HB 473

1	A bill to be entitled
2	An act relating to public school education; amending ss.
3	1002.33, 1003.03, 1003.413, and 1003.4156, F.S., relating
4	to discontinuance of administration of the Florida
5	Comprehensive Assessment Test (FCAT), to conform to
6	changes made by the act; deleting requirement that
7	district school boards establish policies for intensive
8	reading and mathematics intervention courses in high
9	school; providing for intervention services; amending s.
10	1003.428, F.S.; requiring that students be advised of the
11	availability of certain courses for purposes of high
12	school graduation; providing new credit requirements for
13	high school graduation with a standard diploma; providing
14	for remediation and intervention services in certain
15	circumstances; revising general requirements for high
16	school graduation; conforming provisions relating to
17	discontinuance of FCAT administration; amending s.
18	1003.429, F.S.; requiring that students be advised of the
19	availability of certain courses for purposes of
20	accelerated high school graduation options; revising
21	general requirements for accelerated high school
22	graduation; amending ss. 1003.433, 1003.493, and 1007.35,
23	F.S., relating to discontinuance of FCAT administration
24	and revised general requirements for high school
25	graduation, to conform to changes made by the act;
26	amending s. 1008.22, F.S.; revising the statewide student
27	assessment program to discontinue use of the FCAT;
28	requiring the assessment program to consist of subject
29	area assessments for students in grades 3 through 5,
30	subject area assessments and end-of-course examinations in
31	core and noncore subjects for students in grades 6 through
32	12, and diagnostic assessments for students in grades 6,
33	8, and 10; requiring school districts to provide
34	intervention services to certain students; requiring the
35	State Board of Education to adopt rules that specify
36	passing scores on end-of-course examinations; providing
37	that results on end-of-course examinations are one
38	component of requirements for high school graduation;
39	providing for certain waivers; clarifying schedules for
40	assessment and reporting; revising provisions relating to
41	test-preparation activities; deleting provisions relating
42	to use of concordant scores for the FCAT; amending s.
43	1008.25, F.S.; requiring intervention services for certain
44	students as part of the comprehensive program for student
45	progression; conforming provisions relating to the
46	revision of the statewide student assessment program;
47	deleting mandatory retention for certain grade 3 students;
48	authorizing promotion for good cause; providing for
49	reporting; amending s. 1008.30, F.S.; revising provisions
50	relating to use of the common placement test to conform to
51	discontinuance of FCAT administration; amending ss.
52	1008.34 and 1008.341, F.S.; deleting use of the FCAT as a
53	basis for determining school grades and school improvement
54	ratings; providing for student results on subject area
55	assessments and end-of-course examinations to partially
56	determine school grades and school improvement ratings;
57	providing additional factors for such determination;
58	conforming provisions relating to revision of the Florida
59	School Recognition Program; amending s. 1008.345, F.S.;
60	conforming provisions relating to revision of the Florida
61	School Recognition Program; amending s. 1008.36, F.S.;
62	changing the Florida School Recognition Program to the
63	Every Child Matters Program; providing intent and purpose
64	of the program; providing for financial assistance to
65	schools providing remediation and intervention services to
66	certain students; specifying the uses of program funds;
67	providing Department of Education duties; amending s.
68	1009.531, F.S.; adding a cross-reference to high school
69	graduation requirements; amending s. 1011.62, F.S.;
70	conforming provisions relating to revision of the Florida
71	School Recognition Program and discontinuance of FCAT
72	administration; amending s. 1012.22, F.S.; conforming
73	provisions relating to discontinuance of FCAT
74	administration; providing for the appointment of a public
75	school assessment and accountability alignment committee
76	to develop standards for a revised statewide student
77	assessment program, procedures for transitioning to the
78	new program, and standards for determining school grades
79	and school improvement ratings; providing for membership;
80	providing duties of the alignment committee, the State
81	Board of Education, and the Department of Education;
82	providing a timetable for implementation; providing for
83	future expiration of the alignment committee; providing
84	effective dates.
85
86	Be It Enacted by the Legislature of the State of Florida:
87
88	Section 1.  Paragraph (a) of subsection (20) of section
89	1002.33, Florida Statutes, is amended to read:
90	1002.33  Charter schools.-
91	(20)  SERVICES.-
92	(a)  A sponsor shall provide certain administrative and
93	educational services to charter schools. These services shall
94	include contract management services; full-time equivalent and
95	data reporting services; exceptional student education
96	administration services; services related to eligibility and
97	reporting duties required to ensure that school lunch services
98	under the federal lunch program, consistent with the needs of
99	the charter school, are provided by the school district at the
100	request of the charter school, that any funds due to the charter
101	school under the federal lunch program be paid to the charter
102	school as soon as the charter school begins serving food under
103	the federal lunch program, and that the charter school is paid
104	at the same time and in the same manner under the federal lunch
105	program as other public schools serviced by the sponsor or the
106	school district; test administration services, including payment
107	of the costs of state-required or district-required student
108	assessments; processing of teacher certificate data services;
109	and information services, including equal access to student
110	information systems that are used by public schools in the
111	district in which the charter school is located. Student
112	performance data for each student in a charter school,
113	including, but not limited to, subject area assessment scores,
114	end-of-course examination FCAT scores, standardized test scores,
115	previous public school student report cards, and student
116	performance measures, shall be provided by the sponsor to a
117	charter school in the same manner provided to other public
118	schools in the district. A total administrative fee for the
119	provision of such services shall be calculated based upon up to
120	5 percent of the available funds defined in paragraph (17)(b)
121	for all students. However, a sponsor may only withhold up to a
122	5-percent administrative fee for enrollment for up to and
123	including 500 students. For charter schools with a population of
124	501 or more students, the difference between the total
125	administrative fee calculation and the amount of the
126	administrative fee withheld may only be used for capital outlay
127	purposes specified in s. 1013.62(2). Each charter school shall
128	receive 100 percent of the funds awarded to that school pursuant
129	to s. 1012.225. Sponsors shall not charge charter schools any
130	additional fees or surcharges for administrative and educational
131	services in addition to the maximum 5-percent administrative fee
132	withheld pursuant to this paragraph.
133	Section 2.  Paragraph (c) of subsection (3) of section
134	1003.03, Florida Statutes, is amended to read:
135	1003.03  Maximum class size.-
136	(3)  IMPLEMENTATION OPTIONS.-District school boards must
137	consider, but are not limited to, implementing the following
138	items in order to meet the constitutional class size maximums
139	described in subsection (1) and the two-student-per-year
140	reduction required in subsection (2):
141	(c)1.  Repeal district school board policies that require
142	students to have more than 24 credits to graduate from high
143	school.
144	2.  Adopt policies to allow students to graduate from high
145	school as soon as they meet the requirements pass the grade 10
146	FCAT and complete the courses required for high school
147	graduation.
148	Section 3.  Paragraph (d) of subsection (3) and paragraph
149	(e) of subsection (4) of section 1003.413, Florida Statutes, are
150	amended to read:
151	1003.413  Florida Secondary School Redesign Act.-
152	(3)  Based on these guiding principles, district school
153	boards shall establish policies to implement the requirements of
154	ss. 1003.4156, 1003.428, and 1003.493. The policies must
155	address:
156	(d)  Credit recovery courses and intensive reading and
157	mathematics intervention services courses based on student
158	performance on diagnostic assessments, subject area assessments,
159	or end-of-course examinations the FCAT. These courses and
160	intervention services should be competency based and offered
161	through innovative delivery systems, including computer-assisted
162	instruction. School districts should use learning gains as well
163	as other appropriate data and provide incentives to identify and
164	reward high-performing teachers who teach credit recovery
165	courses and provide intensive intervention services courses.
166	(4)  In order to support the successful implementation of
167	this section by district school boards, the Department of
168	Education shall:
169	(e)  Use data to provide the Legislature with an annual
170	longitudinal analysis of the success of this reform effort,
171	including the progress of 6th grade students and 9th grade
172	students not meeting grade-level expectations on end-of-course
173	examinations or subject area assessments in scoring at Level 1
174	on FCAT reading or FCAT mathematics.
175	Section 4.  Paragraphs (b) and (c) of subsection (1) of
176	section 1003.4156, Florida Statutes, are amended to read:
177	1003.4156  General requirements for middle grades
178	promotion.-
179	(1)  Beginning with students entering grade 6 in the 2006-
180	2007 school year, Promotion from a school composed of middle
181	grades 6, 7, and 8 requires that:
182	(b)  For each year in which a student's performance on a
183	diagnostic assessment or a subject area assessment in student
184	scores at Level l on FCAT reading does not meet grade-level
185	expectations, the student must be enrolled in and complete an
186	intensive reading course the following year. Placement of
187	students Level 2 readers in either an intensive reading course
188	or a content area course in which reading strategies are
189	delivered shall be determined by diagnosis of reading needs. The
190	department shall provide guidance on appropriate strategies for
191	diagnosing and meeting the varying instructional needs of
192	students reading below grade level. Reading courses shall be
193	designed and offered pursuant to the comprehensive reading plan
194	required by s. 1011.62(9).
195	(c)  For each year in which a student's performance on a
196	diagnostic assessment, a subject area assessment, or an end-of-
197	course examination in student scores at Level 1 or Level 2 on
198	FCAT mathematics does not meet grade-level expectations, the
199	student must receive remediation the following year, which may
200	be integrated into the student's required mathematics course.
201	Section 5.  Subsections (1), (2), and (4) and paragraph (b)
202	of subsection (8) of section 1003.428, Florida Statutes, are
203	amended to read:
204	1003.428  General requirements for high school graduation;
205	revised.-
206	(1)  Except as otherwise authorized pursuant to s.
207	1003.429, beginning with students entering their first year of
208	high school in the 2007-2008 school year, graduation requires
209	the successful completion of a minimum of 24 credits, an
210	International Baccalaureate curriculum, or an Advanced
211	International Certificate of Education curriculum. Students must
212	be advised of the Advanced Placement, International
213	Baccalaureate, Advanced International Certificate of Education,
214	career academy coursework that leads to national industry
215	certification, and dual enrollment courses available, as well as
216	the availability of course offerings through the Florida Virtual
217	School. Students must also be advised of eligibility
218	requirements for state scholarship programs and postsecondary
219	admissions.
220	(2)  The 24 credits may be earned through applied,
221	integrated, and combined courses approved by the Department of
222	Education and shall be distributed as follows:
223	(a)  Sixteen core curriculum credits:
224	1.  Four credits in English, with major concentration in
225	composition, reading for information, and literature.
226	2.  Four credits in mathematics, one of which must be
227	Algebra I, a series of courses equivalent to Algebra I, or a
228	higher-level mathematics course. Beginning with students
229	entering grade 9 in the 2014-2015 school year, one of the four
230	credits must be Algebra I or a series of courses equivalent to
231	Algebra I as approved by the State Board of Education, one
232	credit must be geometry or a series of courses equivalent to
233	geometry as approved by the State Board of Education, and one
234	credit must be Algebra II or a series of courses equivalent to
235	Algebra II as approved by the State Board of Education. School
236	districts are encouraged to set specific goals to increase
237	enrollments in, and successful completion of, geometry and
238	Algebra II.
239	3.  Three credits in science, two of which must have a
240	laboratory component. Beginning with students entering grade 9
241	in the 2014-2015 school year, one of the three credits must be
242	Biology I or a series of courses equivalent to Biology I as
243	approved by the State Board of Education, one credit must be
244	chemistry or physics or a series of courses equivalent to
245	chemistry or physics as approved by the State Board of
246	Education, and one credit must be a higher-level science course.
247	At least two of the science courses must have a laboratory
248	component.
249	4.  Three credits in social studies as follows: one credit
250	in American history; one credit in world history; one-half
251	credit in economics; and one-half credit in American government.
252	5.  One credit in fine or performing arts, speech and
253	debate, or a practical arts course that incorporates artistic
254	content and techniques of creativity, interpretation, and
255	imagination. Eligible practical arts courses shall be identified
256	through the Course Code Directory.
257	6.  One credit in physical education to include integration
258	of health. Participation in an interscholastic sport at the
259	junior varsity or varsity level for two full seasons shall
260	satisfy the one-credit requirement in physical education if the
261	student passes a competency test on personal fitness with a
262	score of "C" or better. The competency test on personal fitness
263	must be developed by the Department of Education. A district
264	school board may not require that the one credit in physical
265	education be taken during the 9th grade year. Completion of one
266	semester with a grade of "C" or better in a marching band class,
267	in a physical activity class that requires participation in
268	marching band activities as an extracurricular activity, or in a
269	dance class shall satisfy one-half credit in physical education
270	or one-half credit in performing arts. This credit may not be
271	used to satisfy the personal fitness requirement or the
272	requirement for adaptive physical education under an individual
273	education plan (IEP) or 504 plan. Completion of 2 years in a
274	Reserve Officer Training Corps (R.O.T.C.) class, a significant
275	component of which is drills, shall satisfy the one-credit
276	requirement in physical education and the one-credit requirement
277	in performing arts. This credit may not be used to satisfy the
278	personal fitness requirement or the requirement for adaptive
279	physical education under an individual education plan (IEP) or
280	504 plan.
281	(b)  Eight credits in majors, minors, or electives:
282	1.  Four credits in a major area of interest, such as
283	sequential courses in a career and technical program, fine and
284	performing arts, or academic content area, selected by the
285	student as part of the education plan required by s. 1003.4156.
286	Students may revise major areas of interest each year as part of
287	annual course registration processes and should update their
288	education plan to reflect such revisions. Annually by October 1,
289	the district school board shall approve major areas of interest
290	and submit the list of majors to the Commissioner of Education
291	for approval. Each major area of interest shall be deemed
292	approved unless specifically rejected by the commissioner within
293	60 days. Upon approval, each district's major areas of interest
294	shall be available for use by all school districts and shall be
295	posted on the department's website.
296	2.  Four credits in elective courses selected by the
297	student as part of the education plan required by s. 1003.4156.
298	These credits may be combined to allow for a second major area
299	of interest pursuant to subparagraph 1., a minor area of
300	interest, elective courses, or intensive reading or mathematics
301	intervention courses as described in this subparagraph.
302	a.  Minor areas of interest are composed of three credits
303	selected by the student as part of the education plan required
304	by s. 1003.4156 and approved by the district school board.
305	b.  Elective courses are selected by the student in order
306	to pursue a complete education program as described in s.
307	1001.41(3) and to meet eligibility requirements for
308	scholarships.
309	c.  For each year in which a student's performance on a
310	diagnostic assessment or subject area assessment in student
311	scores at Level l on FCAT reading does not meet grade-level
312	expectations, the student must receive remediation and
313	intervention services as soon as feasible but no later than be
314	enrolled in and complete an intensive reading course the
315	following year. Placement of students Level 2 readers in either
316	a an intensive reading course or a content area course in which
317	reading strategies are delivered shall be determined by
318	diagnosis of reading needs. The department shall provide
319	guidance on appropriate strategies for diagnosing and meeting
320	the varying instructional needs of students reading below grade
321	level. Reading courses shall be designed and offered pursuant to
322	the comprehensive reading plan required by s. 1011.62(9).
323	d.  For each year in which a student's performance on a
324	diagnostic assessment, a subject area assessment, or an end-of-
325	course examination in student scores at Level 1 or Level 2 on
326	FCAT mathematics does not meet grade-level expectations, the
327	student must receive remediation and intervention services as
328	soon as feasible but no later than the following year.
329	Intervention These courses may be taught through applied,
330	integrated, or combined courses and are subject to approval by
331	the department for inclusion in the Course Code Directory.
332	(4)  Each district school board shall establish standards
333	for graduation from its schools, which must include:
334	(a)  Successful completion of the academic credit or
335	curriculum requirements of subsections (1) and (2).
336	(b)  Successful overall academic performance based on end-
337	of-course examinations, grade point average, student portfolios,
338	and, if determined by the State Board of Education, other
339	measurable indicators of student progress. Earning passing
340	scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
341	a standardized test that are concordant with passing scores on
342	the FCAT as defined in s. 1008.22(10).
343	(c)  Completion of all other applicable requirements
344	prescribed by the district school board pursuant to s. 1008.25.
345	(d)  Achievement of a cumulative grade point average of 2.0
346	on a 4.0 scale, or its equivalent, in the courses required by
347	this section.
348
349	Each district school board shall adopt policies designed to
350	assist students in meeting the requirements of this subsection.
351	These policies may include, but are not limited to: forgiveness
352	policies, summer school or before or after school attendance,
353	special counseling, volunteers or peer tutors, school-sponsored
354	help sessions, homework hotlines, and study skills classes.
355	Forgiveness policies for required courses shall be limited to
356	replacing a grade of "D" or "F," or the equivalent of a grade of
357	"D" or "F," with a grade of "C" or higher, or the equivalent of
358	a grade of "C" or higher, earned subsequently in the same or
359	comparable course. Forgiveness policies for elective courses
360	shall be limited to replacing a grade of "D" or "F," or the
361	equivalent of a grade of "D" or "F," with a grade of "C" or
362	higher, or the equivalent of a grade of "C" or higher, earned
363	subsequently in another course. The only exception to these
364	forgiveness policies shall be made for a student in the middle
365	grades who takes any high school course for high school credit
366	and earns a grade of "C," "D," or "F" or the equivalent of a
367	grade of "C," "D," or "F." In such case, the district
368	forgiveness policy must allow the replacement of the grade with
369	a grade of "C" or higher, or the equivalent of a grade of "C" or
370	higher, earned subsequently in the same or comparable course. In
371	all cases of grade forgiveness, only the new grade shall be used
372	in the calculation of the student's grade point average. Any
373	course grade not replaced according to a district school board
374	forgiveness policy shall be included in the calculation of the
375	cumulative grade point average required for graduation.
376	(8)
377	(b)  A student with a disability, as defined in s.
378	1007.02(2), for whom the individual education plan (IEP)
379	committee determines that an end-of-course examination the FCAT
380	cannot accurately measure the student's abilities taking into
381	consideration all allowable accommodations, shall have the end-
382	of-course examination results that are used as a partial basis
383	for determining successful overall academic performance under
384	FCAT requirement of paragraph (4)(b) waived for the purpose of
385	receiving a standard high school diploma, if the student:
386	1.  completes the minimum number of credits and other
387	requirements prescribed by subsections (1), (2), and (3).
388	2.  Does not meet the requirements of paragraph (4)(b)
389	after one opportunity in 10th grade and one opportunity in 11th
390	grade.
391	Section 6.  Subsections (1) and (6), paragraph (c) of
392	subsection (7), and subsection (8) of section 1003.429, Florida
393	Statutes, are amended to read:
394	1003.429  Accelerated high school graduation options.-
395	(1)  Students who enter grade 9 in the 2006-2007 school
396	year and thereafter may select, upon receipt of each consent
397	required by this section, one of the following three high school
398	graduation options:
399	(a)  Completion of the general requirements for high school
400	graduation pursuant to s. 1003.428 or s. 1003.43;
401	(b)  Completion of a 3-year standard college preparatory
402	program requiring successful completion of a minimum of 18
403	academic credits in grades 9 through 12. At least 6 of the 18
404	credits required for completion of this program must be received
405	in classes that are offered pursuant to the International
406	Baccalaureate Program, the Advanced Placement Program, dual
407	enrollment, or the Advanced International Certificate of
408	Education Program, or specifically listed or identified by the
409	Department of Education as rigorous pursuant to s. 1009.531(3).
410	Students must be advised of the Advanced Placement,
411	International Baccalaureate, Advanced International Certificate
412	of Education, career academy coursework that leads to national
413	industry certification, and dual enrollment courses available,
414	as well as the availability of course offerings through the
415	Florida Virtual School. The 18 credits required for completion
416	of this program shall be primary requirements and shall be
417	distributed as follows:
418	1.  Four credits in English, with major concentration in
419	composition and literature;
420	2.  Three credits in mathematics at the Algebra I level or
421	higher from the list of courses that qualify for state
422	university admission;
423	3.  Three credits in natural science, two of which must
424	have a laboratory component;
425	4.  Three credits in social sciences, which must include
426	one credit in American history, one credit in world history,
427	one-half credit in American government, and one-half credit in
428	economics;
429	5.  Two credits in the same second language unless the
430	student is a native speaker of or can otherwise demonstrate
431	competency in a language other than English. If the student
432	demonstrates competency in another language, the student may
433	replace the language requirement with two credits in other
434	academic courses; and
435	6.  Three credits in electives; or
436	(c)  Completion of a 3-year career preparatory program
437	requiring successful completion of a minimum of 18 academic
438	credits in grades 9 through 12. The 18 credits shall be primary
439	requirements and shall be distributed as follows:
440	1.  Four credits in English, with major concentration in
441	composition and literature;
442	2.  Three credits in mathematics, one of which must be
443	Algebra I;
444	3.  Three credits in natural science, two of which must
445	have a laboratory component;
446	4.  Three credits in social sciences, which must include
447	one credit in American history, one credit in world history,
448	one-half credit in American government, and one-half credit in
449	economics;
450	5.  Three credits in a single vocational or career
451	education program, three credits in career and technical
452	certificate dual enrollment courses, or five credits in
453	vocational or career education courses; and
454	6.  Two credits in electives unless five credits are earned
455	pursuant to subparagraph 5.
456
457	Any student who selected an accelerated graduation program
458	before July 1, 2004, may continue that program, and all
459	statutory program requirements that were applicable when the
460	student made the program choice shall remain applicable to the
461	student as long as the student continues that program.
462	(6)  Students pursuing accelerated 3-year high school
463	graduation options pursuant to paragraph (1)(b) or paragraph
464	(1)(c) are required to:
465	(a)  Achieve successful overall academic performance based
466	on end-of-course examinations, grade point average, student
467	portfolios, and, if determined by the State Board of Education,
468	other measurable indicators of student progress. Earn passing
469	scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
470	standardized test that are concordant with passing scores on the
471	FCAT as defined in s. 1008.22(10).
472	(b)1.  Achieve a cumulative weighted grade point average of
473	3.5 on a 4.0 scale, or its equivalent, in the courses required
474	for the college preparatory accelerated 3-year high school
475	graduation option pursuant to paragraph (1)(b); or
476	2.  Achieve a cumulative weighted grade point average of
477	3.0 on a 4.0 scale, or its equivalent, in the courses required
478	for the career preparatory accelerated 3-year high school
479	graduation option pursuant to paragraph (1)(c).
480	(c)  Receive a weighted or unweighted grade that earns at
481	least 3.0 points, or its equivalent, to earn course credit
482	toward the 18 credits required for the college preparatory
483	accelerated 3-year high school graduation option pursuant to
484	paragraph (1)(b).
485	(d)  Receive a weighted or unweighted grade that earns at
486	least 2.0 points, or its equivalent, to earn course credit
487	toward the 18 credits required for the career preparatory
488	accelerated 3-year high school graduation option pursuant to
489	paragraph (1)(c).
490
491	Weighted grades referred to in paragraphs (b), (c), and (d)
492	shall be applied to those courses specifically listed or
493	identified by the department as rigorous pursuant to s.
494	1009.531(3) or weighted by the district school board for class
495	ranking purposes.
496	(7)  If, at the end of grade 10, a student is not on track
497	to meet the credit, assessment, or grade-point-average
498	requirements of the accelerated graduation option selected, the
499	school shall notify the student and parent of the following:
500	(c)  The right of the student to change to the 4-year
501	program set forth in s. 1003.428 or s. 1003.43.
502	(8)  A student who selected one of the accelerated 3-year
503	graduation options shall automatically move to the 4-year
504	program set forth in s. 1003.428 or s. 1003.43 if the student:
505	(a)  Exercises his or her right to change to the 4-year
506	program;
507	(b)  Fails to earn 5 credits by the end of grade 9 or fails
508	to earn 11 credits by the end of grade 10;
509	(c)  Does not achieve a passing score of 3 or higher on an
510	end-of-course examination in language arts the grade 10 FCAT
511	writing assessment; or
512	(d)  By the end of grade 11 does not meet the requirements
513	of subsections (1) and (6).
514	Section 7.  Subsections (1), (2), and (3) of section
515	1003.433, Florida Statutes, are amended to read:
516	1003.433  Learning opportunities for out-of-state and out-
517	of-country transfer students and students needing additional
518	instruction to meet high school graduation requirements.-
519	(1)  Students who enter a Florida public school at the
520	eleventh or twelfth grade from out of state or from a foreign
521	country shall not be required to spend additional time in a
522	Florida public school in order to meet the high school course
523	requirements if the student has met all requirements of the
524	school district, state, or country from which he or she is
525	transferring. Such students who are not proficient in English
526	should receive immediate and intensive instruction in English
527	language acquisition. However, to receive a standard high school
528	diploma, a transfer student must achieve successful overall
529	academic performance based on end-of-course examinations, earn a
530	2.0 or higher grade point average, student portfolios, and, if
531	determined by the State Board of Education, other measurable
532	indicators of student progress and pass the grade 10 FCAT
533	required in s. 1008.22(3) or an alternate assessment as
534	described in s. 1008.22(10).
535	(2)  Students who do not meet have met all requirements for
536	the standard high school diploma except for passage of the grade
537	10 FCAT or an alternate assessment by the end of grade 12 must
538	be provided the following learning opportunities:
539	(a)  Participation in an accelerated high school
540	equivalency diploma preparation program during the summer.
541	(b)  Upon receipt of a certificate of completion, be
542	allowed to take the College Placement Test and be admitted to
543	remedial or credit courses at a state community college, as
544	appropriate.
545	(c)  Participation in an adult general education program as
546	provided in s. 1004.93 for such time as the student requires to
547	master English, reading, mathematics, or any other subject
548	required for high school graduation. Students attending adult
549	basic, adult secondary, or vocational-preparatory instruction
550	are exempt from any requirement for the payment of tuition and
551	fees, including lab fees, pursuant to s. 1009.25. A student
552	attending an adult general education program shall have the
553	opportunity to take the grade 10 FCAT an unlimited number of
554	times in order to receive a standard high school diploma.
555	(3)  Students who have been enrolled in an ESOL program for
556	less than 2 school years and have not met all requirements for
557	the standard high school diploma except for passage of the grade
558	10 FCAT or alternate assessment may receive immersion English
559	language instruction during the summer following their senior
560	year. Students receiving such instruction are eligible to take
561	the FCAT or alternate assessment and receive a standard high
562	school diploma upon achievement of successful overall academic
563	performance pursuant to subsection (1) passage of the grade 10
564	FCAT or the alternate assessment. This subsection shall be
565	implemented to the extent funding is provided in the General
566	Appropriations Act.
567	Section 8.  Paragraph (k) of subsection (4) of section
568	1003.493, Florida Statutes, is amended to read:
569	1003.493  Career and professional academies.-
570	(4)  Each career and professional academy must:
571	(k)  Include an evaluation plan developed jointly with the
572	Department of Education and the local workforce board. The
573	evaluation plan must include an assessment tool based on
574	national industry standards, such as the Career Academy National
575	Standards of Practice, and outcome measures, including, but not
576	limited to, achievement of industry certifications, graduation
577	rates, enrollment in postsecondary education, business and
578	industry satisfaction, employment and earnings, awards of
579	postsecondary credit and scholarships, and end-of-course
580	examination FCAT achievement levels and learning gains. The
581	Department of Education shall use Workforce Florida, Inc., and
582	Enterprise Florida, Inc., in identifying industry experts to
583	participate in developing and implementing such assessments.
584	Section 9.  Paragraph (c) of subsection (6) of section
585	1007.35, Florida Statutes, is amended to read:
586	1007.35  Florida Partnership for Minority and
587	Underrepresented Student Achievement.-
588	(6)  The partnership shall:
589	(c)  Provide teacher training and materials that are
590	aligned with the Next Generation Sunshine State Standards and
591	are consistent with best theory and practice regarding multiple
592	learning styles and research on learning, instructional
593	strategies, instructional design, and classroom assessment.
594	Curriculum materials must be based on current, accepted, and
595	essential academic knowledge. Materials for prerequisite courses
596	should, at a minimum, address the skills assessed on the Florida
597	Comprehensive Assessment Test (FCAT).
598	Section 10.  Paragraph (a) of subsection (1), paragraphs
599	(c) and (g) of subsection (3), paragraphs (b) and (c) of
600	subsection (4), paragraph (a) of subsection (7), and subsections
601	(9) through (12) of section 1008.22, Florida Statutes, are
602	amended to read:
603	1008.22  Student assessment program for public schools.-
604	(1)  PURPOSE.-The primary purposes of the student
605	assessment program are to provide information needed to improve
606	the public schools by enhancing the learning gains of all
607	students and to inform parents of the educational progress of
608	their public school children. The program must be designed to:
609	(a)  Assess the annual learning gains of each student
610	toward achieving the Next Generation Sunshine State Standards
611	appropriate for the student's grade level.
612	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
613	design and implement a statewide program of educational
614	assessment that provides information for the improvement of the
615	operation and management of the public schools, including
616	schools operating for the purpose of providing educational
617	services to youth in Department of Juvenile Justice programs.
618	The commissioner may enter into contracts for the continued
619	administration of the assessment, testing, and evaluation
620	programs authorized and funded by the Legislature. Contracts may
621	be initiated in 1 fiscal year and continue into the next and may
622	be paid from the appropriations of either or both fiscal years.
623	The commissioner is authorized to negotiate for the sale or
624	lease of tests, scoring protocols, test scoring services, and
625	related materials developed pursuant to law. Pursuant to the
626	statewide assessment program, the commissioner shall:
627	(c)  Develop and implement a student achievement testing
628	program consisting of subject area assessments for students in
629	grades 3 through 5, subject area assessments and end-of-course
630	examinations for students in grades 6 through 12, and diagnostic
631	assessments for students in grades 6, 8, and 10 known as the
632	Florida Comprehensive Assessment Test (FCAT) as part of the
633	statewide assessment program to measure a student's content
634	knowledge and skills in language arts, reading, writing,
635	science, and mathematics, and other core and noncore subject
636	areas as determined by the State Board of Education. Subject
637	area assessments and end-of-course examinations Other content
638	areas may be included as directed by the commissioner.
639	Comprehensive assessments of reading and mathematics shall be
640	administered annually in grades 3 through 10. Comprehensive
641	assessments of writing and science shall be administered at
642	least once at the elementary, middle, and high school levels.
643	End-of-course assessments for a subject may be administered in
644	addition to the comprehensive assessments required for that
645	subject under this paragraph. An end-of-course assessment must
646	be rigorous, statewide, standardized, and developed or approved
647	by the department. The content knowledge and skills assessed by
648	comprehensive subject area assessments and end-of-course
649	examinations assessments must be aligned to the core curricular
650	content established in the Next Generation Sunshine State
651	Standards. The commissioner may select one or more nationally
652	developed comprehensive examinations, which may include, but
653	need not be limited to, examinations for a College Board
654	Advanced Placement course, International Baccalaureate course,
655	or Advanced International Certificate of Education course or
656	industry-approved examinations to earn national industry
657	certifications as defined in s. 1003.492, for use as end-of-
658	course examinations assessments under this paragraph, if the
659	commissioner determines that the content knowledge and skills
660	assessed by the examinations meet or exceed the grade level
661	expectations for the core curricular content established for the
662	course in the Next Generation Sunshine State Standards. The
663	commissioner may collaborate with the American Diploma Project
664	in the adoption or development of rigorous end-of-course
665	examinations assessments that are aligned to the Next Generation
666	Sunshine State Standards. The testing program must be designed
667	as follows:
668	1.  The tests shall measure student skills and competencies
669	adopted by the State Board of Education as specified in
670	paragraph (a). The tests must measure and report student
671	proficiency levels of all students assessed in reading, writing,
672	mathematics, and science. The commissioner shall provide for the
673	tests to be developed or obtained, as appropriate, through
674	contracts and project agreements with private vendors, public
675	vendors, public agencies, postsecondary educational
676	institutions, or school districts. The commissioner shall obtain
677	input with respect to the design and implementation of the
678	testing program from education stakeholders and experts, state
679	educators, assistive technology experts, and the public.
680	2.a.  The testing program shall be composed of criterion-
681	referenced tests that shall, to the extent determined by the
682	commissioner, include test items that require the student to
683	produce information or perform tasks in such a way that the core
684	content knowledge and skills he or she uses can be measured.
685	b.  Diagnostic assessments shall be given to students in
686	grades 6, 8, and 10 in language arts, mathematics, and science
687	content knowledge and skills and shall be used to keep students
688	on track to graduate from high school. The diagnostic
689	assessments shall be designed to identify specific academic
690	weaknesses in individual students and to provide specific
691	diagnostic information to help focus instruction most
692	effectively to meet the needs of individual students.
693	c.  To ensure that students are progressing and meeting
694	international benchmarks, the testing program may include use of
695	international assessments, including the Program for
696	International Student Assessment and the Trends in International
697	Mathematics and Science Study, as diagnostic tools.
698	3.  Beginning with the 2008-2009 school year, the
699	commissioner shall discontinue administration of the selected-
700	response test items on the comprehensive assessments of writing.
701	Beginning with the 2012-2013 school year, the comprehensive
702	assessments of writing shall be composed of a combination of
703	selected-response test items, short-response performance tasks,
704	and extended-response performance tasks, which shall measure a
705	student's content knowledge of writing, including, but not
706	limited to, paragraph and sentence structure, sentence
707	construction, grammar and usage, punctuation, capitalization,
708	spelling, parts of speech, verb tense, irregular verbs, subject-
709	verb agreement, and noun-pronoun agreement.
710	4.  A score shall be designated for each subject area
711	tested and end-of-course examination, below which score a
712	student's performance is deemed inadequate. The school districts
713	shall provide appropriate remedial instruction and intervention
714	services to students who score below these levels.
715	5.  Except as provided in s. 1003.428(8)(b) or s.
716	1003.43(11)(b), students must achieve successful overall
717	academic performance based partially on end-of-course
718	examinations earn a passing score on the grade 10 assessment
719	test described in this paragraph or attain concordant scores as
720	described in subsection (10) in reading, writing, and
721	mathematics to qualify for a standard high school diploma. The
722	State Board of Education shall designate a passing score for
723	each part of the grade 10 assessment test. In establishing
724	passing scores, the state board shall consider any possible
725	negative impact of the test on minority students. The State
726	Board of Education shall adopt rules which specify the passing
727	scores for end-of-course examinations the grade 10 FCAT. Any
728	such rules, which have the effect of raising the required
729	passing scores, shall apply only to students taking the grade 10
730	FCAT for the first time after such rules are adopted by the
731	State Board of Education.
732	6.  Participation in the testing program is mandatory for
733	all students attending public school, including students served
734	in Department of Juvenile Justice programs, except as otherwise
735	prescribed by the commissioner. If a student does not
736	participate in the statewide assessment, the district must
737	notify the student's parent and provide the parent with
738	information regarding the implications of such nonparticipation.
739	A parent must provide signed consent for a student to receive
740	classroom instructional accommodations that would not be
741	available or permitted on the statewide assessments and must
742	acknowledge in writing that he or she understands the
743	implications of such instructional accommodations. The State
744	Board of Education shall adopt rules, based upon recommendations
745	of the commissioner, for the provision of test accommodations
746	for students in exceptional education programs and for students
747	who have limited English proficiency. Accommodations that negate
748	the validity of a statewide assessment are not allowable in the
749	administration of subject area assessments and end-of-course
750	examinations the FCAT. However, instructional accommodations are
751	allowable in the classroom if included in a student's individual
752	education plan. Students using instructional accommodations in
753	the classroom that are not allowable as accommodations on end-
754	of-course examinations the FCAT may have end-of-course
755	examination requirements the FCAT requirement waived pursuant to
756	the requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
757	7.  A student seeking an adult high school diploma must
758	meet the same testing requirements that a regular high school
759	student must meet.
760	8.  District school boards must provide instruction to
761	prepare students to demonstrate proficiency in the core
762	curricular content established in the Next Generation Sunshine
763	State Standards adopted under s. 1003.41, including the core
764	content knowledge and skills necessary for successful grade-to-
765	grade progression and high school graduation. If a student is
766	provided with instructional accommodations in the classroom that
767	are not allowable as accommodations in the statewide assessment
768	program, as described in the test manuals, the district must
769	inform the parent in writing and must provide the parent with
770	information regarding the impact on the student's ability to
771	meet expected proficiency levels in reading, writing, and
772	mathematics. The commissioner shall conduct studies as necessary
773	to verify that the required core curricular content is part of
774	the district instructional programs.
775	9.  District school boards must provide opportunities for
776	students to demonstrate an acceptable level of performance on an
777	alternative standardized subject area assessment or end-of-
778	course examination approved by the State Board of Education
779	following enrollment in summer academies.
780	10.  The Department of Education must develop, or select,
781	and implement a common battery of assessment tools that will be
782	used in all juvenile justice programs in the state. These tools
783	must accurately measure the core curricular content established
784	in the Next Generation Sunshine State Standards.
785	11.  For students seeking a special diploma pursuant to s.
786	1003.438, the Department of Education must develop or select and
787	implement an alternate assessment tool that accurately measures
788	the core curricular content established in the Next Generation
789	Sunshine State Standards for students with disabilities under s.
790	1003.438.
791	12.  The Commissioner of Education shall establish
792	schedules for the administration of statewide assessments and
793	the reporting of student test results. The commissioner shall,
794	by August 1 of each year, notify each school district in writing
795	and publish on the department's Internet website the testing and
796	reporting schedules for, at a minimum, the school year following
797	the upcoming school year. The testing and reporting schedules
798	shall require that:
799	a.  There is the latest possible administration of
800	statewide subject area assessments and the earliest possible
801	reporting to the school districts of student test results which
802	is feasible within available technology and specific
803	appropriations; however, test results must be made available no
804	later than the final day of the regular school year for
805	students.
806	b.  Beginning with the 2010-2011 school year, a
807	comprehensive statewide assessment of writing is not
808	administered earlier than the week of March 1 and a
809	comprehensive statewide assessment of any other subject is not
810	administered earlier than the week of April 15.
811	c.  A statewide standardized end-of-course examination
812	assessment is administered within the last 2 weeks of the course
813	and test results are reported as soon as possible but no later
814	than the final day of the semester or regular school year, as
815	applicable.
816
817	The commissioner may, based on collaboration and input from
818	school districts, design and implement student testing programs,
819	for any grade level and subject area, necessary to effectively
820	monitor educational achievement in the state, including the
821	measurement of educational achievement of the Next Generation
822	Sunshine State Standards for students with disabilities.
823	Development and refinement of assessments shall include
824	universal design principles and accessibility standards that
825	will prevent any unintended obstacles for students with
826	disabilities while ensuring the validity and reliability of the
827	test. These principles should be applicable to all technology
828	platforms and assistive devices available for the assessments.
829	The field testing process and psychometric analyses for the
830	statewide assessment program must include an appropriate
831	percentage of students with disabilities and an evaluation or
832	determination of the effect of test items on such students.
833	(g)  Conduct ongoing analysis of the Study the cost and
834	student achievement impact of secondary end-of-course
835	examinations assessments, including web-based and performance
836	formats, and report such information to the Legislature prior to
837	implementation.
838	(4)  STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
839	ACTIVITIES.-Beginning with the 2008-2009 school year, a district
840	school board shall prohibit each public school from suspending a
841	regular program of curricula for purposes of administering
842	practice tests or engaging in other test-preparation activities
843	for a statewide assessment. However, a district school board may
844	authorize a public school to engage in the following test-
845	preparation activities for a statewide assessment:
846	(b)  Providing individualized instruction in test-taking
847	strategies, without suspending the school's regular program of
848	curricula, for a student who is identified through performance
849	on a subject area assessment or an end-of-course examination as
850	having a deficiency in test-taking skills scores at Level 1 or
851	Level 2 on a prior administration of the statewide assessment.
852	(c)  Providing individualized instruction in the content
853	knowledge and skills assessed, without suspending the school's
854	regular program of curricula, for a student who scores at Level
855	1 or Level 2 on a prior administration of the statewide
856	assessment or a student who, through a subject area assessment,
857	an end-of-course examination, or a diagnostic assessment
858	administered by the school district, is identified as having a
859	deficiency in the content knowledge and skills assessed.
860	(7)  REQUIRED ANALYSES.-The commissioner shall provide, at
861	a minimum, for the following analyses of data produced by the
862	student achievement testing program:
863	(a)  The statistical system for the annual assessments
864	shall use measures of student learning, such as subject area
865	assessments and end-of-course examinations the FCAT, to
866	determine teacher, school, and school district statistical
867	distributions, which shall be determined using available data
868	from the assessments and examinations the FCAT, and other data
869	collection as deemed appropriate by the Department of Education,
870	to measure the differences in student prior year achievement
871	compared to the current year achievement for the purposes of
872	accountability and recognition.
873	(9)  APPLICABILITY OF TESTING STANDARDS.-
874	(a)  If the Commissioner of Education revises a statewide
875	assessment and the revisions require the State Board of
876	Education to modify the assessment's proficiency levels or
877	modify the passing scores required for a standard high school
878	diploma, until the state board adopts the modifications by rule,
879	the commissioner shall use calculations for scoring the
880	assessment which adjust student scores on the revised assessment
881	for statistical equivalence to student scores on the former
882	assessment.
883	(b)  A student must attain the passing scores on the
884	statewide assessment required for a standard high school diploma
885	which are in effect at the time the student enters grade 9 if
886	the student's enrollment is continuous.
887	(c)  If the commissioner revises a statewide assessment and
888	the revisions require the State Board of Education to modify the
889	passing scores required for a standard high school diploma, the
890	commissioner may, with approval of the state board, discontinue
891	administration of the former assessment upon the graduation,
892	based on normal student progression, of students participating
893	in the final regular administration of the former assessment.
894	The state board shall adopt by rule passing scores for the
895	revised assessment which are statistically equivalent to passing
896	scores on the discontinued assessment for a student required
897	under paragraph (b) to attain passing scores on the discontinued
898	assessment.
899	(10)  CONCORDANT SCORES FOR THE FCAT.-
900	(a)  The State Board of Education shall analyze the content
901	and concordant data sets for widely used high school achievement
902	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
903	and College Placement Test, to assess if concordant scores for
904	FCAT scores can be determined for high school graduation,
905	college placement, and scholarship awards. In cases where
906	content alignment and concordant scores can be determined, the
907	Commissioner of Education shall adopt those scores as meeting
908	the graduation requirement in lieu of achieving the FCAT passing
909	score and may adopt those scores as being sufficient to achieve
910	additional purposes as determined by rule. Each time that test
911	content or scoring procedures change for the FCAT or for a high
912	school achievement test for which a concordant score is
913	determined, new concordant scores must be determined.
914	(b)  In order to use a concordant subject area score
915	pursuant to this subsection to satisfy the assessment
916	requirement for a standard high school diploma as provided in s.
917	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
918	take each subject area of the grade 10 FCAT a total of three
919	times without earning a passing score. The requirements of this
920	paragraph shall not apply to a new student who enters the
921	Florida public school system in grade 12, who may either achieve
922	a passing score on the FCAT or use an approved subject area
923	concordant score to fulfill the graduation requirement.
924	(c)  The State Board of Education may define by rule the
925	allowable uses, other than to satisfy the high school graduation
926	requirement, for concordant scores as described in this
927	subsection. Such uses may include, but need not be limited to,
928	achieving appropriate standardized test scores required for the
929	awarding of Florida Bright Futures Scholarships and college
930	placement.
931	(10)(11)  REPORTS.-The Department of Education shall
932	annually provide a report to the Governor, the President of the
933	Senate, and the Speaker of the House of Representatives on the
934	following:
935	(a)  Longitudinal performance of students in mathematics
936	and reading.
937	(b)  Longitudinal performance of students by grade level in
938	mathematics and reading.
939	(c)  Longitudinal performance regarding efforts to close
940	the achievement gap.
941	(d)  Other student performance data based on national norm-
942	referenced and criterion-referenced tests, when available, and
943	numbers of students who after 8th grade enroll in adult
944	education rather than other secondary education.
945	(11)(12)  RULES.-The State Board of Education shall adopt
946	rules pursuant to ss. 120.536(1) and 120.54 to implement the
947	provisions of this section.
948	Section 11.  Subsection (1), paragraph (b) of subsection
949	(2), subsections (3) and (4), paragraphs (b) and (c) of
950	subsection (5), paragraphs (b) and (c) of subsection (6),
951	paragraph (b) of subsection (7), and paragraphs (a) and (b) of
952	subsection (8) of section 1008.25, Florida Statutes, are amended
953	to read:
954	1008.25  Public school student progression; remedial
955	instruction; reporting requirements.-
956	(1)  INTENT.-It is the intent of the Legislature that each
957	student's progression from one grade to another be determined,
958	in part, upon proficiency in language arts reading, writing,
959	science, and mathematics; that district school board policies
960	facilitate such proficiency; and that each student and his or
961	her parent be informed of that student's academic progress.
962	(2)  COMPREHENSIVE PROGRAM.-Each district school board
963	shall establish a comprehensive program for student progression
964	which must include:
965	(b)  Specific levels of performance in language arts
966	reading, writing, science, and mathematics for each grade level,
967	including the levels of performance on statewide assessments as
968	defined by the commissioner, below which a student must receive
969	remediation or intervention services, or be retained within an
970	intensive program that is different from the previous year's
971	program and that takes into account the student's learning
972	style.
973	(3)  ALLOCATION OF RESOURCES.-District school boards shall
974	allocate remedial and supplemental instruction and intervention
975	resources to students in the following priority:
976	(a)  Students who are deficient in reading by the end of
977	grade 3.
978	(b)  Students who fail to meet performance levels required
979	for promotion consistent with the district school board's plan
980	for student progression required in paragraph (2)(b).
981	(4)  ASSESSMENT AND REMEDIATION.-
982	(a)  Each student must participate in the statewide
983	assessment program tests required by s. 1008.22. Each student
984	who does not meet specific levels of performance as determined
985	by the district school board in language arts reading, writing,
986	science, and mathematics for each grade level, or who scores
987	below Level 3 in reading or math, must be provided with
988	additional diagnostic assessments to determine the nature of the
989	student's difficulty, the areas of academic need, and strategies
990	for appropriate intervention and instruction as described in
991	paragraph (b).
992	(b)  The school in which the student is enrolled must
993	develop, in consultation with the student's parent, and must
994	implement a progress monitoring plan. A progress monitoring plan
995	is intended to provide the school district and the school
996	flexibility in meeting the academic needs of the student and to
997	reduce paperwork. A student who is not meeting the school
998	district or state requirements for proficiency in reading and
999	math shall be covered by one of the following plans to target
1000	instruction and identify ways to improve his or her academic
1001	achievement:
1002	1.  A federally required student plan such as an individual
1003	education plan;
1004	2.  A schoolwide system of progress monitoring for all
1005	students; or
1006	3.  An individualized progress monitoring plan.
1007
1008	The plan chosen must be designed to assist the student or the
1009	school in meeting state and district expectations for
1010	proficiency. If the student has been identified as having a
1011	deficiency in reading, the K-12 comprehensive reading plan
1012	required by s. 1011.62(9) shall include instructional and
1013	support services to be provided to meet the desired levels of
1014	performance. District school boards may require low-performing
1015	students to attend remediation or intervention programs held
1016	before or after regular school hours or during the summer if
1017	transportation is provided.
1018	(c)  Upon subsequent evaluation, if the documented
1019	deficiency has not been remediated, the student may be retained.
1020	Each student who does not meet the minimum performance
1021	expectations defined by the Commissioner of Education for the
1022	statewide assessment tests in language arts reading, writing,
1023	science, and mathematics must continue to be provided with
1024	remedial or supplemental instruction or intervention services
1025	until the expectations are met or the student graduates from
1026	high school or is not subject to compulsory school attendance.
1027	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.-
1028	(b)  Beginning with the 2002-2003 school year, If the
1029	student's reading deficiency, as identified in paragraph (a), is
1030	not remedied by the end of grade 3, as demonstrated by scoring
1031	at Level 2 or higher on the statewide subject area assessment
1032	test in reading for grade 3, the student may must be retained at
1033	the discretion of the principal after consultation with the
1034	student's teacher and parent.
1035	(c)  The parent of any student who exhibits a substantial
1036	deficiency in reading, as described in paragraph (a), must be
1037	notified in writing of the following:
1038	1.  That his or her child has been identified as having a
1039	substantial deficiency in reading.
1040	2.  A description of the current services that are provided
1041	to the child.
1042	3.  A description of the proposed supplemental
1043	instructional services and supports that will be provided to the
1044	child that are designed to remediate the identified area of
1045	reading deficiency.
1046	4.  That if the child's reading deficiency is not
1047	remediated by the end of grade 3, the child may must be retained
1048	unless he or she is exempt from mandatory retention for good
1049	cause.
1050	5.  Strategies for parents to use in helping their child
1051	succeed in reading proficiency.
1052	6.  That the statewide subject area assessment Florida
1053	Comprehensive Assessment Test (FCAT) is not the sole determiner
1054	of promotion and that additional evaluations, portfolio reviews,
1055	and assessments are available to the child to assist parents and
1056	the school district in knowing when a child is reading at or
1057	above grade level and ready for grade promotion.
1058	7.  The district's specific criteria and policies for
1059	midyear promotion. Midyear promotion means promotion of a
1060	retained student at any time during the year of retention once
1061	the student has demonstrated ability to read at grade level.
1062	(6)  ELIMINATION OF SOCIAL PROMOTION.-
1063	(b)  The district school board may promote students only
1064	exempt students from mandatory retention, as provided in
1065	paragraph (5)(b), for good cause. Students promoted for good
1066	cause may include, but are not limited to, exemptions shall be
1067	limited to the following:
1068	1.  Limited English proficient students who have had less
1069	than 2 years of instruction in an English for Speakers of Other
1070	Languages program.
1071	2.  Students with disabilities whose individual education
1072	plan indicates that participation in the statewide assessment
1073	program is not appropriate, consistent with the requirements of
1074	State Board of Education rule.
1075	3.  Students who demonstrate an acceptable level of
1076	performance on an alternative standardized reading assessment
1077	approved by the State Board of Education.
1078	4.  Students who demonstrate, through a student portfolio,
1079	that the student is reading on grade level as evidenced by
1080	demonstration of mastery of the Next Generation Sunshine State
1081	Standards in reading equal to at least a Level 2 performance on
1082	the FCAT.
1083	5.  Students with disabilities who participate in the FCAT
1084	and who have an individual education plan or a Section 504 plan
1085	that reflects that the student has received intensive
1086	remediation or intervention services in reading for more than 2
1087	years but still demonstrates a deficiency in reading and was
1088	previously retained in kindergarten, grade 1, grade 2, or grade
1089	3.
1090	6.  Students who have received intensive remediation or
1091	intervention services in reading for 2 or more years but still
1092	demonstrate a deficiency in reading and who were previously
1093	retained in kindergarten, grade 1, grade 2, or grade 3 for a
1094	total of 2 years. Intensive reading instruction or intervention
1095	services for students so promoted must include an altered
1096	instructional day that includes specialized diagnostic
1097	information and specific reading strategies for each student.
1098	The district school board shall assist schools and teachers to
1099	implement reading strategies that research has shown to be
1100	successful in improving reading among low-performing readers.
1101	(c)  Promotions for good cause Requests for good cause
1102	exemptions for students from the mandatory retention requirement
1103	as described in subparagraphs (b)3. and 4. shall be made
1104	consistent with the following:
1105	1.  Documentation shall be submitted from the student's
1106	teacher to the school principal that indicates that the
1107	promotion of the student is appropriate and is based upon the
1108	student's academic record. In order to minimize paperwork
1109	requirements, such documentation shall consist only of the
1110	existing progress monitoring plan, individual educational plan,
1111	if applicable, report card, or student portfolio.
1112	2.  The school principal shall review and discuss such
1113	recommendation with the teacher and make the determination as to
1114	whether the student should be promoted or retained. If the
1115	school principal determines that the student should be promoted,
1116	the school principal shall make such recommendation in writing
1117	to the district school superintendent. The district school
1118	superintendent shall accept or reject the school principal's
1119	recommendation in writing.
1120	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.-
1121	(b)  Beginning with the 2004-2005 school year, Each school
1122	district shall:
1123	1.  Conduct a review of student progress monitoring plans
1124	for all students who did not score above Level 1 on the reading
1125	portion of the FCAT and did not meet the criteria for one of the
1126	good cause exemptions in paragraph (6)(b). The review shall
1127	address additional supports and services, as described in this
1128	subsection, needed to remediate the identified areas of reading
1129	deficiency. The school district shall require a student
1130	portfolio to be completed for each such student.
1131	2.  Provide students who are retained under the provisions
1132	of paragraph (5)(b) with intensive instructional services and
1133	supports to remediate the identified areas of reading
1134	deficiency, including a minimum of 90 minutes of daily,
1135	uninterrupted, scientifically research-based reading instruction
1136	and other strategies prescribed by the school district, which
1137	may include, but are not limited to:
1138	a.  Small group instruction.
1139	b.  Reduced teacher-student ratios.
1140	c.  More frequent progress monitoring.
1141	d.  Tutoring or mentoring.
1142	e.  Transition classes containing 3rd and 4th grade
1143	students.
1144	f.  Extended school day, week, or year.
1145	g.  Summer reading camps.
1146	3.  Provide written notification to the parent of any
1147	student who is retained under the provisions of paragraph (5)(b)
1148	that his or her child has not met the proficiency level required
1149	for promotion and the reasons the child is not eligible for a
1150	good cause promotion exemption as provided in paragraph (6)(b).
1151	The notification must comply with the provisions of s.
1152	1002.20(15) and must include a description of proposed
1153	interventions and supports that will be provided to the child to
1154	remediate the identified areas of reading deficiency.
1155	4.  Implement a policy for the midyear promotion of any
1156	student retained under the provisions of paragraph (5)(b) who
1157	can demonstrate that he or she is a successful and independent
1158	reader, reading at or above grade level, and ready to be
1159	promoted to grade 4. Tools that school districts may use in
1160	reevaluating any student retained may include subsequent
1161	assessments, alternative assessments, and portfolio reviews, in
1162	accordance with rules of the State Board of Education. Students
1163	promoted during the school year after November 1 must
1164	demonstrate proficiency above that required to score at Level 2
1165	on the grade 3 FCAT, as determined by the State Board of
1166	Education. The State Board of Education shall adopt standards
1167	that provide a reasonable expectation that the student's
1168	progress is sufficient to master appropriate 4th grade level
1169	reading skills.
1170	5.  Provide students who are retained under the provisions
1171	of paragraph (5)(b) with a high-performing teacher as determined
1172	by student performance data and above-satisfactory performance
1173	appraisals.
1174	6.  In addition to required reading enhancement and
1175	acceleration strategies, provide parents of students to be
1176	retained with at least one of the following instructional
1177	options:
1178	a.  Supplemental tutoring in scientifically research-based
1179	reading services in addition to the regular reading block,
1180	including tutoring before and/or after school.
1181	b.  A "Read at Home" plan outlined in a parental contract,
1182	including participation in "Families Building Better Readers
1183	Workshops" and regular parent-guided home reading.
1184	c.  A mentor or tutor with specialized reading training.
1185	7.  Establish a Reading Enhancement and Acceleration
1186	Development (READ) Initiative. The focus of the READ Initiative
1187	shall be to prevent the retention of grade 3 students and to
1188	offer intensive accelerated reading instruction to grade 3
1189	students who failed to meet standards for promotion to grade 4
1190	and to each K-3 student who is assessed as exhibiting a reading
1191	deficiency. The READ Initiative shall:
1192	a.  Be provided to all K-3 students at risk of retention as
1193	identified by the statewide assessment system used in Reading
1194	First schools. The assessment must measure phonemic awareness,
1195	phonics, fluency, vocabulary, and comprehension.
1196	b.  Be provided during regular school hours in addition to
1197	the regular reading instruction.
1198	c.  Provide a state-identified reading curriculum that has
1199	been reviewed by the Florida Center for Reading Research at
1200	Florida State University and meets, at a minimum, the following
1201	specifications:
1202	(I)  Assists students assessed as exhibiting a reading
1203	deficiency in developing the ability to read at grade level.
1204	(II)  Provides skill development in phonemic awareness,
1205	phonics, fluency, vocabulary, and comprehension.
1206	(III)  Provides scientifically based and reliable
1207	assessment.
1208	(IV)  Provides initial and ongoing analysis of each
1209	student's reading progress.
1210	(V)  Is implemented during regular school hours.
1211	(VI)  Provides a curriculum in core academic subjects to
1212	assist the student in maintaining or meeting proficiency levels
1213	for the appropriate grade in all academic subjects.
1214	8.  Establish at each school, where applicable, an
1215	Intensive Acceleration Class for retained grade 3 students who
1216	subsequently score at Level 1 on the reading portion of the
1217	FCAT. The focus of the Intensive Acceleration Class shall be to
1218	increase a child's reading level at least two grade levels in 1
1219	school year. The Intensive Acceleration Class shall:
1220	a.  Be provided to any student in grade 3 who does not meet
1221	the proficiency level in reading required for promotion scores
1222	at Level 1 on the reading portion of the FCAT and who was
1223	retained in grade 3 the prior year because of inadequate
1224	proficiency in reading scoring at Level 1 on the reading portion
1225	of the FCAT.
1226	b.  Have a reduced teacher-student ratio.
1227	c.  Provide uninterrupted reading instruction for the
1228	majority of student contact time each day and incorporate
1229	opportunities to master the grade 4 Next Generation Sunshine
1230	State Standards in other core subject areas.
1231	d.  Use a reading program that is scientifically research-
1232	based and has proven results in accelerating student reading
1233	achievement within the same school year.
1234	e.  Provide intensive language and vocabulary instruction
1235	using a scientifically research-based program, including use of
1236	a speech-language therapist.
1237	f.  Include weekly progress monitoring measures to ensure
1238	progress is being made.
1239	g.  Report to the Department of Education, in the manner
1240	described by the department, the progress of students in the
1241	class at the end of the first semester.
1242	9.  Report to the State Board of Education, as requested,
1243	on the specific intensive reading interventions and supports
1244	implemented at the school district level. The Commissioner of
1245	Education shall annually prescribe the required components of
1246	requested reports.
1247	10.  Provide a student who has been retained in grade 3 and
1248	has received intensive instructional services but is still not
1249	ready for grade promotion, as determined by the school district,
1250	the option of being placed in a transitional instructional
1251	setting. Such setting shall specifically be designed to produce
1252	learning gains sufficient to meet grade 4 performance standards
1253	while continuing to remediate the areas of reading deficiency.
1254	(8)  ANNUAL REPORT.-
1255	(a)  In addition to the requirements in paragraph (5)(b),
1256	each district school board must annually report to the parent of
1257	each student the progress of the student toward achieving state
1258	and district expectations for proficiency in language arts
1259	reading, writing, science, and mathematics. The district school
1260	board must report to the parent the student's results on each
1261	statewide assessment test. The evaluation of each student's
1262	progress must be based upon the student's classroom work,
1263	observations, tests, district and state assessments, and other
1264	relevant information. Progress reporting must be provided to the
1265	parent in writing in a format adopted by the district school
1266	board.
1267	(b)  Each district school board must annually publish in
1268	the local newspaper, and report in writing to the State Board of
1269	Education by September 1 of each year, the following information
1270	on the prior school year:
1271	1.  The provisions of this section relating to public
1272	school student progression and the district school board's
1273	policies and procedures on student retention and promotion.
1274	2.  By grade, the number and percentage of all students in
1275	grades 3 through 12 10 performing below proficiency levels for
1276	the grade on statewide subject area assessments and end-of-
1277	course examinations in language arts, mathematics, and science
1278	at Levels 1 and 2 on the reading portion of the FCAT.
1279	3.  By grade, the number and percentage of all students
1280	retained in grades 3 through 12 10.
1281	4.  Information on the total number of students who were
1282	promoted for good cause, by each category of good cause as
1283	specified in paragraph (6)(b).
1284	5.  Any revisions to the district school board's policy on
1285	student retention and promotion from the prior year.
1286	Section 12.  Subsection (3) of section 1008.30, Florida
1287	Statutes, is amended to read:
1288	1008.30  Common placement testing for public postsecondary
1289	education.-
1290	(3)  The State Board of Education shall adopt rules that
1291	require high schools to evaluate before the beginning of grade
1292	12 the college readiness of each student who indicates an
1293	interest in postsecondary education and scores at Level 2 or
1294	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1295	Level 3, or Level 4 on the mathematics portion of the grade 10
1296	FCAT. High schools shall perform this evaluation using results
1297	from the corresponding component of the common placement test
1298	prescribed in this section, or an equivalent test identified by
1299	the State Board of Education. The Department of Education shall
1300	purchase or develop the assessments necessary to perform the
1301	evaluations required by this subsection and shall work with the
1302	school districts to administer the assessments. The State Board
1303	of Education shall establish by rule the minimum test scores a
1304	student must achieve to demonstrate readiness. Students who
1305	demonstrate readiness by achieving the minimum test scores
1306	established by the state board and enroll in a community college
1307	within 2 years of achieving such scores shall not be required to
1308	enroll in remediation courses as a condition of acceptance to
1309	any community college. The high school shall use the results of
1310	the test to advise the students of any identified deficiencies
1311	and to the maximum extent practicable provide 12th grade
1312	students access to appropriate remedial instruction prior to
1313	high school graduation. The remedial instruction provided under
1314	this subsection shall be a collaborative effort between
1315	secondary and postsecondary educational institutions. To the
1316	extent courses are available, the Florida Virtual School may be
1317	used to provide the remedial instruction required by this
1318	subsection.
1319	Section 13.  Paragraphs (b) and (c) of subsection (3) and
1320	subsection (4) of section 1008.34, Florida Statutes, are amended
1321	to read:
1322	1008.34  School grading system; school report cards;
1323	district grade.-
1324	(3)  DESIGNATION OF SCHOOL GRADES.-
1325	(b)1.  Beginning with the 2014-2015 school year for schools
1326	comprised of any combination of grades 3 through 8, 25 percent
1327	of the school grade shall be based on subject area assessment
1328	scores or end-of-course examination scores in core and noncore
1329	subjects administered under s. 1008.22, as applicable, and the
1330	remaining 75 percent on the following factors:
1331	a.  Student achievement scores, including achievement
1332	scores for students seeking a special diploma;
1333	b.  Student learning gains as measured by annual subject
1334	area assessments in grades 3 through 5 or end-of-course
1335	examinations in grades 6 through 8 and learning gains for
1336	students seeking a special diploma as measured by alternate
1337	assessment tools, if necessary;
1338	c.  Improvement of the lowest 25th percentile of students
1339	in the school on subject area assessments in grades 3 through 5
1340	or end-of-course examinations in grades 6 through 8, unless
1341	these students are exhibiting satisfactory performance;
1342	d.  The overall academic performance of the students in the
1343	school based on grade point average, student portfolios,
1344	readiness for grade promotion, and, if determined by the State
1345	Board of Education, other measurable indicators of student
1346	progress;
1347	e.  The growth or decline in the components listed in sub-
1348	subparagraphs a.-d. from year to year; and
1349	f.  The school's use of technology and innovative
1350	practices. A school's grade shall be based on a combination of:
1351	a.  Student achievement scores, including achievement
1352	scores for students seeking a special diploma.
1353	b.  Student learning gains as measured by annual FCAT
1354	assessments in grades 3 through 10; learning gains for students
1355	seeking a special diploma, as measured by an alternate
1356	assessment tool, shall be included not later than the 2009-2010
1357	school year.
1358	c.  Improvement of the lowest 25th percentile of students
1359	in the school in reading, mathematics, or writing on the FCAT,
1360	unless these students are exhibiting satisfactory performance.
1361	2.  Beginning with the 2014-2015 2009-2010 school year for
1362	schools comprised of high school grades 9, 10, 11, and 12, or
1363	grades 10, 11, and 12:
1364	a.  Fifty, 50 percent of the school grade shall be based on
1365	a combination of the following factors:
1366	(I)  Student achievement scores, including achievement
1367	scores for students seeking a special diploma;
1368	(II)  Student learning gains as measured by end-of-course
1369	examinations and learning gains for students seeking a special
1370	diploma as measured by alternate assessment tools, if necessary;
1371	and
1372	(III)  Improvement of the lowest 25th percentile of
1373	students in the school on end-of-course examinations, unless
1374	these students are exhibiting satisfactory performance. listed
1375	in sub-subparagraphs 1.a.-c. and
1376	b.  The remaining 50 percent of the school grade shall be
1377	based on the following factors:
1378	(I)a.  The high school graduation rate of the school;
1379	(II)b.  As valid data becomes available, the performance
1380	and participation of the school's students in College Board
1381	Advanced Placement courses, International Baccalaureate courses,
1382	dual enrollment courses, and Advanced International Certificate
1383	of Education courses; and the students' achievement of industry
1384	certification, as determined by the Agency for Workforce
1385	Innovation under s. 1003.492(2) in a career and professional
1386	academy, as described in s. 1003.493;
1387	(III)c.  Postsecondary readiness of the school's students
1388	as measured by the SAT, ACT, or the common placement test;
1389	(IV)d.  The high school graduation rate of at-risk students
1390	who did not meet proficiency levels scored at Level 2 or lower
1391	on the grade 8 end-of-course FCAT Reading and Mathematics
1392	examinations in language arts, mathematics, and science;
1393	(V)e.  As valid data becomes available, The performance of
1394	the school's students on statewide standardized end-of-course
1395	examinations assessments administered under s. 1008.22; and
1396	(VI)f.  The growth or decline in the components listed in
1397	sub-sub-subparagraphs (I)-(VI) sub-subparagraphs a.-e. from year
1398	to year.
1399	(c)  Student assessment data used in determining school
1400	grades shall include:
1401	1.  The aggregate scores of all eligible students enrolled
1402	in the school who have been assessed on subject area assessments
1403	or end-of-course examinations the FCAT.
1404	2.  The aggregate scores of all eligible students enrolled
1405	in the school who have been assessed on subject area assessments
1406	or end-of-course examinations the FCAT and who have scored at or
1407	in the lowest 25th percentile of students in the school in
1408	reading, mathematics, or writing, unless these students are
1409	exhibiting satisfactory performance.
1410	3.  Effective with the 2005-2006 school year, The subject
1411	area assessment achievement scores, end-of-course examination
1412	scores, and learning gains of eligible students attending
1413	alternative schools that provide dropout prevention and academic
1414	intervention services pursuant to s. 1003.53. The term "eligible
1415	students" in this subparagraph does not include students
1416	attending an alternative school who are subject to district
1417	school board policies for expulsion for repeated or serious
1418	offenses, who are in dropout retrieval programs serving students
1419	who have officially been designated as dropouts, or who are in
1420	programs operated or contracted by the Department of Juvenile
1421	Justice. The student performance data for eligible students
1422	identified in this subparagraph shall be included in the
1423	calculation of the home school's grade. As used in this section
1424	and s. 1008.341, the term "home school" means the school to
1425	which the student would be assigned if the student were not
1426	assigned to an alternative school. If an alternative school
1427	chooses to be graded under this section, student performance
1428	data for eligible students identified in this subparagraph shall
1429	not be included in the home school's grade but shall be included
1430	only in the calculation of the alternative school's grade. A
1431	school district that fails to assign the FCAT scores of each of
1432	its students to his or her home school or to the alternative
1433	school that receives a grade shall forfeit Florida School
1434	Recognition Program funds for 1 fiscal year. School districts
1435	must require collaboration between the home school and the
1436	alternative school in order to promote student success. This
1437	collaboration must include an annual discussion between the
1438	principal of the alternative school and the principal of each
1439	student's home school concerning the most appropriate school
1440	assignment of the student.
1441	4.  Beginning with the 2014-2015 2009-2010 school year for
1442	schools comprised of high school grades 9, 10, 11, and 12, or
1443	grades 10, 11, and 12, the data listed in subparagraphs 1.-3.
1444	and the following data as the Department of Education determines
1445	such data are valid and available:
1446	a.  The high school graduation rate of the school as
1447	calculated by the Department of Education;
1448	b.  The participation rate of all eligible students
1449	enrolled in the school and enrolled in College Board Advanced
1450	Placement courses; International Baccalaureate courses; dual
1451	enrollment courses; Advanced International Certificate of
1452	Education courses; and courses or sequence of courses leading to
1453	industry certification, as determined by the Agency for
1454	Workforce Innovation under s. 1003.492(2) in a career and
1455	professional academy, as described in s. 1003.493;
1456	c.  The aggregate scores of all eligible students enrolled
1457	in the school in College Board Advanced Placement courses,
1458	International Baccalaureate courses, and Advanced International
1459	Certificate of Education courses;
1460	d.  Earning of college credit by all eligible students
1461	enrolled in the school in dual enrollment programs under s.
1462	1007.271;
1463	e.  Earning of an industry certification, as determined by
1464	the Agency for Workforce Innovation under s. 1003.492(2) in a
1465	career and professional academy, as described in s. 1003.493;
1466	f.  The aggregate scores of all eligible students enrolled
1467	in the school in reading, mathematics, and other subjects as
1468	measured by the SAT, the ACT, and the common placement test for
1469	postsecondary readiness;
1470	g.  The high school graduation rate of all eligible at-risk
1471	students enrolled in the school who did not meet proficiency
1472	levels scored at Level 2 or lower on the grade 8 end-of-course
1473	examinations in language arts, mathematics, and science FCAT
1474	Reading and Mathematics examinations;
1475	h.  The performance of the school's students on statewide
1476	standardized end-of-course examinations assessments administered
1477	under s. 1008.22; and
1478	i.  The growth or decline in the data components listed in
1479	sub-subparagraphs a.-h. from year to year.
1480
1481	The State Board of Education shall adopt appropriate criteria
1482	for each school grade. The criteria must also give added weight
1483	to student achievement in language arts reading. Schools
1484	designated with a grade of "C," making satisfactory progress,
1485	shall be required to demonstrate that adequate progress has been
1486	made by students in the school who are in the lowest 25th
1487	percentile on subject area assessments or end-of-course
1488	examinations in language arts reading, mathematics, or science
1489	writing on the FCAT, unless these students are exhibiting
1490	satisfactory performance. Beginning with the 2014-2015 2009-2010
1491	school year for schools comprised of high school grades 9, 10,
1492	11, and 12, or grades 10, 11, and 12, the criteria for school
1493	grades must also give added weight to the graduation rate of all
1494	eligible at-risk students, as defined in this paragraph.
1495	Beginning in the 2014-2015 2009-2010 school year, in order for a
1496	high school to be designated as having a grade of "A," making
1497	excellent progress, the school must demonstrate that at-risk
1498	students, as defined in this paragraph, in the school are making
1499	adequate progress.
1500	(4)  SCHOOL IMPROVEMENT RATINGS.-The annual report shall
1501	identify each school's performance as having improved, remained
1502	the same, or declined. This school improvement rating shall be
1503	based on a comparison of the current year's and previous year's
1504	student and school performance data. Schools that improve at
1505	least one grade level are eligible for school recognition awards
1506	pursuant to s. 1008.36.
1507	Section 14.  Subsections (2) and (3) of section 1008.341,
1508	Florida Statutes, are amended to read:
1509	1008.341  School improvement rating for alternative
1510	schools.-
1511	(2)  SCHOOL IMPROVEMENT RATING.-An alternative school that
1512	provides dropout prevention and academic intervention services
1513	pursuant to s. 1003.53 shall receive a school improvement rating
1514	pursuant to this section. However, an alternative school shall
1515	not receive a school improvement rating if the number of its
1516	students for whom student performance data is available for the
1517	current year and previous year is less than the minimum sample
1518	size necessary, based on accepted professional practice, for
1519	statistical reliability and prevention of the unlawful release
1520	of personally identifiable student data under s. 1002.22 or 20
1521	U.S.C. s. 1232g. The school improvement rating shall identify an
1522	alternative school as having one of the following ratings
1523	defined according to rules of the State Board of Education:
1524	(a)  "Improving" means the students attending the school
1525	are making more academic progress than when the students were
1526	served in their home schools.
1527	(b)  "Maintaining" means the students attending the school
1528	are making progress equivalent to the progress made when the
1529	students were served in their home schools.
1530	(c)  "Declining" means the students attending the school
1531	are making less academic progress than when the students were
1532	served in their home schools.
1533
1534	The school improvement rating shall be based on a comparison of
1535	student performance data for the current year and previous year.
1536	Schools that improve at least one level or maintain an
1537	"improving" rating pursuant to this section are eligible for
1538	school recognition awards pursuant to s. 1008.36.
1539	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1540	used in determining an alternative school's school improvement
1541	rating shall include:
1542	(a)  The aggregate scores of all eligible students who were
1543	assigned to and enrolled in the school during the October or
1544	February FTE count, who have been assessed on subject area
1545	assessments in grades 3 through 5 or end-of-course examinations
1546	in grades 6 through 12 the FCAT, and who have FCAT or comparable
1547	scores for the preceding school year.
1548	(b)  The aggregate scores of all eligible students who were
1549	assigned to and enrolled in the school during the October or
1550	February FTE count, who have been assessed on subject area
1551	assessments in grades 3 through 5 or end-of-course examinations
1552	in grades 6 through 12, the FCAT and who have scored in the
1553	lowest 25th percentile of students in the state on FCAT Reading.
1554	(c)  The overall academic performance of all eligible
1555	students in grades 3 through 12 based on grade point average,
1556	student portfolios, readiness for grade promotion, readiness for
1557	postsecondary education and careers, and, if determined by the
1558	State Board of Education, other measurable indicators of student
1559	progress.
1560
1561	The assessment scores of students who are subject to district
1562	school board policies for expulsion for repeated or serious
1563	offenses, who are in dropout retrieval programs serving students
1564	who have officially been designated as dropouts, or who are in
1565	programs operated or contracted by the Department of Juvenile
1566	Justice may not be included in an alternative school's school
1567	improvement rating.
1568	Section 15.  Paragraph (b) of subsection (7) of section
1569	1008.345, Florida Statutes, is amended to read:
1570	1008.345  Implementation of state system of school
1571	improvement and education accountability.-
1572	(7)
1573	(b)  Schools that have improved at least two grades and
1574	that meet the criteria of the Florida School Recognition Program
1575	pursuant to s. 1008.36 may be given deregulated status as
1576	specified in s. 1003.63(5), (7), (8), (9), and (10).
1577	Section 16.  Section 1008.36, Florida Statutes, is amended
1578	to read:
1579	1008.36  Every Child Matters Program Florida School
1580	Recognition Program.-
1581	(1)  The Legislature finds that in order to provide every
1582	student enrolled in K-12 public schools with the opportunity to
1583	achieve a successful public education, academic problems must be
1584	identified early, with remediation and intervention services to
1585	follow there is a need for a performance incentive program for
1586	outstanding faculty and staff in highly productive schools. The
1587	Legislature further finds that performance-based incentives are
1588	commonplace in the private sector and should be infused into the
1589	public sector as a reward for productivity.
1590	(2)  The Every Child Matters Program Florida School
1591	Recognition Program is created to provide financial awards to
1592	public schools that:
1593	(a)  A curriculum-based, year-round measurement of academic
1594	performance for all public school students enrolled in
1595	kindergarten through grade 12. Sustain high performance by
1596	receiving a school grade of "A," making excellent progress; or
1597	(b)  Remediation and intervention services to all public
1598	school students enrolled in kindergarten through grade 12 who
1599	are not meeting grade-level performance expectations.
1600	Demonstrate exemplary improvement due to innovation and effort
1601	by improving at least one letter grade or by improving more than
1602	one letter grade and sustaining the improvement the following
1603	school year.
1604	(3)  All public schools, including charter schools, that
1605	receive a school grade pursuant to s. 1008.34 are eligible to
1606	participate in the program.
1607	(4)  All selected schools shall receive financial
1608	assistance awards depending on the availability of funds
1609	appropriated and the number and size of schools selected to
1610	receive an award. Funds must be distributed to the school's
1611	fiscal agent and placed in the school's account and must be used
1612	for purposes listed in subsection (5) as determined jointly by
1613	the school's staff and school advisory council. If school staff
1614	and the school advisory council cannot reach agreement by
1615	November 1, the awards must be equally distributed to all
1616	classroom teachers currently teaching in the school.
1617	(5)  Every Child Matters Program funds School recognition
1618	awards must be used for the following:
1619	(a)  Administration of a regular formative assessment
1620	approved by the State Board of Education Nonrecurring bonuses to
1621	the faculty and staff;
1622	(b)  Nonrecurring expenditures for remediation of low-
1623	performing students, including remediation programs and
1624	intervention services adopted and administered by the Department
1625	of Education;
1626	(c)(b)  Nonrecurring expenditures for educational equipment
1627	or materials to assist in the remediation of low-performing
1628	students; maintaining and improving student performance; or
1629	(d)(c)  Temporary personnel for the school to assist in the
1630	remediation of low-performing students; maintaining and
1631	improving student performance.
1632	(e)  Contracts with private sector participants to provide
1633	remediation services if 90 percent of the personnel providing
1634	services reside in the state and the contracts include
1635	requirements to ensure that the private sector participants are
1636	accountable for performance; or
1637	(f)  Transportation of students pursuant to s. 1002.31(3).
1638	(6)  The Department of Education shall provide training and
1639	informational resources for educators to administer the
1640	formative assessment pursuant to paragraph (5)(a) and shall be
1641	responsible for developing and implementing provisions for the
1642	collection and analysis of the assessment data.
1643	(7)  The Department of Education shall establish policies
1644	and procedures for the development of individual education plans
1645	for low-performing students who receive remediation and
1646	intervention services pursuant to this section.
1647
1648	Notwithstanding statutory provisions to the contrary, incentive
1649	awards are not subject to collective bargaining.
1650	Section 17.  Paragraph (b) of subsection (1) of section
1651	1009.531, Florida Statutes, is amended to read:
1652	1009.531  Florida Bright Futures Scholarship Program;
1653	student eligibility requirements for initial awards.-
1654	(1)  Effective January 1, 2008, in order to be eligible for
1655	an initial award from any of the three types of scholarships
1656	under the Florida Bright Futures Scholarship Program, a student
1657	must:
1658	(b)  Earn a standard Florida high school diploma or its
1659	equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
1660	or s. 1003.435 unless:
1661	1.  The student completes a home education program
1662	according to s. 1002.41; or
1663	2.  The student earns a high school diploma from a non-
1664	Florida school while living with a parent or guardian who is on
1665	military or public service assignment away from Florida.
1666	Section 18.  Paragraph (d) of subsection (7) and paragraph
1667	(c) of subsection (9) of section 1011.62, Florida Statutes, are
1668	amended to read:
1669	1011.62  Funds for operation of schools.-If the annual
1670	allocation from the Florida Education Finance Program to each
1671	district for operation of schools is not determined in the
1672	annual appropriations act or the substantive bill implementing
1673	the annual appropriations act, it shall be determined as
1674	follows:
1675	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1676	(d)  Each district's allocation of sparsity supplement
1677	funds shall be adjusted in the following manner:
1678	1.  A maximum discretionary levy per FTE value for each
1679	district shall be calculated by dividing the value of each
1680	district's maximum discretionary levy by its FTE student count.
1681	2.  A state average discretionary levy value per FTE shall
1682	be calculated by dividing the total maximum discretionary levy
1683	value for all districts by the state total FTE student count.
1684	3.  A total potential funds per FTE for each district shall
1685	be calculated by dividing the total potential funds, not
1686	including Every Child Matters Program Florida School Recognition
1687	Program funds and the minimum guarantee, for each district by
1688	its FTE student count.
1689	4.  A state average total potential funds per FTE shall be
1690	calculated by dividing the total potential funds, not including
1691	Every Child Matters Program Florida School Recognition Program
1692	funds and the minimum guarantee, for all districts by the state
1693	total FTE student count.
1694	5.  For districts that have a levy value per FTE as
1695	calculated in subparagraph 1. higher than the state average
1696	calculated in subparagraph 2., a sparsity wealth adjustment
1697	shall be calculated as the product of the difference between the
1698	state average levy value per FTE calculated in subparagraph 2.
1699	and the district's levy value per FTE calculated in subparagraph
1700	1. and the district's FTE student count and -1. However, no
1701	district shall have a sparsity wealth adjustment that, when
1702	applied to the total potential funds calculated in subparagraph
1703	3., would cause the district's total potential funds per FTE to
1704	be less than the state average calculated in subparagraph 4.
1705	6.  Each district's sparsity supplement allocation shall be
1706	calculated by adding the amount calculated as specified in
1707	paragraphs (a) and (b) and the wealth adjustment amount
1708	calculated in this paragraph.
1709	(9)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.-
1710	(c)  Funds allocated under this subsection must be used to
1711	provide a system of comprehensive reading instruction to
1712	students enrolled in the K-12 programs, which may include the
1713	following:
1714	1.  The provision of highly qualified reading coaches.
1715	2.  Professional development for school district teachers
1716	in scientifically based reading instruction, including
1717	strategies to teach reading in content areas and with an
1718	emphasis on technical and informational text.
1719	3.  The provision of summer reading camps for students who
1720	are reading below grade level score at Level 1 on FCAT Reading.
1721	4.  The provision of supplemental instructional materials
1722	that are grounded in scientifically based reading research.
1723	5.  The provision of intensive interventions for middle and
1724	high school students reading below grade level.
1725	Section 19.  Paragraph (b) of subsection (1) of section
1726	1012.22, Florida Statutes, is amended to read:
1727	1012.22  Public school personnel; powers and duties of the
1728	district school board.-The district school board shall:
1729	(1)  Designate positions to be filled, prescribe
1730	qualifications for those positions, and provide for the
1731	appointment, compensation, promotion, suspension, and dismissal
1732	of employees as follows, subject to the requirements of this
1733	chapter:
1734	(b)  Time to act on nominations.-The district school board
1735	shall act not later than 3 weeks following the receipt of FCAT
1736	scores and data, including school grades, or June 30, whichever
1737	is later, on the district school superintendent's nominations of
1738	supervisors, principals, and members of the instructional staff.
1739	Section 20.  (1)  Effective upon this act becoming a law,
1740	the Commissioner of Education shall appoint a public school
1741	assessment and accountability alignment committee to develop:
1742	(a)  Standards for a revised statewide student assessment
1743	program under s. 1008.22, Florida Statutes, consisting of
1744	subject area assessments for students in grades 3 through 5,
1745	subject area assessments and end-of-course examinations in core
1746	and noncore subject areas for students in grades 6 through 12,
1747	and diagnostic assessments for students in grades 6, 8, and 10.
1748	(b)  Procedures for transitioning elementary schools from
1749	the use of the Florida Comprehensive Assessment Test to the use
1750	of subject area assessments and procedures for transitioning
1751	middle schools and high schools from the use of the Florida
1752	Comprehensive Assessment Test to the use of subject area
1753	assessments and end-of-course examinations.
1754	(c)  Standards for revised formulas for determining school
1755	grades and school improvement ratings under ss. 1008.34 and
1756	1008.341, Florida Statutes.
1757	(2)  The committee shall align the components of the
1758	revised statewide student assessment program to best prepare
1759	students to progress from one grade to the next and to
1760	postsecondary education or careers after high school.
1761	(3)  To ensure that the alignment committee represents a
1762	cross-section of education stakeholders, it shall be composed of
1763	individuals from:
1764	(a)  The education community, including, but not limited
1765	to, teachers and administrators representing elementary,
1766	secondary, and higher education.
1767	(b)  Education associations, including, but not limited to,
1768	associations for teachers, school administrators, and district
1769	school boards.
1770	(c)  State government and local government.
1771	(d)  The business community.
1772	(e)  Independent education researchers or experts.
1773	(4)  Members of the alignment committee shall serve without
1774	compensation but may be reimbursed for per diem and travel
1775	expenses in accordance with s. 112.061, Florida Statutes.
1776	(5)  The alignment committee may conduct public hearings
1777	around the state to obtain public input for the development of a
1778	revised statewide student assessment program and formulas for
1779	determining school grades and school improvement ratings.
1780	(6)(a)  By August 1, 2010, the alignment committee shall
1781	begin work on the following:
1782	1.  Developing new subject area assessments for students in
1783	grades 3 through 5, subject area assessments and end-of-course
1784	examinations for students in grades 6 through 12, and diagnostic
1785	assessments for students in grades 6, 8, and 10.
1786	2.  Transitioning to a revised method for determining
1787	school grades and school improvement ratings based on factors
1788	that include subject area assessments, end-of-course
1789	examinations, overall student academic performance, and a
1790	school's use of technology and innovative practices.
1791	(b)  By August 1, 2013:
1792	1.  The State Board of Education shall adopt rules pursuant
1793	to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
1794	revised statewide student assessment program and school grading
1795	system as part of the state's public school assessment and
1796	accountability system beginning with the 2014-2015 school year.
1797	2.  The Department of Education and school districts shall
1798	begin training and professional development for teachers, school
1799	administrators, and other educational personnel in use of the
1800	new subject area assessments, end-of-course examinations, and
1801	diagnostic assessments.
1802	(7)  The alignment committee shall expire upon completion
1803	of its activities but no later than August 1, 2013.
1804	Section 21.  Except as otherwise expressly provided in this
1805	act, this act shall take effect July 1, 2014.

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