generation Sunshine State
549	Standards. The commissioner may collaborate with the American
550	Diploma Project in the adoption or development of rigorous end-
551	of-course assessments that are aligned to the Next Generation
552	Sunshine State Standards. The testing program must be designed
553	as follows:
554	1.  The tests shall measure student skills and competencies
555	adopted by the State Board of Education as specified in
556	paragraph (a). The tests must measure and report student
557	proficiency levels of all students assessed in reading, writing,
558	mathematics, and science. The commissioner shall provide for the
559	tests to be developed or obtained, as appropriate, through
560	contracts and project agreements with private vendors, public
561	vendors, public agencies, postsecondary educational
562	institutions, or school districts. The commissioner shall obtain
563	input with respect to the design and implementation of the
564	testing program from state educators, assistive technology
565	experts, and the public.
566	2.  The testing program shall be composed of criterion-
567	referenced tests that shall, to the extent determined by the
568	commissioner, include test items that require the student to
569	produce information or perform tasks in such a way that the core
570	content knowledge and skills he or she uses can be measured.
571	3.  Beginning with the 2008-2009 school year, the
572	commissioner shall discontinue administration of the selected-
573	response test items on the comprehensive assessments of writing.
574	Beginning with the 2012-2013 school year, the comprehensive
575	assessments of writing shall be composed of a combination of
576	selected-response test items, short-response performance tasks,
577	and extended-response performance tasks, which shall measure a
578	student's content knowledge of writing, including, but not
579	limited to, paragraph and sentence structure, sentence
580	construction, grammar and usage, punctuation, capitalization,
581	spelling, parts of speech, verb tense, irregular verbs, subject-
582	verb agreement, and noun-pronoun agreement.
583	4.  A score shall be designated for each subject area
584	tested, below which score a student's performance is deemed
585	inadequate. The school districts shall provide appropriate
586	remedial instruction to students who score below these levels.
587	5.  Except as provided in s. 1003.428(8)(b) or s.
588	1003.43(11)(b), students must earn a passing score on the grade
589	10 assessment test described in this paragraph or attain
590	concordant scores as described in subsection (10) in reading,
591	writing, and mathematics to qualify for a standard high school
592	diploma. Concordant scores earned before taking the grade 10
593	FCAT for the first time in grade 10 may not be used to satisfy
594	the requirement in this subparagraph. The State Board of
595	Education shall designate a passing score for each part of the
596	grade 10 assessment test. In establishing passing scores, the
597	state board shall consider any possible negative impact of the
598	test on minority students. The State Board of Education shall
599	adopt rules which specify the passing scores for the grade 10
600	FCAT. Any such rules, which have the effect of raising the
601	required passing scores, shall apply only to students taking the
602	grade 10 FCAT for the first time after such rules are adopted by
603	the State Board of Education.
604	6.  Participation in the testing program is mandatory for
605	all students attending public school, including students served
606	in Department of Juvenile Justice programs, except as otherwise
607	prescribed by the commissioner. A student who has not earned
608	passing scores on the grade 10 assessment as provided in
609	subparagraph 5. must participate in each retake of the
610	assessment until the student earns a passing score or achieves a
611	score on a standardized assessment which is concordant with
612	passing scores pursuant to subsection (10). If a student does
613	not participate in the statewide assessment, the district must
614	notify the student's parent and provide the parent with
615	information regarding the implications of such nonparticipation.
616	A parent must provide signed consent for a student to receive
617	classroom instructional accommodations that would not be
618	available or permitted on the statewide assessments and must
619	acknowledge in writing that he or she understands the
620	implications of such instructional accommodations. The State
621	Board of Education shall adopt rules, based upon recommendations
622	of the commissioner, for the provision of test accommodations
623	for students in exceptional education programs and for students
624	who have limited English proficiency. Accommodations that negate
625	the validity of a statewide assessment are not allowable in the
626	administration of the FCAT. However, instructional
627	accommodations are allowable in the classroom if included in a
628	student's individual education plan. Students using
629	instructional accommodations in the classroom that are not
630	allowable as accommodations on the FCAT may have the FCAT
631	requirement waived pursuant to the requirements of s.
632	1003.428(8)(b) or s. 1003.43(11)(b).
633	7.  A student seeking an adult high school diploma must
634	meet the same testing requirements that a regular high school
635	student must meet.
636	8.  District school boards must provide instruction to
637	prepare students to demonstrate proficiency in the core
638	curricular content established in the Next Generation Sunshine
639	State Standards adopted under s. 1003.41, including the core
640	content knowledge and skills necessary for successful grade-to-
641	grade progression and high school graduation. If a student is
642	provided with instructional accommodations in the classroom that
643	are not allowable as accommodations in the statewide assessment
644	program, as described in the test manuals, the district must
645	inform the parent in writing and must provide the parent with
646	information regarding the impact on the student's ability to
647	meet expected proficiency levels in reading, writing, and
648	mathematics. The commissioner shall conduct studies as necessary
649	to verify that the required core curricular content is part of
650	the district instructional programs.
651	9.  District school boards must provide opportunities for
652	students to demonstrate an acceptable level of performance on an
653	alternative standardized assessment approved by the State Board
654	of Education following enrollment in summer academies.
655	10.  The Department of Education must develop, or select,
656	and implement a common battery of assessment tools that will be
657	used in all juvenile justice programs in the state. These tools
658	must accurately measure the core curricular content established
659	in the Sunshine State Standards.
660	11.  For students seeking a special diploma pursuant to s.
661	1003.438, the Department of Education must develop or select and
662	implement an alternate assessment tool that accurately measures
663	the core curricular content established in the Sunshine State
664	Standards for students with disabilities under s. 1003.438.
665	12.  The Commissioner of Education shall establish
666	schedules for the administration of statewide assessments and
667	the reporting of student test results. The commissioner shall,
668	by August 1 of each year, notify each school district in writing
669	and publish on the department's Internet website the testing and
670	reporting schedules for, at a minimum, the school year following
671	the upcoming school year. The testing and reporting schedules
672	shall require that:
673	a.  There is the latest possible administration of
674	statewide assessments and the earliest possible reporting to the
675	school districts of student test results which is feasible
676	within available technology and specific appropriations;
677	however, test results must be made available no later than the
678	final day of the regular school year for students.
679	b.  Beginning with the 2010-2011 school year, a
680	comprehensive statewide assessment of writing is not
681	administered earlier than the week of March 1 and a
682	comprehensive statewide assessment of any other subject is not
683	administered earlier than the week of April 15.
684	c.  A statewide standardized end-of-course assessment is
685	administered within the last 2 weeks of the course.
686
687	The commissioner may, based on collaboration and input from
688	school districts, design and implement student testing programs,
689	for any grade level and subject area, necessary to effectively
690	monitor educational achievement in the state, including the
691	measurement of educational achievement of the Sunshine State
692	Standards for students with disabilities. Development and
693	refinement of assessments shall include universal design
694	principles and accessibility standards that will prevent any
695	unintended obstacles for students with disabilities while
696	ensuring the validity and reliability of the test. These
697	principles should be applicable to all technology platforms and
698	assistive devices available for the assessments. The field
699	testing process and psychometric analyses for the statewide
700	assessment program must include an appropriate percentage of
701	students with disabilities and an evaluation or determination of
702	the effect of test items on such students.
703	(10)  CONCORDANT SCORES FOR THE FCAT.--
704	(b)  In order to use a concordant subject area score
705	pursuant to this subsection to satisfy the assessment
706	requirement for a standard high school diploma as provided in s.
707	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
708	take each subject area of the grade 10 FCAT a total of three
709	times without earning a passing score. The requirements of this
710	paragraph shall not apply to a new student who enters the
711	Florida public school system in grade 12, who may either achieve
712	a passing score on the FCAT or use an approved subject area
713	concordant score to fulfill the graduation requirement.
714	(b)(c)  The State Board of Education may define by rule the
715	allowable uses, other than to satisfy the high school graduation
716	requirement, for concordant scores as described in this
717	subsection. Such uses may include, but need not be limited to,
718	achieving appropriate standardized test scores required for the
719	awarding of Florida Bright Futures Scholarships and college
720	placement.
721	Section 9.  Paragraph (b) of subsection (8) of section
722	1008.25, Florida Statutes, is amended to read:
723	1008.25  Public school student progression; remedial
724	instruction; reporting requirements.--
725	(8)  ANNUAL REPORT.--
726	(b)  Each district school board must annually publish in
727	the local newspaper or on the district school board's Internet
728	website, and report in writing to the State Board of Education
729	by October 1 September 1 of each year, the following information
730	on the prior school year:
731	1.  The provisions of this section relating to public
732	school student progression and the district school board's
733	policies and procedures on student retention and promotion.
734	2.  By grade, the number and percentage of all students in
735	grades 3 through 10 performing at Levels 1 and 2 on the reading
736	portion of the FCAT.
737	3.  By grade, the number and percentage of all students
738	retained in grades 3 through 10.
739	4.  Information on the total number of students who were
740	promoted for good cause, by each category of good cause as
741	specified in paragraph (6)(b).
742	5.  Any revisions to the district school board's policy on
743	student retention and promotion from the prior year.
744	Section 10.  Subsection (4) of section 1008.36, Florida
745	Statutes, is amended to read:
746	1008.36  Florida School Recognition Program.--
747	(4)  All selected schools shall receive financial awards
748	depending on the availability of funds appropriated and the
749	number and size of schools selected to receive an award. Funds
750	must be distributed to the school's fiscal agent and placed in
751	the school's account and must be used for purposes listed in
752	subsection (5) as determined jointly by the school's staff and
753	school advisory council. If school staff and the school advisory
754	council cannot reach agreement by February 1 November 1, the
755	awards must be equally distributed to all classroom teachers
756	currently teaching in the school.
757
758	Notwithstanding statutory provisions to the contrary, incentive
759	awards are not subject to collective bargaining.
760	Section 11.  Sections 11-13 of this act may be cited as the
761	"Justice Sandra Day O'Connor Civics Education Act."
762	Section 12.  Paragraph (a) of subsection (1) of section
763	1003.4156, Florida Statutes, is amended to read:
764	1003.4156  General requirements for middle grades
765	promotion.--
766	(1)  Beginning with students entering grade 6 in the 2006-
767	2007 school year, promotion from a school composed of middle
768	grades 6, 7, and 8 requires that:
769	(a)  The student must successfully complete academic
770	courses as follows:
771	1.  Three middle school or higher courses in English. These
772	courses shall emphasize literature, composition, and technical
773	text.
774	2.  Three middle school or higher courses in mathematics.
775	Each middle school must offer at least one high school level
776	mathematics course for which students may earn high school
777	credit.
778	3.  Three middle school or higher courses in social
779	studies, one semester of which must include the study of state
780	and federal government and civics education. Beginning with
781	students entering grade 6 in the 2011-2012 school year, one of
782	these courses must be a one-semester civics education course
783	that a student successfully completes in accordance with s.
784	1008.22(3)(c) and that includes the roles and responsibilities
785	of federal, state, and local governments; the structures and
786	functions of the legislative, executive, and judicial branches
787	of government; and the meaning and significance of historic
788	documents, such as the Articles of Confederation, the
789	Declaration of Independence, and the Constitution of the United
790	States.
791	4.  Three middle school or higher courses in science.
792	5.  One course in career and education planning to be
793	completed in 7th or 8th grade. The course may be taught by any
794	member of the instructional staff; must include career
795	exploration using CHOICES for the 21st Century or a comparable
796	cost-effective program; must include educational planning using
797	the online student advising system known as Florida Academic
798	Counseling and Tracking for Students at the Internet website
799	FACTS.org; and shall result in the completion of a personalized
800	academic and career plan.
801
802	Each school must hold a parent meeting either in the evening or
803	on a weekend to inform parents about the course curriculum and
804	activities. Each student shall complete an electronic personal
805	education plan that must be signed by the student; the student's
806	instructor, guidance counselor, or academic advisor; and the
807	student's parent. By January 1, 2007, the Department of
808	Education shall develop course frameworks and professional
809	development materials for the career exploration and education
810	planning course. The course may be implemented as a stand-alone
811	course or integrated into another course or courses. The
812	Commissioner of Education shall collect longitudinal high school
813	course enrollment data by student ethnicity in order to analyze
814	course-taking patterns.
815	Section 13.  Paragraph (c) of subsection (3) of section
816	1008.22, Florida Statutes, is amended to read:
817	1008.22  Student assessment program for public schools.--
818	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
819	design and implement a statewide program of educational
820	assessment that provides information for the improvement of the
821	operation and management of the public schools, including
822	schools operating for the purpose of providing educational
823	services to youth in Department of Juvenile Justice programs.
824	The commissioner may enter into contracts for the continued
825	administration of the assessment, testing, and evaluation
826	programs authorized and funded by the Legislature. Contracts may
827	be initiated in 1 fiscal year and continue into the next and may
828	be paid from the appropriations of either or both fiscal years.
829	The commissioner is authorized to negotiate for the sale or
830	lease of tests, scoring protocols, test scoring services, and
831	related materials developed pursuant to law. Pursuant to the
832	statewide assessment program, the commissioner shall:
833	(c)  Develop and implement a student achievement testing
834	program known as the Florida Comprehensive Assessment Test
835	(FCAT) as part of the statewide assessment program to measure a
836	student's content knowledge and skills in reading, writing,
837	science, and mathematics. Other content areas may be included as
838	directed by the commissioner. Comprehensive assessments of
839	reading and mathematics shall be administered annually in grades
840	3 through 10. Comprehensive assessments of writing and science
841	shall be administered at least once at the elementary, middle,
842	and high school levels. End-of-course assessments for a subject
843	may be administered in addition to the comprehensive assessments
844	required for that subject under this paragraph. An end-of-course
845	assessment must be rigorous, statewide, standardized, and
846	developed or approved by the department. The content knowledge
847	and skills assessed by comprehensive and end-of-course
848	assessments must be aligned to the core curricular content
849	established in the Sunshine State Standards. During the 2011-
850	2012 school year, an end-of-course assessment in civics
851	education shall be administered as a field test at the middle
852	school level. During the 2012-2013 school year, each student's
853	performance on the statewide, standardized end-of-course
854	assessment in civics education shall constitute 30 percent of
855	the student's final course grade. Beginning with the 2013-2014
856	school year, a student must earn a passing score on the end-of-
857	course assessment in civics education in order to pass the
858	course and receive course credit. The commissioner may select
859	one or more nationally developed comprehensive examinations,
860	which may include, but need not be limited to, examinations for
861	a College Board Advanced Placement course, International
862	Baccalaureate course, or Advanced International Certificate of
863	Education course or industry-approved examinations to earn
864	national industry certifications as defined in s. 1003.492, for
865	use as end-of-course assessments under this paragraph, if the
866	commissioner determines that the content knowledge and skills
867	assessed by the examinations meet or exceed the grade level
868	expectations for the core curricular content established for the
869	course in the Next Generation Sunshine State Standards. The
870	commissioner may collaborate with the American Diploma Project
871	in the adoption or development of rigorous end-of-course
872	assessments that are aligned to the Next Generation Sunshine
873	State Standards. The testing program must be designed as
874	follows:
875	1.  The tests shall measure student skills and competencies
876	adopted by the State Board of Education as specified in
877	paragraph (a). The tests must measure and report student
878	proficiency levels of all students assessed in reading, writing,
879	mathematics, and science. The commissioner shall provide for the
880	tests to be developed or obtained, as appropriate, through
881	contracts and project agreements with private vendors, public
882	vendors, public agencies, postsecondary educational
883	institutions, or school districts. The commissioner shall obtain
884	input with respect to the design and implementation of the
885	testing program from state educators, assistive technology
886	experts, and the public.
887	2.  The testing program shall be composed of criterion-
888	referenced tests that shall, to the extent determined by the
889	commissioner, include test items that require the student to
890	produce information or perform tasks in such a way that the core
891	content knowledge and skills he or she uses can be measured.
892	3.  Beginning with the 2008-2009 school year, the
893	commissioner shall discontinue administration of the selected-
894	response test items on the comprehensive assessments of writing.
895	Beginning with the 2012-2013 school year, the comprehensive
896	assessments of writing shall be composed of a combination of
897	selected-response test items, short-response performance tasks,
898	and extended-response performance tasks, which shall measure a
899	student's content knowledge of writing, including, but not
900	limited to, paragraph and sentence structure, sentence
901	construction, grammar and usage, punctuation, capitalization,
902	spelling, parts of speech, verb tense, irregular verbs, subject-
903	verb agreement, and noun-pronoun agreement.
904	4.  A score shall be designated for each subject area
905	tested, below which score a student's performance is deemed
906	inadequate. The school districts shall provide appropriate
907	remedial instruction to students who score below these levels.
908	5.  Except as provided in s. 1003.428(8)(b) or s.
909	1003.43(11)(b), students must earn a passing score on the grade
910	10 assessment test described in this paragraph or attain
911	concordant scores as described in subsection (10) in reading,
912	writing, and mathematics to qualify for a standard high school
913	diploma. The State Board of Education shall designate a passing
914	score for each part of the grade 10 assessment test. In
915	establishing passing scores, the state board shall consider any
916	possible negative impact of the test on minority students. The
917	State Board of Education shall adopt rules which specify the
918	passing scores for the grade 10 FCAT. Any such rules, which have
919	the effect of raising the required passing scores, shall apply
920	only to students taking the grade 10 FCAT for the first time
921	after such rules are adopted by the State Board of Education.
922	6.  Participation in the testing program is mandatory for
923	all students attending public school, including students served
924	in Department of Juvenile Justice programs, except as otherwise
925	prescribed by the commissioner. If a student does not
926	participate in the statewide assessment, the district must
927	notify the student's parent and provide the parent with
928	information regarding the implications of such nonparticipation.
929	A parent must provide signed consent for a student to receive
930	classroom instructional accommodations that would not be
931	available or permitted on the statewide assessments and must
932	acknowledge in writing that he or she understands the
933	implications of such instructional accommodations. The State
934	Board of Education shall adopt rules, based upon recommendations
935	of the commissioner, for the provision of test accommodations
936	for students in exceptional education programs and for students
937	who have limited English proficiency. Accommodations that negate
938	the validity of a statewide assessment are not allowable in the
939	administration of the FCAT. However, instructional
940	accommodations are allowable in the classroom if included in a
941	student's individual education plan. Students using
942	instructional accommodations in the classroom that are not
943	allowable as accommodations on the FCAT may have the FCAT
944	requirement waived pursuant to the requirements of s.
945	1003.428(8)(b) or s. 1003.43(11)(b).
946	7.  A student seeking an adult high school diploma must
947	meet the same testing requirements that a regular high school
948	student must meet.
949	8.  District school boards must provide instruction to
950	prepare students to demonstrate proficiency in the core
951	curricular content established in the Next Generation Sunshine
952	State Standards adopted under s. 1003.41, including the core
953	content knowledge and skills necessary for successful grade-to-
954	grade progression and high school graduation. If a student is
955	provided with instructional accommodations in the classroom that
956	are not allowable as accommodations in the statewide assessment
957	program, as described in the test manuals, the district must
958	inform the parent in writing and must provide the parent with
959	information regarding the impact on the student's ability to
960	meet expected proficiency levels in reading, writing, and
961	mathematics. The commissioner shall conduct studies as necessary
962	to verify that the required core curricular content is part of
963	the district instructional programs.
964	9.  District school boards must provide opportunities for
965	students to demonstrate an acceptable level of performance on an
966	alternative standardized assessment approved by the State Board
967	of Education following enrollment in summer academies.
968	10.  The Department of Education must develop, or select,
969	and implement a common battery of assessment tools that will be
970	used in all juvenile justice programs in the state. These tools
971	must accurately measure the core curricular content established
972	in the Sunshine State Standards.
973	11.  For students seeking a special diploma pursuant to s.
974	1003.438, the Department of Education must develop or select and
975	implement an alternate assessment tool that accurately measures
976	the core curricular content established in the Sunshine State
977	Standards for students with disabilities under s. 1003.438.
978	12.  The Commissioner of Education shall establish
979	schedules for the administration of statewide assessments and
980	the reporting of student test results. The commissioner shall,
981	by August 1 of each year, notify each school district in writing
982	and publish on the department's Internet website the testing and
983	reporting schedules for, at a minimum, the school year following
984	the upcoming school year. The testing and reporting schedules
985	shall require that:
986	a.  There is the latest possible administration of
987	statewide assessments and the earliest possible reporting to the
988	school districts of student test results which is feasible
989	within available technology and specific appropriations;
990	however, test results must be made available no later than the
991	final day of the regular school year for students.
992	b.  Beginning with the 2010-2011 school year, a
993	comprehensive statewide assessment of writing is not
994	administered earlier than the week of March 1 and a
995	comprehensive statewide assessment of any other subject is not
996	administered earlier than the week of April 15.
997	c.  A statewide standardized end-of-course assessment is
998	administered within the last 2 weeks of the course.
999
1000	The commissioner may, based on collaboration and input from
1001	school districts, design and implement student testing programs,
1002	for any grade level and subject area, necessary to effectively
1003	monitor educational achievement in the state, including the
1004	measurement of educational achievement of the Sunshine State
1005	Standards for students with disabilities. Development and
1006	refinement of assessments shall include universal design
1007	principles and accessibility standards that will prevent any
1008	unintended obstacles for students with disabilities while
1009	ensuring the validity and reliability of the test. These
1010	principles should be applicable to all technology platforms and
1011	assistive devices available for the assessments. The field
1012	testing process and psychometric analyses for the statewide
1013	assessment program must include an appropriate percentage of
1014	students with disabilities and an evaluation or determination of
1015	the effect of test items on such students.
1016	Section 14.  Paragraph (c) of subsection (3) of section
1017	1008.34, Florida Statutes, is amended to read:
1018	1008.34  School grading system; school report cards;
1019	district grade.--
1020	(3)  DESIGNATION OF SCHOOL GRADES.--
1021	(c)  Student assessment data used in determining school
1022	grades shall include:
1023	1.  The aggregate scores of all eligible students enrolled
1024	in the school who have been assessed on the FCAT and, beginning
1025	with the 2012-2013 school year, the statewide, standardized end-
1026	of-course assessment in civics education at the middle school
1027	level.
1028	2.  The aggregate scores of all eligible students enrolled
1029	in the school who have been assessed on the FCAT and who have
1030	scored at or in the lowest 25th percentile of students in the
1031	school in reading, mathematics, or writing, unless these
1032	students are exhibiting satisfactory performance.
1033	3.  Effective with the 2005-2006 school year, the
1034	achievement scores and learning gains of eligible students
1035	attending alternative schools that provide dropout prevention
1036	and academic intervention services pursuant to s. 1003.53. The
1037	term "eligible students" in this subparagraph does not include
1038	students attending an alternative school who are subject to
1039	district school board policies for expulsion for repeated or
1040	serious offenses, who are in dropout retrieval programs serving
1041	students who have officially been designated as dropouts, or who
1042	are in programs operated or contracted by the Department of
1043	Juvenile Justice. The student performance data for eligible
1044	students identified in this subparagraph shall be included in
1045	the calculation of the home school's grade. As used in this
1046	section and s. 1008.341, the term "home school" means the school
1047	to which the student would be assigned if the student were not
1048	assigned to an alternative school. If an alternative school
1049	chooses to be graded under this section, student performance
1050	data for eligible students identified in this subparagraph shall
1051	not be included in the home school's grade but shall be included
1052	only in the calculation of the alternative school's grade. A
1053	school district that fails to assign the FCAT scores of each of
1054	its students to his or her home school or to the alternative
1055	school that receives a grade shall forfeit Florida School
1056	Recognition Program funds for 1 fiscal year. School districts
1057	must require collaboration between the home school and the
1058	alternative school in order to promote student success. This
1059	collaboration must include an annual discussion between the
1060	principal of the alternative school and the principal of each
1061	student's home school concerning the most appropriate school
1062	assignment of the student.
1063	4.  Beginning with the 2009-2010 school year for schools
1064	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1065	11, and 12, the data listed in subparagraphs 1.-3. and the
1066	following data as the Department of Education determines such
1067	data are valid and available:
1068	a.  The high school graduation rate of the school as
1069	calculated by the Department of Education;
1070	b.  The participation rate of all eligible students
1071	enrolled in the school and enrolled in College Board Advanced
1072	Placement courses; International Baccalaureate courses; dual
1073	enrollment courses; Advanced International Certificate of
1074	Education courses; and courses or sequence of courses leading to
1075	industry certification, as determined by the Agency for
1076	Workforce Innovation under s. 1003.492(2) in a career and
1077	professional academy, as described in s. 1003.493;
1078	c.  The aggregate scores of all eligible students enrolled
1079	in the school in College Board Advanced Placement courses,
1080	International Baccalaureate courses, and Advanced International
1081	Certificate of Education courses;
1082	d.  Earning of college credit by all eligible students
1083	enrolled in the school in dual enrollment programs under s.
1084	1007.271;
1085	e.  Earning of an industry certification, as determined by
1086	the Agency for Workforce Innovation under s. 1003.492(2) in a
1087	career and professional academy, as described in s. 1003.493;
1088	f.  The aggregate scores of all eligible students enrolled
1089	in the school in reading, mathematics, and other subjects as
1090	measured by the SAT, the ACT, and the common placement test for
1091	postsecondary readiness;
1092	g.  The high school graduation rate of all eligible at-risk
1093	students enrolled in the school who scored at Level 2 or lower
1094	on the grade 8 FCAT Reading and Mathematics examinations;
1095	h.  The performance of the school's students on statewide
1096	standardized end-of-course assessments administered under s.
1097	1008.22; and
1098	i.  The growth or decline in the data components listed in
1099	sub-subparagraphs a.-h. from year to year.
1100
1101	The State Board of Education shall adopt appropriate criteria
1102	for each school grade. The criteria must also give added weight
1103	to student achievement in reading. Schools designated with a
1104	grade of "C," making satisfactory progress, shall be required to
1105	demonstrate that adequate progress has been made by students in
1106	the school who are in the lowest 25th percentile in reading,
1107	mathematics, or writing on the FCAT, unless these students are
1108	exhibiting satisfactory performance. Beginning with the 2009-
1109	2010 school year for schools comprised of high school grades 9,
1110	10, 11, and 12, or grades 10, 11, and 12, the criteria for
1111	school grades must also give added weight to the graduation rate
1112	of all eligible at-risk students, as defined in this paragraph.
1113	Beginning in the 2009-2010 school year, in order for a high
1114	school to be designated as having a grade of "A," making
1115	excellent progress, the school must demonstrate that at-risk
1116	students, as defined in this paragraph, in the school are making
1117	adequate progress.
1118	Section 15.  Subsection (1) and paragraph (a) of subsection
1119	(2) of section 1003.428, Florida Statutes, are amended to read:
1120	1003.428  General requirements for high school graduation;
1121	revised.--
1122	(1)  Except as otherwise authorized pursuant to s.
1123	1003.429, beginning with students entering grade 9 their first
1124	year of high school in the 2007-2008 school year, graduation
1125	requires the successful completion of a minimum of 24 credits,
1126	an International Baccalaureate curriculum, or an Advanced
1127	International Certificate of Education curriculum. Students must
1128	be advised of eligibility requirements for state scholarship
1129	programs and postsecondary admissions.
1130	(2)  The 24 credits may be earned through applied,
1131	integrated, and combined courses approved by the Department of
1132	Education and shall be distributed as follows:
1133	(a)  Sixteen core curriculum credits:
1134	1.  Four credits in English, with major concentration in
1135	composition, reading for information, and literature.
1136	2.  Four credits in mathematics, one of which must be
1137	Algebra I, a series of courses equivalent to Algebra I, or a
1138	higher-level mathematics course. School districts are encouraged
1139	to set specific goals to increase enrollments in, and successful
1140	completion of, geometry and Algebra II.
1141	3.  Three credits in science, two of which must have a
1142	laboratory component. Beginning with students entering grade 9
1143	in the 2010-2011 school year, one of the three credits in
1144	science must be Biology I or a series of courses that have been
1145	approved by the State Board of Education as equivalent to
1146	Biology I.
1147	4.  Three credits in social studies as follows: one credit
1148	in American history; one credit in world history; one-half
1149	credit in economics; and one-half credit in American government.
1150	5.  One credit in fine or performing arts, speech and
1151	debate, or a practical arts course that incorporates artistic
1152	content and techniques of creativity, interpretation, and
1153	imagination. Eligible practical arts courses shall be identified
1154	through the Course Code Directory.
1155	6.  One credit in physical education to include integration
1156	of health. Participation in an interscholastic sport at the
1157	junior varsity or varsity level for two full seasons shall
1158	satisfy the one-credit requirement in physical education if the
1159	student passes a competency test on personal fitness with a
1160	score of "C" or better. The competency test on personal fitness
1161	must be developed by the Department of Education. A district
1162	school board may not require that the one credit in physical
1163	education be taken during the 9th grade year. Completion of one
1164	semester with a grade of "C" or better in a marching band class,
1165	in a physical activity class that requires participation in
1166	marching band activities as an extracurricular activity, or in a
1167	dance class shall satisfy one-half credit in physical education
1168	or one-half credit in performing arts. This credit may not be
1169	used to satisfy the personal fitness requirement or the
1170	requirement for adaptive physical education under an individual
1171	education plan (IEP) or 504 plan. Completion of 2 years in a
1172	Reserve Officer Training Corps (R.O.T.C.) class, a significant
1173	component of which is drills, shall satisfy the one-credit
1174	requirement in physical education and the one-credit requirement
1175	in performing arts. This credit may not be used to satisfy the
1176	personal fitness requirement or the requirement for adaptive
1177	physical education under an individual education plan (IEP) or
1178	504 plan.
1179	Section 16.  Subsection (1) of section 1003.429, Florida
1180	Statutes, is amended to read:
1181	1003.429  Accelerated high school graduation options.--
1182	(1)  Students who enter grade 9 in the 2006-2007 school
1183	year and thereafter may select, upon receipt of each consent
1184	required by this section, one of the following three high school
1185	graduation options:
1186	(a)  Completion of the general requirements for high school
1187	graduation pursuant to s. 1003.43;
1188	(b)  Completion of a 3-year standard college preparatory
1189	program requiring successful completion of a minimum of 18
1190	academic credits in grades 9 through 12. At least 6 of the 18
1191	credits required for completion of this program must be received
1192	in classes that are offered pursuant to the International
1193	Baccalaureate Program, the Advanced Placement Program, dual
1194	enrollment, Advanced International Certificate of Education, or
1195	specifically listed or identified by the Department of Education
1196	as rigorous pursuant to s. 1009.531(3). The 18 credits required
1197	for completion of this program shall be primary requirements and
1198	shall be distributed as follows:
1199	1.  Four credits in English, with major concentration in
1200	composition and literature;
1201	2.  Three credits in mathematics at the Algebra I level or
1202	higher from the list of courses that qualify for state
1203	university admission;
1204	3.  Three credits in natural science, two of which must
1205	have a laboratory component. Beginning with students entering
1206	grade 9 in the 2010-2011 school year, one of the three credits
1207	in science must be Biology I or a series of courses that have
1208	been approved by the State Board of Education as equivalent to
1209	Biology I;
1210	4.  Three credits in social sciences, which must include
1211	one credit in American history, one credit in world history,
1212	one-half credit in American government, and one-half credit in
1213	economics;
1214	5.  Two credits in the same second language unless the
1215	student is a native speaker of or can otherwise demonstrate
1216	competency in a language other than English. If the student
1217	demonstrates competency in another language, the student may
1218	replace the language requirement with two credits in other
1219	academic courses; and
1220	6.  Three credits in electives; or
1221	(c)  Completion of a 3-year career preparatory program
1222	requiring successful completion of a minimum of 18 academic
1223	credits in grades 9 through 12. The 18 credits shall be primary
1224	requirements and shall be distributed as follows:
1225	1.  Four credits in English, with major concentration in
1226	composition and literature;
1227	2.  Three credits in mathematics, one of which must be
1228	Algebra I;
1229	3.  Three credits in natural science, two of which must
1230	have a laboratory component. Beginning with students entering
1231	grade 9 in the 2010-2011 school year, one of the three credits
1232	in science must be Biology I or a series of courses that have
1233	been approved by the State Board of Education as equivalent to
1234	Biology I;
1235	4.  Three credits in social sciences, which must include
1236	one credit in American history, one credit in world history,
1237	one-half credit in American government, and one-half credit in
1238	economics;
1239	5.  Three credits in a single vocational or career
1240	education program, three credits in career and technical
1241	certificate dual enrollment courses, or five credits in
1242	vocational or career education courses; and
1243	6.  Two credits in electives unless five credits are earned
1244	pursuant to subparagraph 5.
1245
1246	Any student who selected an accelerated graduation program
1247	before July 1, 2004, may continue that program, and all
1248	statutory program requirements that were applicable when the
1249	student made the program choice shall remain applicable to the
1250	student as long as the student continues that program.
1251	Section 17.  Paragraph (c) of subsection (3) of section
1252	1008.22, Florida Statutes, is amended to read:
1253	1008.22  Student assessment program for public schools.--
1254	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
1255	design and implement a statewide program of educational
1256	assessment that provides information for the improvement of the
1257	operation and management of the public schools, including
1258	schools operating for the purpose of providing educational
1259	services to youth in Department of Juvenile Justice programs.
1260	The commissioner may enter into contracts for the continued
1261	administration of the assessment, testing, and evaluation
1262	programs authorized and funded by the Legislature. Contracts may
1263	be initiated in 1 fiscal year and continue into the next and may
1264	be paid from the appropriations of either or both fiscal years.
1265	The commissioner is authorized to negotiate for the sale or
1266	lease of tests, scoring protocols, test scoring services, and
1267	related materials developed pursuant to law. Pursuant to the
1268	statewide assessment program, the commissioner shall:
1269	(c)  Develop and implement a student achievement testing
1270	program known as the Florida Comprehensive Assessment Test
1271	(FCAT) as part of the statewide assessment program to measure a
1272	student's content knowledge and skills in reading, writing,
1273	science, and mathematics. Other content areas may be included as
1274	directed by the commissioner. Comprehensive assessments of
1275	reading and mathematics shall be administered annually in grades
1276	3 through 10. Comprehensive assessments of writing and science
1277	shall be administered at least once at the elementary, middle,
1278	and high school levels. During the 2010-2011 school year, an
1279	end-of-course assessment in biology shall be administered as a
1280	field test at the high school level. Beginning with the 2011-
1281	2012 school year, the end-of-course assessment in biology shall
1282	replace the comprehensive assessment of science administered at
1283	the high school level. During the 2011-2012 school year, each
1284	student's performance on the end-of-course assessment in biology
1285	shall constitute 30 percent of the student's final course grade.
1286	Beginning with the 2012-2013 school year, a student must earn a
1287	passing score on the end-of-course assessment in biology in
1288	order to pass the course and receive course credit. End-of-
1289	course assessments for a subject may be administered in addition
1290	to the comprehensive assessments required for that subject under
1291	this paragraph. An end-of-course assessment must be rigorous,
1292	statewide, standardized, and developed or approved by the
1293	department. The content knowledge and skills assessed by
1294	comprehensive and end-of-course assessments must be aligned to
1295	the core curricular content established in the Sunshine State
1296	Standards. The commissioner may select one or more nationally
1297	developed comprehensive examinations, which may include, but
1298	need not be limited to, examinations for a College Board
1299	Advanced Placement course, International Baccalaureate course,
1300	or Advanced International Certificate of Education course or
1301	industry-approved examinations to earn national industry
1302	certifications as defined in s. 1003.492, for use as end-of-
1303	course assessments under this paragraph, if the commissioner
1304	determines that the content knowledge and skills assessed by the
1305	examinations meet or exceed the grade level expectations for the
1306	core curricular content established for the course in the Next
1307	Generation Sunshine State Standards. The commissioner may
1308	collaborate with the American Diploma Project in the adoption or
1309	development of rigorous end-of-course assessments that are
1310	aligned to the Next Generation Sunshine State Standards. The
1311	testing program must be designed as follows:
1312	1.  The tests shall measure student skills and competencies
1313	adopted by the State Board of Education as specified in
1314	paragraph (a). The tests must measure and report student
1315	proficiency levels of all students assessed in reading, writing,
1316	mathematics, and science. The commissioner shall provide for the
1317	tests to be developed or obtained, as appropriate, through
1318	contracts and project agreements with private vendors, public
1319	vendors, public agencies, postsecondary educational
1320	institutions, or school districts. The commissioner shall obtain
1321	input with respect to the design and implementation of the
1322	testing program from state educators, assistive technology
1323	experts, and the public.
1324	2.  The testing program shall be composed of criterion-
1325	referenced tests that shall, to the extent determined by the
1326	commissioner, include test items that require the student to
1327	produce information or perform tasks in such a way that the core
1328	content knowledge and skills he or she uses can be measured.
1329	3.  Beginning with the 2008-2009 school year, the
1330	commissioner shall discontinue administration of the selected-
1331	response test items on the comprehensive assessments of writing.
1332	Beginning with the 2012-2013 school year, the comprehensive
1333	assessments of writing shall be composed of a combination of
1334	selected-response test items, short-response performance tasks,
1335	and extended-response performance tasks, which shall measure a
1336	student's content knowledge of writing, including, but not
1337	limited to, paragraph and sentence structure, sentence
1338	construction, grammar and usage, punctuation, capitalization,
1339	spelling, parts of speech, verb tense, irregular verbs, subject-
1340	verb agreement, and noun-pronoun agreement.
1341	4.  A score shall be designated for each subject area
1342	tested, below which score a student's performance is deemed
1343	inadequate. The school districts shall provide appropriate
1344	remedial instruction to students who score below these levels.
1345	5.  Except as provided in s. 1003.428(8)(b) or s.
1346	1003.43(11)(b), students must earn a passing score on the grade
1347	10 assessment test described in this paragraph or attain
1348	concordant scores as described in subsection (10) in reading,
1349	writing, and mathematics to qualify for a standard high school
1350	diploma. The State Board of Education shall designate a passing
1351	score for each part of the grade 10 assessment test and the end-
1352	of-course assessment in biology. In establishing passing scores,
1353	the state board shall consider any possible negative impact of
1354	the test on minority students. The State Board of Education
1355	shall adopt rules which specify the passing scores for each part
1356	of the grade 10 assessment test and the end-of-course assessment
1357	in biology FCAT. Any such rules, which have the effect of
1358	raising the required passing scores, shall apply only to
1359	students taking the assessment grade 10 FCAT for the first time
1360	after such rules are adopted by the State Board of Education.
1361	6.  Participation in the testing program is mandatory for
1362	all students attending public school, including students served
1363	in Department of Juvenile Justice programs, except as otherwise
1364	prescribed by the commissioner. If a student does not
1365	participate in the statewide assessment, the district must
1366	notify the student's parent and provide the parent with
1367	information regarding the implications of such nonparticipation.
1368	A parent must provide signed consent for a student to receive
1369	classroom instructional accommodations that would not be
1370	available or permitted on the statewide assessments and must
1371	acknowledge in writing that he or she understands the
1372	implications of such instructional accommodations. The State
1373	Board of Education shall adopt rules, based upon recommendations
1374	of the commissioner, for the provision of test accommodations
1375	for students in exceptional education programs and for students
1376	who have limited English proficiency. Accommodations that negate
1377	the validity of a statewide assessment are not allowable in the
1378	administration of the FCAT. However, instructional
1379	accommodations are allowable in the classroom if included in a
1380	student's individual education plan. Students using
1381	instructional accommodations in the classroom that are not
1382	allowable as accommodations on the FCAT may have the FCAT
1383	requirement waived pursuant to the requirements of s.
1384	1003.428(8)(b) or s. 1003.43(11)(b).
1385	7.  A student seeking an adult high school diploma must
1386	meet the same testing requirements that a regular high school
1387	student must meet.
1388	8.  District school boards must provide instruction to
1389	prepare students to demonstrate proficiency in the core
1390	curricular content established in the Next Generation Sunshine
1391	State Standards adopted under s. 1003.41, including the core
1392	content knowledge and skills necessary for successful grade-to-
1393	grade progression and high school graduation. If a student is
1394	provided with instructional accommodations in the classroom that
1395	are not allowable as accommodations in the statewide assessment
1396	program, as described in the test manuals, the district must
1397	inform the parent in writing and must provide the parent with
1398	information regarding the impact on the student's ability to
1399	meet expected proficiency levels in reading, writing, and
1400	mathematics. The commissioner shall conduct studies as necessary
1401	to verify that the required core curricular content is part of
1402	the district instructional programs.
1403	9.  District school boards must provide opportunities for
1404	students to demonstrate an acceptable level of performance on an
1405	alternative standardized assessment approved by the State Board
1406	of Education following enrollment in summer academies.
1407	10.  The Department of Education must develop, or select,
1408	and implement a common battery of assessment tools that will be
1409	used in all juvenile justice programs in the state. These tools
1410	must accurately measure the core curricular content established
1411	in the Sunshine State Standards.
1412	11.  For students seeking a special diploma pursuant to s.
1413	1003.438, the Department of Education must develop or select and
1414	implement an alternate assessment tool that accurately measures
1415	the core curricular content established in the Sunshine State
1416	Standards for students with disabilities under s. 1003.438.
1417	12.  The Commissioner of Education shall establish
1418	schedules for the administration of statewide assessments and
1419	the reporting of student test results. The commissioner shall,
1420	by August 1 of each year, notify each school district in writing
1421	and publish on the department's Internet website the testing and
1422	reporting schedules for, at a minimum, the school year following
1423	the upcoming school year. The testing and reporting schedules
1424	shall require that:
1425	a.  There is the latest possible administration of
1426	statewide assessments and the earliest possible reporting to the
1427	school districts of student test results which is feasible
1428	within available technology and specific appropriations;
1429	however, test results must be made available no later than the
1430	final day of the regular school year for students.
1431	b.  Beginning with the 2010-2011 school year, a
1432	comprehensive statewide assessment of writing is not
1433	administered earlier than the week of March 1 and a
1434	comprehensive statewide assessment of any other subject is not
1435	administered earlier than the week of April 15.
1436	c.  A statewide standardized end-of-course assessment is
1437	administered within the last 2 weeks of the course.
1438
1439	The commissioner may, based on collaboration and input from
1440	school districts, design and implement student testing programs,
1441	for any grade level and subject area, necessary to effectively
1442	monitor educational achievement in the state, including the
1443	measurement of educational achievement of the Sunshine State
1444	Standards for students with disabilities. Development and
1445	refinement of assessments shall include universal design
1446	principles and accessibility standards that will prevent any
1447	unintended obstacles for students with disabilities while
1448	ensuring the validity and reliability of the test. These
1449	principles should be applicable to all technology platforms and
1450	assistive devices available for the assessments. The field
1451	testing process and psychometric analyses for the statewide
1452	assessment program must include an appropriate percentage of
1453	students with disabilities and an evaluation or determination of
1454	the effect of test items on such students.
1455	Section 18.  Paragraphs (b) and (c) of subsection (3) of
1456	section 1008.34, Florida Statutes, are amended to read:
1457	1008.34  School grading system; school report cards;
1458	district grade.--
1459	(3)  DESIGNATION OF SCHOOL GRADES.--
1460	(b)1.  A school's grade shall be based on a combination of:
1461	a.  Student achievement scores, including achievement
1462	scores for students seeking a special diploma.
1463	b.  Student learning gains as measured by annual FCAT
1464	assessments in grades 3 through 10; learning gains for students
1465	seeking a special diploma, as measured by an alternate
1466	assessment tool, shall be included not later than the 2009-2010
1467	school year.
1468	c.  Improvement of the lowest 25th percentile of students
1469	in the school in reading, mathematics, or writing on the FCAT,
1470	unless these students are exhibiting satisfactory performance.
1471	2.  Beginning with the 2009-2010 school year for schools
1472	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1473	11, and 12, 50 percent of the school grade shall be based on a
1474	combination of the factors listed in sub-subparagraphs 1.a.-c.
1475	and the remaining 50 percent on the following factors:
1476	a.  The high school graduation rate of the school;
1477	b.  As valid data becomes available, the performance and
1478	participation of the school's students in College Board Advanced
1479	Placement courses, International Baccalaureate courses, dual
1480	enrollment courses, and Advanced International Certificate of
1481	Education courses; and the students' achievement of industry
1482	certification, as determined by the Agency for Workforce
1483	Innovation under s. 1003.492(2) in a career and professional
1484	academy, as described in s. 1003.493;
1485	c.  Postsecondary readiness of the school's students as
1486	measured by the SAT, ACT, or the common placement test;
1487	d.  The high school graduation rate of at-risk students who
1488	scored at Level 2 or lower on the grade 8 FCAT Reading and
1489	Mathematics examinations;
1490	e.  As valid data becomes available, the performance of the
1491	school's students on statewide standardized end-of-course
1492	assessments not required for high school graduation, which are
1493	administered under s. 1008.22; and
1494	f.  The growth or decline in the components listed in sub-
1495	subparagraphs a.-e. from year to year.
1496	(c)  Student assessment data used in determining school
1497	grades shall include:
1498	1.  The aggregate scores of all eligible students enrolled
1499	in the school who have been assessed on the FCAT and
1500	standardized end-of-course assessments required for high school
1501	graduation, including, beginning with the 2011-2012 school year,
1502	the end-of-course assessment in biology.
1503	2.  The aggregate scores of all eligible students enrolled
1504	in the school who have been assessed on the FCAT and who have
1505	scored at or in the lowest 25th percentile of students in the
1506	school in reading, mathematics, or writing, unless these
1507	students are exhibiting satisfactory performance.
1508	3.  Effective with the 2005-2006 school year, the
1509	achievement scores and learning gains of eligible students
1510	attending alternative schools that provide dropout prevention
1511	and academic intervention services pursuant to s. 1003.53. The
1512	term "eligible students" in this subparagraph does not include
1513	students attending an alternative school who are subject to
1514	district school board policies for expulsion for repeated or
1515	serious offenses, who are in dropout retrieval programs serving
1516	students who have officially been designated as dropouts, or who
1517	are in programs operated or contracted by the Department of
1518	Juvenile Justice. The student performance data for eligible
1519	students identified in this subparagraph shall be included in
1520	the calculation of the home school's grade. As used in this
1521	section and s. 1008.341, the term "home school" means the school
1522	to which the student would be assigned if the student were not
1523	assigned to an alternative school. If an alternative school
1524	chooses to be graded under this section, student performance
1525	data for eligible students identified in this subparagraph shall
1526	not be included in the home school's grade but shall be included
1527	only in the calculation of the alternative school's grade. A
1528	school district that fails to assign the FCAT scores of each of
1529	its students to his or her home school or to the alternative
1530	school that receives a grade shall forfeit Florida School
1531	Recognition Program funds for 1 fiscal year. School districts
1532	must require collaboration between the home school and the
1533	alternative school in order to promote student success. This
1534	collaboration must include an annual discussion between the
1535	principal of the alternative school and the principal of each
1536	student's home school concerning the most appropriate school
1537	assignment of the student.
1538	4.  Beginning with the 2009-2010 school year for schools
1539	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1540	11, and 12, the data listed in subparagraphs 1.-3. and the
1541	following data as the Department of Education determines such
1542	data are valid and available:
1543	a.  The high school graduation rate of the school as
1544	calculated by the Department of Education;
1545	b.  The participation rate of all eligible students
1546	enrolled in the school and enrolled in College Board Advanced
1547	Placement courses; International Baccalaureate courses; dual
1548	enrollment courses; Advanced International Certificate of
1549	Education courses; and courses or sequence of courses leading to
1550	industry certification, as determined by the Agency for
1551	Workforce Innovation under s. 1003.492(2) in a career and
1552	professional academy, as described in s. 1003.493;
1553	c.  The aggregate scores of all eligible students enrolled
1554	in the school in College Board Advanced Placement courses,
1555	International Baccalaureate courses, and Advanced International
1556	Certificate of Education courses;
1557	d.  Earning of college credit by all eligible students
1558	enrolled in the school in dual enrollment programs under s.
1559	1007.271;
1560	e.  Earning of an industry certification, as determined by
1561	the Agency for Workforce Innovation under s. 1003.492(2) in a
1562	career and professional academy, as described in s. 1003.493;
1563	f.  The aggregate scores of all eligible students enrolled
1564	in the school in reading, mathematics, and other subjects as
1565	measured by the SAT, the ACT, and the common placement test for
1566	postsecondary readiness;
1567	g.  The high school graduation rate of all eligible at-risk
1568	students enrolled in the school who scored at Level 2 or lower
1569	on the grade 8 FCAT Reading and Mathematics examinations;
1570	h.  The performance of the school's students on statewide
1571	standardized end-of-course assessments not required for high
1572	school graduation, which are administered under s. 1008.22; and
1573	i.  The growth or decline in the data components listed in
1574	sub-subparagraphs a.-h. from year to year.
1575
1576	The State Board of Education shall adopt appropriate criteria
1577	for each school grade. The criteria must also give added weight
1578	to student achievement in reading. Schools designated with a
1579	grade of "C," making satisfactory progress, shall be required to
1580	demonstrate that adequate progress has been made by students in
1581	the school who are in the lowest 25th percentile in reading,
1582	mathematics, or writing on the FCAT, unless these students are
1583	exhibiting satisfactory performance. Beginning with the 2009-
1584	2010 school year for schools comprised of high school grades 9,
1585	10, 11, and 12, or grades 10, 11, and 12, the criteria for
1586	school grades must also give added weight to the graduation rate
1587	of all eligible at-risk students, as defined in this paragraph.
1588	Beginning in the 2009-2010 school year, in order for a high
1589	school to be designated as having a grade of "A," making
1590	excellent progress, the school must demonstrate that at-risk
1591	students, as defined in this paragraph, in the school are making
1592	adequate progress.
1593	Section 19.  Effective July 1, 2010, section 1003.572,
1594	Florida Statutes, is created to read:
1595	1003.572  Gifted student education.--
1596	(1)  For students in grades K through 12, each district
1597	school board shall annually:
1598	(a)  Provide written notice to each student's parent of the
1599	eligibility criteria for gifted student classification and the
1600	procedures for requesting an evaluation of a student to
1601	determine his or her eligibility for such classification.
1602	(b)  Report to the department by school and grade level:
1603	1.  The number of students classified as gifted. Such
1604	reporting shall separately identify the number of students
1605	classified as gifted under generally applicable criteria set
1606	forth in State Board of Education rule and under a department-
1607	approved school district plan for increasing the participation
1608	of underrepresented groups.
1609	2.  The types of gifted student education services that it
1610	provides and the number of students receiving each service. Such
1611	reporting shall:
1612	a.  Separately identify gifted student education services
1613	that provide: direct instruction to a class consisting only of
1614	gifted students; differentiated instruction for gifted students
1615	within a class that also includes students who are not gifted;
1616	and noninstructional consultation services.
1617	b.  Indicate the number of hours per week that each service
1618	identified under sub-subparagraph a. is provided to each gifted
1619	student and whether the service is provided by a teacher who has
1620	received the gifted endorsement under State Board of Education
1621	rule.
1622	3.  Performance data for students receiving gifted student
1623	education services.
1624
1625	When reporting the number of students under this paragraph,
1626	district school boards shall classify students according to
1627	race, ethnicity, limited English proficient status, and free or
1628	reduced-price lunch eligibility status under the National School
1629	Lunch Act.
1630	(2)  The department shall develop data elements to
1631	facilitate district school board reporting under paragraph
1632	(1)(b).
1633	(3)  The State Board of Education shall adopt rules
1634	pursuant to ss. 120.536(1) and 120.54 to implement this section.
1635	Section 20.  Effective July 1, 2010, section 1003.573,
1636	Florida Statutes, is created to read:
1637	1003.573  Whole-grade and subject matter acceleration.--
1638	(1)  For students in grades K through 12, the department
1639	shall develop, and district school boards shall implement,
1640	statewide policies that set forth procedures and eligibility
1641	criteria for whole-grade and subject matter acceleration.
1642	(2)  Each district school board shall report annually to
1643	the department by school and grade level: the number of, and
1644	performance data for, students who were accelerated one or more
1645	whole grades; the types of subject matter acceleration programs
1646	offered; and the number of, and performance data for, students
1647	who participated in subject matter acceleration programs. When
1648	reporting the number of students, district school boards shall
1649	classify students according to race, ethnicity, limited English
1650	proficient status, and free or reduced-price lunch eligibility
1651	status under the National School Lunch Act.
1652	(3)  The department shall develop data elements to
1653	facilitate district school board reporting under subsection (2).
1654	(4)  The State Board of Education shall adopt rules
1655	pursuant to ss. 120.536(1) and 120.54 to implement this section.
1656	Section 21.  Effective July 1, 2010, paragraph (c) of
1657	subsection (3) of section 1004.04, Florida Statutes, is amended
1658	to read:
1659	1004.04  Public accountability and state approval for
1660	teacher preparation programs.--
1661	(3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system
1662	developed by the Department of Education in collaboration with
1663	postsecondary educational institutions shall assist departments
1664	and colleges of education in the restructuring of their programs
1665	in accordance with this section to meet the need for producing
1666	quality teachers now and in the future.
1667	(c)  State-approved teacher preparation programs must
1668	incorporate:
1669	1.  Appropriate English for Speakers of Other Languages
1670	instruction so that program graduates will have completed the
1671	requirements for teaching limited English proficient students in
1672	Florida public schools.
1673	2.  Scientifically researched, knowledge-based reading
1674	literacy and computational skills instruction so that program
1675	graduates will be able to provide the necessary academic
1676	foundations for their students at whatever grade levels they
1677	choose to teach.
1678	3.  Gifted student instruction so that program graduates
1679	will:
1680	a.  Be able to recognize the characteristics of gifted
1681	students.
1682	b.  Have knowledge of the eligibility criteria for gifted
1683	student classification and the procedures for referring a
1684	student for an evaluation to determine his or her eligibility
1685	for such classification.
1686	c.  Have knowledge of how to differentiate the general
1687	education curriculum for gifted students.
1688	Section 22.  Effective July 1, 2010, paragraph (e) of
1689	subsection (1) of section 1011.62, Florida Statutes, is amended
1690	to read:
1691	1011.62  Funds for operation of schools.--If the annual
1692	allocation from the Florida Education Finance Program to each
1693	district for operation of schools is not determined in the
1694	annual appropriations act or the substantive bill implementing
1695	the annual appropriations act, it shall be determined as
1696	follows:
1697	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1698	OPERATION.--The following procedure shall be followed in
1699	determining the annual allocation to each district for
1700	operation:
1701	(e)  Funding model for exceptional student education
1702	programs.--
1703	1.a.  The funding model uses basic, at-risk, support levels
1704	IV and V for exceptional students and career Florida Education
1705	Finance Program cost factors, and a guaranteed allocation for
1706	exceptional student education programs. Exceptional education
1707	cost factors are determined by using a matrix of services to
1708	document the services that each exceptional student will
1709	receive. The nature and intensity of the services indicated on
1710	the matrix shall be consistent with the services described in
1711	each exceptional student's individual educational plan.
1712	b.  In order to generate funds using one of the two
1713	weighted cost factors, a matrix of services must be completed at
1714	the time of the student's initial placement into an exceptional
1715	student education program and at least once every 3 years by
1716	personnel who have received approved training. Nothing listed in
1717	the matrix shall be construed as limiting the services a school
1718	district must provide in order to ensure that exceptional
1719	students are provided a free, appropriate public education.
1720	c.  Students identified as exceptional, in accordance with
1721	chapter 6A-6, Florida Administrative Code, who do not have a
1722	matrix of services as specified in sub-subparagraph b. shall
1723	generate funds on the basis of full-time-equivalent student
1724	membership in the Florida Education Finance Program at the same
1725	funding level per student as provided for basic students.
1726	Additional funds for these exceptional students will be provided
1727	through the guaranteed allocation designated in subparagraph 2.
1728	2.  For students identified as exceptional who do not have
1729	a matrix of services and students who are gifted in grades K
1730	through 8, there is created a guaranteed allocation to provide
1731	these students with a free appropriate public education, in
1732	accordance with s. 1001.42(4)(l)(m) and rules of the State Board
1733	of Education, which shall be allocated annually to each school
1734	district in the amount provided in the General Appropriations
1735	Act. These funds shall be in addition to the funds appropriated
1736	on the basis of FTE student membership in the Florida Education
1737	Finance Program, and the amount allocated for each school
1738	district shall not be recalculated during the year. These funds
1739	shall be used to provide special education and related services
1740	for exceptional students and students who are gifted in grades K
1741	through 8. Beginning with the 2007-2008 fiscal year, a
1742	district's expenditure of funds from the guaranteed allocation
1743	for students in grades 9 through 12 who are gifted may not be
1744	greater than the amount expended during the 2006-2007 fiscal
1745	year for gifted students in grades 9 through 12. Each district
1746	school board in its annual financial report to the department
1747	shall separately identify the following amounts expended from
1748	the guaranteed allocation:
1749	a.  The amount expended for students identified as
1750	exceptional who do not have a matrix of services.
1751	b.  The amount expended for gifted students in grades K
1752	through 12 according to grade level.
1753	Section 23.  Gifted and Academically Talented Student Task
1754	Force.--
1755	(1)  There is created the Gifted and Academically Talented
1756	Student Task Force. The task force is composed of the following
1757	seven members:
1758	(a)  The chair of the State Board of Education or his or
1759	her designee, who shall serve as chair.
1760	(b)  The Commissioner of Education or his or her designee,
1761	who shall serve as vice chair.
1762	(c)  Four members who collectively have experience in
1763	gifted and academically talented student screening,
1764	identification, and education, one of whom shall be appointed by
1765	the Governor, one of whom shall be appointed by the President of
1766	the Senate, one of whom shall be appointed by the Speaker of the
1767	House of Representatives, and one of whom shall be appointed by
1768	the chair of the State Board of Education.
1769	(d)  One member who represents an advocacy group for
1770	parents of gifted children who shall be appointed by the
1771	Governor.
1772	(2)  The members of the task force shall be appointed by
1773	October 1, 2009, and shall convene the initial meeting of the
1774	task force by November 1, 2009.
1775	(3)  The task force is assigned to the Department of
1776	Education for administrative purposes. Members of the task force
1777	shall serve without compensation and are not entitled to receive
1778	reimbursement for per diem and travel expenses under s. 112.061.
1779	Meetings may be held via teleconference or other electronic
1780	means. Members of the task force are subject to the Code of
1781	Ethics for Public Officers and Employees under part III of
1782	chapter 112, Florida Statutes.
1783	(4)  By February 1, 2010, the task force shall submit a
1784	report to the Governor, the President of the Senate, and the
1785	Speaker of the House of Representatives that includes, but is
1786	not limited to, recommendations, based upon peer-reviewed
1787	research and the members' collective expertise, for the
1788	following:
1789	(a)  Revisions to statute and rule governing eligibility
1790	criteria for gifted student classification generally and in
1791	underrepresented groups.
1792	(b)  Eligibility criteria for academically talented student
1793	classification. Such criteria shall identify students who are
1794	not classified as gifted but who possess high achievement
1795	capability in one or more academic subject areas and who would
1796	benefit from participation in accelerated or differentiated
1797	curricula learning opportunities.
1798	(c)  Annual screening procedures for the determination of
1799	students who should be further evaluated for identification as
1800	gifted or academically talented students. These procedures, at a
1801	minimum, shall identify:
1802	1.  The most appropriate grade or grades within each of the
1803	elementary, middle, and high school levels to administer such
1804	screenings for all students.
1805	2.  One or more recommended screening instruments.
1806	(d)  Model gifted and academically talented student
1807	education programs. The programs must include, but are not
1808	limited to:
1809	1.  Classroom-based, school-based, and district-based
1810	implementation options.
1811	2.  Subject matter acceleration opportunities,
1812	differentiated curricula that address the exceptional learning
1813	needs of gifted and academically talented students, and
1814	enrichment activities that extend learning opportunities
1815	available in the classroom.
1816	(e)  Procedures for annually evaluating the effectiveness
1817	of model gifted and academically talented student education
1818	programs.
1819	(f)  Procedures for evaluating students participating in
1820	gifted or academically talented student education programs to
1821	determine student performance and whether the students are
1822	benefiting from, and continue to be eligible to participate in,
1823	the programs.
1824	(5)  Upon delivery of its final report and recommendations,
1825	the task force is abolished.
1826	Section 24.  Except as otherwise expressly provided in this
1827	act, this act shall take effect July 1, 2009.
1828
1829

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