HB 1249

1
A bill to be entitled
2An act relating to career education; amending s.
31003.4156, F.S.; revising the general requirements for
4middle grades promotion to require that a course in career
5and education planning explore Florida's Career Clusters;
6creating s. 1003.4287, F.S.; providing requirements for a
7high school career diploma; requiring a student and the
8student's parent to agree in writing to the requirements
9of the career diploma track; specifying the 24 credits
10that must be successfully completed to receive a career
11diploma; requiring an intensive reading course or
12remediation in mathematics for a student who does not meet
13certain academic standards; providing strategies to enable
14an exceptional student to meet graduation requirements for
15a career diploma; requiring district school board
16standards for graduation and policies to assist students
17in meeting the requirements; requiring rules for test
18accommodations and modifications of procedures for
19students with disabilities; providing for the award of a
20certificate of completion to a student who is unable to
21meet certain standards; providing conditions for the
22waiver of assessment requirements for a career diploma for
23a student with a disability; authorizing the State Board
24of Education to adopt rules; amending ss. 1002.45,
251003.413, 1003.428, 1003.438, 1003.493, and 1008.22, F.S.;
26conforming provisions to changes made by the act;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (a) of subsection (1) of section
321003.4156, Florida Statutes, is amended to read:
33     1003.4156  General requirements for middle grades
34promotion.-
35     (1)  Beginning with students entering grade 6 in the 2006-
362007 school year, promotion from a school composed of middle
37grades 6, 7, and 8 requires that:
38     (a)  The student must successfully complete academic
39courses as follows:
40     1.  Three middle school or higher courses in English. These
41courses shall emphasize literature, composition, and technical
42text.
43     2.  Three middle school or higher courses in mathematics.
44Each middle school must offer at least one high school level
45mathematics course for which students may earn high school
46credit. Successful completion of a high school level Algebra I
47or geometry course is not contingent upon the student's
48performance on the end-of-course assessment required under s.
491008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
50school year, to earn high school credit for an Algebra I course,
51a middle school student must pass the Algebra I end-of-course
52assessment, and beginning with the 2012-2013 school year, to
53earn high school credit for a geometry course, a middle school
54student must pass the geometry end-of-course assessment.
55     3.  Three middle school or higher courses in social
56studies, one semester of which must include the study of state
57and federal government and civics education. Beginning with
58students entering grade 6 in the 2012-2013 school year, one of
59these courses must be at least a one-semester civics education
60course that a student successfully completes in accordance with
61s. 1008.22(3)(c) and that includes the roles and
62responsibilities of federal, state, and local governments; the
63structures and functions of the legislative, executive, and
64judicial branches of government; and the meaning and
65significance of historic documents, such as the Articles of
66Confederation, the Declaration of Independence, and the
67Constitution of the United States.
68     4.  Three middle school or higher courses in science.
69Successful completion of a high school level Biology I course is
70not contingent upon the student's performance on the end-of-
71course assessment required under s. 1008.22(3)(c)2.a.(II).
72However, beginning with the 2012-2013 school year, to earn high
73school credit for a Biology I course, a middle school student
74must pass the Biology I end-of-course assessment.
75     5.  One course in career and education planning to be
76completed in 7th or 8th grade. The course may be taught by any
77member of the instructional staff; must include career
78exploration aligned to Florida's Career Clusters; must include
79career exploration using Florida CHOICES or a comparable cost-
80effective program; must include educational planning using the
81online student advising system known as Florida Academic
82Counseling and Tracking for Students at the Internet website
83FACTS.org; and shall result in the completion of a personalized
84academic and career plan. The required personalized academic and
85career plan must inform students of high school graduation
86requirements, high school assessment and college entrance test
87requirements, Florida Bright Futures Scholarship Program
88requirements, state university and Florida college admission
89requirements, and programs through which a high school student
90can earn college credit, including Advanced Placement,
91International Baccalaureate, Advanced International Certificate
92of Education, dual enrollment, career academy opportunities, and
93courses that lead to national industry certification.
94
95Each school must hold a parent meeting either in the evening or
96on a weekend to inform parents about the course curriculum and
97activities. Each student shall complete an electronic personal
98education plan that must be signed by the student; the student's
99instructor, guidance counselor, or academic advisor; and the
100student's parent. The Department of Education shall develop
101course frameworks and professional development materials for the
102career exploration and education planning course. The course may
103be implemented as a stand-alone course or integrated into
104another course or courses. The Commissioner of Education shall
105collect longitudinal high school course enrollment data by
106student ethnicity in order to analyze course-taking patterns.
107     Section 2.  Section 1003.4287, Florida Statutes, is created
108to read:
109     1003.4287  Requirements for the high school career
110diploma.-
111     (1)  Beginning with students entering grade 9 in the 2011-
1122012 school year, the high school career diploma shall be
113awarded to a student who successfully completes a minimum of 24
114credits as required under this section. In order to pursue the
115career diploma, the student and the student's parent must sign a
116form confirming that they are aware of the requirements for the
117career track and agree to the minimum standards for successful
118completion. The school personnel designated to advise the
119student or the school principal must also sign the form to
120confirm that the school and the school district are aware of the
121student's intent to pursue the career diploma. The form shall be
122a standard form prescribed by the Department of Education and
123used in each school district.
124     (2)(a)  The 24 credits may be earned through applied,
125integrated, and combined courses approved by the Department of
126Education and shall be distributed as follows:
127     1.  Four credits in English, with major concentration in
128composition, reading for information, and literature.
129     2.  Four credits in mathematics, one of which must be
130Algebra I, a series of courses equivalent to Algebra I, or a
131higher-level mathematics course. In addition to the Algebra I
132credit requirement, one of the four credits in mathematics must
133be geometry or a series of courses equivalent to geometry as
134approved by the State Board of Education. The end-of-course
135assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
136met in order for a student to earn the required credits in
137Algebra I and geometry.
138     3.  Three credits in science, two of which must have a
139laboratory component. One of the three credits in science must
140be Biology I or a series of courses equivalent to Biology I as
141approved by the State Board of Education. The end-of-course
142assessment requirements under s. 1008.22(3)(c)2.a.(II) must be
143met in order for a student to earn the required credit in
144Biology I.
145     4.  Three credits in social studies as follows: one credit
146in United States history; one credit in world history; one-half
147credit in economics; and one-half credit in United States
148government.
149     5.  One-half credit in fine or performing arts, speech and
150debate, or a practical arts course that incorporates artistic
151content and techniques of creativity, interpretation, and
152imagination. Eligible practical arts courses shall be identified
153through the Course Code Directory.
154     6.  One credit in physical education to include integration
155of health. Participation in an interscholastic sport at the
156junior varsity or varsity level for two full seasons shall
157satisfy the one-credit requirement in physical education if the
158student passes a competency test on personal fitness with a
159score of "C" or better. The competency test on personal fitness
160must be developed by the Department of Education. A district
161school board may not require that the one credit in physical
162education be taken during the 9th grade year. Completion of one
163semester with a grade of "C" or better in a marching band class,
164in a physical activity class that requires participation in
165marching band activities as an extracurricular activity, or in a
166dance class shall satisfy one-half credit in physical education
167or one-half credit in performing arts. This credit may not be
168used to satisfy the personal fitness requirement or the
169requirement for adaptive physical education under an individual
170education plan (IEP) or 504 plan. Completion of 2 years in a
171Reserve Officer Training Corps (R.O.T.C.) class, a significant
172component of which is drills, shall satisfy the one-credit
173requirement in physical education and the one-credit requirement
174in performing arts. This credit may not be used to satisfy the
175personal fitness requirement or the requirement for adaptive
176physical education under an individual education plan (IEP) or
177504 plan.
178     7.  Seven credits in career or technical training. A
179student must receive at least a "C" average in each course to
180earn the required credit.
181     8.  One-half credit in a career preparation or planning
182course. A student must receive at least a "C" average to earn
183the required credit.
184     9.  One credit in an elective.
185     (b)1.  For each year in which a student scores at Level 1
186on FCAT Reading, the student must be enrolled in and complete an
187intensive reading course the following year. Placement of Level
1882 readers in either an intensive reading course or a content
189area course in which reading strategies are delivered shall be
190determined by diagnosis of reading needs. The department shall
191provide guidance on appropriate strategies for diagnosing and
192meeting the varying instructional needs of students reading
193below grade level. Reading courses shall be designed and offered
194pursuant to the comprehensive reading plan required by s.
1951011.62(9).
196     2.  For each year in which a student scores at Level 1 or
197Level 2 on FCAT Mathematics, the student must receive
198remediation the following year. These courses may be taught
199through applied, integrated, or combined courses and are subject
200to approval by the department for inclusion in the Course Code
201Directory.
202     (3)(a)  A district school board may require specific
203courses and programs of study within the minimum credit
204requirements for high school graduation and shall modify basic
205courses, as necessary, to assure exceptional students the
206opportunity to meet the graduation requirements for a career
207diploma, using one of the following strategies:
208     1.  Assignment of the exceptional student to an exceptional
209education class for instruction in a basic course with the same
210student performance standards as those required of
211nonexceptional students in the district school board student
212progression plan; or
213     2.  Assignment of the exceptional student to a basic
214education class for instruction that is modified to accommodate
215the student's exceptionality.
216     (b)  The district school board shall determine which of
217these strategies to employ based upon an assessment of the
218student's needs and shall reflect this decision in the student's
219individual education plan.
220     (4)  Each district school board shall establish standards
221for graduation from its schools, which must include:
222     (a)  Successful completion of the academic credit or
223curriculum requirements of subsections (1) and (2). For courses
224that require statewide, standardized end-of-course assessments
225under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
226student's course grade shall be comprised of performance on the
227statewide, standardized end-of-course assessment.
228     (b)  Earning passing scores on the FCAT, as defined in s.
2291008.22(3)(c), or scores on a standardized test that are
230concordant with passing scores on the FCAT, as defined in s.
2311008.22(10).
232     (c)  Completion of all other applicable requirements
233prescribed by the district school board pursuant to s. 1008.25.
234     (d)  Achievement of a cumulative grade point average of 2.0
235on a 4.0 scale, or its equivalent, in the courses required by
236this section.
237
238Each district school board shall adopt policies designed to
239assist students in meeting the requirements of this subsection.
240These policies may include, but are not limited to: forgiveness
241policies, summer school or before or after school attendance,
242special counseling, volunteers or peer tutors, school-sponsored
243help sessions, homework hotlines, and study skills classes.
244Forgiveness policies for required courses shall be limited to
245replacing a grade of "D" or "F," or the equivalent of a grade of
246"D" or "F," with a grade of "C" or higher, or the equivalent of
247a grade of "C" or higher, earned subsequently in the same or
248comparable course. Forgiveness policies for elective courses
249shall be limited to replacing a grade of "D" or "F," or the
250equivalent of a grade of "D" or "F," with a grade of "C" or
251higher, or the equivalent of a grade of "C" or higher, earned
252subsequently in another course. The only exception to these
253forgiveness policies shall be made for a student in the middle
254grades who takes any high school course for high school credit
255and earns a grade of "C," "D," or "F" or the equivalent of a
256grade of "C," "D," or "F." In such case, the district
257forgiveness policy must allow the replacement of the grade with
258a grade of "C" or higher, or the equivalent of a grade of "C" or
259higher, earned subsequently in the same or comparable course. In
260all cases of grade forgiveness, only the new grade shall be used
261in the calculation of the student's grade point average. Any
262course grade not replaced according to a district school board
263forgiveness policy shall be included in the calculation of the
264cumulative grade point average required for graduation.
265     (5)  The State Board of Education, after a public hearing
266and consideration, shall adopt rules based upon the
267recommendations of the Commissioner of Education for the
268provision of test accommodations and modifications of procedures
269as necessary for students with disabilities which will
270demonstrate the student's abilities rather than reflect the
271student's impaired sensory, manual, speaking, or psychological
272process skills.
273     (6)  The public hearing and consideration required in
274subsection (5) shall not be construed to amend or nullify the
275requirements of security relating to the contents of
276examinations or assessment instruments and related materials or
277data as prescribed in s. 1008.23.
278     (7)(a)  A student who meets all requirements prescribed in
279subsections (1), (2), (3), and (4) shall be awarded a career
280diploma in a form prescribed by the State Board of Education.
281     (b)  A student who completes the minimum number of credits
282and other requirements prescribed by subsections (1), (2), and
283(3), but who is unable to meet the standards of paragraph
284(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
285a certificate of completion in a form prescribed by the State
286Board of Education. However, any student who is otherwise
287entitled to a certificate of completion may elect to remain in
288the secondary school either as a full-time student or a part-
289time student for up to 1 additional year and receive special
290instruction designed to remedy his or her identified
291deficiencies.
292     (8)(a)  Each district school board must provide instruction
293to prepare students with disabilities to demonstrate proficiency
294in the core content knowledge and skills necessary for
295successful grade-to-grade progression and high school
296graduation.
297     (b)1.  A student with a disability, as defined in s.
2981007.02(2), for whom the individual education plan (IEP)
299committee determines that the FCAT cannot accurately measure the
300student's abilities taking into consideration all allowable
301accommodations, shall have the FCAT requirement of paragraph
302(4)(b) waived for the purpose of receiving a career diploma, if
303the student:
304     a.  Completes the minimum number of credits and other
305requirements prescribed by subsections (1), (2), and (3).
306     b.  Does not meet the requirements of paragraph (4)(b)
307after one opportunity in 10th grade and one opportunity in 11th
308grade.
309     2.  A student with a disability, as defined in s.
3101007.02(2), for whom the IEP committee determines that an end-
311of-course assessment cannot accurately measure the student's
312abilities, taking into consideration all allowable
313accommodations, shall have the end-of-course assessment results
314waived for the purpose of determining the student's course grade
315and credit as required in paragraph (4)(a).
316     (9)  The State Board of Education may adopt rules pursuant
317to ss. 120.536(1) and 120.54 to implement the provisions of this
318section and may enforce the provisions of this section pursuant
319to s. 1008.32.
320     Section 3.  Paragraph (b) of subsection (4) of section
3211002.45, Florida Statutes, is amended to read:
322     1002.45  School district virtual instruction programs.-
323     (4)  CONTRACT REQUIREMENTS.-Each contract with an approved
324provider must at minimum:
325     (b)  Provide a method for determining that a student has
326satisfied the requirements for graduation in s. 1003.428, s.
3271003.4287, s. 1003.429, or s. 1003.43 if the contract is for the
328provision of a full-time virtual instruction program to students
329in grades 9 through 12.
330     Section 4.  Subsection (3) of section 1003.413, Florida
331Statutes, is amended to read:
332     1003.413  Florida Secondary School Redesign Act.-
333     (3)  Based on these guiding principles, district school
334boards shall establish policies to implement the requirements of
335ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies
336must address:
337     (a)  Procedures for placing and promoting students who
338enter a Florida public school at grade 6 through grade 12 from
339out of state or from a foreign country, including a review of
340the student's prior academic performance.
341     (b)  Alternative methods for students to demonstrate
342competency in required courses and credits, with special support
343for students who have been retained.
344     (c)  Applied, integrated, and combined courses that provide
345flexibility for students to enroll in courses that are creative
346and meet individual learning styles and student needs.
347     (d)  Credit recovery courses and intensive reading and
348mathematics intervention courses based on student performance on
349FCAT Reading and Mathematics. These courses should be competency
350based and offered through innovative delivery systems, including
351computer-assisted instruction. School districts should use
352learning gains as well as other appropriate data and provide
353incentives to identify and reward high-performing teachers who
354teach credit recovery and intensive intervention courses.
355     (e)  Grade forgiveness policies that replace a grade of "D"
356or "F" with a grade of "C" or higher earned subsequently in the
357same or a comparable course.
358     (f)  Summer academies for students to receive intensive
359reading and mathematics intervention courses or competency-based
360credit recovery courses. A student's participation in an
361instructional or remediation program prior to or immediately
362following entering grade 9 for the first time shall not affect
363that student's classification as a first-time 9th grader for
364reporting purposes.
365     (g)  Strategies to support teachers' pursuit of the reading
366endorsement and emphasize reading instruction professional
367development for content area teachers.
368     (h)  Creative and flexible scheduling designed to meet
369student needs.
370     (i)  An annual review of each high school student's
371electronic personal education plan created pursuant to s.
3721003.4156 and procedures for high school students who have not
373prepared an electronic personal education plan pursuant to s.
3741003.4156 to prepare such plan.
375     (j)  Tools for parents to regularly monitor student
376progress and communicate with teachers.
377     (k)  Additional course requirements for promotion and
378graduation which may be determined by each school district in
379the student progression plan and may include additional
380academic, fine and performing arts, physical education, or
381career and technical education courses in order to provide a
382complete education program pursuant to s. 1001.41(3).
383     Section 5.  Subsection (1) of section 1003.428, Florida
384Statutes, is amended to read:
385     1003.428  General requirements for high school graduation;
386revised.-
387     (1)  Except as otherwise authorized pursuant to s.
3881003.4287 or s. 1003.429, beginning with students entering grade
3899 in the 2007-2008 school year, graduation requires the
390successful completion of a minimum of 24 credits, an
391International Baccalaureate curriculum, or an Advanced
392International Certificate of Education curriculum. Students must
393be advised of eligibility requirements for state scholarship
394programs and postsecondary admissions.
395     Section 6.  Section 1003.438, Florida Statutes, is amended
396to read:
397     1003.438  Special high school graduation requirements for
398certain exceptional students.-A student who has been identified,
399in accordance with rules established by the State Board of
400Education, as a student with disabilities who has an
401intellectual disability; an autism spectrum disorder; a language
402impairment; an orthopedic impairment; an other health
403impairment; a traumatic brain injury; an emotional or behavioral
404disability; a specific learning disability, including, but not
405limited to, dyslexia, dyscalculia, or developmental aphasia; or
406students who are deaf or hard of hearing or dual sensory
407impaired shall not be required to meet all requirements of s.
4081003.43, or s. 1003.428, or s. 1003.4287 and shall, upon meeting
409all applicable requirements prescribed by the district school
410board pursuant to s. 1008.25, be awarded a special diploma in a
411form prescribed by the commissioner; however, such special
412graduation requirements prescribed by the district school board
413must include minimum graduation requirements as prescribed by
414the commissioner. Any such student who meets all special
415requirements of the district school board, but is unable to meet
416the appropriate special state minimum requirements, shall be
417awarded a special certificate of completion in a form prescribed
418by the commissioner. However, this section does not limit or
419restrict the right of an exceptional student solely to a special
420diploma or special certificate of completion. Any such student
421shall, upon proper request, be afforded the opportunity to fully
422meet all requirements of s. 1003.43, or s. 1003.428, or s.
4231003.4287 through the standard procedures established therein
424and thereby to qualify for a standard diploma or a career
425diploma upon graduation.
426     Section 7.  Paragraph (e) of subsection (2) of section
4271003.493, Florida Statutes, is amended to read:
428     1003.493  Career and professional academies.-
429     (2)  The goals of a career and professional academy are to:
430     (e)  Support graduation requirements pursuant to s.
4311003.428 or s. 1003.4287 by providing creative, applied major
432areas of interest.
433     Section 8.  Paragraph (c) of subsection (3) of section
4341008.22, Florida Statutes, is amended to read:
435     1008.22  Student assessment program for public schools.-
436     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
437design and implement a statewide program of educational
438assessment that provides information for the improvement of the
439operation and management of the public schools, including
440schools operating for the purpose of providing educational
441services to youth in Department of Juvenile Justice programs.
442The commissioner may enter into contracts for the continued
443administration of the assessment, testing, and evaluation
444programs authorized and funded by the Legislature. Contracts may
445be initiated in 1 fiscal year and continue into the next and may
446be paid from the appropriations of either or both fiscal years.
447The commissioner is authorized to negotiate for the sale or
448lease of tests, scoring protocols, test scoring services, and
449related materials developed pursuant to law. Pursuant to the
450statewide assessment program, the commissioner shall:
451     (c)  Develop and implement a student achievement testing
452program as follows:
453     1.  The Florida Comprehensive Assessment Test (FCAT)
454measures a student's content knowledge and skills in reading,
455writing, science, and mathematics. The content knowledge and
456skills assessed by the FCAT must be aligned to the core
457curricular content established in the Next Generation Sunshine
458State Standards. Other content areas may be included as directed
459by the commissioner. Comprehensive assessments of reading and
460mathematics shall be administered annually in grades 3 through
46110 except, beginning with the 2010-2011 school year, the
462administration of grade 9 FCAT Mathematics shall be
463discontinued, and beginning with the 2011-2012 school year, the
464administration of grade 10 FCAT Mathematics shall be
465discontinued, except as required for students who have not
466attained minimum performance expectations for graduation as
467provided in paragraph (9)(c). FCAT Writing and FCAT Science
468shall be administered at least once at the elementary, middle,
469and high school levels except, beginning with the 2011-2012
470school year, the administration of FCAT Science at the high
471school level shall be discontinued.
472     2.a.  End-of-course assessments for a subject shall be
473administered in addition to the comprehensive assessments
474required under subparagraph 1. End-of-course assessments must be
475rigorous, statewide, standardized, and developed or approved by
476the department. The content knowledge and skills assessed by
477end-of-course assessments must be aligned to the core curricular
478content established in the Next Generation Sunshine State
479Standards.
480     (I)  Statewide, standardized end-of-course assessments in
481mathematics shall be administered according to this sub-sub-
482subparagraph. Beginning with the 2010-2011 school year, all
483students enrolled in Algebra I or an equivalent course must take
484the Algebra I end-of-course assessment. Students who earned high
485school credit in Algebra I while in grades 6 through 8 during
486the 2007-2008 through 2009-2010 school years and who have not
487taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
488course assessment during the 2010-2011 school year. For students
489entering grade 9 during the 2010-2011 school year and who are
490enrolled in Algebra I or an equivalent, each student's
491performance on the end-of-course assessment in Algebra I shall
492constitute 30 percent of the student's final course grade.
493Beginning with students entering grade 9 in the 2011-2012 school
494year, a student who is enrolled in Algebra I or an equivalent
495must earn a passing score on the end-of-course assessment in
496Algebra I or attain an equivalent score as described in
497subsection (11) in order to earn course credit. Beginning with
498the 2011-2012 school year, all students enrolled in geometry or
499an equivalent course must take the geometry end-of-course
500assessment. For students entering grade 9 during the 2011-2012
501school year, each student's performance on the end-of-course
502assessment in geometry shall constitute 30 percent of the
503student's final course grade. Beginning with students entering
504grade 9 during the 2012-2013 school year, a student must earn a
505passing score on the end-of-course assessment in geometry or
506attain an equivalent score as described in subsection (11) in
507order to earn course credit.
508     (II)  Statewide, standardized end-of-course assessments in
509science shall be administered according to this sub-sub-
510subparagraph. Beginning with the 2011-2012 school year, all
511students enrolled in Biology I or an equivalent course must take
512the Biology I end-of-course assessment. For the 2011-2012 school
513year, each student's performance on the end-of-course assessment
514in Biology I shall constitute 30 percent of the student's final
515course grade. Beginning with students entering grade 9 during
516the 2012-2013 school year, a student must earn a passing score
517on the end-of-course assessment in Biology I in order to earn
518course credit.
519     b.  During the 2012-2013 school year, an end-of-course
520assessment in civics education shall be administered as a field
521test at the middle school level. During the 2013-2014 school
522year, each student's performance on the statewide, standardized
523end-of-course assessment in civics education shall constitute 30
524percent of the student's final course grade. Beginning with the
5252014-2015 school year, a student must earn a passing score on
526the end-of-course assessment in civics education in order to
527pass the course and receive course credit.
528     c.  The commissioner may select one or more nationally
529developed comprehensive examinations, which may include, but
530need not be limited to, examinations for a College Board
531Advanced Placement course, International Baccalaureate course,
532or Advanced International Certificate of Education course, or
533industry-approved examinations to earn national industry
534certifications identified in the Industry Certification Funding
535List, pursuant to rules adopted by the State Board of Education,
536for use as end-of-course assessments under this paragraph, if
537the commissioner determines that the content knowledge and
538skills assessed by the examinations meet or exceed the grade
539level expectations for the core curricular content established
540for the course in the Next Generation Sunshine State Standards.
541The commissioner may collaborate with the American Diploma
542Project in the adoption or development of rigorous end-of-course
543assessments that are aligned to the Next Generation Sunshine
544State Standards.
545     d.  Contingent upon funding provided in the General
546Appropriations Act, including the appropriation of funds
547received through federal grants, the Commissioner of Education
548shall establish an implementation schedule for the development
549and administration of additional statewide, standardized end-of-
550course assessments in English/Language Arts II, Algebra II,
551chemistry, physics, earth/space science, United States history,
552and world history. Priority shall be given to the development of
553end-of-course assessments in English/Language Arts II. The
554Commissioner of Education shall evaluate the feasibility and
555effect of transitioning from the grade 9 and grade 10 FCAT
556Reading and high school level FCAT Writing to an end-of-course
557assessment in English/Language Arts II. The commissioner shall
558report the results of the evaluation to the President of the
559Senate and the Speaker of the House of Representatives no later
560than July 1, 2011.
561     3.  The testing program shall measure student content
562knowledge and skills adopted by the State Board of Education as
563specified in paragraph (a) and measure and report student
564performance levels of all students assessed in reading, writing,
565mathematics, and science. The commissioner shall provide for the
566tests to be developed or obtained, as appropriate, through
567contracts and project agreements with private vendors, public
568vendors, public agencies, postsecondary educational
569institutions, or school districts. The commissioner shall obtain
570input with respect to the design and implementation of the
571testing program from state educators, assistive technology
572experts, and the public.
573     4.  The testing program shall be composed of criterion-
574referenced tests that shall, to the extent determined by the
575commissioner, include test items that require the student to
576produce information or perform tasks in such a way that the core
577content knowledge and skills he or she uses can be measured.
578     5.  FCAT Reading, Mathematics, and Science and all
579statewide, standardized end-of-course assessments shall measure
580the content knowledge and skills a student has attained on the
581assessment by the use of scaled scores and achievement levels.
582Achievement levels shall range from 1 through 5, with level 1
583being the lowest achievement level, level 5 being the highest
584achievement level, and level 3 indicating satisfactory
585performance on an assessment. For purposes of FCAT Writing,
586student achievement shall be scored using a scale of 1 through 6
587and the score earned shall be used in calculating school grades.
588A score shall be designated for each subject area tested, below
589which score a student's performance is deemed inadequate. The
590school districts shall provide appropriate remedial instruction
591to students who score below these levels.
592     6.  The State Board of Education shall, by rule, designate
593a passing score for each part of the grade 10 assessment test
594and end-of-course assessments. Any rule that has the effect of
595raising the required passing scores may apply only to students
596taking the assessment for the first time after the rule is
597adopted by the State Board of Education. Except as otherwise
598provided in this subparagraph and as provided in s.
5991003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b),
600students must earn a passing score on grade 10 FCAT Reading and
601grade 10 FCAT Mathematics or attain concordant scores as
602described in subsection (10) in order to qualify for a standard
603or career high school diploma.
604     7.  In addition to designating a passing score under
605subparagraph 6., the State Board of Education shall also
606designate, by rule, a score for each statewide, standardized
607end-of-course assessment which indicates that a student is high
608achieving and has the potential to meet college-readiness
609standards by the time the student graduates from high school.
610     8.  Participation in the testing program is mandatory for
611all students attending public school, including students served
612in Department of Juvenile Justice programs, except as otherwise
613prescribed by the commissioner. A student who has not earned
614passing scores on the grade 10 FCAT as provided in subparagraph
6156. must participate in each retake of the assessment until the
616student earns passing scores or achieves scores on a
617standardized assessment which are concordant with passing scores
618pursuant to subsection (10). If a student does not participate
619in the statewide assessment, the district must notify the
620student's parent and provide the parent with information
621regarding the implications of such nonparticipation. A parent
622must provide signed consent for a student to receive classroom
623instructional accommodations that would not be available or
624permitted on the statewide assessments and must acknowledge in
625writing that he or she understands the implications of such
626instructional accommodations. The State Board of Education shall
627adopt rules, based upon recommendations of the commissioner, for
628the provision of test accommodations for students in exceptional
629education programs and for students who have limited English
630proficiency. Accommodations that negate the validity of a
631statewide assessment are not allowable in the administration of
632the FCAT or an end-of-course assessment. However, instructional
633accommodations are allowable in the classroom if included in a
634student's individual education plan. Students using
635instructional accommodations in the classroom that are not
636allowable as accommodations on the FCAT or an end-of-course
637assessment may have the FCAT or an end-of-course assessment
638requirement waived pursuant to the requirements of s.
6391003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b).
640     9.  A student seeking an adult high school diploma must
641meet the same testing requirements that a regular high school
642student must meet.
643     10.  District school boards must provide instruction to
644prepare students in the core curricular content established in
645the Next Generation Sunshine State Standards adopted under s.
6461003.41, including the core content knowledge and skills
647necessary for successful grade-to-grade progression and high
648school graduation. If a student is provided with instructional
649accommodations in the classroom that are not allowable as
650accommodations in the statewide assessment program, as described
651in the test manuals, the district must inform the parent in
652writing and must provide the parent with information regarding
653the impact on the student's ability to meet expected performance
654levels in reading, writing, mathematics, and science. The
655commissioner shall conduct studies as necessary to verify that
656the required core curricular content is part of the district
657instructional programs.
658     11.  District school boards must provide opportunities for
659students to demonstrate an acceptable performance level on an
660alternative standardized assessment approved by the State Board
661of Education following enrollment in summer academies.
662     12.  The Department of Education must develop, or select,
663and implement a common battery of assessment tools that will be
664used in all juvenile justice programs in the state. These tools
665must accurately measure the core curricular content established
666in the Next Generation Sunshine State Standards.
667     13.  For students seeking a special diploma pursuant to s.
6681003.438, the Department of Education must develop or select and
669implement an alternate assessment tool that accurately measures
670the core curricular content established in the Next Generation
671Sunshine State Standards for students with disabilities under s.
6721003.438.
673     14.  The Commissioner of Education shall establish
674schedules for the administration of statewide assessments and
675the reporting of student test results. When establishing the
676schedules for the administration of statewide assessments, the
677commissioner shall consider the observance of religious and
678school holidays. The commissioner shall, by August 1 of each
679year, notify each school district in writing and publish on the
680department's Internet website the testing and reporting
681schedules for, at a minimum, the school year following the
682upcoming school year. The testing and reporting schedules shall
683require that:
684     a.  There is the latest possible administration of
685statewide assessments and the earliest possible reporting to the
686school districts of student test results which is feasible
687within available technology and specific appropriations;
688however, test results for the FCAT must be made available no
689later than the week of June 8. Student results for end-of-course
690assessments must be provided no later than 1 week after the
691school district completes testing for each course.
692     b.  Beginning with the 2010-2011 school year, FCAT Writing
693is not administered earlier than the week of March 1 and a
694comprehensive statewide assessment of any other subject is not
695administered earlier than the week of April 15.
696     c.  A statewide, standardized end-of-course assessment is
697administered during a 3-week period at the end of the course.
698The commissioner shall select a 3-week administration period for
699assessments that meets the intent of end-of-course assessments
700and provides student results prior to the end of the course.
701School districts shall select 1 testing week within the 3-week
702administration period for each end-of-course assessment. For an
703end-of-course assessment administered at the end of the first
704semester, the commissioner shall determine the most appropriate
705testing dates based on a school district's academic calendar.
706
707The commissioner may, based on collaboration and input from
708school districts, design and implement student testing programs,
709for any grade level and subject area, necessary to effectively
710monitor educational achievement in the state, including the
711measurement of educational achievement of the Next Generation
712Sunshine State Standards for students with disabilities.
713Development and refinement of assessments shall include
714universal design principles and accessibility standards that
715will prevent any unintended obstacles for students with
716disabilities while ensuring the validity and reliability of the
717test. These principles should be applicable to all technology
718platforms and assistive devices available for the assessments.
719The field testing process and psychometric analyses for the
720statewide assessment program must include an appropriate
721percentage of students with disabilities and an evaluation or
722determination of the effect of test items on such students.
723     Section 9.  This act shall take effect upon becoming a law.


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