Florida Senate - 2010 CS for SB 4
By the Committee on Education Pre-K - 12; and Senators Detert,
Thrasher, Wise, Gaetz, Richter, Storms, Peaden, Fasano, Negron,
and Altman
581-02791-10 20104c1
1 A bill to be entitled
2 An act relating to education accountability; amending
3 s. 1003.413, F.S., relating to secondary school
4 redesign, to delete obsolete provisions and to conform
5 to changes made by the act; amending s. 1003.4156,
6 F.S.; revising requirements for middle grades
7 promotion; providing that successful completion of a
8 high school level Algebra I, geometry, or Biology I
9 course is not contingent upon a student’s performance
10 on the end-of-course assessment; requiring a student
11 to pass the end-of-course assessment to earn high
12 school credit for such courses; specifying information
13 that must be provided to students as part of the
14 personalized academic and career plan; amending s.
15 1003.428, F.S.; revising requirements for high school
16 graduation; requiring students entering grade 9 in
17 specified school years to meet end-of-course
18 assessment requirements and revised credit
19 requirements in mathematics and science for high
20 school graduation; requiring credit in a virtual
21 instruction course; providing a definition for the
22 term “virtual instruction course”; requiring district
23 school board standards for grades in certain courses;
24 providing for waiver of end-of-course assessment
25 results for the purpose of receiving a course grade
26 and credit for students with disabilities; amending s.
27 1003.429, F.S.; revising requirements for accelerated
28 high school graduation options; updating cross
29 references; requiring students entering grade 9 in
30 specified school years to meet end-of-course
31 assessment requirements and revised credit
32 requirements in mathematics and science for high
33 school graduation; requiring credit in a virtual
34 instruction course; providing a definition for the
35 term “virtual instruction course”; requiring district
36 school board standards for grades in certain courses;
37 creating s. 1003.4295, F.S.; requiring high schools to
38 advise students of, and offer, acceleration courses;
39 creating the Credit Acceleration Program; amending s.
40 1003.493, F.S., relating to career and professional
41 academies, to conform to changes made by the act;
42 amending s. 1007.35, F.S., relating to the Florida
43 Partnership for Minority and Underrepresented Student
44 Achievement, to conform to changes made by the act;
45 amending s. 1008.22, F.S.; revising the statewide
46 student achievement testing program; requiring end-of
47 course assessments in mathematics and science to
48 replace FCAT Mathematics and FCAT Science beginning
49 with students entering grade 9 in specified school
50 years; providing requirements for the administration
51 of, and student performance on, statewide,
52 standardized end-of-course assessments in mathematics
53 and science; providing for establishment of an
54 implementation schedule to develop and administer end
55 of-course assessments in certain courses; requiring
56 evaluation and reporting of the transition to
57 specified end-of-course assessments; requiring the use
58 of scaled scores and student achievement levels for
59 describing student success on assessments; requiring
60 the State Board of Education to designate passing
61 scores for end-of-course assessments and scores that
62 indicate high achievement; providing requirements for
63 retaking specified assessments; providing for waiver
64 of end-of-course assessment requirements for students
65 in exceptional education programs and students who
66 have limited English proficiency; revising provisions
67 relating to testing and reporting schedules; requiring
68 that the Commissioner of Education consider the
69 observance of religious and school holidays when
70 establishing the schedules for the administration of
71 statewide assessments; conforming provisions and
72 cross-references; authorizing the State Board of
73 Education to adopt concordant scores for the FCAT and
74 equivalent scores for end-of-course assessments;
75 deleting retake requirements for use of concordant
76 scores; providing requirements for use of equivalent
77 scores; amending s. 1008.25, F.S., relating to public
78 school student progression, to conform to changes made
79 by the act; amending s. 1008.30, F.S., relating to the
80 common placement test, to conform to changes made by
81 the act; amending s. 1008.34, F.S.; revising
82 provisions that specify the basis for determining
83 school grades to include student performance on end
84 of-course assessments and to conform provisions to
85 current FCAT assessments; amending s. 1008.341, F.S.;
86 revising provisions that specify the basis for
87 determining an alternative school’s school improvement
88 rating to include student performance on end-of-course
89 assessments; amending s. 1008.36, F.S.; revising
90 provisions relating to the use of school recognition
91 awards; providing an effective date.
92
93 Be It Enacted by the Legislature of the State of Florida:
94
95 Section 1. Paragraph (d) of subsection (3) and subsections
96 (4) and (5) of section 1003.413, Florida Statutes, are amended
97 to read:
98 1003.413 Florida Secondary School Redesign Act.—
99 (3) Based on these guiding principles, district school
100 boards shall establish policies to implement the requirements of
101 ss. 1003.4156, 1003.428, and 1003.493. The policies must
102 address:
103 (d) Credit recovery courses and intensive reading and
104 mathematics intervention courses based on student performance on
105 the FCAT Reading and Mathematics. These courses should be
106 competency based and offered through innovative delivery
107 systems, including computer-assisted instruction. School
108 districts should use learning gains as well as other appropriate
109 data and provide incentives to identify and reward high
110 performing teachers who teach credit recovery and intensive
111 intervention courses.
112 (4) In order to support the successful implementation of
113 this section by district school boards, the Department of
114 Education shall:
115 (a) By February 1, 2007, increase the number of approved
116 applied, integrated, and combined courses available to school
117 districts.
118 (b) By the beginning of the 2006-2007 school year, make
119 available a professional development package designed to provide
120 the information that content area teachers need to become
121 proficient in applying scientifically based reading strategies
122 through their content areas.
123 (a)(c) Share best practices for providing a complete
124 education program to students enrolled in course recovery,
125 credit recovery, intensive reading intervention, or intensive
126 mathematics intervention.
127 (b)(d) Expedite assistance and decisions and coordinate
128 policies throughout all divisions within the department to
129 provide school districts with support to implement this section.
130 (e) Use data to provide the Legislature with an annual
131 longitudinal analysis of the success of this reform effort,
132 including the progress of 6th grade students and 9th grade
133 students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
134 (5) The Commissioner of Education shall create and
135 implement the Secondary School Improvement Award Program to
136 reward public secondary schools that demonstrate continuous
137 student academic improvement and show the greatest gains in
138 student academic achievement in reading and mathematics.
139 Section 2. Paragraph (a) of subsection (1) of section
140 1003.4156, Florida Statutes, is amended to read:
141 1003.4156 General requirements for middle grades
142 promotion.—
143 (1) Beginning with students entering grade 6 in the 2006
144 2007 school year, promotion from a school composed of middle
145 grades 6, 7, and 8 requires that:
146 (a) The student must successfully complete academic courses
147 as follows:
148 1. Three middle school or higher courses in English. These
149 courses shall emphasize literature, composition, and technical
150 text.
151 2. Three middle school or higher courses in mathematics.
152 Each middle school must offer at least one high school level
153 mathematics course for which students may earn high school
154 credit. Successful completion of a high school level Algebra I
155 or geometry course is not contingent upon the student’s
156 performance on the end-of-course assessment required under s.
157 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
158 school year, to earn high school credit for an Algebra I course,
159 a middle school student must pass the Algebra I end-of-course
160 assessment, and beginning with the 2012-2013 school year, to
161 earn high school credit for a geometry course, a middle school
162 student must pass the geometry end-of-course assessment.
163 3. Three middle school or higher courses in social studies,
164 one semester of which must include the study of state and
165 federal government and civics education.
166 4. Three middle school or higher courses in science.
167 Successful completion of a high school level Biology I course is
168 not contingent upon the student’s performance on the end-of
169 course assessment required under s. 1008.22(3)(c)2.a.(II).
170 However, beginning with the 2012-2013 school year, to earn high
171 school credit for a Biology I course, a middle school student
172 must pass the Biology I end-of-course assessment.
173 5. One course in career and education planning to be
174 completed in 7th or 8th grade. The course may be taught by any
175 member of the instructional staff; must include career
176 exploration using Florida CHOICES for the 21st Century or a
177 comparable cost-effective program; must include educational
178 planning using the online student advising system known as
179 Florida Academic Counseling and Tracking for Students at the
180 Internet website FACTS.org; and shall result in the completion
181 of a personalized academic and career plan. The required
182 personalized academic and career plan must inform students of
183 high school graduation requirements, high school assessment and
184 college entrance test requirements, Florida Bright Futures
185 Scholarship Program requirements, state university and Florida
186 college admission requirements, and programs through which a
187 high school student can earn college credit, including Advanced
188 Placement, International Baccalaureate, Advanced International
189 Certificate of Education, dual enrollment, career academy
190 opportunities, and courses that lead to national industry
191 certification.
192
193 Each school must hold a parent meeting either in the evening or
194 on a weekend to inform parents about the course curriculum and
195 activities. Each student shall complete an electronic personal
196 education plan that must be signed by the student; the student’s
197 instructor, guidance counselor, or academic advisor; and the
198 student’s parent. By January 1, 2007, The Department of
199 Education shall develop course frameworks and professional
200 development materials for the career exploration and education
201 planning course. The course may be implemented as a stand-alone
202 course or integrated into another course or courses. The
203 Commissioner of Education shall collect longitudinal high school
204 course enrollment data by student ethnicity in order to analyze
205 course-taking patterns.
206 Section 3. Subsections (1) and (2), paragraph (a) of
207 subsection (4), and paragraph (b) of subsection (8) of section
208 1003.428, Florida Statutes, are amended to read:
209 1003.428 General requirements for high school graduation;
210 revised.—
211 (1) Except as otherwise authorized pursuant to s. 1003.429,
212 beginning with students entering grade 9 their first year of
213 high school in the 2007-2008 school year, graduation requires
214 the successful completion of a minimum of 24 credits, an
215 International Baccalaureate curriculum, or an Advanced
216 International Certificate of Education curriculum. Students must
217 be advised of eligibility requirements for state scholarship
218 programs and postsecondary admissions.
219 (2) The 24 credits may be earned through applied,
220 integrated, and combined courses approved by the Department of
221 Education. Beginning with students entering grade 9 in the 2013
222 2014 school year, one of the 24 credits must be earned through a
223 virtual instruction course. For purposes of this subsection, the
224 term “virtual instruction course” means a course of instruction
225 provided in an interactive learning environment created through
226 technology in which students are separated from their teachers
227 by time or space. This requirement shall be met through a
228 virtual instruction course that significantly integrates content
229 aligned to appropriate state curriculum standards, as determined
230 by the Department of Education, and for which a standardized
231 end-of-course assessment, as approved by the department, is
232 administered. A student who is enrolled in a full-time virtual
233 instruction program under s. 1002.45 meets this requirement. The
234 24 credits and shall be distributed as follows:
235 (a) Sixteen core curriculum credits:
236 1. Four credits in English, with major concentration in
237 composition, reading for information, and literature.
238 2. Four credits in mathematics, one of which must be
239 Algebra I, a series of courses equivalent to Algebra I, or a
240 higher-level mathematics course. Beginning with students
241 entering grade 9 in the 2010-2011 school year, in addition to
242 the Algebra I credit requirement, one of the four credits in
243 mathematics must be geometry or a series of courses equivalent
244 to geometry as approved by the State Board of Education.
245 Beginning with students entering grade 9 in the 2010-2011 school
246 year, the end-of-course assessment requirements under s.
247 1008.22(3)(c)2.a.(I) must be met in order for a student to earn
248 a passing grade for the course and receive the required credit
249 in Algebra I. Beginning with students entering grade 9 in the
250 2011-2012 school year, the end-of-course assessment requirements
251 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
252 to earn a passing grade for the course and receive the required
253 credit in geometry. Beginning with students entering grade 9 in
254 the 2012-2013 school year, in addition to the Algebra I and
255 geometry credit requirements, one of the four credits in
256 mathematics must be Algebra II or a series of courses equivalent
257 to Algebra II as approved by the State Board of Education.
258 Beginning with students entering grade 9 in the 2013-2014 school
259 year, the end-of-course requirements under s.
260 1008.22(3)(c)2.a.(I) must be met in order for a student to earn
261 the required credit in Algebra II. School districts are
262 encouraged to set specific goals to increase enrollments in, and
263 successful completion of, geometry and Algebra II.
264 3. Three credits in science, two of which must have a
265 laboratory component. Beginning with students entering grade 9
266 in the 2011-2012 school year, one of the three credits in
267 science must be Biology I or a series of courses equivalent to
268 Biology I as approved by the State Board of Education. Beginning
269 with students entering grade 9 in the 2011-2012 school year, the
270 end-of-course assessment requirements under s.
271 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
272 the required credit in Biology I. Beginning with students
273 entering grade 9 in the 2013-2014 school year, one of the three
274 credits must be Biology I or a series of courses equivalent to
275 Biology I as approved by the State Board of Education, one
276 credit must be chemistry or physics or a series of courses
277 equivalent to chemistry or physics as approved by the State
278 Board of Education, and one credit must be an equally rigorous
279 course, as determined by the State Board of Education. Beginning
280 with students entering grade 9 in the 2014-2015 school year, the
281 end-of-course requirements under s. 1008.22(3)(c)2.a.(I) must be
282 met in order for a student to earn the required credit in
283 chemistry or physics.
284 4. Three credits in social studies as follows: one credit
285 in United States American history; one credit in world history;
286 one-half credit in economics; and one-half credit in United
287 States American government.
288 5. One credit in fine or performing arts, speech and
289 debate, or a practical arts course that incorporates artistic
290 content and techniques of creativity, interpretation, and
291 imagination. Eligible practical arts courses shall be identified
292 through the Course Code Directory.
293 6. One credit in physical education to include integration
294 of health. Participation in an interscholastic sport at the
295 junior varsity or varsity level for two full seasons shall
296 satisfy the one-credit requirement in physical education if the
297 student passes a competency test on personal fitness with a
298 score of “C” or better. The competency test on personal fitness
299 must be developed by the Department of Education. A district
300 school board may not require that the one credit in physical
301 education be taken during the 9th grade year. Completion of one
302 semester with a grade of “C” or better in a marching band class,
303 in a physical activity class that requires participation in
304 marching band activities as an extracurricular activity, or in a
305 dance class shall satisfy one-half credit in physical education
306 or one-half credit in performing arts. This credit may not be
307 used to satisfy the personal fitness requirement or the
308 requirement for adaptive physical education under an individual
309 education plan (IEP) or 504 plan. Completion of 2 years in a
310 Reserve Officer Training Corps (R.O.T.C.) class, a significant
311 component of which is drills, shall satisfy the one-credit
312 requirement in physical education and the one-credit requirement
313 in performing arts. This credit may not be used to satisfy the
314 personal fitness requirement or the requirement for adaptive
315 physical education under an individual education plan (IEP) or
316 504 plan.
317 (b) Eight credits in majors, minors, or electives.:
318 1. Four credits in a major area of interest, such as
319 sequential courses in a career and technical program, fine and
320 performing arts, or academic content area, selected by the
321 student as part of the education plan required by s. 1003.4156.
322 Students may revise major areas of interest each year as part of
323 annual course registration processes and should update their
324 education plan to reflect such revisions. Annually by October 1,
325 the district school board shall approve major areas of interest
326 and submit the list of majors to the Commissioner of Education
327 for approval. Each major area of interest shall be deemed
328 approved unless specifically rejected by the commissioner within
329 60 days. Upon approval, each district’s major areas of interest
330 shall be available for use by all school districts and shall be
331 posted on the department’s website.
332 2. Four credits in elective courses selected by the student
333 as part of the education plan required by s. 1003.4156. These
334 credits may be combined to allow for a second major area of
335 interest pursuant to subparagraph 1., a minor area of interest,
336 elective courses, or intensive reading or mathematics
337 intervention courses as described in this subparagraph.
338 a. Minor areas of interest are composed of three credits
339 selected by the student as part of the education plan required
340 by s. 1003.4156 and approved by the district school board.
341 b. Elective courses are selected by the student in order to
342 pursue a complete education program as described in s.
343 1001.41(3) and to meet eligibility requirements for
344 scholarships.
345 1.c. For each year in which a student scores at Level l on
346 FCAT Reading, the student must be enrolled in and complete an
347 intensive reading course the following year. Placement of Level
348 2 readers in either an intensive reading course or a content
349 area course in which reading strategies are delivered shall be
350 determined by diagnosis of reading needs. The department shall
351 provide guidance on appropriate strategies for diagnosing and
352 meeting the varying instructional needs of students reading
353 below grade level. Reading courses shall be designed and offered
354 pursuant to the comprehensive reading plan required by s.
355 1011.62(9).
356 2.d. For each year in which a student scores at Level 1 or
357 Level 2 on FCAT Mathematics, the student must receive
358 remediation the following year. These courses may be taught
359 through applied, integrated, or combined courses and are subject
360 to approval by the department for inclusion in the Course Code
361 Directory.
362 (4) Each district school board shall establish standards
363 for graduation from its schools, which must include:
364 (a) Successful completion of the academic credit or
365 curriculum requirements of subsections (1) and (2). For courses
366 that require statewide, standardized end–of-course assessments
367 under s. 1008.22 and standardized end-of-course assessments
368 under s. 1008.222, passage of the end-of-course assessment.
369
370 Each district school board shall adopt policies designed to
371 assist students in meeting the requirements of this subsection.
372 These policies may include, but are not limited to: forgiveness
373 policies, summer school or before or after school attendance,
374 special counseling, volunteers or peer tutors, school-sponsored
375 help sessions, homework hotlines, and study skills classes.
376 Forgiveness policies for required courses shall be limited to
377 replacing a grade of “D” or “F,” or the equivalent of a grade of
378 “D” or “F,” with a grade of “C” or higher, or the equivalent of
379 a grade of “C” or higher, earned subsequently in the same or
380 comparable course. Forgiveness policies for elective courses
381 shall be limited to replacing a grade of “D” or “F,” or the
382 equivalent of a grade of “D” or “F,” with a grade of “C” or
383 higher, or the equivalent of a grade of “C” or higher, earned
384 subsequently in another course. The only exception to these
385 forgiveness policies shall be made for a student in the middle
386 grades who takes any high school course for high school credit
387 and earns a grade of “C,” “D,” or “F” or the equivalent of a
388 grade of “C,” “D,” or “F.” In such case, the district
389 forgiveness policy must allow the replacement of the grade with
390 a grade of “C” or higher, or the equivalent of a grade of “C” or
391 higher, earned subsequently in the same or comparable course. In
392 all cases of grade forgiveness, only the new grade shall be used
393 in the calculation of the student’s grade point average. Any
394 course grade not replaced according to a district school board
395 forgiveness policy shall be included in the calculation of the
396 cumulative grade point average required for graduation.
397 (8)
398 (b)1. A student with a disability, as defined in s.
399 1007.02(2), for whom the individual education plan (IEP)
400 committee determines that the FCAT cannot accurately measure the
401 student’s abilities taking into consideration all allowable
402 accommodations, shall have the FCAT requirement of paragraph
403 (4)(b) waived for the purpose of receiving a standard high
404 school diploma, if the student:
405 a.1. Completes the minimum number of credits and other
406 requirements prescribed by subsections (1), (2), and (3).
407 b.2. Does not meet the requirements of paragraph (4)(b)
408 after one opportunity in 10th grade and one opportunity in 11th
409 grade.
410 2. A student with a disability, as defined in s.
411 1007.02(2), for whom the IEP committee determines that an end
412 of-course assessment cannot accurately measure the student’s
413 abilities, taking into consideration all allowable
414 accommodations and alternate assessments, shall have the end-of
415 course assessment results waived for the purpose of determining
416 the student′s course grade and credit as required in paragraph
417 (4)(a). However, the student is not eligible for a standard high
418 school diploma. The student is eligible for a special diploma.
419 Section 4. Subsections (1) and (5), paragraph (c) of
420 subsection (7), and subsection (8) of section 1003.429, Florida
421 Statutes, are amended to read:
422 1003.429 Accelerated high school graduation options.—
423 (1) Students who enter grade 9 in the 2006-2007 school year
424 and thereafter may select, upon receipt of each consent required
425 by this section, one of the following three high school
426 graduation options:
427 (a) Completion of the general requirements for high school
428 graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
429 (b) Completion of a 3-year standard college preparatory
430 program requiring successful completion of a minimum of 18
431 academic credits in grades 9 through 12. At least 6 of the 18
432 credits required for completion of this program must be received
433 in classes that are offered pursuant to the International
434 Baccalaureate Program, the Advanced Placement Program, dual
435 enrollment, Advanced International Certificate of Education, or
436 specifically listed or identified by the Department of Education
437 as rigorous pursuant to s. 1009.531(3). Beginning with students
438 entering grade 9 in the 2013-2014 school year, one of the 18
439 credits must be earned through a virtual instruction course. For
440 purposes of this paragraph, the term “virtual instruction
441 course” means a course of instruction provided in an interactive
442 learning environment created through technology in which
443 students are separated from their teachers by time or space.
444 This requirement shall be met through a virtual instruction
445 course that significantly integrates content aligned to
446 appropriate state curriculum standards, as determined by the
447 Department of Education, and for which a standardized end-of
448 course assessment, as approved by the department, is
449 administered. A student who is enrolled in a full-time virtual
450 instruction program under s. 1002.45 meets this requirement. The
451 18 credits required for completion of this program shall be
452 primary requirements and shall be distributed as follows:
453 1. Four credits in English, with major concentration in
454 composition and literature;
455 2. Three credits and, beginning with students entering
456 grade 9 in the 2010-2011 school year, four credits in
457 mathematics at the Algebra I level or higher from the list of
458 courses that qualify for state university admission. Beginning
459 with students entering grade 9 in the 2010-2011 school year, in
460 addition to the Algebra I credit requirement, one of the four
461 credits in mathematics must be geometry or a series of courses
462 equivalent to geometry as approved by the State Board of
463 Education. Beginning with students entering grade 9 in the 2010
464 2011 school year, the end-of-course assessment requirements
465 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
466 to earn a passing grade for the course and receive the required
467 credit in Algebra I. Beginning with students entering grade 9 in
468 the 2011-2012 school year, the end-of-course assessment
469 requirements under s. 1008.22(3)(c)2.a.(I) must be met in order
470 for a student to earn a passing grade for the course and receive
471 the required credit in geometry. Beginning with students
472 entering grade 9 in the 2012-2013 school year, in addition to
473 the Algebra I and geometry credit requirements, one of the four
474 credits in mathematics must be Algebra II or a series of courses
475 equivalent to Algebra II as approved by the State Board of
476 Education. Beginning with students entering grade 9 in the 2013
477 2014 school year, the end-of-course assessment requirements
478 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
479 to earn the required credits in Algebra II;
480 3. Three credits in natural science, two of which must have
481 a laboratory component. Beginning with students entering grade 9
482 in the 2011-2012 school year, one of the three credits in
483 science must be Biology I or a series of courses equivalent to
484 Biology I as approved by the State Board of Education. Beginning
485 with students entering grade 9 in the 2011-2012 school year, the
486 end-of-course assessment requirements under s.
487 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
488 the required credit in Biology I. Beginning with students
489 entering grade 9 in the 2013-2014 school year, one of the three
490 credits must be Biology I or a series of courses equivalent to
491 Biology I as approved by the State Board of Education, one
492 credit must be chemistry or physics or a series of courses
493 equivalent to chemistry or physics as approved by the State
494 Board of Education, and one credit must be an equally rigorous
495 course, as approved by the State Board of Education. Beginning
496 with students entering grade 9 in the 2013-2014 school year, the
497 end-of-course assessment requirements under s.
498 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
499 the required credit in chemistry or physics;
500 4. Three credits in social sciences, which must include one
501 credit in United States American history, one credit in world
502 history, one-half credit in United States American government,
503 and one-half credit in economics;
504 5. Two credits in the same second language unless the
505 student is a native speaker of or can otherwise demonstrate
506 competency in a language other than English. If the student
507 demonstrates competency in another language, the student may
508 replace the language requirement with two credits in other
509 academic courses; and
510 6. Three credits in electives and, beginning with students
511 entering grade 9 in the 2010-2011 school year, two credits in
512 electives; or
513 (c) Completion of a 3-year career preparatory program
514 requiring successful completion of a minimum of 18 academic
515 credits in grades 9 through 12. Beginning with students entering
516 grade 9 in the 2013-2014 school year, one of the 18 credits must
517 be earned through a virtual instruction course. For purposes of
518 this paragraph, the term “virtual instruction course” means a
519 course of instruction provided in an interactive learning
520 environment created through technology in which students are
521 separated from their teachers by time or space. This requirement
522 shall be met through a virtual instruction course that
523 significantly integrates content aligned to appropriate state
524 curriculum standards, as determined by the Department of
525 Education, and for which a standardized end-of-course
526 assessment, as approved by the department, is administered. A
527 student who is enrolled in a full-time virtual instruction
528 program under s. 1002.45 meets this requirement. The 18 credits
529 shall be primary requirements and shall be distributed as
530 follows:
531 1. Four credits in English, with major concentration in
532 composition and literature;
533 2. Three credits and, beginning with students entering
534 grade 9 in the 2010-2011 school year, four credits in
535 mathematics, one of which must be Algebra I. Beginning with
536 students entering grade 9 in the 2010-2011 school year, in
537 addition to the Algebra I credit requirement, one of the four
538 credits in mathematics must be geometry or a series of courses
539 equivalent to geometry as approved by the State Board of
540 Education. Beginning with students entering grade 9 in the 2010
541 2011 school year, the end-of-course assessment requirements
542 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
543 to earn a passing grade for the course and receive the required
544 credit in Algebra I. Beginning with students entering grade 9 in
545 the 2011-2012 school year, the end-of-course assessment
546 requirements under s. 1008.22(3)(c)2.a.(I) must be met in order
547 for a student to earn a passing grade for the course and receive
548 the required credit in geometry. Beginning with students
549 entering grade 9 in the 2012-2013 school year, in addition to
550 the Algebra I and geometry credit requirements, one of the four
551 credits in mathematics must be Algebra II or a series of courses
552 equivalent to Algebra II as approved by the State Board of
553 Education. Beginning with students entering grade 9 in the 2013
554 2014 school year, the end-of-course assessment requirements
555 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
556 to earn the required credits in Algebra II;
557 3. Three credits in natural science, two of which must have
558 a laboratory component. Beginning with students entering grade 9
559 in the 2011-2012 school year, one of the three credits in
560 science must be Biology I or a series of courses equivalent to
561 Biology I as approved by the State Board of Education. Beginning
562 with students entering grade 9 in the 2011-2012 school year, the
563 end-of-course assessment requirements under s.
564 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
565 the required credit in Biology I. Beginning with students
566 entering grade 9 in the 2013-2014 school year, one of the three
567 credits must be Biology I or a series of courses equivalent to
568 Biology I as approved by the State Board of Education, one
569 credit must be chemistry or physics or a series of courses
570 equivalent to chemistry or physics as approved by the State
571 Board of Education, and one credit must be an equally rigorous
572 course, as approved by the State Board of Education. Beginning
573 with students entering grade 9 in the 2013-2014 school year, the
574 end-of-course assessment requirements under s.
575 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
576 the required credit in chemistry or physics;
577 4. Three credits in social sciences, which must include one
578 credit in United States American history, one credit in world
579 history, one-half credit in United States American government,
580 and one-half credit in economics;
581 5. Three credits in a single vocational or career education
582 program, three credits in career and technical certificate dual
583 enrollment courses, or five credits in vocational or career
584 education courses; and
585 6. Two credits and, beginning with students entering grade
586 9 in the 2010-2011 school year, one credit in electives unless
587 five credits are earned pursuant to subparagraph 5.
588
589 Any student who selected an accelerated graduation program
590 before July 1, 2004, may continue that program, and all
591 statutory program requirements that were applicable when the
592 student made the program choice shall remain applicable to the
593 student as long as the student continues that program.
594 (5) District school boards may not establish requirements
595 for accelerated 3-year high school graduation options in excess
596 of the requirements in paragraphs (1)(b) and (c). For courses
597 that require statewide, standardized end–of-course assessments
598 under s. 1008.22 and standardized end-of-course assessments
599 under s. 1008.222, passage of the end-of-course assessment.
600 Students enrolled in the accelerated high school graduation
601 option are eligible to participate in the Credit Acceleration
602 Program pursuant to s. 1003.4295(3).
603 (7) If, at the end of grade 10, a student is not on track
604 to meet the credit, assessment, or grade-point-average
605 requirements of the accelerated graduation option selected, the
606 school shall notify the student and parent of the following:
607 (c) The right of the student to change to the 4-year
608 program set forth in s. 1003.428 or s. 1003.43, as applicable.
609 (8) A student who selected one of the accelerated 3-year
610 graduation options shall automatically move to the 4-year
611 program set forth in s. 1003.428 or s. 1003.43, if applicable,
612 if the student:
613 (a) Exercises his or her right to change to the 4-year
614 program;
615 (b) Fails to earn 5 credits by the end of grade 9 or fails
616 to earn 11 credits by the end of grade 10;
617 (c) Does not achieve a score of 3 or higher on the grade 10
618 FCAT Writing assessment; or
619 (d) By the end of grade 11 does not meet the requirements
620 of subsections (1) and (6).
621 Section 5. Section 1003.4295, Florida Statutes, is created
622 to read:
623 1003.4295 Acceleration courses.—
624 (1) Each high school shall advise each student of programs
625 through which a high school student can earn college credit,
626 including Advanced Placement, International Baccalaureate,
627 Advanced International Certificate of Education, dual enrollment
628 courses, career academy courses, and courses that lead to
629 national industry certification, as well as the availability of
630 course offerings through virtual instruction.
631 (2) Beginning with the 2011-2012 school year, each high
632 school shall offer an International Baccalaureate Program, an
633 Advanced International Certificate of Education Program, or a
634 combination of at least four courses in dual enrollment or
635 Advanced Placement, including one course each in English,
636 mathematics, science, and social studies. To meet this
637 requirement, school districts may provide courses through
638 virtual instruction, if the virtual course significantly
639 integrates postsecondary level content for which a student may
640 earn college credit, as determined by the Department of
641 Education, and for which a standardized end-of-course
642 assessment, as approved by the department, is administered.
643 (3) The Credit Acceleration Program (CAP) is created for
644 the purpose of allowing a secondary student to earn high school
645 credit in a course that requires a statewide, standardized end
646 of-course assessment under s. 1008.22(3)(c) or a standardized
647 end-of-course assessment under s. 1008.222, if the student
648 attains a specified score on the assessment. Notwithstanding s.
649 1003.436, a school district shall award course credit to a
650 student who is not enrolled in the course, or who has not
651 completed the course, if the student attains a score indicating
652 satisfactory performance, as defined in s. 1008.22(3)(c)5., on
653 the corresponding standardized end-of-course assessment. The
654 school district shall permit a student who is not enrolled in
655 the course, or who has not completed the course, to take the
656 standardized end-of-course assessment during the regular
657 administration of the assessment.
658 Section 6. Paragraph (k) of subsection (4) of section
659 1003.493, Florida Statutes, is amended to read:
660 1003.493 Career and professional academies.—
661 (4) Each career and professional academy must:
662 (k) Include an evaluation plan developed jointly with the
663 Department of Education and the local workforce board. The
664 evaluation plan must include an assessment tool based on
665 national industry standards, such as the Career Academy National
666 Standards of Practice, and outcome measures, including, but not
667 limited to, achievement of national industry certifications
668 identified in the Industry Certified Funding List, pursuant to
669 rules adopted by the State Board of Education, graduation rates,
670 enrollment in postsecondary education, business and industry
671 satisfaction, employment and earnings, awards of postsecondary
672 credit and scholarships, and student FCAT achievement levels and
673 learning gains on statewide assessments administered under s.
674 1008.22(3)(c) and standardized assessments administered under s.
675 1008.222. The Department of Education shall use Workforce
676 Florida, Inc., and Enterprise Florida, Inc., in identifying
677 industry experts to participate in developing and implementing
678 such assessments.
679 Section 7. Paragraph (c) of subsection (6) of section
680 1007.35, Florida Statutes, is amended to read:
681 1007.35 Florida Partnership for Minority and
682 Underrepresented Student Achievement.—
683 (6) The partnership shall:
684 (c) Provide teacher training and materials that are aligned
685 with the Next Generation Sunshine State Standards and are
686 consistent with best theory and practice regarding multiple
687 learning styles and research on learning, instructional
688 strategies, instructional design, and classroom assessment.
689 Curriculum materials must be based on current, accepted, and
690 essential academic knowledge. Materials for prerequisite courses
691 should, at a minimum, address the skills assessed on the Florida
692 Comprehensive Assessment Test (FCAT).
693 Section 8. Paragraph (c) of subsection (3) and subsections
694 (6), (9), (10), (11), and (12) of section 1008.22, Florida
695 Statutes, are amended to read:
696 1008.22 Student assessment program for public schools.—
697 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
698 design and implement a statewide program of educational
699 assessment that provides information for the improvement of the
700 operation and management of the public schools, including
701 schools operating for the purpose of providing educational
702 services to youth in Department of Juvenile Justice programs.
703 The commissioner may enter into contracts for the continued
704 administration of the assessment, testing, and evaluation
705 programs authorized and funded by the Legislature. Contracts may
706 be initiated in 1 fiscal year and continue into the next and may
707 be paid from the appropriations of either or both fiscal years.
708 The commissioner is authorized to negotiate for the sale or
709 lease of tests, scoring protocols, test scoring services, and
710 related materials developed pursuant to law. Pursuant to the
711 statewide assessment program, the commissioner shall:
712 (c) Develop and implement a student achievement testing
713 program as follows: known as
714 1. The Florida Comprehensive Assessment Test (FCAT)
715 measures as part of the statewide assessment program to measure
716 a student’s content knowledge and skills in reading, writing,
717 science, and mathematics. The content knowledge and skills
718 assessed by the FCAT must be aligned to the core curricular
719 content established in the Next Generation Sunshine State
720 Standards. Other content areas may be included as directed by
721 the commissioner. Comprehensive assessments of reading and
722 mathematics shall be administered annually in grades 3 through
723 10 except, beginning with the 2010-2011 school year, the
724 administration of grade 9 FCAT Mathematics shall be
725 discontinued, and beginning with the 2011-2012 school year, the
726 administration of grade 10 FCAT Mathematics shall be
727 discontinued, except as required for students who have not
728 attained minimum performance expectations for graduation as
729 provided in paragraph (9)(c). FCAT Comprehensive assessments of
730 Writing and FCAT Science shall be administered at least once at
731 the elementary, middle, and high school levels except, beginning
732 with the 2011-2012 school year, the administration of FCAT
733 Science at the high school level shall be discontinued.
734 2.a. End-of-course assessments for a subject shall may be
735 administered in addition to the comprehensive assessments
736 required for that subject under subparagraph 1. this paragraph.
737 An End-of-course assessments assessment must be rigorous,
738 statewide, standardized, and developed or approved by the
739 department. The content knowledge and skills assessed by
740 comprehensive and end-of-course assessments must be aligned to
741 the core curricular content established in the Next Generation
742 Sunshine State Standards.
743 (I) Statewide, standardized end-of-course assessments in
744 mathematics shall be administered according to this sub-sub
745 subparagraph. Beginning with the 2010-2011 school year, all
746 students enrolled in Algebra I or an equivalent course must take
747 the Algebra I end-of-course assessment. Students who earned high
748 school credit in Algebra I while in grades 6 through 8 during
749 the 2007-2008 through 2009-2010 school years and who have not
750 taken Grade 10 FCAT Mathematics must take the Algebra I end-of
751 course assessment during the 2010-2011 school year. For students
752 entering grade 9 during the 2010-2011 school year and who are
753 enrolled in Algebra I or an equivalent, each student’s
754 performance on the end-of-course assessment in Algebra I shall
755 constitute 30 percent of the student’s final course grade.
756 Beginning with students entering grade 9 in the 2011-2012 school
757 year, a student who is enrolled in Algebra I or an equivalent
758 must earn a passing score on the end-of-course assessment in
759 Algebra I or attain an equivalent score as described in
760 subsection (11) in order to pass the course and earn course
761 credit. Beginning with the 2011-2012 school year, all students
762 enrolled in geometry or an equivalent course must take the
763 geometry end-of-course assessment. For students entering grade 9
764 during the 2011-2012 school year, each student’s performance on
765 the end-of-course assessment in geometry shall constitute 30
766 percent of the student’s final course grade. Beginning with
767 students entering grade 9 during the 2012-2013 school year, a
768 student must earn a passing score on the end-of-course
769 assessment in geometry or attain an equivalent score as
770 described in subsection (11) in order to pass the course and
771 earn course credit. Beginning with the 2013-2014 school year,
772 all students enrolled in Algebra II or an equivalent course must
773 take the Algebra II end-of-course assessment. For students
774 entering grade 9 in the 2013-2014 school year, each student’s
775 performance on the end-of-course assessment in Algebra II shall
776 constitute 30 percent of the student’s final course grade.
777 Beginning with students entering grade 9 in the 2014-2015 school
778 year, a student must earn a passing score on the end-of-course
779 assessment in Algebra II in order to pass the course and earn
780 course credit.
781 (II) Statewide, standardized end-of-course assessments in
782 science shall be administered according to this sub-sub
783 subparagraph. Beginning with the 2011-2012 school year, all
784 students enrolled in Biology I or an equivalent course must take
785 the Biology I end-of-course assessment. For the 2011-2012 school
786 year, each student’s performance on the end-of-course assessment
787 in Biology I shall constitute 30 percent of the student’s final
788 course grade. Beginning with students entering grade 9 during
789 the 2012-2013 school year, a student must earn a passing score
790 on the end-of-course assessment in Biology I in order to pass
791 the course and earn course credit. Beginning with the 2013-2014
792 school year, all students enrolled in chemistry or physics or an
793 equivalent course must take the chemistry or physics end-of
794 course assessment. For students entering grade 9 in the 2013
795 2014 school year, each student’s performance on the end-of
796 course assessment in chemistry or physics shall constitute 30
797 percent of the student’s final course grade. Beginning with
798 students entering grade 9 during the 2014-2015 school year, a
799 student must earn a passing score on the end-of-course
800 assessment in chemistry or physics in order to pass the course
801 and earn course credit.
802 b. The commissioner may select one or more nationally
803 developed comprehensive examinations, which may include, but
804 need not be limited to, examinations for a College Board
805 Advanced Placement course, International Baccalaureate course,
806 or Advanced International Certificate of Education course, or
807 industry-approved examinations to earn national industry
808 certifications identified in the Industry Certified Funding
809 List, pursuant to rules adopted by the State Board of Education
810 as defined in s. 1003.492, for use as end-of-course assessments
811 under this paragraph, if the commissioner determines that the
812 content knowledge and skills assessed by the examinations meet
813 or exceed the grade level expectations for the core curricular
814 content established for the course in the Next Generation
815 Sunshine State Standards. The commissioner may collaborate with
816 the American Diploma Project in the adoption or development of
817 rigorous end-of-course assessments that are aligned to the Next
818 Generation Sunshine State Standards. The testing program must be
819 designed as follows:
820 c. Contingent upon funding provided in the General
821 Appropriations Act, including the appropriation of funds
822 received through federal grants, the Commissioner of Education
823 shall establish an implementation schedule for the development
824 and administration of additional statewide, standardized end-of
825 course assessments in English/Language Arts II, earth/space
826 science, United States history, and world history. Priority
827 shall be given to the development of end-of-course assessments
828 in English/Language Arts II. The Commissioner of Education shall
829 evaluate the feasibility and effect of transitioning from the
830 grade 9 and grade 10 FCAT Reading and high school level FCAT
831 Writing to an end-of-course assessment in English/Language Arts
832 II. The commissioner shall report the results of the evaluation
833 to the President of the Senate and the Speaker of the House of
834 Representatives no later than July 1, 2011.
835 3.1. The testing program tests shall measure student
836 content knowledge and skills and competencies adopted by the
837 State Board of Education as specified in paragraph (a) and. The
838 tests must measure and report student performance proficiency
839 levels of all students assessed in reading, writing,
840 mathematics, and science. The commissioner shall provide for the
841 tests to be developed or obtained, as appropriate, through
842 contracts and project agreements with private vendors, public
843 vendors, public agencies, postsecondary educational
844 institutions, or school districts. The commissioner shall obtain
845 input with respect to the design and implementation of the
846 testing program from state educators, assistive technology
847 experts, and the public.
848 4.2. The testing program shall be composed of criterion
849 referenced tests that shall, to the extent determined by the
850 commissioner, include test items that require the student to
851 produce information or perform tasks in such a way that the core
852 content knowledge and skills he or she uses can be measured.
853 3. Beginning with the 2008-2009 school year, the
854 commissioner shall discontinue administration of the selected
855 response test items on the comprehensive assessments of writing.
856 Beginning with the 2012-2013 school year, the comprehensive
857 assessments of writing shall be composed of a combination of
858 selected-response test items, short-response performance tasks,
859 and extended-response performance tasks, which shall measure a
860 student’s content knowledge of writing, including, but not
861 limited to, paragraph and sentence structure, sentence
862 construction, grammar and usage, punctuation, capitalization,
863 spelling, parts of speech, verb tense, irregular verbs, subject
864 verb agreement, and noun-pronoun agreement.
865 5. FCAT Reading, Mathematics, and Science and all
866 statewide, standardized end-of-course assessments shall measure
867 the content knowledge and skills a student has attained on the
868 assessment by the use of scaled scores and achievement levels.
869 Achievement levels shall range from 1 through 5, with level 1
870 being the lowest achievement level, level 5 being the highest
871 achievement level, and level 3 indicating satisfactory
872 performance on an assessment. For purposes of FCAT Writing,
873 student achievement shall be scored using a scale of 1 through 6
874 and the score earned shall be used in calculating school grades.
875 4. A score shall be designated for each subject area
876 tested, below which score a student’s performance is deemed
877 inadequate. The school districts shall provide appropriate
878 remedial instruction to students who score below these levels.
879 6.5. Except as provided in s. 1003.428(8)(b) or s.
880 1003.43(11)(b), students must earn a passing score on the grade
881 10 assessment test described in this paragraph or attain
882 concordant scores as described in subsection (10) in reading,
883 writing, and mathematics to qualify for a standard high school
884 diploma. The State Board of Education shall, by rule, designate
885 a passing score for each part of the grade 10 assessment test
886 and end-of-course assessments. In establishing passing scores,
887 the state board shall consider any possible negative impact of
888 the test on minority students. The State Board of Education
889 shall adopt rules which specify the passing scores for the grade
890 10 FCAT. Any rule that has such rules, which have the effect of
891 raising the required passing scores may, shall apply only to
892 students taking the assessment grade 10 FCAT for the first time
893 after the rule is such rules are adopted by the State Board of
894 Education. Except as otherwise provided in this subparagraph and
895 as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
896 must earn a passing score on grade 10 FCAT Reading and grade 10
897 FCAT Mathematics or attain concordant scores as described in
898 subsection (10) in order to qualify for a standard high school
899 diploma.
900 7. In addition to designating a passing score under
901 subparagraph 6., the State Board of Education shall also
902 designate, by rule, a score for each statewide, standardized
903 end-of-course assessment which indicates that a student is high
904 achieving and has the potential to meet college-readiness
905 standards by the time the student graduates from high school.
906 8.6. Participation in the testing program is mandatory for
907 all students attending public school, including students served
908 in Department of Juvenile Justice programs, except as otherwise
909 prescribed by the commissioner. A student who has not earned
910 passing scores on the grade 10 FCAT as provided in subparagraph
911 6. must participate in each retake of the assessment until the
912 student earns passing scores or achieves scores on a
913 standardized assessment which are concordant with passing scores
914 pursuant to subsection (10). If a student does not participate
915 in the statewide assessment, the district must notify the
916 student’s parent and provide the parent with information
917 regarding the implications of such nonparticipation. A parent
918 must provide signed consent for a student to receive classroom
919 instructional accommodations that would not be available or
920 permitted on the statewide assessments and must acknowledge in
921 writing that he or she understands the implications of such
922 instructional accommodations. The State Board of Education shall
923 adopt rules, based upon recommendations of the commissioner, for
924 the provision of test accommodations for students in exceptional
925 education programs and for students who have limited English
926 proficiency. Accommodations that negate the validity of a
927 statewide assessment are not allowable in the administration of
928 the FCAT or an end-of-course assessment. However, instructional
929 accommodations are allowable in the classroom if included in a
930 student’s individual education plan. Students using
931 instructional accommodations in the classroom that are not
932 allowable as accommodations on the FCAT or an end-of-course
933 assessment may have the FCAT or an end-of-course assessment
934 requirement waived pursuant to the requirements of s.
935 1003.428(8)(b) or s. 1003.43(11)(b).
936 9.7. A student seeking an adult high school diploma must
937 meet the same testing requirements that a regular high school
938 student must meet.
939 10.8. District school boards must provide instruction to
940 prepare students to demonstrate proficiency in the core
941 curricular content established in the Next Generation Sunshine
942 State Standards adopted under s. 1003.41, including the core
943 content knowledge and skills necessary for successful grade-to
944 grade progression and high school graduation. If a student is
945 provided with instructional accommodations in the classroom that
946 are not allowable as accommodations in the statewide assessment
947 program, as described in the test manuals, the district must
948 inform the parent in writing and must provide the parent with
949 information regarding the impact on the student’s ability to
950 meet expected performance proficiency levels in reading,
951 writing, and mathematics, and science. The commissioner shall
952 conduct studies as necessary to verify that the required core
953 curricular content is part of the district instructional
954 programs.
955 11.9. District school boards must provide opportunities for
956 students to demonstrate an acceptable performance level of
957 performance on an alternative standardized assessment approved
958 by the State Board of Education following enrollment in summer
959 academies.
960 12.10. The Department of Education must develop, or select,
961 and implement a common battery of assessment tools that will be
962 used in all juvenile justice programs in the state. These tools
963 must accurately measure the core curricular content established
964 in the Next Generation Sunshine State Standards.
965 13.11. For students seeking a special diploma pursuant to
966 s. 1003.438, the Department of Education must develop or select
967 and implement an alternate assessment tool that accurately
968 measures the core curricular content established in the Next
969 Generation Sunshine State Standards for students with
970 disabilities under s. 1003.438.
971 14.12. The Commissioner of Education shall establish
972 schedules for the administration of statewide assessments and
973 the reporting of student test results. When establishing the
974 schedules for the administration of statewide assessments, the
975 commissioner shall consider the observance of religious and
976 school holidays. The commissioner shall, by August 1 of each
977 year, notify each school district in writing and publish on the
978 department’s Internet website the testing and reporting
979 schedules for, at a minimum, the school year following the
980 upcoming school year. The testing and reporting schedules shall
981 require that:
982 a. There is the latest possible administration of statewide
983 assessments and the earliest possible reporting to the school
984 districts of student test results which is feasible within
985 available technology and specific appropriations; however, test
986 results for the FCAT must be made available no later than the
987 week of June 8. Student results for end-of-course assessments
988 must be provided no later than 1 week after the school district
989 completes testing for each course final day of the regular
990 school year for students.
991 b. Beginning with the 2010-2011 school year, FCAT Writing a
992 comprehensive statewide assessment of writing is not
993 administered earlier than the week of March 1 and a
994 comprehensive statewide assessment of any other subject is not
995 administered earlier than the week of April 15.
996 c. A statewide, standardized end-of-course assessment is
997 administered during a 3-week period at the end within the last 2
998 weeks of the course. The commissioner shall select a 3-week
999 administration period for assessments that meets the intent of
1000 end-of-course assessments and provides student results prior to
1001 the end of the course. School districts shall select one testing
1002 week within the 3-week administration period for each end-of
1003 course assessment. For an end-of-course assessment administered
1004 at the end of the first semester, the commissioner shall
1005 determine the most appropriate testing dates based on a school
1006 district’s academic calendar.
1007
1008 The commissioner may, based on collaboration and input from
1009 school districts, design and implement student testing programs,
1010 for any grade level and subject area, necessary to effectively
1011 monitor educational achievement in the state, including the
1012 measurement of educational achievement of the Next Generation
1013 Sunshine State Standards for students with disabilities.
1014 Development and refinement of assessments shall include
1015 universal design principles and accessibility standards that
1016 will prevent any unintended obstacles for students with
1017 disabilities while ensuring the validity and reliability of the
1018 test. These principles should be applicable to all technology
1019 platforms and assistive devices available for the assessments.
1020 The field testing process and psychometric analyses for the
1021 statewide assessment program must include an appropriate
1022 percentage of students with disabilities and an evaluation or
1023 determination of the effect of test items on such students.
1024 (6) SCHOOL TESTING PROGRAMS.—Each public school shall
1025 participate in the statewide assessment program in accordance
1026 with the testing and reporting schedules published by the
1027 Commissioner of Education under subparagraph (3)(c)14.12. unless
1028 specifically exempted by state board rule based on serving a
1029 specialized population for which standardized testing is not
1030 appropriate. Student performance data shall be analyzed and
1031 reported to parents, the community, and the state. Student
1032 performance data shall be used in developing objectives of the
1033 school improvement plan, evaluation of instructional personnel,
1034 evaluation of administrative personnel, assignment of staff,
1035 allocation of resources, acquisition of instructional materials
1036 and technology, performance-based budgeting, and promotion and
1037 assignment of students into educational programs. The analysis
1038 of student performance data also must identify strengths and
1039 needs in the educational program and trends over time. The
1040 analysis must be used in conjunction with the budgetary planning
1041 processes developed pursuant to s. 1008.385 and the development
1042 of the programs of remediation.
1043 (9) APPLICABILITY OF TESTING STANDARDS.—
1044 (a) If the Commissioner of Education revises a statewide
1045 assessment and the revisions require the State Board of
1046 Education to modify the assessment’s performance proficiency
1047 levels or modify the passing scores required for a standard high
1048 school diploma, until the state board adopts the modifications
1049 by rule, the commissioner shall use calculations for scoring the
1050 assessment which adjust student scores on the revised assessment
1051 for statistical equivalence to student scores on the former
1052 assessment.
1053 (b) A student must attain the passing scores on the
1054 statewide assessment required for a standard high school diploma
1055 or for high school course credits under sub-sub-subparagraphs
1056 (3)(c)2.a.(I) and (II) which are in effect at the time the
1057 student enters grade 9. If a student transfers into a high
1058 school, the school principal shall determine, in accordance with
1059 State Board of Education rule, whether the student must take an
1060 end-of-course assessment in a course for which the student has
1061 credit that was earned from the previous school if the student’s
1062 enrollment is continuous.
1063 (c) If the commissioner revises a statewide assessment and
1064 the revisions require the State Board of Education to modify the
1065 passing scores required for a standard high school diploma or
1066 for high school course credits under sub-sub-subparagraphs
1067 (3)(c)2.a.(I) and (II), the commissioner may, with approval of
1068 the state board, discontinue administration of the former
1069 assessment upon the graduation, based on normal student
1070 progression, of students participating in the final regular
1071 administration of the former assessment. The state board shall
1072 adopt by rule passing scores for the revised assessment which
1073 are statistically equivalent to passing scores on the
1074 discontinued assessment for a student required under paragraph
1075 (b) to attain passing scores on the discontinued assessment.
1076 (10) CONCORDANT SCORES FOR THE FCAT.—
1077 (a) The Commissioner State Board of Education shall analyze
1078 the content and concordant data sets for nationally recognized
1079 widely used high school achievement tests, including, but not
1080 limited to, the PSAT, PLAN, SAT, ACT, and College Placement
1081 Test, to assess if concordant scores for FCAT scores can be
1082 determined for high school graduation, college placement, and
1083 scholarship awards. When In cases where content alignment and
1084 concordant scores can be determined, the Commissioner of
1085 Education shall adopt those scores as meeting the graduation
1086 requirement in lieu of achieving the FCAT passing score and may
1087 adopt those scores as being sufficient to achieve additional
1088 purposes as determined by rule. Each time that test content or
1089 scoring procedures change for the FCAT or for a high school
1090 achievement test for which a concordant score is determined, new
1091 concordant scores must be determined.
1092 (b) In order to use a concordant subject area score
1093 pursuant to this subsection to satisfy the assessment
1094 requirement for a standard high school diploma as provided in s.
1095 1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1096 take each subject area of the grade 10 FCAT a total of three
1097 times without earning a passing score. The requirements of this
1098 paragraph shall not apply to a new student who enters the
1099 Florida public school system in grade 12, who may either achieve
1100 a passing score on the FCAT or use an approved subject area
1101 concordant score to fulfill the graduation requirement.
1102 (b)(c) The State Board of Education may define by rule the
1103 allowable uses, other than to satisfy the high school graduation
1104 requirement, for concordant scores as described in this
1105 subsection. Such uses may include, but need not be limited to,
1106 achieving appropriate standardized test scores required for the
1107 awarding of Florida Bright Futures Scholarships and college
1108 placement.
1109 (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
1110 (a) The Commissioner of Education shall analyze the content
1111 and equivalent data sets for nationally recognized high school
1112 achievement tests and industry certification tests under the
1113 Industry Certification Funding List, pursuant to rules adopted
1114 by the State Board of Education, including, but not limited to,
1115 grade 10 FCAT Mathematics retakes until such retakes are
1116 discontinued pursuant to subsection (9), the PSAT, the PLAN, the
1117 SAT, the ACT, and the College Placement Test, to assess if
1118 equivalent scores for end-of-course assessment scores can be
1119 determined for passage of an end-of-course assessment. When
1120 content alignment and equivalent scores can be determined, the
1121 Commissioner of Education shall adopt those scores as meeting
1122 the requirement to pass the end-of-course assessment and as
1123 being sufficient to achieve additional purposes as determined by
1124 rule. Each time that assessment content or scoring procedures
1125 change for an end-of-course assessment or for a high school
1126 achievement test or an industry certification test under the
1127 Industry Certification Funding List, pursuant to rules adopted
1128 by the State Board of Education for which an equivalent score is
1129 determined, new equivalent scores must be determined.
1130 (b) Use of an equivalent score adopted by the State Board
1131 of Education under paragraph (a) for purposes of grade
1132 adjustment, grade forgiveness, or course credit recovery is
1133 contingent upon and subject to district school board rules.
1134 (12)(11) REPORTS.—The Department of Education shall
1135 annually provide a report to the Governor, the President of the
1136 Senate, and the Speaker of the House of Representatives on the
1137 following:
1138 (a) Longitudinal performance of students in mathematics and
1139 reading.
1140 (b) Longitudinal performance of students by grade level in
1141 mathematics and reading.
1142 (c) Longitudinal performance regarding efforts to close the
1143 achievement gap.
1144 (d) Other student performance data based on national norm
1145 referenced and criterion-referenced tests, when available, and
1146 numbers of students who after 8th grade enroll in adult
1147 education rather than other secondary education.
1148 (13)(12) RULES.—The State Board of Education shall adopt
1149 rules pursuant to ss. 120.536(1) and 120.54 to implement the
1150 provisions of this section.
1151 Section 9. Paragraph (a) of subsection (4) of section
1152 1008.25, Florida Statutes, is amended to read:
1153 1008.25 Public school student progression; remedial
1154 instruction; reporting requirements.—
1155 (4) ASSESSMENT AND REMEDIATION.—
1156 (a) Each student must participate in the statewide
1157 assessment tests required by s. 1008.22. Each student who does
1158 not meet specific levels of performance as determined by the
1159 district school board in FCAT reading, writing, science, and
1160 mathematics for each grade level, or who scores below Level 3 in
1161 FCAT reading or FCAT mathematics math, must be provided with
1162 additional diagnostic assessments to determine the nature of the
1163 student’s difficulty, the areas of academic need, and strategies
1164 for appropriate intervention and instruction as described in
1165 paragraph (b).
1166 Section 10. Subsection (3) of section 1008.30, Florida
1167 Statutes, is amended to read:
1168 1008.30 Common placement testing for public postsecondary
1169 education.—
1170 (3) The State Board of Education shall adopt rules that
1171 require high schools to evaluate before the beginning of grade
1172 12 the college readiness of each student who indicates an
1173 interest in postsecondary education and scores at Level 2 or
1174 Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1175 Level 3, or Level 4 on the mathematics assessments under s.
1176 1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1177 perform this evaluation using results from the corresponding
1178 component of the common placement test prescribed in this
1179 section, or an equivalent test identified by the State Board of
1180 Education. The Department of Education shall purchase or develop
1181 the assessments necessary to perform the evaluations required by
1182 this subsection and shall work with the school districts to
1183 administer the assessments. The State Board of Education shall
1184 establish by rule the minimum test scores a student must achieve
1185 to demonstrate readiness. Students who demonstrate readiness by
1186 achieving the minimum test scores established by the state board
1187 and enroll in a community college within 2 years of achieving
1188 such scores shall not be required to enroll in remediation
1189 courses as a condition of acceptance to any community college.
1190 The high school shall use the results of the test to advise the
1191 students of any identified deficiencies and to the maximum
1192 extent practicable provide 12th grade students access to
1193 appropriate remedial instruction prior to high school
1194 graduation. The remedial instruction provided under this
1195 subsection shall be a collaborative effort between secondary and
1196 postsecondary educational institutions. To the extent courses
1197 are available, the Florida Virtual School may be used to provide
1198 the remedial instruction required by this subsection.
1199 Section 11. Paragraphs (b) and (c) of subsection (3) of
1200 section 1008.34, Florida Statutes, are amended to read:
1201 1008.34 School grading system; school report cards;
1202 district grade.—
1203 (3) DESIGNATION OF SCHOOL GRADES.—
1204 (b)1. A school’s grade shall be based on a combination of:
1205 a. Student achievement scores, including achievement on all
1206 FCAT and end-of-course assessments administered under s.
1207 1008.22(3)(c)1., end-of-course assessments administered under s.
1208 1008.22(3)(c)2.a., and achievement scores for students seeking a
1209 special diploma.
1210 b. Student learning gains in reading and mathematics as
1211 measured by annual FCAT and end-of-course assessments, as
1212 described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
1213 Learning gains for students seeking a special diploma, as
1214 measured by an alternate assessment tool, shall be included not
1215 later than the 2009-2010 school year.
1216 c. Improvement of the lowest 25th percentile of students in
1217 the school in reading and, mathematics, or writing on the FCAT
1218 or end-of-course assessments described in s. 1008.22(3)(c)2.a.,
1219 unless these students are exhibiting satisfactory performance.
1220 2. Beginning with the 2009-2010 school year for schools
1221 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1222 11, and 12, 50 percent of the school grade shall be based on a
1223 combination of the factors listed in sub-subparagraphs 1.a.-c.
1224 and the remaining 50 percent on the following factors:
1225 a. The high school graduation rate of the school;
1226 b. As valid data becomes available, the performance and
1227 participation of the school’s students in College Board Advanced
1228 Placement courses, International Baccalaureate courses, dual
1229 enrollment courses, and Advanced International Certificate of
1230 Education courses; and the students’ achievement of national
1231 industry certification identified in the Industry Certified
1232 Funding List, pursuant to rules adopted by the State Board of
1233 Education, as determined by the Agency for Workforce Innovation
1234 under s. 1003.492(2) in a career and professional academy, as
1235 described in s. 1003.493;
1236 c. Postsecondary readiness of the school’s students as
1237 measured by the SAT, ACT, or the common placement test;
1238 d. The high school graduation rate of at-risk students who
1239 scored at Level 2 or lower on the grade 8 FCAT Reading and
1240 Mathematics examinations;
1241 e. As valid data becomes available, the performance of the
1242 school’s students on statewide standardized end-of-course
1243 assessments administered under s. 1008.22 and standardized end
1244 of-course assessments administered under s. 1008.22(3)(c)2.b.
1245 and c.; and
1246 f. The growth or decline in the components listed in sub
1247 subparagraphs a.-e. from year to year.
1248 (c) Student assessment data used in determining school
1249 grades shall include:
1250 1. The aggregate scores of all eligible students enrolled
1251 in the school who have been assessed on the FCAT and statewide,
1252 standardized end-of-course assessments in courses required for
1253 high school graduation, including, beginning with the 2010-2011
1254 school year, the end-of-course assessments in Algebra I and
1255 geometry, beginning with the 2011-2012 school year, the end-of
1256 course assessment in Biology, and beginning with the 2013-2014
1257 school year, end-of-course assessments in Algebra II, chemistry,
1258 and physics.
1259 2. The aggregate scores of all eligible students enrolled
1260 in the school who have been assessed on the FCAT and end-of
1261 course assessments as described in s. 1008.22(3)(c)2.a., and who
1262 have scored at or in the lowest 25th percentile of students in
1263 the school in reading and, mathematics, or writing, unless these
1264 students are exhibiting satisfactory performance.
1265 3. Effective with the 2005-2006 school year, The
1266 achievement scores and learning gains of eligible students
1267 attending alternative schools that provide dropout prevention
1268 and academic intervention services pursuant to s. 1003.53. The
1269 term “eligible students” in this subparagraph does not include
1270 students attending an alternative school who are subject to
1271 district school board policies for expulsion for repeated or
1272 serious offenses, who are in dropout retrieval programs serving
1273 students who have officially been designated as dropouts, or who
1274 are in programs operated or contracted by the Department of
1275 Juvenile Justice. The student performance data for eligible
1276 students identified in this subparagraph shall be included in
1277 the calculation of the home school’s grade. As used in this
1278 section and s. 1008.341, the term “home school” means the school
1279 to which the student would be assigned if the student were not
1280 assigned to an alternative school. If an alternative school
1281 chooses to be graded under this section, student performance
1282 data for eligible students identified in this subparagraph shall
1283 not be included in the home school’s grade but shall be included
1284 only in the calculation of the alternative school’s grade. A
1285 school district that fails to assign the FCAT and end-of-course
1286 assessment as described in s. 1008.22(3)(c)2.a. scores of each
1287 of its students to his or her home school or to the alternative
1288 school that receives a grade shall forfeit Florida School
1289 Recognition Program funds for 1 fiscal year. School districts
1290 must require collaboration between the home school and the
1291 alternative school in order to promote student success. This
1292 collaboration must include an annual discussion between the
1293 principal of the alternative school and the principal of each
1294 student’s home school concerning the most appropriate school
1295 assignment of the student.
1296 4. Beginning with the 2009-2010 school year For schools
1297 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1298 11, and 12, the data listed in subparagraphs 1.-3. and the
1299 following data as the Department of Education determines such
1300 data are valid and available:
1301 a. The high school graduation rate of the school as
1302 calculated by the Department of Education;
1303 b. The participation rate of all eligible students enrolled
1304 in the school and enrolled in College Board Advanced Placement
1305 courses; International Baccalaureate courses; dual enrollment
1306 courses; Advanced International Certificate of Education
1307 courses; and courses or sequence of courses leading to national
1308 industry certification identified in the Industry Certification
1309 Funding List, pursuant to rules adopted by the State Board of
1310 Education, as determined by the Agency for Workforce Innovation
1311 under s. 1003.492(2) in a career and professional academy, as
1312 described in s. 1003.493;
1313 c. The aggregate scores of all eligible students enrolled
1314 in the school in College Board Advanced Placement courses,
1315 International Baccalaureate courses, and Advanced International
1316 Certificate of Education courses;
1317 d. Earning of college credit by all eligible students
1318 enrolled in the school in dual enrollment programs under s.
1319 1007.271;
1320 e. Earning of a national an industry certification
1321 identified in the Industry Certification Funding List, pursuant
1322 to rules adopted by the State Board of Education, as determined
1323 by the Agency for Workforce Innovation under s. 1003.492(2) in a
1324 career and professional academy, as described in s. 1003.493;
1325 f. The aggregate scores of all eligible students enrolled
1326 in the school in reading, mathematics, and other subjects as
1327 measured by the SAT, the ACT, and the common placement test for
1328 postsecondary readiness;
1329 g. The high school graduation rate of all eligible at-risk
1330 students enrolled in the school who scored at Level 2 or lower
1331 on the grade 8 FCAT Reading and Mathematics examinations;
1332 h. The performance of the school’s students on statewide
1333 standardized end-of-course assessments administered under s.
1334 1008.22; and
1335 i. The growth or decline in the data components listed in
1336 sub-subparagraphs a.-h. from year to year.
1337
1338 The State Board of Education shall adopt appropriate criteria
1339 for each school grade. The criteria must also give added weight
1340 to student achievement in reading. Schools designated with a
1341 grade of “C,” making satisfactory progress, shall be required to
1342 demonstrate that adequate progress has been made by students in
1343 the school who are in the lowest 25th percentile in reading and,
1344 mathematics, or writing on the FCAT and end-of-course
1345 assessments as described in s. 1008.22(3)(c)2.a., unless these
1346 students are exhibiting satisfactory performance. Beginning with
1347 the 2009-2010 school year for schools comprised of high school
1348 grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
1349 for school grades must also give added weight to the graduation
1350 rate of all eligible at-risk students, as defined in this
1351 paragraph. Beginning in the 2009-2010 school year, in order for
1352 a high school to be designated as having a grade of “A,” making
1353 excellent progress, the school must demonstrate that at-risk
1354 students, as defined in this paragraph, in the school are making
1355 adequate progress.
1356 Section 12. Subsection (3) of section 1008.341, Florida
1357 Statutes, is amended to read:
1358 1008.341 School improvement rating for alternative
1359 schools.—
1360 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
1361 used in determining an alternative school’s school improvement
1362 rating shall include:
1363 (a) The aggregate scores on statewide assessments
1364 administered under s. 1008.22 for of all eligible students who
1365 were assigned to and enrolled in the school during the October
1366 or February FTE count, who have been assessed on the FCAT, and
1367 who have FCAT or comparable scores for the preceding school
1368 year.
1369 (b) The aggregate scores on statewide assessments
1370 administered under s. 1008.22 for of all eligible students who
1371 were assigned to and enrolled in the school during the October
1372 or February FTE count, who have been assessed on the FCAT and
1373 who have scored in the lowest 25th percentile of students in the
1374 state on FCAT Reading.
1375
1376 The assessment scores of students who are subject to district
1377 school board policies for expulsion for repeated or serious
1378 offenses, who are in dropout retrieval programs serving students
1379 who have officially been designated as dropouts, or who are in
1380 programs operated or contracted by the Department of Juvenile
1381 Justice may not be included in an alternative school’s school
1382 improvement rating.
1383 Section 13. Subsection (4) of section 1008.36, Florida
1384 Statutes, is amended to read:
1385 1008.36 Florida School Recognition Program.—
1386 (4) All selected schools shall receive financial awards
1387 depending on the availability of funds appropriated and the
1388 number and size of schools selected to receive an award. Funds
1389 must be distributed to the school’s fiscal agent and placed in
1390 the school’s account and must be used for purposes listed in
1391 subsection (5) as determined jointly by the school’s staff and
1392 school advisory council. If school staff and the school advisory
1393 council cannot reach agreement by February November 1, the
1394 awards must be equally distributed to all classroom teachers
1395 currently teaching in the school. If a school selected to
1396 receive a school recognition award is no longer in existence at
1397 the time the award is paid, the district school superintendent
1398 shall distribute the funds to teachers who taught at the school
1399 in the previous year in the form of a bonus.
1400
1401 Notwithstanding statutory provisions to the contrary, incentive
1402 awards are not subject to collective bargaining.
1403 Section 14. This act shall take effect July 1, 2010.