HB 47C

1
A bill to be entitled
2An act relating to the Florida Comprehensive Assessment
3Test; amending s. 1008.22, F.S.; discontinuing use of the
4Florida Comprehensive Assessment Test (FCAT) under the
5statewide assessment program in the public schools;
6continuing use of end-of-course assessments as required or
7developed and implemented under the section; amending ss.
81002.33, 1003.03, 1003.413, 1003.4156, 1003.428, 1003.429,
91003.4295, 1003.433, 1008.25, 1008.30, 1008.34, 1008.341,
101011.62, and 1012.22, F.S.; conforming provisions to
11changes made by the act; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (c) of subsection (3), subsection
16(6), paragraph (a) of subsection (7), and subsections (10)
17through (13) of section 1008.22, Florida Statutes, as amended by
18chapters 2010-22 and 2010-48, Laws of Florida, are amended to
19read:
20     1008.22  Student assessment program for public schools.-
21     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
22design and implement a statewide program of educational
23assessment that provides information for the improvement of the
24operation and management of the public schools, including
25schools operating for the purpose of providing educational
26services to youth in Department of Juvenile Justice programs.
27The commissioner may enter into contracts for the continued
28administration of the assessment, testing, and evaluation
29programs authorized and funded by the Legislature. Contracts may
30be initiated in 1 fiscal year and continue into the next and may
31be paid from the appropriations of either or both fiscal years.
32The commissioner is authorized to negotiate for the sale or
33lease of tests, scoring protocols, test scoring services, and
34related materials developed pursuant to law. Pursuant to the
35statewide assessment program, the commissioner shall:
36     (c)  Develop and implement a student achievement testing
37program as follows:
38     1.  The Florida Comprehensive Assessment Test (FCAT)
39measures a student's content knowledge and skills in reading,
40writing, science, and mathematics. The content knowledge and
41skills assessed by the FCAT must be aligned to the core
42curricular content established in the Next Generation Sunshine
43State Standards. Other content areas may be included as directed
44by the commissioner. Comprehensive assessments of reading and
45mathematics shall be administered annually in grades 3 through
4610 except, beginning with the 2010-2011 school year, the
47administration of grade 9 FCAT Mathematics shall be
48discontinued, and beginning with the 2011-2012 school year, the
49administration of grade 10 FCAT Mathematics shall be
50discontinued, except as required for students who have not
51attained minimum performance expectations for graduation as
52provided in paragraph (9)(c). FCAT Writing and FCAT Science
53shall be administered at least once at the elementary, middle,
54and high school levels except, beginning with the 2011-2012
55school year, the administration of FCAT Science at the high
56school level shall be discontinued.
57     1.2.a.  End-of-course assessments for a subject shall be
58administered as required or otherwise implemented under this
59section in addition to the comprehensive assessments required
60under subparagraph 1. End-of-course assessments must be
61rigorous, statewide, standardized, and developed or approved by
62the department. The content knowledge and skills assessed by
63end-of-course assessments must be aligned to the core curricular
64content established in the Next Generation Sunshine State
65Standards.
66     (I)  Statewide, standardized end-of-course assessments in
67mathematics shall be administered according to this sub-sub-
68subparagraph. Beginning with the 2010-2011 school year, all
69students enrolled in Algebra I or an equivalent course must take
70the Algebra I end-of-course assessment. Students who earned high
71school credit in Algebra I while in grades 6 through 8 during
72the 2007-2008 through 2009-2010 school years and who have not
73taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
74course assessment during the 2010-2011 school year. For students
75entering grade 9 during the 2010-2011 school year and who are
76enrolled in Algebra I or an equivalent, each student's
77performance on the end-of-course assessment in Algebra I shall
78constitute 30 percent of the student's final course grade.
79Beginning with students entering grade 9 in the 2011-2012 school
80year, a student who is enrolled in Algebra I or an equivalent
81must earn a passing score on the end-of-course assessment in
82Algebra I or attain an equivalent score as described in
83subsection (11) in order to earn course credit. Beginning with
84the 2011-2012 school year, all students enrolled in geometry or
85an equivalent course must take the geometry end-of-course
86assessment. For students entering grade 9 during the 2011-2012
87school year, each student's performance on the end-of-course
88assessment in geometry shall constitute 30 percent of the
89student's final course grade. Beginning with students entering
90grade 9 during the 2012-2013 school year, a student must earn a
91passing score on the end-of-course assessment in geometry or
92attain an equivalent score as described in subsection (11) in
93order to earn course credit.
94     (II)  Statewide, standardized end-of-course assessments in
95science shall be administered according to this sub-sub-
96subparagraph. Beginning with the 2011-2012 school year, all
97students enrolled in Biology I or an equivalent course must take
98the Biology I end-of-course assessment. For the 2011-2012 school
99year, each student's performance on the end-of-course assessment
100in Biology I shall constitute 30 percent of the student's final
101course grade. Beginning with students entering grade 9 during
102the 2012-2013 school year, a student must earn a passing score
103on the end-of-course assessment in Biology I in order to earn
104course credit.
105     b.  During the 2012-2013 school year, an end-of-course
106assessment in civics education shall be administered as a field
107test at the middle school level. During the 2013-2014 school
108year, each student's performance on the statewide, standardized
109end-of-course assessment in civics education shall constitute 30
110percent of the student's final course grade. Beginning with the
1112014-2015 school year, a student must earn a passing score on
112the end-of-course assessment in civics education in order to
113pass the course and receive course credit.
114     c.  The commissioner may select one or more nationally
115developed comprehensive examinations, which may include, but
116need not be limited to, examinations for a College Board
117Advanced Placement course, International Baccalaureate course,
118or Advanced International Certificate of Education course, or
119industry-approved examinations to earn national industry
120certifications identified in the Industry Certification Funding
121List, pursuant to rules adopted by the State Board of Education,
122for use as end-of-course assessments under this paragraph, if
123the commissioner determines that the content knowledge and
124skills assessed by the examinations meet or exceed the grade
125level expectations for the core curricular content established
126for the course in the Next Generation Sunshine State Standards.
127The commissioner may collaborate with the American Diploma
128Project in the adoption or development of rigorous end-of-course
129assessments that are aligned to the Next Generation Sunshine
130State Standards.
131     d.  Contingent upon funding provided in the General
132Appropriations Act, including the appropriation of funds
133received through federal grants, the Commissioner of Education
134shall establish an implementation schedule for the development
135and administration of additional statewide, standardized end-of-
136course assessments in English/Language Arts II, Algebra II,
137chemistry, physics, earth/space science, United States history,
138and world history. Priority shall be given to the development of
139end-of-course assessments in English/Language Arts II. The
140Commissioner of Education shall evaluate the feasibility and
141effect of transitioning from the grade 9 and grade 10 FCAT
142Reading and high school level FCAT Writing to an end-of-course
143assessment in English/Language Arts II. The commissioner shall
144report the results of the evaluation to the President of the
145Senate and the Speaker of the House of Representatives no later
146than July 1, 2011.
147     2.3.  The testing program shall measure student content
148knowledge and skills adopted by the State Board of Education as
149specified in paragraph (a) and measure and report student
150performance levels of all students assessed in reading, writing,
151mathematics, and science. The commissioner shall provide for the
152tests to be developed or obtained, as appropriate, through
153contracts and project agreements with private vendors, public
154vendors, public agencies, postsecondary educational
155institutions, or school districts. The commissioner shall obtain
156input with respect to the design and implementation of the
157testing program from state educators, assistive technology
158experts, and the public.
159     3.4.  The testing program shall be composed of criterion-
160referenced tests that shall, to the extent determined by the
161commissioner, include test items that require the student to
162produce information or perform tasks in such a way that the core
163content knowledge and skills he or she uses can be measured.
164     4.5.  FCAT Reading, Mathematics, and Science and All
165statewide, standardized end-of-course assessments shall measure
166the content knowledge and skills a student has attained on the
167assessment by the use of scaled scores and achievement levels.
168Achievement levels shall range from 1 through 5, with level 1
169being the lowest achievement level, level 5 being the highest
170achievement level, and level 3 indicating satisfactory
171performance on an assessment. For purposes of FCAT Writing,
172student achievement shall be scored using a scale of 1 through 6
173and the score earned shall be used in calculating school grades.
174A score shall be designated for each subject area tested, below
175which score a student's performance is deemed inadequate. The
176school districts shall provide appropriate remedial instruction
177to students who score below these levels.
178     5.6.  The State Board of Education shall, by rule,
179designate a passing score for each part of the grade 10
180assessment test and end-of-course assessment assessments. Any
181rule that has the effect of raising the required passing scores
182may apply only to students taking the assessment for the first
183time after the rule is adopted by the State Board of Education.
184Except as otherwise provided in this subparagraph and as
185provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
186must earn a passing score on grade 10 FCAT Reading and grade 10
187FCAT Mathematics or attain concordant scores as described in
188subsection (10) in order to qualify for a standard high school
189diploma.
190     6.7.  In addition to designating a passing score under
191subparagraph 5. 6., the State Board of Education shall also
192designate, by rule, a score for each statewide, standardized
193end-of-course assessment which indicates that a student is high
194achieving and has the potential to meet college-readiness
195standards by the time the student graduates from high school.
196     7.8.  Participation in the testing program is mandatory for
197all students attending public school, including students served
198in Department of Juvenile Justice programs, except as otherwise
199prescribed by the commissioner. A student who has not earned
200passing scores on the grade 10 FCAT as provided in subparagraph
2016. must participate in each retake of the assessment until the
202student earns passing scores or achieves scores on a
203standardized assessment which are concordant with passing scores
204pursuant to subsection (10). If a student does not participate
205in the statewide assessment, the district must notify the
206student's parent and provide the parent with information
207regarding the implications of such nonparticipation. A parent
208must provide signed consent for a student to receive classroom
209instructional accommodations that would not be available or
210permitted on the statewide assessments and must acknowledge in
211writing that he or she understands the implications of such
212instructional accommodations. The State Board of Education shall
213adopt rules, based upon recommendations of the commissioner, for
214the provision of test accommodations for students in exceptional
215education programs and for students who have limited English
216proficiency. Accommodations that negate the validity of a
217statewide assessment are not allowable in the administration of
218the FCAT or an end-of-course assessment. However, Instructional
219accommodations are allowable in the classroom if included in a
220student's individual education plan. Students using
221instructional accommodations in the classroom that are not
222allowable as accommodations on the FCAT or an end-of-course
223assessment may have the FCAT or an end-of-course assessment
224requirement waived pursuant to the requirements of s.
2251003.428(8)(b) or s. 1003.43(11)(b).
226     8.9.  A student seeking an adult high school diploma must
227meet the same testing requirements that a regular high school
228student must meet.
229     9.10.  District school boards must provide instruction to
230prepare students in the core curricular content established in
231the Next Generation Sunshine State Standards adopted under s.
2321003.41, including the core content knowledge and skills
233necessary for successful grade-to-grade progression and high
234school graduation. If a student is provided with instructional
235accommodations in the classroom that are not allowable as
236accommodations in the statewide assessment program, as described
237in the test manuals, the district must inform the parent in
238writing and must provide the parent with information regarding
239the impact on the student's ability to meet expected performance
240levels in reading, writing, mathematics, and science. The
241commissioner shall conduct studies as necessary to verify that
242the required core curricular content is part of the district
243instructional programs.
244     10.11.  District school boards must provide opportunities
245for students to demonstrate an acceptable performance level on
246an alternative standardized assessment approved by the State
247Board of Education following enrollment in summer academies.
248     11.12.  The Department of Education must develop, or
249select, and implement a common battery of assessment tools that
250will be used in all juvenile justice programs in the state.
251These tools must accurately measure the core curricular content
252established in the Next Generation Sunshine State Standards.
253     12.13.  For students seeking a special diploma pursuant to
254s. 1003.438, the Department of Education must develop or select
255and implement an alternate assessment tool that accurately
256measures the core curricular content established in the Next
257Generation Sunshine State Standards for students with
258disabilities under s. 1003.438.
259     14.  The Commissioner of Education shall establish
260schedules for the administration of statewide assessments and
261the reporting of student test results. When establishing the
262schedules for the administration of statewide assessments, the
263commissioner shall consider the observance of religious and
264school holidays. The commissioner shall, by August 1 of each
265year, notify each school district in writing and publish on the
266department's Internet website the testing and reporting
267schedules for, at a minimum, the school year following the
268upcoming school year. The testing and reporting schedules shall
269require that:
270     a.  There is the latest possible administration of
271statewide assessments and the earliest possible reporting to the
272school districts of student test results which is feasible
273within available technology and specific appropriations;
274however, test results for the FCAT must be made available no
275later than the week of June 8. Student results for end-of-course
276assessments must be provided no later than 1 week after the
277school district completes testing for each course.
278     b.  Beginning with the 2010-2011 school year, FCAT Writing
279is not administered earlier than the week of March 1 and a
280comprehensive statewide assessment of any other subject is not
281administered earlier than the week of April 15.
282     13.c.  A statewide, standardized end-of-course assessment
283is administered during a 3-week period at the end of the course.
284The commissioner shall select a 3-week administration period for
285assessments that meets the intent of end-of-course assessments
286and provides student results prior to the end of the course.
287School districts shall select 1 testing week within the 3-week
288administration period for each end-of-course assessment. For an
289end-of-course assessment administered at the end of the first
290semester, the commissioner shall determine the most appropriate
291testing dates based on a school district's academic calendar.
292
293The commissioner may, based on collaboration and input from
294school districts, design and implement student testing programs,
295for any grade level and subject area, necessary to effectively
296monitor educational achievement in the state, including the
297measurement of educational achievement of the Next Generation
298Sunshine State Standards for students with disabilities.
299Development and refinement of assessments shall include
300universal design principles and accessibility standards that
301will prevent any unintended obstacles for students with
302disabilities while ensuring the validity and reliability of the
303test. These principles should be applicable to all technology
304platforms and assistive devices available for the assessments.
305The field testing process and psychometric analyses for the
306statewide assessment program must include an appropriate
307percentage of students with disabilities and an evaluation or
308determination of the effect of test items on such students.
309     (6)  SCHOOL TESTING PROGRAMS.-Each public school shall
310participate in the statewide assessment program in accordance
311with the testing and reporting schedules published by the
312Commissioner of Education under subparagraph (3)(c)11.12. unless
313specifically exempted by state board rule based on serving a
314specialized population for which standardized testing is not
315appropriate. Student performance data shall be analyzed and
316reported to parents, the community, and the state. Student
317performance data shall be used in developing objectives of the
318school improvement plan, evaluation of instructional personnel,
319evaluation of administrative personnel, assignment of staff,
320allocation of resources, acquisition of instructional materials
321and technology, performance-based budgeting, and promotion and
322assignment of students into educational programs. The analysis
323of student performance data also must identify strengths and
324needs in the educational program and trends over time. The
325analysis must be used in conjunction with the budgetary planning
326processes developed pursuant to s. 1008.385 and the development
327of the programs of remediation.
328     (7)  REQUIRED ANALYSES.-The commissioner shall provide, at
329a minimum, for the following analyses of data produced by the
330student achievement testing program:
331     (a)  The statistical system for the annual assessments
332shall use measures of student learning, such as the end-of-
333course assessments FCAT, to determine teacher, school, and
334school district statistical distributions, which shall be
335determined using available data from the end-of-course
336assessments FCAT, and other data collection as deemed
337appropriate by the Department of Education, to measure the
338differences in student prior year achievement compared to the
339current year achievement for the purposes of accountability and
340recognition.
341     (10)  CONCORDANT SCORES FOR THE FCAT.-
342     (a)  The Commissioner of Education shall analyze the
343content and concordant data sets for nationally recognized high
344school achievement tests, including, but not limited to, the
345PSAT, PLAN, SAT, ACT, and College Placement Test, to assess if
346concordant scores for FCAT scores can be determined for high
347school graduation. When content alignment and concordant scores
348can be determined, the Commissioner of Education shall adopt
349those scores as meeting the graduation requirement in lieu of
350achieving the FCAT passing score and may adopt those scores as
351being sufficient to achieve additional purposes as determined by
352rule. Each time that test content or scoring procedures change
353for the FCAT or for a high school achievement test for which a
354concordant score is determined, new concordant scores must be
355determined.
356     (b)  The State Board of Education may define by rule the
357allowable uses, other than to satisfy the high school graduation
358requirement, for concordant scores as described in this
359subsection. Such uses may include, but need not be limited to,
360achieving appropriate standardized test scores required for the
361awarding of Florida Bright Futures Scholarships and college
362placement.
363     (10)(11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
364     (a)  The Commissioner of Education shall analyze the
365content and equivalent data sets for nationally recognized high
366school achievement tests and industry certification tests under
367the Industry Certification Funding List, pursuant to rules
368adopted by the State Board of Education, including, but not
369limited to, grade 10 FCAT Mathematics retakes until such retakes
370are discontinued pursuant to subsection (9), the PSAT, the PLAN,
371the SAT, the ACT, and the College Placement Test, to assess if
372equivalent scores for end-of-course assessment scores can be
373determined for passage of an end-of-course assessment. When
374content alignment and equivalent scores can be determined, the
375Commissioner of Education shall adopt those scores as meeting
376the requirement to pass the end-of-course assessment and as
377being sufficient to achieve additional purposes as determined by
378rule. Each time that assessment content or scoring procedures
379change for an end-of-course assessment or for a high school
380achievement test or an industry certification test under the
381Industry Certification Funding List, pursuant to rules adopted
382by the State Board of Education for which an equivalent score is
383determined, new equivalent scores must be determined.
384     (b)  Use of an equivalent score adopted by the State Board
385of Education under paragraph (a) for purposes of grade
386adjustment, grade forgiveness, or course credit recovery is
387contingent upon and subject to district school board rules.
388     (11)(12)  REPORTS.-The Department of Education shall
389annually provide a report to the Governor, the President of the
390Senate, and the Speaker of the House of Representatives on the
391following:
392     (a)  Longitudinal performance of students in mathematics
393and reading.
394     (b)  Longitudinal performance of students by grade level in
395mathematics and reading.
396     (c)  Longitudinal performance regarding efforts to close
397the achievement gap.
398     (d)  Other student performance data based on national norm-
399referenced and criterion-referenced tests, when available, and
400numbers of students who after 8th grade enroll in adult
401education rather than other secondary education.
402     (12)(13)  RULES.-The State Board of Education shall adopt
403rules pursuant to ss. 120.536(1) and 120.54 to implement the
404provisions of this section.
405     Section 2.  Paragraph (a) of subsection (20) of section
4061002.33, Florida Statutes, as amended by chapter 2010-154, Laws
407of Florida, is amended to read:
408     1002.33  Charter schools.-
409     (20)  SERVICES.-
410     (a)1.  A sponsor shall provide certain administrative and
411educational services to charter schools. These services shall
412include contract management services; full-time equivalent and
413data reporting services; exceptional student education
414administration services; services related to eligibility and
415reporting duties required to ensure that school lunch services
416under the federal lunch program, consistent with the needs of
417the charter school, are provided by the school district at the
418request of the charter school, that any funds due to the charter
419school under the federal lunch program be paid to the charter
420school as soon as the charter school begins serving food under
421the federal lunch program, and that the charter school is paid
422at the same time and in the same manner under the federal lunch
423program as other public schools serviced by the sponsor or the
424school district; test administration services, including payment
425of the costs of state-required or district-required student
426assessments; processing of teacher certificate data services;
427and information services, including equal access to student
428information systems that are used by public schools in the
429district in which the charter school is located. Student
430performance data for each student in a charter school,
431including, but not limited to, FCAT scores, standardized test
432scores, previous public school student report cards, and student
433performance measures, shall be provided by the sponsor to a
434charter school in the same manner provided to other public
435schools in the district.
436     2.  A total administrative fee for the provision of such
437services shall be calculated based upon up to 5 percent of the
438available funds defined in paragraph (17)(b) for all students.
439However, a sponsor may only withhold up to a 5-percent 250
440students. For charter schools with a population of 251 or more
441students, the difference between the total administrative fee
442calculation and the amount of the administrative fee withheld
443may only be used for capital outlay purposes specified in s.
4441013.62(2).
445     3.  In addition, a sponsor may withhold only up to a 5-
446percent administrative fee for enrollment for up to and
447including 500 students within a system of charter schools which
448meets all of the following:
449     a.  Includes both conversion charter schools and
450nonconversion charter schools;
451     b.  Has all schools located in the same county;
452     c.  Has a total enrollment exceeding the total enrollment
453of at least one school district in the state;
454     d.  Has the same governing board; and
455     e.  Does not contract with a for-profit service provider
456for management of school operations.
457     4.  The difference between the total administrative fee
458calculation and the amount of the administrative fee withheld
459pursuant to subparagraph 3. may be used for instructional and
460administrative purposes as well as for capital outlay purposes
461specified in s. 1013.62(2).
462     5.  Each charter school shall receive 100 percent of the
463funds awarded to that school pursuant to s. 1012.225. Sponsors
464shall not charge charter schools any additional fees or
465surcharges for administrative and educational services in
466addition to the maximum 5-percent administrative fee withheld
467pursuant to this paragraph.
468     Section 3.  Paragraph (c) of subsection (3) of section
4691003.03, Florida Statutes, as amended by section 11 of chapter
4702010-154, Laws of Florida, and, if Senate Joint Resolution 2 is
471approved by the electors at the 2010 General Election, as
472amended by section 12 of chapter 2010-154, Laws of Florida, is
473amended to read:
474     1003.03  Maximum class size.-
475     (3)  IMPLEMENTATION OPTIONS.-District school boards must
476consider, but are not limited to, implementing the following
477items in order to meet the constitutional class size maximums
478described in subsection (1):
479     (c)1.  Repeal district school board policies that require
480students to have more than 24 credits to graduate from high
481school.
482     2.  Adopt policies to allow students to graduate from high
483school as soon as they pass all end-of-course assessments
484required for the grade 10 FCAT and complete the courses required
485for high school graduation.
486     Section 4.  Paragraph (d) of subsection (3) of section
4871003.413, Florida Statutes, as amended by chapter 2010-22, Laws
488of Florida, is amended to read:
489     1003.413  Florida Secondary School Redesign Act.-
490     (3)  Based on these guiding principles, district school
491boards shall establish policies to implement the requirements of
492ss. 1003.4156, 1003.428, and 1003.493. The policies must
493address:
494     (d)  Credit recovery courses and intensive reading and
495mathematics intervention courses based on student performance on
496FCAT Reading and Mathematics. These courses should be competency
497based and offered through innovative delivery systems, including
498computer-assisted instruction. School districts should use
499learning gains as well as other appropriate data and provide
500incentives to identify and reward high-performing teachers who
501teach credit recovery and intensive intervention courses.
502     Section 5.  Subsection (1) of section 1003.4156, Florida
503Statutes, as amended by chapters 2010-22 and 2010-48, Laws of
504Florida, is amended to read:
505     1003.4156  General requirements for middle grades
506promotion.-
507     (1)  Beginning with students entering grade 6 in the 2006-
5082007 school year, promotion from a school composed of middle
509grades 6, 7, and 8 requires that:
510     (a)  The student must successfully complete academic
511courses as follows:
512     1.  Three middle school or higher courses in English. These
513courses shall emphasize literature, composition, and technical
514text.
515     2.  Three middle school or higher courses in mathematics.
516Each middle school must offer at least one high school level
517mathematics course for which students may earn high school
518credit. Successful completion of a high school level Algebra I
519or geometry course is not contingent upon the student's
520performance on the end-of-course assessment required under s.
5211008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I). However, beginning
522with the 2011-2012 school year, to earn high school credit for
523an Algebra I course, a middle school student must pass the
524Algebra I end-of-course assessment, and beginning with the 2012-
5252013 school year, to earn high school credit for a geometry
526course, a middle school student must pass the geometry end-of-
527course assessment.
528     3.  Three middle school or higher courses in social
529studies, one semester of which must include the study of state
530and federal government and civics education. Beginning with
531students entering grade 6 in the 2012-2013 school year, one of
532these courses must be at least a one-semester civics education
533course that a student successfully completes in accordance with
534s. 1008.22(3)(c) and that includes the roles and
535responsibilities of federal, state, and local governments; the
536structures and functions of the legislative, executive, and
537judicial branches of government; and the meaning and
538significance of historic documents, such as the Articles of
539Confederation, the Declaration of Independence, and the
540Constitution of the United States.
541     4.  Three middle school or higher courses in science.
542Successful completion of a high school level Biology I course is
543not contingent upon the student's performance on the end-of-
544course assessment required under s. 1008.22(3)(c)1.a.(II) s.
5451008.22(3)(c)2.a.(II). However, beginning with the 2012-2013
546school year, to earn high school credit for a Biology I course,
547a middle school student must pass the Biology I end-of-course
548assessment.
549     5.  One course in career and education planning to be
550completed in 7th or 8th grade. The course may be taught by any
551member of the instructional staff; must include career
552exploration using Florida CHOICES or a comparable cost-effective
553program; must include educational planning using the online
554student advising system known as Florida Academic Counseling and
555Tracking for Students at the Internet website FACTS.org; and
556shall result in the completion of a personalized academic and
557career plan. The required personalized academic and career plan
558must inform students of high school graduation requirements,
559high school assessment and college entrance test requirements,
560Florida Bright Futures Scholarship Program requirements, state
561university and Florida college admission requirements, and
562programs through which a high school student can earn college
563credit, including Advanced Placement, International
564Baccalaureate, Advanced International Certificate of Education,
565dual enrollment, career academy opportunities, and courses that
566lead to national industry certification.
567
568Each school must hold a parent meeting either in the evening or
569on a weekend to inform parents about the course curriculum and
570activities. Each student shall complete an electronic personal
571education plan that must be signed by the student; the student's
572instructor, guidance counselor, or academic advisor; and the
573student's parent. The Department of Education shall develop
574course frameworks and professional development materials for the
575career exploration and education planning course. The course may
576be implemented as a stand-alone course or integrated into
577another course or courses. The Commissioner of Education shall
578collect longitudinal high school course enrollment data by
579student ethnicity in order to analyze course-taking patterns.
580     (b)  For each year in which a student scores below grade
581level in reading at Level l on FCAT Reading, the student must be
582enrolled in and complete an intensive reading course the
583following year. Placement of Level 2 readers in either an
584intensive reading course or a content area course in which
585reading strategies are delivered shall be determined by
586diagnosis of reading needs. The department shall provide
587guidance on appropriate strategies for diagnosing and meeting
588the varying instructional needs of students reading below grade
589level. Reading courses shall be designed and offered pursuant to
590the comprehensive reading plan required by s. 1011.62(9).
591     (c)  For each year in which a student scores below grade
592level in mathematics at Level 1 or Level 2 on FCAT Mathematics,
593the student must receive remediation the following year, which
594may be integrated into the student's required mathematics
595course.
596     Section 6.  Subsections (2) and (4), paragraph (b) of
597subsection (7), and subsection (8) of section 1003.428, Florida
598Statutes, as amended by chapter 2010-22, Laws of Florida, are
599amended to read:
600     1003.428  General requirements for high school graduation;
601revised.-
602     (2)  The 24 credits may be earned through applied,
603integrated, and combined courses approved by the Department of
604Education. The 24 credits shall be distributed as follows:
605     (a)  Sixteen core curriculum credits:
606     1.  Four credits in English, with major concentration in
607composition, reading for information, and literature.
608     2.  Four credits in mathematics, one of which must be
609Algebra I, a series of courses equivalent to Algebra I, or a
610higher-level mathematics course. Beginning with students
611entering grade 9 in the 2010-2011 school year, in addition to
612the Algebra I credit requirement, one of the four credits in
613mathematics must be geometry or a series of courses equivalent
614to geometry as approved by the State Board of Education.
615Beginning with students entering grade 9 in the 2010-2011 school
616year, the end-of-course assessment requirements under s.
6171008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be met in
618order for a student to earn the required credit in Algebra I.
619Beginning with students entering grade 9 in the 2011-2012 school
620year, the end-of-course assessment requirements under s.
6211008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be met in
622order for a student to earn the required credit in geometry.
623Beginning with students entering grade 9 in the 2012-2013 school
624year, in addition to the Algebra I and geometry credit
625requirements, one of the four credits in mathematics must be
626Algebra II or a series of courses equivalent to Algebra II as
627approved by the State Board of Education.
628     3.  Three credits in science, two of which must have a
629laboratory component. Beginning with students entering grade 9
630in the 2011-2012 school year, one of the three credits in
631science must be Biology I or a series of courses equivalent to
632Biology I as approved by the State Board of Education. Beginning
633with students entering grade 9 in the 2011-2012 school year, the
634end-of-course assessment requirements under s.
6351008.22(3)(c)1.a.(II) s. 1008.22(3)(c)2.a.(II) must be met in
636order for a student to earn the required credit in Biology I.
637Beginning with students entering grade 9 in the 2013-2014 school
638year, one of the three credits must be Biology I or a series of
639courses equivalent to Biology I as approved by the State Board
640of Education, one credit must be chemistry or physics or a
641series of courses equivalent to chemistry or physics as approved
642by the State Board of Education, and one credit must be an
643equally rigorous course, as determined by the State Board of
644Education.
645     4.  Three credits in social studies as follows: one credit
646in United States history; one credit in world history; one-half
647credit in economics; and one-half credit in United States
648government.
649     5.  One credit in fine or performing arts, speech and
650debate, or a practical arts course that incorporates artistic
651content and techniques of creativity, interpretation, and
652imagination. Eligible practical arts courses shall be identified
653through the Course Code Directory.
654     6.  One credit in physical education to include integration
655of health. Participation in an interscholastic sport at the
656junior varsity or varsity level for two full seasons shall
657satisfy the one-credit requirement in physical education if the
658student passes a competency test on personal fitness with a
659score of "C" or better. The competency test on personal fitness
660must be developed by the Department of Education. A district
661school board may not require that the one credit in physical
662education be taken during the 9th grade year. Completion of one
663semester with a grade of "C" or better in a marching band class,
664in a physical activity class that requires participation in
665marching band activities as an extracurricular activity, or in a
666dance class shall satisfy one-half credit in physical education
667or one-half credit in performing arts. This credit may not be
668used to satisfy the personal fitness requirement or the
669requirement for adaptive physical education under an individual
670education plan (IEP) or 504 plan. Completion of 2 years in a
671Reserve Officer Training Corps (R.O.T.C.) class, a significant
672component of which is drills, shall satisfy the one-credit
673requirement in physical education and the one-credit requirement
674in performing arts. This credit may not be used to satisfy the
675personal fitness requirement or the requirement for adaptive
676physical education under an individual education plan (IEP) or
677504 plan.
678     (b)  Eight credits in electives.
679     1.  For each year in which a student scores below grade
680level in reading at Level l on FCAT Reading, the student must be
681enrolled in and complete an intensive reading course the
682following year. Placement of Level 2 readers in either an
683intensive reading course or a content area course in which
684reading strategies are delivered shall be determined by
685diagnosis of reading needs. The department shall provide
686guidance on appropriate strategies for diagnosing and meeting
687the varying instructional needs of students reading below grade
688level. Reading courses shall be designed and offered pursuant to
689the comprehensive reading plan required by s. 1011.62(9).
690     2.  For each year in which a student scores below grade
691level in mathematics at Level 1 or Level 2 on FCAT Mathematics,
692the student must receive remediation the following year. These
693courses may be taught through applied, integrated, or combined
694courses and are subject to approval by the department for
695inclusion in the Course Code Directory.
696     (4)  Each district school board shall establish standards
697for graduation from its schools, which must include:
698     (a)  Successful completion of the academic credit or
699curriculum requirements of subsections (1) and (2). For courses
700that require statewide, standardized end-of-course assessments
701under s. 1008.22(3)(c)1.d. s. 1008.22(3)(c)2.c., a minimum of 30
702percent of a student's course grade shall be comprised of
703performance on the statewide, standardized end-of-course
704assessment.
705     (b)  Earning passing scores on the FCAT, as defined in s.
7061008.22(3)(c), or scores on a standardized test that are
707concordant with passing scores on the FCAT as defined in s.
7081008.22(10).
709     (b)(c)  Completion of all other applicable requirements
710prescribed by the district school board pursuant to s. 1008.25.
711     (c)(d)  Achievement of a cumulative grade point average of
7122.0 on a 4.0 scale, or its equivalent, in the courses required
713by this section.
714
715Each district school board shall adopt policies designed to
716assist students in meeting the requirements of this subsection.
717These policies may include, but are not limited to: forgiveness
718policies, summer school or before or after school attendance,
719special counseling, volunteers or peer tutors, school-sponsored
720help sessions, homework hotlines, and study skills classes.
721Forgiveness policies for required courses shall be limited to
722replacing a grade of "D" or "F," or the equivalent of a grade of
723"D" or "F," with a grade of "C" or higher, or the equivalent of
724a grade of "C" or higher, earned subsequently in the same or
725comparable course. Forgiveness policies for elective courses
726shall be limited to replacing a grade of "D" or "F," or the
727equivalent of a grade of "D" or "F," with a grade of "C" or
728higher, or the equivalent of a grade of "C" or higher, earned
729subsequently in another course. The only exception to these
730forgiveness policies shall be made for a student in the middle
731grades who takes any high school course for high school credit
732and earns a grade of "C," "D," or "F" or the equivalent of a
733grade of "C," "D," or "F." In such case, the district
734forgiveness policy must allow the replacement of the grade with
735a grade of "C" or higher, or the equivalent of a grade of "C" or
736higher, earned subsequently in the same or comparable course. In
737all cases of grade forgiveness, only the new grade shall be used
738in the calculation of the student's grade point average. Any
739course grade not replaced according to a district school board
740forgiveness policy shall be included in the calculation of the
741cumulative grade point average required for graduation.
742     (7)
743     (b)  A student who completes the minimum number of credits
744and other requirements prescribed by subsections (1), (2), and
745(3), but who is unable to meet the standards of paragraph (4)(b)
746or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
747certificate of completion in a form prescribed by the State
748Board of Education. However, any student who is otherwise
749entitled to a certificate of completion may elect to remain in
750the secondary school either as a full-time student or a part-
751time student for up to 1 additional year and receive special
752instruction designed to remedy his or her identified
753deficiencies.
754     (8)(a)  Each district school board must provide instruction
755to prepare students with disabilities to demonstrate proficiency
756in the core content knowledge and skills necessary for
757successful grade-to-grade progression and high school
758graduation.
759     (b)1.  A student with a disability, as defined in s.
7601007.02(2), for whom the individual education plan (IEP)
761committee determines that the FCAT cannot accurately measure the
762student's abilities taking into consideration all allowable
763accommodations, shall have the FCAT requirement of paragraph
764(4)(b) waived for the purpose of receiving a standard high
765school diploma, if the student:
766     a.  Completes the minimum number of credits and other
767requirements prescribed by subsections (1), (2), and (3).
768     b.  Does not meet the requirements of paragraph (4)(b)
769after one opportunity in 10th grade and one opportunity in 11th
770grade.
771     2.  A student with a disability, as defined in s.
7721007.02(2), for whom the IEP committee determines that an end-
773of-course assessment cannot accurately measure the student's
774abilities, taking into consideration all allowable
775accommodations, shall have the end-of-course assessment results
776waived for the purpose of determining the student's course grade
777and credit as required in paragraph (4)(a).
778     Section 7.  Subsections (1), (5), (6), and (8) of section
7791003.429, Florida Statutes, as amended by chapter 2010-22, Laws
780of Florida, are amended to read:
781     1003.429  Accelerated high school graduation options.-
782     (1)  Students who enter grade 9 in the 2006-2007 school
783year and thereafter may select, upon receipt of each consent
784required by this section, one of the following three high school
785graduation options:
786     (a)  Completion of the general requirements for high school
787graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
788     (b)  Completion of a 3-year standard college preparatory
789program requiring successful completion of a minimum of 18
790academic credits in grades 9 through 12. At least 6 of the 18
791credits required for completion of this program must be received
792in classes that are offered pursuant to the International
793Baccalaureate Program, the Advanced Placement Program, dual
794enrollment, Advanced International Certificate of Education, or
795specifically listed or identified by the Department of Education
796as rigorous pursuant to s. 1009.531(3). The 18 credits required
797for completion of this program shall be primary requirements and
798shall be distributed as follows:
799     1.  Four credits in English, with major concentration in
800composition and literature;
801     2.  Three credits and, beginning with students entering
802grade 9 in the 2010-2011 school year, four credits in
803mathematics at the Algebra I level or higher from the list of
804courses that qualify for state university admission. Beginning
805with students entering grade 9 in the 2010-2011 school year, in
806addition to the Algebra I credit requirement, one of the four
807credits in mathematics must be geometry or a series of courses
808equivalent to geometry as approved by the State Board of
809Education. Beginning with students entering grade 9 in the 2010-
8102011 school year, the end-of-course assessment requirements
811under s. 1008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be
812met in order for a student to earn the required credit in
813Algebra I. Beginning with students entering grade 9 in the 2011-
8142012 school year, the end-of-course assessment requirements
815under s. 1008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be
816met in order for a student to earn the required credit in
817geometry. Beginning with students entering grade 9 in the 2012-
8182013 school year, in addition to the Algebra I and geometry
819credit requirements, one of the four credits in mathematics must
820be Algebra II or a series of courses equivalent to Algebra II as
821approved by the State Board of Education;
822     3.  Three credits in science, two of which must have a
823laboratory component. Beginning with students entering grade 9
824in the 2011-2012 school year, one of the three credits in
825science must be Biology I or a series of courses equivalent to
826Biology I as approved by the State Board of Education. Beginning
827with students entering grade 9 in the 2011-2012 school year, the
828end-of-course assessment requirements under s.
8291008.22(3)(c)1.a.(II) s. 1008.22(3)(c)2.a.(II) must be met in
830order for a student to earn the required credit in Biology I.
831Beginning with students entering grade 9 in the 2013-2014 school
832year, one of the three credits must be Biology I or a series of
833courses equivalent to Biology I as approved by the State Board
834of Education, one credit must be chemistry or physics or a
835series of courses equivalent to chemistry or physics as approved
836by the State Board of Education, and one credit must be an
837equally rigorous course, as approved by the State Board of
838Education;
839     4.  Three credits in social sciences, which must include
840one credit in United States history, one credit in world
841history, one-half credit in United States government, and one-
842half credit in economics;
843     5.  Two credits in the same second language unless the
844student is a native speaker of or can otherwise demonstrate
845competency in a language other than English. If the student
846demonstrates competency in another language, the student may
847replace the language requirement with two credits in other
848academic courses; and
849     6.  Three credits in electives and, beginning with students
850entering grade 9 in the 2010-2011 school year, two credits in
851electives; or
852     (c)  Completion of a 3-year career preparatory program
853requiring successful completion of a minimum of 18 academic
854credits in grades 9 through 12. The 18 credits shall be primary
855requirements and shall be distributed as follows:
856     1.  Four credits in English, with major concentration in
857composition and literature;
858     2.  Three credits and, beginning with students entering
859grade 9 in the 2010-2011 school year, four credits in
860mathematics, one of which must be Algebra I. Beginning with
861students entering grade 9 in the 2010-2011 school year, in
862addition to the Algebra I credit requirement, one of the four
863credits in mathematics must be geometry or a series of courses
864equivalent to geometry as approved by the State Board of
865Education. Beginning with students entering grade 9 in the 2010-
8662011 school year, the end-of-course assessment requirements
867under s. 1008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be
868met in order for a student to earn the required credit in
869Algebra I. Beginning with students entering grade 9 in the 2011-
8702012 school year, the end-of-course assessment requirements
871under s. 1008.22(3)(c)1.a.(I) s. 1008.22(3)(c)2.a.(I) must be
872met in order for a student to earn the required credit in
873geometry. Beginning with students entering grade 9 in the 2012-
8742013 school year, in addition to the Algebra I and geometry
875credit requirements, one of the four credits in mathematics must
876be Algebra II or a series of courses equivalent to Algebra II as
877approved by the State Board of Education;
878     3.  Three credits in science, two of which must have a
879laboratory component. Beginning with students entering grade 9
880in the 2011-2012 school year, one of the three credits in
881science must be Biology I or a series of courses equivalent to
882Biology I as approved by the State Board of Education. Beginning
883with students entering grade 9 in the 2011-2012 school year, the
884end-of-course assessment requirements under s.
8851008.22(3)(c)1.a.(II) s. 1008.22(3)(c)2.a.(II) must be met in
886order for a student to earn the required credit in Biology I.
887Beginning with students entering grade 9 in the 2013-2014 school
888year, one of the three credits must be Biology I or a series of
889courses equivalent to Biology I as approved by the State Board
890of Education, one credit must be chemistry or physics or a
891series of courses equivalent to chemistry or physics as approved
892by the State Board of Education, and one credit must be an
893equally rigorous course, as approved by the State Board of
894Education;
895     4.  Three credits in social sciences, which must include
896one credit in United States history, one credit in world
897history, one-half credit in United States government, and one-
898half credit in economics;
899     5.  Three credits in a single vocational or career
900education program, three credits in career and technical
901certificate dual enrollment courses, or five credits in
902vocational or career education courses; and
903     6.  Two credits and, beginning with students entering grade
9049 in the 2010-2011 school year, one credit in electives unless
905five credits are earned pursuant to subparagraph 5.
906
907Any student who selected an accelerated graduation program
908before July 1, 2004, may continue that program, and all
909statutory program requirements that were applicable when the
910student made the program choice shall remain applicable to the
911student as long as the student continues that program.
912     (5)  District school boards may not establish requirements
913for accelerated 3-year high school graduation options in excess
914of the requirements in paragraphs (1)(b) and (c). For courses
915that require statewide, standardized end-of-course assessments
916under s. 1008.22(3)(c)1.d. s. 1008.22(3)(c)2.c., a minimum of 30
917percent of a student's course grade shall be comprised of
918performance on the statewide, standardized end-of-course
919assessment.
920     (6)  Students pursuing accelerated 3-year high school
921graduation options pursuant to paragraph (1)(b) or paragraph
922(1)(c) are required to:
923     (a)  Earn passing scores on the FCAT as defined in s.
9241008.22(3)(c) or scores on a standardized test that are
925concordant with passing scores on the FCAT as defined in s.
9261008.22(10).
927     (a)(b)1.  Achieve a cumulative weighted grade point average
928of 3.5 on a 4.0 scale, or its equivalent, in the courses
929required for the college preparatory accelerated 3-year high
930school graduation option pursuant to paragraph (1)(b); or
931     2.  Achieve a cumulative weighted grade point average of
9323.0 on a 4.0 scale, or its equivalent, in the courses required
933for the career preparatory accelerated 3-year high school
934graduation option pursuant to paragraph (1)(c).
935     (b)(c)  Receive a weighted or unweighted grade that earns
936at least 3.0 points, or its equivalent, to earn course credit
937toward the 18 credits required for the college preparatory
938accelerated 3-year high school graduation option pursuant to
939paragraph (1)(b).
940     (c)(d)  Receive a weighted or unweighted grade that earns
941at least 2.0 points, or its equivalent, to earn course credit
942toward the 18 credits required for the career preparatory
943accelerated 3-year high school graduation option pursuant to
944paragraph (1)(c).
945
946Weighted grades referred to in paragraphs (a), (b), and (c), and
947(d) shall be applied to those courses specifically listed or
948identified by the department as rigorous pursuant to s.
9491009.531(3) or weighted by the district school board for class
950ranking purposes.
951     (8)  A student who selected one of the accelerated 3-year
952graduation options shall automatically move to the 4-year
953program set forth in s. 1003.428 or s. 1003.43, if applicable,
954if the student:
955     (a)  Exercises his or her right to change to the 4-year
956program;
957     (b)  Fails to earn 5 credits by the end of grade 9 or fails
958to earn 11 credits by the end of grade 10;
959     (c)  Performs below grade level in writing in Does not
960achieve a score of 3 or higher on the grade 10 FCAT Writing
961assessment; or
962     (d)  By the end of grade 11 does not meet the requirements
963of subsections (1) and (6).
964     Section 8.  Subsection (3) of section 1003.4295, Florida
965Statutes, as created by chapter 2010-22, Laws of Florida, is
966amended to read:
967     1003.4295  Acceleration courses.-
968     (3)  The Credit Acceleration Program (CAP) is created for
969the purpose of allowing a secondary student to earn high school
970credit in a course that requires a statewide, standardized end-
971of-course assessment if the student attains a specified score on
972the assessment. Notwithstanding s. 1003.436, a school district
973shall award course credit to a student who is not enrolled in
974the course, or who has not completed the course, if the student
975attains a score indicating satisfactory performance, as defined
976in s. 1008.22(3)(c)4. s. 1008.22(3)(c)5., on the corresponding
977statewide, standardized end-of-course assessment. The school
978district shall permit a student who is not enrolled in the
979course, or who has not completed the course, to take the
980standardized end-of-course assessment during the regular
981administration of the assessment.
982     Section 9.  Subsections (1), (2), and (3) of section
9831003.433, Florida Statutes, are amended to read:
984     1003.433  Learning opportunities for out-of-state and out-
985of-country transfer students and students needing additional
986instruction to meet high school graduation requirements.-
987     (1)  Students who enter a Florida public school at the
988eleventh or twelfth grade from out of state or from a foreign
989country shall not be required to spend additional time in a
990Florida public school in order to meet the high school course
991requirements if the student has met all requirements of the
992school district, state, or country from which he or she is
993transferring. Such students who are not proficient in English
994should receive immediate and intensive instruction in English
995language acquisition. However, to receive a standard high school
996diploma, a transfer student must earn a 2.0 grade point average
997and pass all end-of-course assessments required for the grade 10
998FCAT required in s. 1008.22(3) or an alternate assessment as
999described in s. 1008.22(10).
1000     (2)  Students who have met all requirements for the
1001standard high school diploma except for passage of all end-of-
1002course assessments required for the grade 10 FCAT or an
1003alternate assessment by the end of grade 12 must be provided the
1004following learning opportunities:
1005     (a)  Participation in an accelerated high school
1006equivalency diploma preparation program during the summer.
1007     (b)  Upon receipt of a certificate of completion, be
1008allowed to take the College Placement Test and be admitted to
1009remedial or credit courses at a state community college, as
1010appropriate.
1011     (c)  Participation in an adult general education program as
1012provided in s. 1004.93 for such time as the student requires to
1013master English, reading, mathematics, or any other subject
1014required for high school graduation. Students attending adult
1015basic, adult secondary, or vocational-preparatory instruction
1016are exempt from any requirement for the payment of tuition and
1017fees, including lab fees, pursuant to s. 1009.25. A student
1018attending an adult general education program shall have the
1019opportunity to take any end-of-course assessment required for
1020the grade 10 FCAT an unlimited number of times in order to
1021receive a standard high school diploma.
1022     (3)  Students who have been enrolled in an ESOL program for
1023less than 2 school years and have met all requirements for the
1024standard high school diploma except for passage of all end-of-
1025course assessments required for the grade 10 FCAT or alternate
1026assessment may receive immersion English language instruction
1027during the summer following their senior year. Students
1028receiving such instruction are eligible to take any end-of-
1029course assessment required for grade 10 the FCAT or alternate
1030assessment and receive a standard high school diploma upon
1031passage of all end-of-course assessments required for the grade
103210 FCAT or the alternate assessment. This subsection shall be
1033implemented to the extent funding is provided in the General
1034Appropriations Act.
1035     Section 10.  Paragraph (a) of subsection (4), paragraph (c)
1036of subsection (5), paragraph (b) of subsection (6), paragraph
1037(b) of subsection (7), and paragraph (b) of subsection (8) of
1038section 1008.25, Florida Statutes, as amended by chapter 2010-
103922, Laws of Florida, are amended to read:
1040     1008.25  Public school student progression; remedial
1041instruction; reporting requirements.-
1042     (4)  ASSESSMENT AND REMEDIATION.-
1043     (a)  Each student must participate in the statewide
1044assessment tests required by s. 1008.22. Each student who does
1045not meet specific levels of performance as determined by the
1046district school board in FCAT reading, writing, science, and
1047mathematics for each grade level, or who scores below Level 3 in
1048FCAT reading or FCAT mathematics, must be provided with
1049additional diagnostic assessments to determine the nature of the
1050student's difficulty, the areas of academic need, and strategies
1051for appropriate intervention and instruction as described in
1052paragraph (b).
1053     (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.-
1054     (c)  The parent of any student who exhibits a substantial
1055deficiency in reading, as described in paragraph (a), must be
1056notified in writing of the following:
1057     1.  That his or her child has been identified as having a
1058substantial deficiency in reading.
1059     2.  A description of the current services that are provided
1060to the child.
1061     3.  A description of the proposed supplemental
1062instructional services and supports that will be provided to the
1063child that are designed to remediate the identified area of
1064reading deficiency.
1065     4.  That if the child's reading deficiency is not
1066remediated by the end of grade 3, the child must be retained
1067unless he or she is exempt from mandatory retention for good
1068cause.
1069     5.  Strategies for parents to use in helping their child
1070succeed in reading proficiency.
1071     6.  That an end-of-course assessment in reading the Florida
1072Comprehensive Assessment Test (FCAT) is not the sole determiner
1073of promotion and that additional evaluations, portfolio reviews,
1074and assessments are available to the child to assist parents and
1075the school district in knowing when a child is reading at or
1076above grade level and ready for grade promotion.
1077     7.  The district's specific criteria and policies for
1078midyear promotion. Midyear promotion means promotion of a
1079retained student at any time during the year of retention once
1080the student has demonstrated ability to read at grade level.
1081     (6)  ELIMINATION OF SOCIAL PROMOTION.-
1082     (b)  The district school board may only exempt students
1083from mandatory retention, as provided in paragraph (5)(b), for
1084good cause. Good cause exemptions shall be limited to the
1085following:
1086     1.  Limited English proficient students who have had less
1087than 2 years of instruction in an English for Speakers of Other
1088Languages program.
1089     2.  Students with disabilities whose individual education
1090plan indicates that participation in the statewide assessment
1091program is not appropriate, consistent with the requirements of
1092State Board of Education rule.
1093     3.  Students who demonstrate an acceptable level of
1094performance on an alternative standardized reading assessment
1095approved by the State Board of Education.
1096     4.  Students who demonstrate, through a student portfolio,
1097that the student is reading on grade level as evidenced by
1098demonstration of mastery of the Sunshine State Standards in
1099reading equal to at least a Level 2 performance on the FCAT.
1100     5.  Students with disabilities who participate in the FCAT
1101and who have an individual education plan or a Section 504 plan
1102that reflects that the student has received intensive
1103remediation in reading for more than 2 years but still
1104demonstrates a deficiency in reading and was previously retained
1105in kindergarten, grade 1, grade 2, or grade 3.
1106     6.  Students who have received intensive remediation in
1107reading for 2 or more years but still demonstrate a deficiency
1108in reading and who were previously retained in kindergarten,
1109grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
1110reading instruction for students so promoted must include an
1111altered instructional day that includes specialized diagnostic
1112information and specific reading strategies for each student.
1113The district school board shall assist schools and teachers to
1114implement reading strategies that research has shown to be
1115successful in improving reading among low-performing readers.
1116     (7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.-
1117     (b)  Beginning with the 2004-2005 school year, each school
1118district shall:
1119     1.  Conduct a review of student progress monitoring plans
1120for all students who did not achieve grade level in reading
1121score above Level 1 on the reading portion of the FCAT and did
1122not meet the criteria for one of the good cause exemptions in
1123paragraph (6)(b). The review shall address additional supports
1124and services, as described in this subsection, needed to
1125remediate the identified areas of reading deficiency. The school
1126district shall require a student portfolio to be completed for
1127each such student.
1128     2.  Provide students who are retained under the provisions
1129of paragraph (5)(b) with intensive instructional services and
1130supports to remediate the identified areas of reading
1131deficiency, including a minimum of 90 minutes of daily,
1132uninterrupted, scientifically research-based reading instruction
1133and other strategies prescribed by the school district, which
1134may include, but are not limited to:
1135     a.  Small group instruction.
1136     b.  Reduced teacher-student ratios.
1137     c.  More frequent progress monitoring.
1138     d.  Tutoring or mentoring.
1139     e.  Transition classes containing 3rd and 4th grade
1140students.
1141     f.  Extended school day, week, or year.
1142     g.  Summer reading camps.
1143     3.  Provide written notification to the parent of any
1144student who is retained under the provisions of paragraph (5)(b)
1145that his or her child has not met the proficiency level required
1146for promotion and the reasons the child is not eligible for a
1147good cause exemption as provided in paragraph (6)(b). The
1148notification must comply with the provisions of s. 1002.20(15)
1149and must include a description of proposed interventions and
1150supports that will be provided to the child to remediate the
1151identified areas of reading deficiency.
1152     4.  Implement a policy for the midyear promotion of any
1153student retained under the provisions of paragraph (5)(b) who
1154can demonstrate that he or she is a successful and independent
1155reader, reading at or above grade level, and ready to be
1156promoted to grade 4. Tools that school districts may use in
1157reevaluating any student retained may include subsequent
1158assessments, alternative assessments, and portfolio reviews, in
1159accordance with rules of the State Board of Education. Students
1160promoted during the school year after November 1 must
1161demonstrate proficiency above that required to score at Level 2
1162on the grade 3 FCAT, as determined by the State Board of
1163Education. The State Board of Education shall adopt standards
1164that provide a reasonable expectation that the student's
1165progress is sufficient to master appropriate 4th grade level
1166reading skills.
1167     5.  Provide students who are retained under the provisions
1168of paragraph (5)(b) with a high-performing teacher as determined
1169by student performance data and above-satisfactory performance
1170appraisals.
1171     6.  In addition to required reading enhancement and
1172acceleration strategies, provide parents of students to be
1173retained with at least one of the following instructional
1174options:
1175     a.  Supplemental tutoring in scientifically research-based
1176reading services in addition to the regular reading block,
1177including tutoring before and/or after school.
1178     b.  A "Read at Home" plan outlined in a parental contract,
1179including participation in "Families Building Better Readers
1180Workshops" and regular parent-guided home reading.
1181     c.  A mentor or tutor with specialized reading training.
1182     7.  Establish a Reading Enhancement and Acceleration
1183Development (READ) Initiative. The focus of the READ Initiative
1184shall be to prevent the retention of grade 3 students and to
1185offer intensive accelerated reading instruction to grade 3
1186students who failed to meet standards for promotion to grade 4
1187and to each K-3 student who is assessed as exhibiting a reading
1188deficiency. The READ Initiative shall:
1189     a.  Be provided to all K-3 students at risk of retention as
1190identified by the statewide assessment system used in Reading
1191First schools. The assessment must measure phonemic awareness,
1192phonics, fluency, vocabulary, and comprehension.
1193     b.  Be provided during regular school hours in addition to
1194the regular reading instruction.
1195     c.  Provide a state-identified reading curriculum that has
1196been reviewed by the Florida Center for Reading Research at
1197Florida State University and meets, at a minimum, the following
1198specifications:
1199     (I)  Assists students assessed as exhibiting a reading
1200deficiency in developing the ability to read at grade level.
1201     (II)  Provides skill development in phonemic awareness,
1202phonics, fluency, vocabulary, and comprehension.
1203     (III)  Provides scientifically based and reliable
1204assessment.
1205     (IV)  Provides initial and ongoing analysis of each
1206student's reading progress.
1207     (V)  Is implemented during regular school hours.
1208     (VI)  Provides a curriculum in core academic subjects to
1209assist the student in maintaining or meeting proficiency levels
1210for the appropriate grade in all academic subjects.
1211     8.  Establish at each school, where applicable, an
1212Intensive Acceleration Class for retained grade 3 students who
1213subsequently score below grade level in reading at Level 1 on
1214the reading portion of the FCAT. The focus of the Intensive
1215Acceleration Class shall be to increase a child's reading level
1216at least two grade levels in 1 school year. The Intensive
1217Acceleration Class shall:
1218     a.  Be provided to any student in grade 3 who scores below
1219grade level in reading at Level 1 on the reading portion of the
1220FCAT and who was retained in grade 3 the prior year because of
1221scoring below grade level in reading at Level 1 on the reading
1222portion of the FCAT.
1223     b.  Have a reduced teacher-student ratio.
1224     c.  Provide uninterrupted reading instruction for the
1225majority of student contact time each day and incorporate
1226opportunities to master the grade 4 Sunshine State Standards in
1227other core subject areas.
1228     d.  Use a reading program that is scientifically research-
1229based and has proven results in accelerating student reading
1230achievement within the same school year.
1231     e.  Provide intensive language and vocabulary instruction
1232using a scientifically research-based program, including use of
1233a speech-language therapist.
1234     f.  Include weekly progress monitoring measures to ensure
1235progress is being made.
1236     g.  Report to the Department of Education, in the manner
1237described by the department, the progress of students in the
1238class at the end of the first semester.
1239     9.  Report to the State Board of Education, as requested,
1240on the specific intensive reading interventions and supports
1241implemented at the school district level. The Commissioner of
1242Education shall annually prescribe the required components of
1243requested reports.
1244     10.  Provide a student who has been retained in grade 3 and
1245has received intensive instructional services but is still not
1246ready for grade promotion, as determined by the school district,
1247the option of being placed in a transitional instructional
1248setting. Such setting shall specifically be designed to produce
1249learning gains sufficient to meet grade 4 performance standards
1250while continuing to remediate the areas of reading deficiency.
1251     (8)  ANNUAL REPORT.-
1252     (b)  Each district school board must annually publish in
1253the local newspaper, and report in writing to the State Board of
1254Education by September 1 of each year, the following information
1255on the prior school year:
1256     1.  The provisions of this section relating to public
1257school student progression and the district school board's
1258policies and procedures on student retention and promotion.
1259     2.  By grade, the number and percentage of all students in
1260grades 3 through 10 performing below grade level in reading at
1261Levels 1 and 2 on the reading portion of the FCAT.
1262     3.  By grade, the number and percentage of all students
1263retained in grades 3 through 10.
1264     4.  Information on the total number of students who were
1265promoted for good cause, by each category of good cause as
1266specified in paragraph (6)(b).
1267     5.  Any revisions to the district school board's policy on
1268student retention and promotion from the prior year.
1269     Section 11.  Subsection (3) of section 1008.30, Florida
1270Statutes, as amended by chapter 2010-22, Laws of Florida, is
1271amended to read:
1272     1008.30  Common placement testing for public postsecondary
1273education.-
1274     (3)  The State Board of Education shall adopt rules that
1275require high schools to evaluate before the beginning of grade
127612 the college readiness of each student who indicates an
1277interest in postsecondary education and scores below grade level
1278in reading or mathematics in at Level 2 or Level 3 on the
1279reading portion of the grade 10 FCAT or Level 2, Level 3, or
1280Level 4 on the mathematics assessments under s. 1008.22(3)(c).
1281High schools shall perform this evaluation using results from
1282the corresponding component of the common placement test
1283prescribed in this section, or an equivalent test identified by
1284the State Board of Education. The Department of Education shall
1285purchase or develop the assessments necessary to perform the
1286evaluations required by this subsection and shall work with the
1287school districts to administer the assessments. The State Board
1288of Education shall establish by rule the minimum test scores a
1289student must achieve to demonstrate readiness. Students who
1290demonstrate readiness by achieving the minimum test scores
1291established by the state board and enroll in a community college
1292within 2 years of achieving such scores shall not be required to
1293enroll in remediation courses as a condition of acceptance to
1294any community college. The high school shall use the results of
1295the test to advise the students of any identified deficiencies
1296and to the maximum extent practicable provide 12th grade
1297students access to appropriate remedial instruction prior to
1298high school graduation. The remedial instruction provided under
1299this subsection shall be a collaborative effort between
1300secondary and postsecondary educational institutions. To the
1301extent courses are available, the Florida Virtual School may be
1302used to provide the remedial instruction required by this
1303subsection.
1304     Section 12.  Paragraphs (b) and (c) of subsection (3) of
1305section 1008.34, Florida Statutes, as amended by chapters 2010-
130622 and 2010-48, Laws of Florida, are amended to read:
1307     1008.34  School grading system; school report cards;
1308district grade.-
1309     (3)  DESIGNATION OF SCHOOL GRADES.-
1310     (b)1.  A school's grade shall be based on a combination of:
1311     a.  Student achievement scores, including achievement on
1312all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1313of-course assessments administered under s. 1008.22(3)(c)1.a. s.
13141008.22(3)(c)2.a., and achievement scores for students seeking a
1315special diploma.
1316     b.  Student learning gains in subjects reading and
1317mathematics as measured by FCAT and end-of-course assessments,
1318as described in s. 1008.22(3)(c)1.a. and 2.a. Learning gains for
1319students seeking a special diploma, as measured by an alternate
1320assessment tool, shall be included not later than the 2009-2010
1321school year.
1322     c.  Improvement of the lowest 25th percentile of students
1323in the school in subjects reading and mathematics on the FCAT or
1324end-of-course assessments described in s. 1008.22(3)(c)1.a. s.
13251008.22(3)(c)2.a., unless these students are exhibiting
1326satisfactory performance.
1327     2.  Beginning with the 2009-2010 school year for schools
1328comprised of high school grades 9, 10, 11, and 12, or grades 10,
132911, and 12, 50 percent of the school grade shall be based on a
1330combination of the factors listed in sub-subparagraphs 1.a.-c.
1331and the remaining 50 percent on the following factors:
1332     a.  The high school graduation rate of the school;
1333     b.  As valid data becomes available, the performance and
1334participation of the school's students in College Board Advanced
1335Placement courses, International Baccalaureate courses, dual
1336enrollment courses, and Advanced International Certificate of
1337Education courses; and the students' achievement of national
1338industry certification identified in the Industry Certification
1339Funding List, pursuant to rules adopted by the State Board of
1340Education;
1341     c.  Postsecondary readiness of the school's students as
1342measured by the SAT, ACT, or the common placement test;
1343     d.  The high school graduation rate of at-risk students who
1344scored below grade level in reading and mathematics in at Level
13452 or lower on the grade 8 FCAT Reading and Mathematics
1346examinations;
1347     e.  As valid data becomes available, the performance of the
1348school's students on statewide standardized end-of-course
1349assessments administered under s. 1008.22(3)(c)1.c. and d. s.
13501008.22(3)(c)2.b. and c.; and
1351     f.  The growth or decline in the components listed in sub-
1352subparagraphs a.-e. from year to year.
1353     (c)  Student assessment data used in determining school
1354grades shall include:
1355     1.  The aggregate scores of all eligible students enrolled
1356in the school who have been assessed on the FCAT and statewide,
1357standardized end-of-course assessments in courses required for
1358high school graduation, including, beginning with the 2010-2011
1359school year, the end-of-course assessment in Algebra I; and
1360beginning with the 2011-2012 school year, the end-of-course
1361assessments in geometry and Biology; and beginning with the
13622013-2014 school year, on the statewide, standardized end-of-
1363course assessment in civics education at the middle school
1364level.
1365     2.  The aggregate scores of all eligible students enrolled
1366in the school who have been assessed on the FCAT and end-of-
1367course assessments as described in s. 1008.22(3)(c)1.a. s.
13681008.22(3)(c)2.a., and who have scored at or in the lowest 25th
1369percentile of students in the school in the subjects of those
1370assessments reading and mathematics, unless these students are
1371exhibiting satisfactory performance.
1372     3.  The achievement scores and learning gains of eligible
1373students attending alternative schools that provide dropout
1374prevention and academic intervention services pursuant to s.
13751003.53. The term "eligible students" in this subparagraph does
1376not include students attending an alternative school who are
1377subject to district school board policies for expulsion for
1378repeated or serious offenses, who are in dropout retrieval
1379programs serving students who have officially been designated as
1380dropouts, or who are in programs operated or contracted by the
1381Department of Juvenile Justice. The student performance data for
1382eligible students identified in this subparagraph shall be
1383included in the calculation of the home school's grade. As used
1384in this section and s. 1008.341, the term "home school" means
1385the school to which the student would be assigned if the student
1386were not assigned to an alternative school. If an alternative
1387school chooses to be graded under this section, student
1388performance data for eligible students identified in this
1389subparagraph shall not be included in the home school's grade
1390but shall be included only in the calculation of the alternative
1391school's grade. A school district that fails to assign the FCAT
1392and end-of-course assessment as described in s.
13931008.22(3)(c)1.a. s. 1008.22(3)(c)2.a. scores of each of its
1394students to his or her home school or to the alternative school
1395that receives a grade shall forfeit Florida School Recognition
1396Program funds for 1 fiscal year. School districts must require
1397collaboration between the home school and the alternative school
1398in order to promote student success. This collaboration must
1399include an annual discussion between the principal of the
1400alternative school and the principal of each student's home
1401school concerning the most appropriate school assignment of the
1402student.
1403     4.  For schools comprised of high school grades 9, 10, 11,
1404and 12, or grades 10, 11, and 12, the data listed in
1405subparagraphs 1.-3. and the following data as the Department of
1406Education determines such data are valid and available:
1407     a.  The high school graduation rate of the school as
1408calculated by the Department of Education;
1409     b.  The participation rate of all eligible students
1410enrolled in the school and enrolled in College Board Advanced
1411Placement courses; International Baccalaureate courses; dual
1412enrollment courses; Advanced International Certificate of
1413Education courses; and courses or sequence of courses leading to
1414national industry certification identified in the Industry
1415Certification Funding List, pursuant to rules adopted by the
1416State Board of Education;
1417     c.  The aggregate scores of all eligible students enrolled
1418in the school in College Board Advanced Placement courses,
1419International Baccalaureate courses, and Advanced International
1420Certificate of Education courses;
1421     d.  Earning of college credit by all eligible students
1422enrolled in the school in dual enrollment programs under s.
14231007.271;
1424     e.  Earning of a national industry certification identified
1425in the Industry Certification Funding List, pursuant to rules
1426adopted by the State Board of Education;
1427     f.  The aggregate scores of all eligible students enrolled
1428in the school in reading, mathematics, and other subjects as
1429measured by the SAT, the ACT, and the common placement test for
1430postsecondary readiness;
1431     g.  The high school graduation rate of all eligible at-risk
1432students enrolled in the school who scored below grade level in
1433reading and mathematics in at Level 2 or lower on the grade 8
1434FCAT Reading and Mathematics examinations;
1435     h.  The performance of the school's students on statewide
1436standardized end-of-course assessments administered under s.
14371008.22(3)(c)1.c. and d. s. 1008.22(3)(c)2.b. and c.; and
1438     i.  The growth or decline in the data components listed in
1439sub-subparagraphs a.-h. from year to year.
1440
1441The State Board of Education shall adopt appropriate criteria
1442for each school grade. The criteria must also give added weight
1443to student achievement in reading. Schools designated with a
1444grade of "C," making satisfactory progress, shall be required to
1445demonstrate that adequate progress has been made by students in
1446the school who are in the lowest 25th percentile in reading and
1447mathematics on the FCAT and end-of-course assessments as
1448described in s. 1008.22(3)(c)1.a. s. 1008.22(3)(c)2.a., unless
1449these students are exhibiting satisfactory performance.
1450Beginning with the 2009-2010 school year for schools comprised
1451of high school grades 9, 10, 11, and 12, or grades 10, 11, and
145212, the criteria for school grades must also give added weight
1453to the graduation rate of all eligible at-risk students, as
1454defined in this paragraph. Beginning in the 2009-2010 school
1455year, in order for a high school to be designated as having a
1456grade of "A," making excellent progress, the school must
1457demonstrate that at-risk students, as defined in this paragraph,
1458in the school are making adequate progress.
1459     Section 13.  Subsection (3) of section 1008.341, Florida
1460Statutes, as amended by chapter 2010-22, Laws of Florida, is
1461amended to read:
1462     1008.341  School improvement rating for alternative
1463schools.-
1464     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1465used in determining an alternative school's school improvement
1466rating shall include:
1467     (a)  The aggregate scores on statewide assessments
1468administered under s. 1008.22 for all eligible students who were
1469assigned to and enrolled in the school during the October or
1470February FTE count and who have end-of-course assessment FCAT or
1471comparable scores for the preceding school year.
1472     (b)  The aggregate scores on statewide assessments
1473administered under s. 1008.22 for all eligible students who were
1474assigned to and enrolled in the school during the October or
1475February FTE count and who have scored in the lowest 25th
1476percentile of students in the state on end-of-course assessments
1477in reading FCAT Reading.
1478
1479The assessment scores of students who are subject to district
1480school board policies for expulsion for repeated or serious
1481offenses, who are in dropout retrieval programs serving students
1482who have officially been designated as dropouts, or who are in
1483programs operated or contracted by the Department of Juvenile
1484Justice may not be included in an alternative school's school
1485improvement rating.
1486     Section 14.  Paragraph (c) of subsection (9) of section
14871011.62, Florida Statutes, is amended to read:
1488     1011.62  Funds for operation of schools.-If the annual
1489allocation from the Florida Education Finance Program to each
1490district for operation of schools is not determined in the
1491annual appropriations act or the substantive bill implementing
1492the annual appropriations act, it shall be determined as
1493follows:
1494     (9)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.-
1495     (c)  Funds allocated under this subsection must be used to
1496provide a system of comprehensive reading instruction to
1497students enrolled in the K-12 programs, which may include the
1498following:
1499     1.  The provision of highly qualified reading coaches.
1500     2.  Professional development for school district teachers
1501in scientifically based reading instruction, including
1502strategies to teach reading in content areas and with an
1503emphasis on technical and informational text.
1504     3.  The provision of summer reading camps for students who
1505are reading below grade level score at Level 1 on FCAT Reading.
1506     4.  The provision of supplemental instructional materials
1507that are grounded in scientifically based reading research.
1508     5.  The provision of intensive interventions for middle and
1509high school students reading below grade level.
1510     Section 15.  Paragraph (b) of subsection (1) of section
15111012.22, Florida Statutes, is amended to read:
1512     1012.22  Public school personnel; powers and duties of the
1513district school board.-The district school board shall:
1514     (1)  Designate positions to be filled, prescribe
1515qualifications for those positions, and provide for the
1516appointment, compensation, promotion, suspension, and dismissal
1517of employees as follows, subject to the requirements of this
1518chapter:
1519     (b)  Time to act on nominations.-The district school board
1520shall act not later than 3 weeks following the receipt of FCAT
1521scores and data, including school grades, or June 30, whichever
1522is later, on the district school superintendent's nominations of
1523supervisors, principals, and members of the instructional staff.
1524     Section 16.  This act shall take effect upon becoming a
1525law.


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