CS/HB 7053

1	A bill to be entitled
2	An act relating to public school assessments; amending s.
3	1003.25, F.S.; requiring the State Board of Education to
4	establish uniform procedures for the acceptance of student
5	credits and grades according to certain criteria; amending
6	s. 1003.413, F.S., relating to secondary school redesign,
7	to delete obsolete provisions and to conform to changes
8	made by the act; amending s. 1003.4156, F.S.; revising
9	requirements for middle grades promotion; providing that
10	successful completion of a high school level Algebra I,
11	geometry, or Biology I course is not contingent upon a
12	student's performance on the end-of-course assessment;
13	requiring a student to pass the end-of-course assessment
14	to earn high school credit for such courses beginning with
15	specified school years; specifying information that must
16	be provided to students as part of the personalized
17	academic and career plan; amending s. 1003.428, F.S.;
18	revising requirements for high school graduation;
19	requiring credit in an online course; requiring students
20	entering grade 9 in specified school years to meet end-of-
21	course assessment requirements and revised credit
22	requirements in mathematics and science for high school
23	graduation; requiring district school board standards for
24	grades in certain courses; providing for waiver of end-of-
25	course assessment results for the purpose of receiving a
26	course grade and credit for students with disabilities;
27	amending s. 1003.429, F.S.; revising requirements for
28	accelerated high school graduation options; updating
29	cross-references; requiring credit in an online course;
30	requiring students entering grade 9 in specified school
31	years to meet end-of-course assessment requirements and
32	revised credit requirements in mathematics and science for
33	high school graduation; requiring district school board
34	standards for grades in certain courses; creating s.
35	1003.4295, F.S.; requiring high schools to advise students
36	of, and offer, acceleration opportunities; establishing
37	the Credit Acceleration Program to allow a secondary
38	student who is not enrolled in or has not completed a
39	course to earn credit if certain requirements are met;
40	amending s. 1003.437, F.S.; revising the middle and high
41	school grading system as it relates to grades for a high
42	school student who fails an end-of-course assessment;
43	amending s. 1003.493, F.S., relating to career and
44	professional academies; clarifying provisions relating to
45	industry certifications; conforming provisions to changes
46	made by the act; amending s. 1007.35, F.S., relating to
47	the Florida Partnership for Minority and Underrepresented
48	Student Achievement, to conform to changes made by the
49	act; amending s. 1008.22, F.S.; revising the statewide
50	student achievement testing program; requiring the
51	administration of certain FCAT Mathematics and FCAT
52	Science assessments to be discontinued beginning in
53	specified school years; providing requirements for
54	administration of, and student performance on, statewide,
55	standardized end-of-course assessments in mathematics and
56	science beginning with students entering grade 9 in
57	specified school years; clarifying provisions relating to
58	industry certifications; providing for establishment of an
59	implementation schedule to develop and administer end-of-
60	course assessments in certain courses; requiring
61	evaluation and reporting of transition to specified end-
62	of-course assessments; deleting certain requirements
63	relating to the assessment of writing; requiring the use
64	of scaled scores and achievement levels for measuring a
65	student's knowledge and skills; requiring the State Board
66	of Education to designate passing scores for end-of-course
67	assessments and scores that indicate high achievement;
68	providing requirements for retaking specified assessments;
69	providing for waiver of end-of-course assessment
70	requirements for students in exceptional education
71	programs and students who have limited English
72	proficiency; revising provisions relating to testing and
73	reporting schedules; conforming provisions and cross-
74	references; deleting certain uses of concordant scores for
75	the FCAT; deleting retake requirements for the use of
76	concordant scores; authorizing the Commissioner of
77	Education to adopt equivalent scores for end-of-course
78	assessments; providing requirements for use of equivalent
79	scores; amending s. 1008.25, F.S., relating to public
80	school student progression, to conform to changes made by
81	the act; amending s. 1008.30, F.S., relating to the common
82	placement test, to conform to changes made by the act;
83	amending s. 1008.34, F.S.; revising provisions that
84	specify the basis for determining school grades to include
85	student performance on end-of-course assessments and to
86	conform provisions to current FCAT assessments; clarifying
87	provisions relating to industry certifications; amending
88	s. 1008.341, F.S.; revising provisions that specify the
89	basis for determining an alternative school's school
90	improvement rating to include student performance on end-
91	of-course assessments; amending s. 1008.36, F.S.; revising
92	provisions relating to the use of school recognition
93	awards; providing an effective date.
94
95	Be It Enacted by the Legislature of the State of Florida:
96
97	Section 1.  Subsection (3) of section 1003.25, Florida
98	Statutes, is amended to read:
99	1003.25  Procedures for maintenance and transfer of student
100	records.-
101	(3)  The State Board of Education shall establish, by rule,
102	uniform procedures relating to the acceptance of credits and
103	grades earned by students entering Florida's public schools.
104	Credits and grades earned in courses, including those courses
105	that in Florida would require a statewide, standardized end-of-
106	course assessment under s. 1008.22(3)(c)2., shall be accepted at
107	face value if based on official transcripts and subject to
108	validation procedures established by rule transfer work and
109	credit for students shall be prescribed by rule by the State
110	Board of Education.
111	Section 2.  Paragraph (d) of subsection (3) and subsections
112	(4) and (5) of section 1003.413, Florida Statutes, are amended
113	to read:
114	1003.413  Florida Secondary School Redesign Act.-
115	(3)  Based on these guiding principles, district school
116	boards shall establish policies to implement the requirements of
117	ss. 1003.4156, 1003.428, and 1003.493. The policies must
118	address:
119	(d)  Credit recovery courses and intensive reading and
120	mathematics intervention courses based on student performance on
121	the FCAT Reading and FCAT Mathematics. These courses should be
122	competency based and offered through innovative delivery
123	systems, including computer-assisted instruction. School
124	districts should use learning gains as well as other appropriate
125	data and provide incentives to identify and reward high-
126	performing teachers who teach credit recovery and intensive
127	intervention courses.
128	(4)  In order to support the successful implementation of
129	this section by district school boards, the Department of
130	Education shall:
131	(a)  By February 1, 2007, increase the number of approved
132	applied, integrated, and combined courses available to school
133	districts.
134	(b)  By the beginning of the 2006-2007 school year, make
135	available a professional development package designed to provide
136	the information that content area teachers need to become
137	proficient in applying scientifically based reading strategies
138	through their content areas.
139	(a)(c)  Share best practices for providing a complete
140	education program to students enrolled in course recovery,
141	credit recovery, intensive reading intervention, or intensive
142	mathematics intervention.
143	(b)(d)  Expedite assistance and decisions and coordinate
144	policies throughout all divisions within the department to
145	provide school districts with support to implement this section.
146	(e)  Use data to provide the Legislature with an annual
147	longitudinal analysis of the success of this reform effort,
148	including the progress of 6th grade students and 9th grade
149	students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
150	(5)  The Commissioner of Education shall create and
151	implement the Secondary School Improvement Award Program to
152	reward public secondary schools that demonstrate continuous
153	student academic improvement and show the greatest gains in
154	student academic achievement in reading and mathematics.
155	Section 3.  Paragraph (a) of subsection (1) of section
156	1003.4156, Florida Statutes, is amended to read:
157	1003.4156  General requirements for middle grades
158	promotion.-
159	(1)  Beginning with students entering grade 6 in the 2006-
160	2007 school year, promotion from a school composed of middle
161	grades 6, 7, and 8 requires that:
162	(a)  The student must successfully complete academic
163	courses as follows:
164	1.  Three middle school or higher courses in English. These
165	courses shall emphasize literature, composition, and technical
166	text.
167	2.  Three middle school or higher courses in mathematics.
168	Each middle school must offer at least one high school level
169	mathematics course for which students may earn high school
170	credit. Successful completion of a high school level Algebra I
171	or geometry course is not contingent upon the student's
172	performance on the end-of-course assessment required under s.
173	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
174	school year, to earn high school credit for an Algebra I course,
175	a middle school student must pass the Algebra I end-of-course
176	assessment and, beginning with the 2012-2013 school year, to
177	earn high school credit for a geometry course, a middle school
178	student must pass the geometry end-of-course assessment.
179	3.  Three middle school or higher courses in social
180	studies, one semester of which must include the study of state
181	and federal government and civics education.
182	4.  Three middle school or higher courses in science.
183	Successful completion of a high school level Biology I course is
184	not contingent upon the student's performance on the end-of-
185	course assessment required under s. 1008.22(3)(c)2.a.(II).
186	However, beginning with the 2012-2013 school year, to earn high
187	school credit for a Biology I course, a middle school student
188	must pass the Biology I end-of-course assessment.
189	5.  One course in career and education planning to be
190	completed in 7th or 8th grade. The course may be taught by any
191	member of the instructional staff; must include career
192	exploration using Florida CHOICES for the 21st Century or a
193	comparable cost-effective program; must include educational
194	planning using the online student advising system known as
195	Florida Academic Counseling and Tracking for Students at the
196	Internet website FACTS.org; and shall result in the completion
197	of a personalized academic and career plan. The required
198	personalized academic and career plan must inform students of
199	high school graduation requirements, high school assessment and
200	college entrance test requirements, Florida Bright Futures
201	Scholarship Program requirements, state university and Florida
202	college admission requirements, and opportunities through which
203	a high school student can earn college credit, including
204	Advanced Placement, International Baccalaureate, Advanced
205	International Certificate of Education, dual enrollment, career
206	academy courses, and programs that lead to national industry
207	certification.
208
209	Each school must hold a parent meeting either in the evening or
210	on a weekend to inform parents about the course curriculum and
211	activities. Each student shall complete an electronic personal
212	education plan that must be signed by the student; the student's
213	instructor, guidance counselor, or academic advisor; and the
214	student's parent. By January 1, 2007, The Department of
215	Education shall develop course frameworks and professional
216	development materials for the career exploration and education
217	planning course. The course may be implemented as a stand-alone
218	course or integrated into another course or courses. The
219	Commissioner of Education shall collect longitudinal high school
220	course enrollment data by student ethnicity in order to analyze
221	course-taking patterns.
222	Section 4.  Subsections (1) and (2), paragraph (a) of
223	subsection (4), and paragraph (b) of subsection (8) of section
224	1003.428, Florida Statutes, are amended to read:
225	1003.428  General requirements for high school graduation;
226	revised.-
227	(1)  Except as otherwise authorized pursuant to s.
228	1003.429, beginning with students entering grade 9 their first
229	year of high school in the 2007-2008 school year, graduation
230	requires the successful completion of a minimum of 24 credits,
231	an International Baccalaureate curriculum, or an Advanced
232	International Certificate of Education curriculum. Students must
233	be advised of eligibility requirements for state scholarship
234	programs and postsecondary admissions.
235	(2)  The 24 credits may be earned through applied,
236	integrated, and combined courses approved by the Department of
237	Education. Beginning with students entering grade 9 in the 2013-
238	2014 school year, one of the 24 credits must contain online
239	learning. This requirement shall be met through an online course
240	offered by the Florida Virtual School, through a course offered
241	by the high school that significantly integrates online content,
242	or through an online dual enrollment course offered pursuant to
243	a district interinstitutional articulation agreement under s.
244	1007.235. A student who is enrolled in a full-time virtual
245	instruction program under s. 1002.45 meets this requirement. The
246	24 credits and shall be distributed as follows:
247	(a)  Sixteen core curriculum credits:
248	1.  Four credits in English, with major concentration in
249	composition, reading for information, and literature.
250	2.  Four credits in mathematics, one of which must be
251	Algebra I, a series of courses equivalent to Algebra I, or a
252	higher-level mathematics course. Beginning with students
253	entering grade 9 in the 2010-2011 school year, in addition to
254	the Algebra I credit requirement, one of the four credits in
255	mathematics must be geometry or a series of courses equivalent
256	to geometry as approved by the State Board of Education.
257	Beginning with students entering grade 9 in the 2010-2011 school
258	year, the end-of-course assessment requirements under s.
259	1008.22(3)(c)2.a.(I) must be met in order for a student to earn
260	the required credit in Algebra I. Beginning with students
261	entering grade 9 in the 2011-2012 school year, the end-of-course
262	assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
263	met in order for a student to earn the required credit in
264	geometry. Beginning with students entering grade 9 in the 2012-
265	2013 school year, in addition to the Algebra I and geometry
266	credit requirements, one of the four credits in mathematics must
267	be Algebra II or a series of courses equivalent to Algebra II as
268	approved by the State Board of Education. School districts are
269	encouraged to set specific goals to increase enrollments in, and
270	successful completion of, geometry and Algebra II.
271	3.  Three credits in science, two of which must have a
272	laboratory component. Beginning with students entering grade 9
273	in the 2011-2012 school year, one of the three credits in
274	science must be Biology I or a series of courses equivalent to
275	Biology I as approved by the State Board of Education. Beginning
276	with students entering grade 9 in the 2011-2012 school year, the
277	end-of-course assessment requirements under s.
278	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
279	the required credit in Biology I. Beginning with students
280	entering grade 9 in the 2013-2014 school year, in addition to
281	the Biology I credit requirement, one of the three credits in
282	science must be chemistry or physics or a series of courses
283	equivalent to chemistry or physics as approved by the State
284	Board of Education.
285	4.  Three credits in social studies as follows: one credit
286	in United States American history; one credit in world history;
287	one-half credit in economics; and one-half credit in United
288	States American government.
289	5.  One credit in fine or performing arts, speech and
290	debate, or a practical arts course that incorporates artistic
291	content and techniques of creativity, interpretation, and
292	imagination. Eligible practical arts courses shall be identified
293	through the Course Code Directory.
294	6.  One credit in physical education to include integration
295	of health. Participation in an interscholastic sport at the
296	junior varsity or varsity level for two full seasons shall
297	satisfy the one-credit requirement in physical education if the
298	student passes a competency test on personal fitness with a
299	score of "C" or better. The competency test on personal fitness
300	must be developed by the Department of Education. A district
301	school board may not require that the one credit in physical
302	education be taken during the 9th grade year. Completion of one
303	semester with a grade of "C" or better in a marching band class,
304	in a physical activity class that requires participation in
305	marching band activities as an extracurricular activity, or in a
306	dance class shall satisfy one-half credit in physical education
307	or one-half credit in performing arts. This credit may not be
308	used to satisfy the personal fitness requirement or the
309	requirement for adaptive physical education under an individual
310	education plan (IEP) or 504 plan. Completion of 2 years in a
311	Reserve Officer Training Corps (R.O.T.C.) class, a significant
312	component of which is drills, shall satisfy the one-credit
313	requirement in physical education and the one-credit requirement
314	in performing arts. This credit may not be used to satisfy the
315	personal fitness requirement or the requirement for adaptive
316	physical education under an individual education plan (IEP) or
317	504 plan.
318	(b)  Eight credits in majors, minors, or electives:
319	1.  Four credits in a major area of interest, such as
320	sequential courses in a career and technical program, fine and
321	performing arts, or academic content area, selected by the
322	student as part of the education plan required by s. 1003.4156.
323	Students may revise major areas of interest each year as part of
324	annual course registration processes and should update their
325	education plan to reflect such revisions. Annually by October 1,
326	the district school board shall approve major areas of interest
327	and submit the list of majors to the Commissioner of Education
328	for approval. Each major area of interest shall be deemed
329	approved unless specifically rejected by the commissioner within
330	60 days. Upon approval, each district's major areas of interest
331	shall be available for use by all school districts and shall be
332	posted on the department's website.
333	2.  Four credits in elective courses selected by the
334	student as part of the education plan required by s. 1003.4156.
335	These credits may be combined to allow for a second major area
336	of interest pursuant to subparagraph 1., a minor area of
337	interest, elective courses, or intensive reading or mathematics
338	intervention courses as described in this subparagraph.
339	a.  Minor areas of interest are composed of three credits
340	selected by the student as part of the education plan required
341	by s. 1003.4156 and approved by the district school board.
342	b.  Elective courses are selected by the student in order
343	to pursue a complete education program as described in s.
344	1001.41(3) and to meet eligibility requirements for
345	scholarships.
346	c.  For each year in which a student scores at Level l on
347	FCAT Reading, the student must be enrolled in and complete an
348	intensive reading course the following year. Placement of Level
349	2 readers in either an intensive reading course or a content
350	area course in which reading strategies are delivered shall be
351	determined by diagnosis of reading needs. The department shall
352	provide guidance on appropriate strategies for diagnosing and
353	meeting the varying instructional needs of students reading
354	below grade level. Reading courses shall be designed and offered
355	pursuant to the comprehensive reading plan required by s.
356	1011.62(9).
357	d.  For each year in which a student scores at Level 1 or
358	Level 2 on FCAT Mathematics, the student must receive
359	remediation the following year. These courses may be taught
360	through applied, integrated, or combined courses and are subject
361	to approval by the department for inclusion in the Course Code
362	Directory.
363	(4)  Each district school board shall establish standards
364	for graduation from its schools, which must include:
365	(a)  Successful completion of the academic credit or
366	curriculum requirements of subsections (1) and (2). For courses
367	that require statewide, standardized end-of-course assessments
368	under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
369	student's course grade shall be comprised of performance on the
370	statewide, standardized end-of-course assessment.
371
372	Each district school board shall adopt policies designed to
373	assist students in meeting the requirements of this subsection.
374	These policies may include, but are not limited to: forgiveness
375	policies, summer school or before or after school attendance,
376	special counseling, volunteers or peer tutors, school-sponsored
377	help sessions, homework hotlines, and study skills classes.
378	Forgiveness policies for required courses shall be limited to
379	replacing a grade of "D" or "F," or the equivalent of a grade of
380	"D" or "F," with a grade of "C" or higher, or the equivalent of
381	a grade of "C" or higher, earned subsequently in the same or
382	comparable course. Forgiveness policies for elective courses
383	shall be limited to replacing a grade of "D" or "F," or the
384	equivalent of a grade of "D" or "F," with a grade of "C" or
385	higher, or the equivalent of a grade of "C" or higher, earned
386	subsequently in another course. The only exception to these
387	forgiveness policies shall be made for a student in the middle
388	grades who takes any high school course for high school credit
389	and earns a grade of "C," "D," or "F" or the equivalent of a
390	grade of "C," "D," or "F." In such case, the district
391	forgiveness policy must allow the replacement of the grade with
392	a grade of "C" or higher, or the equivalent of a grade of "C" or
393	higher, earned subsequently in the same or comparable course. In
394	all cases of grade forgiveness, only the new grade shall be used
395	in the calculation of the student's grade point average. Any
396	course grade not replaced according to a district school board
397	forgiveness policy shall be included in the calculation of the
398	cumulative grade point average required for graduation.
399	(8)
400	(b)1.  A student with a disability, as defined in s.
401	1007.02(2), for whom the individual education plan (IEP)
402	committee determines that the FCAT cannot accurately measure the
403	student's abilities, taking into consideration all allowable
404	accommodations, shall have the FCAT requirement of paragraph
405	(4)(b) waived for the purpose of receiving a standard high
406	school diploma, if the student:
407	a.1.  Completes the minimum number of credits and other
408	requirements prescribed by subsections (1), (2), and (3).
409	b.2.  Does not meet the requirements of paragraph (4)(b)
410	after one opportunity in 10th grade and one opportunity in 11th
411	grade.
412	2.  A student with a disability, as defined in s.
413	1007.02(2), for whom the individual education plan (IEP)
414	committee determines that an end-of-course assessment cannot
415	accurately measure the student's abilities, taking into
416	consideration all allowable accommodations, shall have the end-
417	of-course assessment results waived for the purpose of
418	determining the student′s course grade and credit as required in
419	paragraph (4)(a).
420	Section 5.  Subsections (1) and (5), paragraph (c) of
421	subsection (7), and subsection (8) of section 1003.429, Florida
422	Statutes, are amended to read:
423	1003.429  Accelerated high school graduation options.-
424	(1)  Students who enter grade 9 in the 2006-2007 school
425	year and thereafter may select, upon receipt of each consent
426	required by this section, one of the following three high school
427	graduation options:
428	(a)  Completion of the general requirements for high school
429	graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
430	(b)  Completion of a 3-year standard college preparatory
431	program requiring successful completion of a minimum of 18
432	academic credits in grades 9 through 12. At least 6 of the 18
433	credits required for completion of this program must be received
434	in classes that are offered pursuant to the International
435	Baccalaureate Program, the Advanced Placement Program, dual
436	enrollment, Advanced International Certificate of Education, or
437	specifically listed or identified by the Department of Education
438	as rigorous pursuant to s. 1009.531(3). Beginning with students
439	entering grade 9 in the 2013-2014 school year, one of the 18
440	credits must contain online learning. This requirement shall be
441	met through an online course offered by the Florida Virtual
442	School, through a course offered by the high school that
443	significantly integrates online content, or through an online
444	dual enrollment course offered pursuant to a district
445	interinstitutional articulation agreement under s. 1007.235. A
446	student who is enrolled in a full-time virtual instruction
447	program under s. 1002.45 meets this requirement. The 18 credits
448	required for completion of this program shall be primary
449	requirements and shall be distributed as follows:
450	1.  Four credits in English, with major concentration in
451	composition and literature;
452	2.  Three credits and, beginning with students entering
453	grade 9 in the 2010-2011 school year, four credits in
454	mathematics at the Algebra I level or higher from the list of
455	courses that qualify for state university admission. Beginning
456	with students entering grade 9 in the 2010-2011 school year, in
457	addition to the Algebra I credit requirement, one of the four
458	credits in mathematics must be geometry or a series of courses
459	equivalent to geometry as approved by the State Board of
460	Education. Beginning with students entering grade 9 in the 2010-
461	2011 school year, the end-of-course assessment requirements
462	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
463	to earn the required credit in Algebra I. Beginning with
464	students entering grade 9 in the 2011-2012 school year, the end-
465	of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
466	must be met in order for a student to earn the required credit
467	in geometry. Beginning with students entering grade 9 in the
468	2012-2013 school year, in addition to the Algebra I and geometry
469	credit requirements, one of the four credits in mathematics must
470	be Algebra II or a series of courses equivalent to Algebra II as
471	approved by the State Board of Education;
472	3.  Three credits in natural science, two of which must
473	have a laboratory component. Beginning with students entering
474	grade 9 in the 2011-2012 school year, one of the three credits
475	in science must be Biology I or a series of courses equivalent
476	to Biology I as approved by the State Board of Education.
477	Beginning with students entering grade 9 in the 2011-2012 school
478	year, the end-of-course assessment requirements under s.
479	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
480	the required credit in Biology I. Beginning with students
481	entering grade 9 in the 2013-2014 school year, in addition to
482	the Biology I credit requirement, one of the three credits in
483	science must be chemistry or physics or a series of courses
484	equivalent to chemistry or physics as approved by the State
485	Board of Education;
486	4.  Three credits in social sciences, which must include
487	one credit in United States American history, one credit in
488	world history, one-half credit in United States American
489	government, and one-half credit in economics;
490	5.  Two credits in the same second language unless the
491	student is a native speaker of or can otherwise demonstrate
492	competency in a language other than English. If the student
493	demonstrates competency in another language, the student may
494	replace the language requirement with two credits in other
495	academic courses; and
496	6.  Three credits and, beginning with students entering
497	grade 9 in the 2010-2011 school year, two credits in electives;
498	or
499	(c)  Completion of a 3-year career preparatory program
500	requiring successful completion of a minimum of 18 academic
501	credits in grades 9 through 12. Beginning with students entering
502	grade 9 in the 2013-2014 school year, one of the 18 credits must
503	contain online learning. This requirement shall be met through
504	an online course offered by the Florida Virtual School, through
505	a course offered by the high school that significantly
506	integrates online content, or through an online dual enrollment
507	course offered pursuant to a district interinstitutional
508	articulation agreement under s. 1007.235. A student who is
509	enrolled in a full-time virtual instruction program under s.
510	1002.45 meets this requirement. The 18 credits shall be primary
511	requirements and shall be distributed as follows:
512	1.  Four credits in English, with major concentration in
513	composition and literature;
514	2.  Three credits and, beginning with students entering
515	grade 9 in the 2010-2011 school year, four credits in
516	mathematics, one of which must be Algebra I. Beginning with
517	students entering grade 9 in the 2010-2011 school year, in
518	addition to the Algebra I credit requirement, one of the four
519	credits in mathematics must be geometry or a series of courses
520	equivalent to geometry as approved by the State Board of
521	Education. Beginning with students entering grade 9 in the 2010-
522	2011 school year, the end-of-course assessment requirements
523	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
524	to earn the required credit in Algebra I. Beginning with
525	students entering grade 9 in the 2011-2012 school year, the end-
526	of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
527	must be met in order for a student to earn the required credit
528	in geometry. Beginning with students entering grade 9 in the
529	2012-2013 school year, in addition to the Algebra I and geometry
530	credit requirements, one of the four credits in mathematics must
531	be Algebra II or a series of courses equivalent to Algebra II as
532	approved by the State Board of Education;
533	3.  Three credits in natural science, two of which must
534	have a laboratory component. Beginning with students entering
535	grade 9 in the 2011-2012 school year, one of the three credits
536	in science must be Biology I or a series of courses equivalent
537	to Biology I as approved by the State Board of Education.
538	Beginning with students entering grade 9 in the 2011-2012 school
539	year, the end-of-course assessment requirements under s.
540	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
541	the required credit in Biology I. Beginning with students
542	entering grade 9 in the 2013-2014 school year, in addition to
543	the Biology I credit requirement, one of the three credits in
544	science must be chemistry or physics or a series of courses
545	equivalent to chemistry or physics as approved by the State
546	Board of Education;
547	4.  Three credits in social sciences, which must include
548	one credit in United States American history, one credit in
549	world history, one-half credit in United States American
550	government, and one-half credit in economics;
551	5.  Three credits in a single vocational or career
552	education program, three credits in career and technical
553	certificate dual enrollment courses, or five credits in
554	vocational or career education courses; and
555	6.  Two credits and, beginning with students entering grade
556	9 in the 2010-2011 school year, one credit in electives unless
557	five credits are earned pursuant to subparagraph 5.
558
559	Any student who selected an accelerated graduation program
560	before July 1, 2004, may continue that program, and all
561	statutory program requirements that were applicable when the
562	student made the program choice shall remain applicable to the
563	student as long as the student continues that program.
564	(5)  District school boards may not establish requirements
565	for accelerated 3-year high school graduation options in excess
566	of the requirements in paragraphs (1)(b) and (c). For courses
567	that require statewide, standardized end-of-course assessments
568	under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
569	student's course grade shall be comprised of performance on the
570	statewide, standardized end-of-course assessment.
571	(7)  If, at the end of grade 10, a student is not on track
572	to meet the credit, assessment, or grade-point-average
573	requirements of the accelerated graduation option selected, the
574	school shall notify the student and parent of the following:
575	(c)  The right of the student to change to the 4-year
576	program set forth in s. 1003.428 or s. 1003.43, as applicable.
577	(8)  A student who selected one of the accelerated 3-year
578	graduation options shall automatically move to the 4-year
579	program set forth in s. 1003.428 or s. 1003.43, as applicable,
580	if the student:
581	(a)  Exercises his or her right to change to the 4-year
582	program;
583	(b)  Fails to earn 5 credits by the end of grade 9 or fails
584	to earn 11 credits by the end of grade 10;
585	(c)  Does not achieve a score of 3 or higher on the grade
586	10 FCAT Writing assessment; or
587	(d)  By the end of grade 11 does not meet the requirements
588	of subsections (1) and (6).
589	Section 6.  Section 1003.4295, Florida Statutes, is created
590	to read:
591	1003.4295  Acceleration opportunities for secondary
592	students.-
593	(1)  Each high school shall advise each student of
594	opportunities through which a high school student can earn
595	college credit, including Advanced Placement, International
596	Baccalaureate, Advanced International Certificate of Education,
597	dual enrollment, career academy courses, and programs that lead
598	to national industry certification, as well as the availability
599	of course offerings through the Florida Virtual School.
600	(2)  Beginning with the 2011-2012 school year, each high
601	school shall offer an International Baccalaureate Program, an
602	Advanced International Certificate of Education Program, or a
603	combination of at least four courses in dual enrollment or
604	Advanced Placement, including one course each in English,
605	mathematics, science, and social studies. To meet this
606	requirement, school districts may utilize the course offerings
607	provided by the Florida Virtual School established under s.
608	1002.37 or through virtual instruction programs authorized under
609	s. 1002.45.
610	(3)  The Credit Acceleration Program (CAP) is established
611	to allow a secondary student to earn high school credit in a
612	course that requires a statewide, standardized end-of-course
613	assessment if the student attains a specified score on the
614	assessment. Notwithstanding s. 1003.436, a school district shall
615	award a course credit to a student who is not enrolled in the
616	course or who has not completed the course if the student
617	attains a score that indicates the student is high achieving,
618	pursuant to s. 1008.22(3)(c)7., on the corresponding statewide,
619	standardized end-of-course assessment. A student who is not
620	enrolled in the course or who has not completed the course may
621	take the statewide, standardized end-of-course assessment during
622	the regular administration of the assessment and may only take
623	the end-of-course assessment once pursuant to this subsection.
624	Section 7.  Subsection (6) of section 1003.437, Florida
625	Statutes, is amended to read:
626	1003.437  Middle and high school grading system.-The
627	grading system and interpretation of letter grades used for
628	students in public schools in grades 6-12 shall be as follows:
629	(6)  Grade "I" equals zero percent, has a grade point
630	average value of zero, and is defined as "incomplete." A high
631	school student who fails to pass an end-of-course assessment
632	required under s. 1008.22(3)(c) may receive a grade "I" in the
633	course until the next administration of the end-of-course
634	assessment. If the student then passes the end-of-course
635	assessment, the appropriate grade shall be substituted.
636
637	For the purposes of class ranking, district school boards may
638	exercise a weighted grading system pursuant to s. 1007.271.
639	Section 8.  Paragraph (k) of subsection (4) of section
640	1003.493, Florida Statutes, is amended to read:
641	1003.493  Career and professional academies.-
642	(4)  Each career and professional academy must:
643	(k)  Include an evaluation plan developed jointly with the
644	Department of Education and the local workforce board. The
645	evaluation plan must include an assessment tool based on
646	national industry standards, such as the Career Academy National
647	Standards of Practice, and outcome measures, including, but not
648	limited to, achievement of national industry certifications
649	identified in the Industry Certification Funding List, pursuant
650	to rules adopted by the State Board of Education, graduation
651	rates, enrollment in postsecondary education, business and
652	industry satisfaction, employment and earnings, awards of
653	postsecondary credit and scholarships, and student FCAT
654	achievement levels and learning gains on statewide assessments
655	administered under s. 1008.22(3)(c). The Department of Education
656	shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
657	in identifying industry experts to participate in developing and
658	implementing such assessments.
659	Section 9.  Paragraph (c) of subsection (6) of section
660	1007.35, Florida Statutes, is amended to read:
661	1007.35  Florida Partnership for Minority and
662	Underrepresented Student Achievement.-
663	(6)  The partnership shall:
664	(c)  Provide teacher training and materials that are
665	aligned with the Next Generation Sunshine State Standards and
666	are consistent with best theory and practice regarding multiple
667	learning styles and research on learning, instructional
668	strategies, instructional design, and classroom assessment.
669	Curriculum materials must be based on current, accepted, and
670	essential academic knowledge. Materials for prerequisite courses
671	should, at a minimum, address the skills assessed on the Florida
672	Comprehensive Assessment Test (FCAT).
673	Section 10.  Paragraph (c) of subsection (3) and
674	subsections (6), (9), and (10) of section 1008.22, Florida
675	Statutes, are amended, present subsections (11) and (12) are
676	renumbered as subsections (12) and (13), respectively, and a new
677	subsection (11) is added to that section, to read:
678	1008.22  Student assessment program for public schools.-
679	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
680	design and implement a statewide program of educational
681	assessment that provides information for the improvement of the
682	operation and management of the public schools, including
683	schools operating for the purpose of providing educational
684	services to youth in Department of Juvenile Justice programs.
685	The commissioner may enter into contracts for the continued
686	administration of the assessment, testing, and evaluation
687	programs authorized and funded by the Legislature. Contracts may
688	be initiated in 1 fiscal year and continue into the next and may
689	be paid from the appropriations of either or both fiscal years.
690	The commissioner is authorized to negotiate for the sale or
691	lease of tests, scoring protocols, test scoring services, and
692	related materials developed pursuant to law. Pursuant to the
693	statewide assessment program, the commissioner shall:
694	(c)  Develop and implement a student achievement testing
695	program as follows:
696	1.  known as The Florida Comprehensive Assessment Test
697	(FCAT) measures as part of the statewide assessment program to
698	measure a student's content knowledge and skills in reading,
699	writing, science, and mathematics. The content knowledge and
700	skills assessed by the FCAT must be aligned to the core
701	curricular content established in the Next Generation Sunshine
702	State Standards. Other content areas may be included as directed
703	by the commissioner. Comprehensive assessments of reading and
704	mathematics shall be administered annually in grades 3 through
705	10 except, beginning with the 2010-2011 school year, the
706	administration of grade 9 FCAT Mathematics shall be discontinued
707	and, beginning with the 2011-2012 school year, the
708	administration of grade 10 FCAT Mathematics shall be
709	discontinued, except as required for those students who have not
710	attained minimum performance expectations for graduation as
711	provided in paragraph (9)(c). FCAT Comprehensive assessments of
712	Writing and FCAT Science shall be administered at least once at
713	the elementary, middle, and high school levels except, beginning
714	with the 2011-2012 school year, the administration of FCAT
715	Science at the high school level shall be discontinued.
716	2.a.  End-of-course assessments for a subject shall may be
717	administered in addition to the comprehensive assessments
718	required for that subject under subparagraph 1. this paragraph.
719	An End-of-course assessments assessment must be rigorous,
720	statewide, standardized, and developed or approved by the
721	department. The content knowledge and skills assessed by
722	comprehensive and end-of-course assessments must be aligned to
723	the core curricular content established in the Next Generation
724	Sunshine State Standards.
725	(I)  Statewide, standardized end-of-course assessments in
726	mathematics shall be administered according to this sub-sub-
727	subparagraph. Beginning with the 2010-2011 school year, all
728	students enrolled in Algebra I or an equivalent course must take
729	the Algebra I end-of-course assessment. Students who earned
730	credit in Algebra I while in grades 6 through 8 during the 2007-
731	2008 through 2009-2010 school years and who have not taken grade
732	10 FCAT Mathematics must take the Algebra I end-of-course
733	assessment during the 2010-2011 school year. For students
734	entering grade 9 during the 2010-2011 school year who are
735	enrolled in Algebra I or an equivalent course, each student's
736	performance on the end-of-course assessment in Algebra I shall
737	constitute 30 percent of the student's final course grade.
738	Beginning with students entering grade 9 in the 2011-2012 school
739	year, a student who is enrolled in Algebra I or an equivalent
740	course must earn a passing score on the end-of-course assessment
741	in Algebra I in order to earn course credit. Beginning with the
742	2011-2012 school year, all students enrolled in geometry or an
743	equivalent course must take the geometry end-of-course
744	assessment. For students entering grade 9 during the 2011-2012
745	school year, each student's performance on the end-of-course
746	assessment in geometry shall constitute 30 percent of the
747	student's final course grade. Beginning with students entering
748	grade 9 during the 2012-2013 school year, a student must earn a
749	passing score on the end-of-course assessment in geometry in
750	order to pass the course and earn course credit.
751	(II)  A statewide, standardized end-of-course assessment in
752	Biology I shall be administered according to this sub-sub-
753	subparagraph. Beginning with the 2011-2012 school year, all
754	students enrolled in Biology I or an equivalent course must take
755	the Biology I end-of-course assessment. For students entering
756	grade 9 during the 2011-2012 school year, each student's
757	performance on the end-of-course assessment in Biology I shall
758	constitute 30 percent of the student's final course grade.
759	Beginning with students entering grade 9 during the 2012-2013
760	school year, a student must earn a passing score on the end-of-
761	course assessment in Biology I in order to pass the course and
762	earn course credit.
763	b.  The commissioner may select one or more nationally
764	developed comprehensive examinations, which may include, but
765	need not be limited to, examinations for a College Board
766	Advanced Placement course, International Baccalaureate course,
767	or Advanced International Certificate of Education course or
768	industry-approved examinations to earn national industry
769	certifications identified in the Industry Certification Funding
770	List, pursuant to rules adopted by the State Board of Education
771	as defined in s. 1003.492, for use as end-of-course assessments
772	under this paragraph, if the commissioner determines that the
773	content knowledge and skills assessed by the examinations meet
774	or exceed the grade level expectations for the core curricular
775	content established for the course in the Next Generation
776	Sunshine State Standards. The commissioner may collaborate with
777	the American Diploma Project in the adoption or development of
778	rigorous end-of-course assessments that are aligned to the Next
779	Generation Sunshine State Standards. The testing program must be
780	designed as follows:
781	c.  Contingent upon funding provided in the General
782	Appropriations Act, including appropriation of federal funds,
783	the Commissioner of Education shall establish an implementation
784	schedule for the development and administration of statewide,
785	standardized end-of-course assessments in English/Language Arts
786	II, Algebra II, chemistry, physics, earth/space science, United
787	States history, and world history. Priority shall be given to
788	the development of an end-of-course assessment in
789	English/Language Arts II. The Commissioner of Education shall
790	evaluate the feasibility and effect of transitioning from the
791	grade 9 and grade 10 FCAT Reading and high school level FCAT
792	Writing to an end-of-course assessment in English/Language Arts
793	II. The commissioner shall report the results of the evaluation
794	to the President of the Senate and the Speaker of the House of
795	Representatives no later July 1, 2011.
796	3.1.  The testing program tests shall measure student
797	skills and competencies adopted by the State Board of Education
798	as specified in paragraph (a) and. The tests must measure and
799	report student performance proficiency levels of all students
800	assessed in reading, writing, mathematics, and science. The
801	commissioner shall provide for the tests to be developed or
802	obtained, as appropriate, through contracts and project
803	agreements with private vendors, public vendors, public
804	agencies, postsecondary educational institutions, or school
805	districts. The commissioner shall obtain input with respect to
806	the design and implementation of the testing program from state
807	educators, assistive technology experts, and the public.
808	4.2.  The testing program shall be composed of criterion-
809	referenced tests that shall, to the extent determined by the
810	commissioner, include test items that require the student to
811	produce information or perform tasks in such a way that the core
812	content knowledge and skills he or she uses can be measured.
813	3.  Beginning with the 2008-2009 school year, the
814	commissioner shall discontinue administration of the selected-
815	response test items on the comprehensive assessments of writing.
816	Beginning with the 2012-2013 school year, the comprehensive
817	assessments of writing shall be composed of a combination of
818	selected-response test items, short-response performance tasks,
819	and extended-response performance tasks, which shall measure a
820	student's content knowledge of writing, including, but not
821	limited to, paragraph and sentence structure, sentence
822	construction, grammar and usage, punctuation, capitalization,
823	spelling, parts of speech, verb tense, irregular verbs, subject-
824	verb agreement, and noun-pronoun agreement.
825	5.4.  FCAT Reading, Mathematics, and Science and all
826	statewide, standardized end-of-course assessments shall measure,
827	by use of scaled scores and achievement levels, the content
828	knowledge and skills a student has attained. Achievement levels
829	shall range from 1 through 5, with level 1 being the lowest
830	achievement level, level 5 being the highest achievement level,
831	and level 3 indicating satisfactory performance on an
832	assessment. For FCAT Writing, student achievement shall be
833	scored using the rubric scale of 1 through 6 and the score
834	earned shall be used in calculating school grades. A score shall
835	be designated for each subject area tested, below which score a
836	student's performance is deemed inadequate. The school districts
837	shall provide appropriate remedial instruction to students who
838	score below these levels.
839	6.5.  Except as provided in s. 1003.428(8)(b) or s.
840	1003.43(11)(b), students must earn a passing score on the grade
841	10 assessment test described in this paragraph or attain
842	concordant scores as described in subsection (10) in reading,
843	writing, and mathematics to qualify for a standard high school
844	diploma. The State Board of Education shall, by rule, designate
845	a passing score for each part of the grade 10 assessment test
846	and end-of-course assessments. In establishing passing scores,
847	the state board shall consider any possible negative impact of
848	the test on minority students. The State Board of Education
849	shall adopt rules which specify the passing scores for the grade
850	10 FCAT. Any such rules that, which have the effect of raising
851	the required passing scores, shall apply only to students taking
852	the assessment grade 10 FCAT for the first time after such rules
853	are adopted by the State Board of Education. Except as otherwise
854	provided in this paragraph and as provided in s. 1003.428(8)(b)
855	or s. 1003.43(11)(b), students must earn a passing score on
856	grade 10 FCAT Reading and grade 10 FCAT Mathematics or attain
857	concordant scores as described in subsection (10) to qualify for
858	a standard high school diploma.
859	7.  In addition to designating a passing score under
860	subparagraph 6., the State Board of Education shall also
861	designate, by rule, a score for each statewide, standardized
862	end-of-course assessment which indicates that a student is high
863	achieving and is likely to meet college-readiness standards by
864	the time the student graduates from high school.
865	8.6.  Participation in the testing program is mandatory for
866	all students attending public school, including students served
867	in Department of Juvenile Justice programs, except as otherwise
868	prescribed by the commissioner. A student who has not earned
869	passing scores on the grade 10 FCAT as provided in subparagraph
870	6. must participate in each retake of the assessment until the
871	student earns passing scores or achieves scores on a
872	standardized assessment that are concordant with passing scores
873	pursuant to subsection (10). If a student does not participate
874	in the statewide assessment, the district must notify the
875	student's parent and provide the parent with information
876	regarding the implications of such nonparticipation. A parent
877	must provide signed consent for a student to receive classroom
878	instructional accommodations that would not be available or
879	permitted on the statewide assessments and must acknowledge in
880	writing that he or she understands the implications of such
881	instructional accommodations. The State Board of Education shall
882	adopt rules, based upon recommendations of the commissioner, for
883	the provision of test accommodations for students in exceptional
884	education programs and for students who have limited English
885	proficiency. Accommodations that negate the validity of a
886	statewide assessment are not allowable in the administration of
887	the FCAT or an end-of-course assessment. However, instructional
888	accommodations are allowable in the classroom if included in a
889	student's individual education plan. Students using
890	instructional accommodations in the classroom that are not
891	allowable as accommodations on the FCAT or an end-of-course
892	assessment may have the FCAT or end-of-course assessment
893	requirement waived pursuant to the requirements of s.
894	1003.428(8)(b) or s. 1003.43(11)(b).
895	9.7.  A student seeking an adult high school diploma must
896	meet the same testing requirements that a regular high school
897	student must meet.
898	10.8.  District school boards must provide instruction to
899	prepare students to demonstrate proficiency in the core
900	curricular content established in the Next Generation Sunshine
901	State Standards adopted under s. 1003.41, including the core
902	content knowledge and skills necessary for successful grade-to-
903	grade progression and high school graduation. If a student is
904	provided with instructional accommodations in the classroom that
905	are not allowable as accommodations in the statewide assessment
906	program, as described in the test manuals, the district must
907	inform the parent in writing and must provide the parent with
908	information regarding the impact on the student's ability to
909	meet expected performance proficiency levels in reading,
910	writing, and mathematics, and science. The commissioner shall
911	conduct studies as necessary to verify that the required core
912	curricular content is part of the district instructional
913	programs.
914	11.9.  District school boards must provide opportunities
915	for students to demonstrate an acceptable level of performance
916	on an alternative standardized assessment approved by the State
917	Board of Education following enrollment in summer academies.
918	12.10.  The Department of Education must develop, or
919	select, and implement a common battery of assessment tools that
920	will be used in all juvenile justice programs in the state.
921	These tools must accurately measure the core curricular content
922	established in the Next Generation Sunshine State Standards.
923	13.11.  For students seeking a special diploma pursuant to
924	s. 1003.438, the Department of Education must develop or select
925	and implement an alternate assessment tool that accurately
926	measures the core curricular content established in the Next
927	Generation Sunshine State Standards for students with
928	disabilities under s. 1003.438.
929	14.12.  The Commissioner of Education shall establish
930	schedules for the administration of statewide assessments and
931	the reporting of student test results. When establishing the
932	schedules for the administration of statewide assessments, the
933	commissioner shall consider the observance of religious and
934	school holidays. The commissioner shall, by August 1 of each
935	year, notify each school district in writing and publish on the
936	department's Internet website the testing and reporting
937	schedules for, at a minimum, the school year following the
938	upcoming school year. The testing and reporting schedules shall
939	require that:
940	a.  There is the latest possible administration of
941	statewide assessments and the earliest possible reporting to the
942	school districts of student test results which is feasible
943	within available technology and specific appropriations;
944	however, test results for the FCAT must be made available no
945	later than the week of June 8. Student results for end-of-course
946	assessments must be provided no later than 1 week after the
947	school district completes testing for each course final day of
948	the regular school year for students.
949	b.  Beginning with the 2010-2011 school year, FCAT a
950	comprehensive statewide assessment of Writing is not
951	administered earlier than the week of March 1 and a
952	comprehensive statewide assessment of any other subject is not
953	administered earlier than the week of April 15.
954	c.  A statewide, standardized end-of-course assessment is
955	administered during a 3-week period at the end of a year-long
956	course. The commissioner shall select a 3-week administration
957	period for assessments that meets the intent of end-of-course
958	assessments and provides student results prior to the end of the
959	course. School districts shall select one testing week within
960	the 3-week administration period for each end-of-course
961	assessment. For an end-of-course assessment administered at the
962	end of a semester-long course, the commissioner shall determine
963	the most appropriate testing dates based on a school district's
964	academic calendar within the last 2 weeks of the course.
965
966	The commissioner may, based on collaboration and input from
967	school districts, design and implement student testing programs,
968	for any grade level and subject area, necessary to effectively
969	monitor educational achievement in the state, including the
970	measurement of educational achievement of the Next Generation
971	Sunshine State Standards for students with disabilities.
972	Development and refinement of assessments shall include
973	universal design principles and accessibility standards that
974	will prevent any unintended obstacles for students with
975	disabilities while ensuring the validity and reliability of the
976	test. These principles should be applicable to all technology
977	platforms and assistive devices available for the assessments.
978	The field testing process and psychometric analyses for the
979	statewide assessment program must include an appropriate
980	percentage of students with disabilities and an evaluation or
981	determination of the effect of test items on such students.
982	(6)  SCHOOL TESTING PROGRAMS.-Each public school shall
983	participate in the statewide assessment program in accordance
984	with the testing and reporting schedules published by the
985	Commissioner of Education under subparagraph (3)(c)14.12. unless
986	specifically exempted by state board rule based on serving a
987	specialized population for which standardized testing is not
988	appropriate. Student performance data shall be analyzed and
989	reported to parents, the community, and the state. Student
990	performance data shall be used in developing objectives of the
991	school improvement plan, evaluation of instructional personnel,
992	evaluation of administrative personnel, assignment of staff,
993	allocation of resources, acquisition of instructional materials
994	and technology, performance-based budgeting, and promotion and
995	assignment of students into educational programs. The analysis
996	of student performance data also must identify strengths and
997	needs in the educational program and trends over time. The
998	analysis must be used in conjunction with the budgetary planning
999	processes developed pursuant to s. 1008.385 and the development
1000	of the programs of remediation.
1001	(9)  APPLICABILITY OF TESTING STANDARDS.-
1002	(a)  If the Commissioner of Education revises a statewide
1003	assessment and the revisions require the State Board of
1004	Education to modify the assessment's performance proficiency
1005	levels or modify the passing scores required for a
1006	school diploma, until the state board adopts the modifications
1007	by rule, the commissioner shall use calculations for scoring the
1008	assessment which adjust student scores on the revised assessment
1009	for statistical equivalence to student scores on the former
1010	assessment.
1011	(b)  A student must attain the passing scores on the
1012	statewide assessment required for a standard high school diploma
1013	or for high school course credits under sub-sub-subparagraphs
1014	(3)(c)2.a.(I) and (II) which are in effect at the time the
1015	student enters grade 9 if the student's enrollment is
1016	continuous.
1017	(c)  If the commissioner revises a statewide assessment and
1018	the revisions require the State Board of Education to modify the
1019	passing scores required for a standard high school diploma or
1020	for high school course credits under sub-sub-subparagraphs
1021	(3)(c)2.a (I) and (II), the commissioner may, with approval of
1022	the state board, discontinue administration of the former
1023	assessment upon the graduation, based on normal student
1024	progression, of students participating in the final regular
1025	administration of the former assessment. The state board shall
1026	adopt by rule passing scores for the revised assessment which
1027	are statistically equivalent to passing scores on the
1028	discontinued assessment for a student required under paragraph
1029	(b) to attain passing scores on the discontinued assessment.
1030	(10)  CONCORDANT SCORES FOR THE FCAT.-
1031	(a)  The Commissioner State Board of Education shall
1032	analyze the content and concordant data sets for widely used
1033	high school achievement tests, including, but not limited to,
1034	the PSAT, PLAN, SAT, ACT, and College Placement Test, to assess
1035	if concordant scores for FCAT scores can be determined for high
1036	school graduation, college placement, and scholarship awards.
1037	When In cases where content alignment and concordant scores can
1038	be determined, the Commissioner of Education shall adopt those
1039	scores as meeting the graduation requirement in lieu of
1040	achieving the FCAT passing score and may adopt those scores as
1041	being sufficient to achieve additional purposes as determined by
1042	rule. Each time that test content or scoring procedures change
1043	for the FCAT or for a high school achievement test for which a
1044	concordant score is determined, new concordant scores must be
1045	determined. Concordant scores earned before taking the grade 10
1046	FCAT for the first time in grade 10 may not be used to satisfy
1047	the requirement in this paragraph.
1048	(b)  In order to use a concordant subject area score
1049	pursuant to this subsection to satisfy the assessment
1050	requirement for a standard high school diploma as provided in s.
1051	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1052	take each subject area of the grade 10 FCAT a total of three
1053	times without earning a passing score. The requirements of this
1054	paragraph shall not apply to a new student who enters the
1055	Florida public school system in grade 12, who may either achieve
1056	a passing score on the FCAT or use an approved subject area
1057	concordant score to fulfill the graduation requirement.
1058	(b)(c)  The State Board of Education may define by rule the
1059	allowable uses, other than to satisfy the high school graduation
1060	requirement, for concordant scores as described in this
1061	subsection. Such uses may include, but need not be limited to,
1062	achieving appropriate standardized test scores required for the
1063	awarding of Florida Bright Futures Scholarships and college
1064	placement.
1065	(11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1066	(a)  The Commissioner of Education shall analyze the
1067	content and equivalent data sets for high school achievement
1068	tests, including, but not limited to, grade 10 FCAT Mathematics
1069	retakes until such retakes are discontinued pursuant to
1070	subsection (9), the PSAT, the PLAN, the SAT, the ACT, and the
1071	College Placement Test, to assess if equivalent scores for end-
1072	of-course assessment scores can be determined for passage of an
1073	end-of-course assessment. When content alignment and equivalent
1074	scores can be determined, the Commissioner of Education shall
1075	adopt those scores as meeting the requirement to pass the end-
1076	of-course assessment and as being sufficient to achieve
1077	additional purposes as determined by rule. Each time that
1078	assessment content or scoring procedures change for an end-of-
1079	course assessment or for a high school achievement test for
1080	which an equivalent score is determined, new equivalent scores
1081	must be determined. Equivalent scores earned before taking an
1082	end-of-course assessment for the first time may not be used to
1083	satisfy the requirement in this subsection.
1084	(b)  In order to use an equivalent score pursuant to this
1085	subsection to satisfy the end-of-course assessment requirements
1086	under sub-subparagraph (3)(c)2.a., a student must have received
1087	a grade "F" in a course solely because the student failed to
1088	pass the end-of-course assessment. Use of an equivalent score
1089	adopted by the Commissioner of Education under paragraph (a) for
1090	purposes of grade adjustment, grade forgiveness, or course
1091	credit recovery is contingent upon and subject to district
1092	school board rules.
1093	Section 11.  Paragraph (a) of subsection (4) of section
1094	1008.25, Florida Statutes, is amended to read:
1095	1008.25  Public school student progression; remedial
1096	instruction; reporting requirements.-
1097	(4)  ASSESSMENT AND REMEDIATION.-
1098	(a)  Each student must participate in the statewide
1099	assessment tests required by s. 1008.22. Each student who does
1100	not meet specific levels of performance as determined by the
1101	district school board in FCAT Reading, Writing, Science, and
1102	Mathematics for each grade level, or who scores below Level 3 in
1103	FCAT Reading or FCAT Mathematics math, must be provided with
1104	additional diagnostic assessments to determine the nature of the
1105	student's difficulty, the areas of academic need, and strategies
1106	for appropriate intervention and instruction as described in
1107	paragraph (b).
1108	Section 12.  Subsection (3) of section 1008.30, Florida
1109	Statutes, is amended to read:
1110	1008.30  Common placement testing for public postsecondary
1111	education.-
1112	(3)  The State Board of Education shall adopt rules that
1113	require high schools to evaluate before the beginning of grade
1114	12 the college readiness of each student who indicates an
1115	interest in postsecondary education and scores at Level 2 or
1116	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1117	Level 3, or Level 4 on the mathematics assessments under s.
1118	1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1119	perform this evaluation using results from the corresponding
1120	component of the common placement test prescribed in this
1121	section, or an equivalent test identified by the State Board of
1122	Education. The Department of Education shall purchase or develop
1123	the assessments necessary to perform the evaluations required by
1124	this subsection and shall work with the school districts to
1125	administer the assessments. The State Board of Education shall
1126	establish by rule the minimum test scores a student must achieve
1127	to demonstrate readiness. Students who demonstrate readiness by
1128	achieving the minimum test scores established by the state board
1129	and enroll in a community college within 2 years of achieving
1130	such scores shall not be required to enroll in remediation
1131	courses as a condition of acceptance to any community college.
1132	The high school shall use the results of the test to advise the
1133	students of any identified deficiencies and to the maximum
1134	extent practicable provide 12th grade students access to
1135	appropriate remedial instruction prior to high school
1136	graduation. The remedial instruction provided under this
1137	subsection shall be a collaborative effort between secondary and
1138	postsecondary educational institutions. To the extent courses
1139	are available, the Florida Virtual School may be used to provide
1140	the remedial instruction required by this subsection.
1141	Section 13.  Paragraphs (b) and (c) of subsection (3) of
1142	section 1008.34, Florida Statutes, are amended to read:
1143	1008.34  School grading system; school report cards;
1144	district grade.-
1145	(3)  DESIGNATION OF SCHOOL GRADES.-
1146	(b)1.  A school's grade shall be based on a combination of:
1147	a.  Student achievement scores, including performance on
1148	all FCAT assessments administered under s. 1008.22(3)(c)1. and
1149	end-of-course assessments administered under s.
1150	1008.22(3)(c)2.a., and achievement scores for students seeking a
1151	special diploma.
1152	b.  Student learning gains in reading and mathematics as
1153	measured by annual FCAT and end-of-course assessments in grades
1154	3 through 10; learning gains for students seeking a special
1155	diploma, as measured by an alternate assessment tool, shall be
1156	included not later than the 2009-2010 school year.
1157	c.  Improvement of the lowest 25th percentile of students
1158	in the school in reading and, mathematics, or writing on the
1159	FCAT and end-of-course assessments, unless these students are
1160	exhibiting satisfactory performance.
1161	2.  Beginning with the 2009-2010 school year for schools
1162	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1163	11, and 12, 50 percent of the school grade shall be based on a
1164	combination of the factors listed in sub-subparagraphs 1.a.-c.
1165	and the remaining 50 percent on the following factors:
1166	a.  The high school graduation rate of the school;
1167	b.  As valid data becomes available, the performance and
1168	participation of the school's students in College Board Advanced
1169	Placement courses, International Baccalaureate courses, dual
1170	enrollment courses, and Advanced International Certificate of
1171	Education courses; and the students' achievement of national
1172	industry certifications identified in the Industry Certification
1173	Funding List, pursuant to rules adopted by the State Board of
1174	Education certification, as determined by the Agency for
1175	Workforce Innovation under s. 1003.492(2) in a career and
1176	professional academy, as described in s. 1003.493;
1177	c.  Postsecondary readiness of the school's students as
1178	measured by the SAT, ACT, or the common placement test;
1179	d.  The high school graduation rate of at-risk students who
1180	scored at Level 2 or lower on the grade 8 FCAT Reading and
1181	Mathematics examinations;
1182	e.  As valid data becomes available, the performance of the
1183	school's students on statewide, standardized end-of-course
1184	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1185	f.  The growth or decline in the components listed in sub-
1186	subparagraphs a.-e. from year to year.
1187	(c)  Student assessment data used in determining school
1188	grades shall include:
1189	1.  The aggregate scores of all eligible students enrolled
1190	in the school who have been assessed on the FCAT assessments
1191	administered under s. 1008.22(3)(c)1. and end-of-course
1192	assessments administered under s. 1008.22(3)(c)2.a.
1193	2.  The aggregate scores of all eligible students enrolled
1194	in the school who have been assessed on the FCAT and end-of-
1195	course assessments and who have scored at or in the lowest 25th
1196	percentile of students in the school in reading and,
1197	mathematics, or writing, unless these students are exhibiting
1198	satisfactory performance.
1199	3.  Effective with the 2005-2006 school year, the
1200	achievement scores and learning gains of eligible students
1201	attending alternative schools that provide dropout prevention
1202	and academic intervention services pursuant to s. 1003.53. The
1203	term "eligible students" in this subparagraph does not include
1204	students attending an alternative school who are subject to
1205	district school board policies for expulsion for repeated or
1206	serious offenses, who are in dropout retrieval programs serving
1207	students who have officially been designated as dropouts, or who
1208	are in programs operated or contracted by the Department of
1209	Juvenile Justice. The student performance data for eligible
1210	students identified in this subparagraph shall be included in
1211	the calculation of the home school's grade. As used in this
1212	section and s. 1008.341, the term "home school" means the school
1213	to which the student would be assigned if the student were not
1214	assigned to an alternative school. If an alternative school
1215	chooses to be graded under this section, student performance
1216	data for eligible students identified in this subparagraph shall
1217	not be included in the home school's grade but shall be included
1218	only in the calculation of the alternative school's grade. A
1219	school district that fails to assign the FCAT and end-of-course
1220	assessment scores of each of its students to his or her home
1221	school or to the alternative school that receives a grade shall
1222	forfeit Florida School Recognition Program funds for 1 fiscal
1223	year. School districts must require collaboration between the
1224	home school and the alternative school in order to promote
1225	student success. This collaboration must include an annual
1226	discussion between the principal of the alternative school and
1227	the principal of each student's home school concerning the most
1228	appropriate school assignment of the student.
1229	4.  Beginning with the 2009-2010 school year for schools
1230	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1231	11, and 12, the data listed in subparagraphs 1.-3. and the
1232	following data as the Department of Education determines such
1233	data are valid and available:
1234	a.  The high school graduation rate of the school as
1235	calculated by the Department of Education;
1236	b.  The participation rate of all eligible students
1237	enrolled in the school and enrolled in College Board Advanced
1238	Placement courses; International Baccalaureate courses; dual
1239	enrollment courses; Advanced International Certificate of
1240	Education courses; and courses or sequence of courses leading to
1241	national industry certifications identified in the Industry
1242	Certification Funding List, pursuant to rules adopted by the
1243	State Board of Education certification, as determined by the
1244	Agency for Workforce Innovation under s. 1003.492(2) in a career
1245	and professional academy, as described in s. 1003.493;
1246	c.  The aggregate scores of all eligible students enrolled
1247	in the school in College Board Advanced Placement courses,
1248	International Baccalaureate courses, and Advanced International
1249	Certificate of Education courses;
1250	d.  Earning of college credit by all eligible students
1251	enrolled in the school in dual enrollment programs under s.
1252	1007.271;
1253	e.  Earning of national an industry certifications
1254	identified in the Industry Certification Funding List, pursuant
1255	to rules adopted by the State Board of Education certification,
1256	as determined by the Agency for Workforce Innovation under s.
1257	1003.492(2) in a career and professional academy, as described
1258	in s. 1003.493;
1259	f.  The aggregate scores of all eligible students enrolled
1260	in the school in reading, mathematics, and other subjects as
1261	measured by the SAT, the ACT, and the common placement test for
1262	postsecondary readiness;
1263	g.  The high school graduation rate of all eligible at-risk
1264	students enrolled in the school who scored at Level 2 or lower
1265	on the grade 8 FCAT Reading and Mathematics examinations;
1266	h.  The performance of the school's students on statewide,
1267	standardized end-of-course assessments administered under s.
1268	1008.22(3)(c)2.b. and c.; and
1269	i.  The growth or decline in the data components listed in
1270	sub-subparagraphs a.-h. from year to year.
1271
1272	The State Board of Education shall adopt appropriate criteria
1273	for each school grade. The criteria must also give added weight
1274	to student achievement in reading. Schools designated with a
1275	grade of "C," making satisfactory progress, shall be required to
1276	demonstrate that adequate progress has been made by students in
1277	the school who are in the lowest 25th percentile in reading and,
1278	mathematics, or writing on the FCAT and end-of-course
1279	assessments, unless these students are exhibiting satisfactory
1280	performance. Beginning with the 2009-2010 school year for
1281	schools comprised of high school grades 9, 10, 11, and 12, or
1282	grades 10, 11, and 12, the criteria for school grades must also
1283	give added weight to the graduation rate of all eligible at-risk
1284	students, as defined in this paragraph. Beginning in the 2009-
1285	2010 school year, in order for a high school to be designated as
1286	having a grade of "A," making excellent progress, the school
1287	must demonstrate that at-risk students, as defined in this
1288	paragraph, in the school are making adequate progress.
1289	Section 14.  Subsection (3) of section 1008.341, Florida
1290	Statutes, is amended to read:
1291	1008.341  School improvement rating for alternative
1292	schools.-
1293	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1294	used in determining an alternative school's school improvement
1295	rating shall include:
1296	(a)  The aggregate scores on statewide assessments
1297	administered under s. 1008.22 for of all eligible students who
1298	were assigned to and enrolled in the school during the October
1299	or February FTE count, who have been assessed on the FCAT, and
1300	who have FCAT or comparable scores for the preceding school
1301	year.
1302	(b)  The aggregate scores on statewide assessments
1303	administered under s. 1008.22 for of all eligible students who
1304	were assigned to and enrolled in the school during the October
1305	or February FTE count, who have been assessed on the FCAT and
1306	who have scored in the lowest 25th percentile of students in the
1307	state on FCAT Reading.
1308
1309	The assessment scores of students who are subject to district
1310	school board policies for expulsion for repeated or serious
1311	offenses, who are in dropout retrieval programs serving students
1312	who have officially been designated as dropouts, or who are in
1313	programs operated or contracted by the Department of Juvenile
1314	Justice may not be included in an alternative school's school
1315	improvement rating.
1316	Section 15.  Subsection (4) of section 1008.36, Florida
1317	Statutes, is amended to read:
1318	1008.36  Florida School Recognition Program.-
1319	(4)  All selected schools shall receive financial awards
1320	depending on the availability of funds appropriated and the
1321	number and size of schools selected to receive an award. Funds
1322	must be distributed to the school's fiscal agent and placed in
1323	the school's account and must be used for purposes listed in
1324	subsection (5) as determined jointly by the school's staff and
1325	school advisory council. If school staff and the school advisory
1326	council cannot reach agreement by February November 1, the
1327	awards must be equally distributed to all classroom teachers
1328	currently teaching in the school. Beginning with the 2009-2010
1329	school year, if a school selected to receive a school
1330	recognition award is no longer in existence at the time the
1331	award is paid, the district school superintendent shall
1332	determine how the school recognition funds shall be used to
1333	support the district in accordance with subsection (5).
1334
1335	Notwithstanding statutory provisions to the contrary, incentive
1336	awards are not subject to collective bargaining.
1337	Section 16.  This act shall take effect July 1, 2010.

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