Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS/CS/HB 1255, 1st Eng.
Barcode 287776
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: CA
05/02/2011 04:53 PM . 05/06/2011 08:26 PM
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Senator Wise moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 120 - 1924
4 and insert:
5 Section 1. Paragraph (a) of subsection (4) of section
6 1001.20, Florida Statutes, is amended to read:
7 1001.20 Department under direction of state board.—
8 (4) The Department of Education shall establish the
9 following offices within the Office of the Commissioner of
10 Education which shall coordinate their activities with all other
11 divisions and offices:
12 (a) Office of Technology and Information Services.
13 Responsible for developing a systemwide technology plan, making
14 budget recommendations to the commissioner, providing data
15 collection and management for the system, assisting school
16 districts in securing Internet access and telecommunications
17 services, including those eligible for funding under the Schools
18 and Libraries Program of the federal Universal Service Fund, and
19 coordinating services with other state, local, and private
20 agencies. The office shall develop a method to address the need
21 for a statewide approach to planning and operations of library
22 and information services to achieve a single K-20 education
23 system library information portal and a unified higher education
24 library management system. The Florida Virtual School shall be
25 administratively housed within the office.
26 Section 2. Subsection (23) of section 1001.42, Florida
27 Statutes, is amended to read:
28 1001.42 Powers and duties of district school board.—The
29 district school board, acting as a board, shall exercise all
30 powers and perform all duties listed below:
31 (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
32 to enroll in courses available through the Florida Virtual
33 School and award credit for successful completion of such
34 courses. Access shall be available to students during and or
35 after the normal school day and through summer school
36 enrollment.
37 Section 3. Section 1001.421, Florida Statutes, is created
38 to read:
39 1001.421 Gifts.—Notwithstanding any other provision of law
40 to the contrary, district school board members and their
41 relatives, as defined in s. 112.312(21), may not directly or
42 indirectly solicit any gift, or directly or indirectly accept
43 any gift in excess of $50, from any person, vendor, potential
44 vendor, or other entity doing business with the school district.
45 The term “gift” has the same meaning as in s. 112.312(12).
46 Section 4. Paragraph (a) of subsection (6) of section
47 1002.20, Florida Statutes, is amended to read:
48 1002.20 K-12 student and parent rights.—Parents of public
49 school students must receive accurate and timely information
50 regarding their child’s academic progress and must be informed
51 of ways they can help their child to succeed in school. K-12
52 students and their parents are afforded numerous statutory
53 rights including, but not limited to, the following:
54 (6) EDUCATIONAL CHOICE.—
55 (a) Public school choices.—Parents of public school
56 students may seek whatever public school choice options that are
57 applicable to their students and are available to students in
58 their school districts. These options may include controlled
59 open enrollment, single-gender programs, lab schools, school
60 district virtual instruction programs, charter schools, charter
61 technical career centers, magnet schools, alternative schools,
62 special programs, auditory-oral education programs, advanced
63 placement, dual enrollment, International Baccalaureate,
64 International General Certificate of Secondary Education (pre
65 AICE), Advanced International Certificate of Education, early
66 admissions, credit by examination or demonstration of
67 competency, the New World School of the Arts, the Florida School
68 for the Deaf and the Blind, and the Florida Virtual School.
69 These options may also include the public school choice options
70 of the Opportunity Scholarship Program and the McKay
71 Scholarships for Students with Disabilities Program.
72 Section 5. Paragraph (a) of subsection (1) of section
73 1002.37, Florida Statutes, is amended to read:
74 1002.37 The Florida Virtual School.—
75 (1)(a) The Florida Virtual School is established for the
76 development and delivery of online and distance learning
77 education and shall be administratively housed within the
78 Commissioner of Education’s Office of Technology and Information
79 Services. The Commissioner of Education shall monitor the
80 school’s performance and report its performance to the State
81 Board of Education and the Legislature.
82
83 The board of trustees of the Florida Virtual School shall
84 identify appropriate performance measures and standards based on
85 student achievement that reflect the school’s statutory mission
86 and priorities, and shall implement an accountability system for
87 the school that includes assessment of its effectiveness and
88 efficiency in providing quality services that encourage high
89 student achievement, seamless articulation, and maximum access.
90 Section 6. Subsection (2) and paragraph (a) of subsection
91 (3) of section 1002.38, Florida Statutes, are amended to read:
92 1002.38 Opportunity Scholarship Program.—
93 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—For purposes of
94 this section, a school’s grade shall be based upon statewide
95 assessments administered pursuant to s. 1008.22. A public school
96 student’s parent may request and receive from the state an
97 opportunity scholarship for the student to enroll in and attend
98 a private school in accordance with the provisions of this
99 section if:
100 (a)1. By assigned school attendance area or by special
101 assignment, the student has spent the prior school year in
102 attendance at a public school that has been designated pursuant
103 to s. 1008.34 as performance grade category “F,” failing to make
104 adequate progress, and that has had 2 school years in a 4-year
105 period of such low performance, and the student’s attendance
106 occurred during a school year in which such designation was in
107 effect;
108 2. The student has been in attendance elsewhere in the
109 public school system and has been assigned to such school for
110 the next school year; or
111 3. The student is entering kindergarten or first grade and
112 has been notified that the student has been assigned to such
113 school for the next school year.
114 (b) The parent has obtained acceptance for admission of the
115 student to a private school eligible for the program pursuant to
116 subsection (4), and has notified the Department of Education and
117 the school district of the request for an opportunity
118 scholarship no later than July 1 of the first year in which the
119 student intends to use the scholarship.
120
121 The provisions of this section do shall not apply to a student
122 who is enrolled in a school operating for the purpose of
123 providing educational services to youth in Department of
124 Juvenile Justice commitment programs. For purposes of continuity
125 of educational choice, the opportunity scholarship shall remain
126 in force until the student returns to a public school or, if the
127 student chooses to attend a private school the highest grade of
128 which is grade 8, until the student matriculates to high school
129 and the public high school to which the student is assigned is
130 an accredited school with a performance grade category
131 designation of “C” or better. However, at any time upon
132 reasonable notice to the Department of Education and the school
133 district, the student’s parent may remove the student from the
134 private school and place the student in a public school, as
135 provided in subparagraph (3)(a)2.
136 (3) SCHOOL DISTRICT OBLIGATIONS.—
137 (a) A school district shall, for each student enrolled in
138 or assigned to a school that has been designated as performance
139 grade category “F” for 2 school years in a 4-year period:
140 1. Timely notify the parent of the student as soon as such
141 designation is made of all options available pursuant to this
142 section.
143 2. Offer that student’s parent an opportunity to enroll the
144 student in the public school within the district that has been
145 designated by the state pursuant to s. 1008.34 as a school
146 performing higher than that in which the student is currently
147 enrolled or to which the student has been assigned, but not less
148 than performance grade category “C.” The parent is not required
149 to accept this offer in lieu of requesting a state opportunity
150 scholarship to a private school. The opportunity to continue
151 attending the higher performing public school shall remain in
152 force until the student graduates from high school.
153 Section 7. Paragraph (a) of subsection (4) of section
154 1002.39, Florida Statutes, is amended to read:
155 1002.39 The John M. McKay Scholarships for Students with
156 Disabilities Program.—There is established a program that is
157 separate and distinct from the Opportunity Scholarship Program
158 and is named the John M. McKay Scholarships for Students with
159 Disabilities Program.
160 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
161 (a) For purposes of continuity of educational choice, a
162 John M. McKay Scholarship shall remain in force until the
163 student returns to a public school, graduates from high school,
164 or reaches the age of 22, whichever occurs first. A scholarship
165 student who enrolls in a public school or public school program
166 is considered to have returned to a public school for the
167 purpose of determining the end of the scholarship’s term.
168 However, if a student enters a Department of Juvenile Justice
169 detention center for a period of no more than 21 days, the
170 student is not considered to have returned to a public school
171 for that purpose.
172 Section 8. Section 1002.391, Florida Statutes, is created
173 to read:
174 1002.391 Auditory-oral education programs.—
175 (1) As used in this section, the term:
176 (a) “Auditory-oral education program” means a program that
177 develops and relies solely on listening skills and uses an
178 implant or assistive hearing device for the purpose of relying
179 on speech and spoken language skills as the method of
180 communication.
181 (b) “Deaf or hard of hearing” means aided or unaided
182 hearing loss that affects the processing of linguistic
183 information and adversely affects performance in the educational
184 environment. The degree of loss may range from mild to profound
185 in accordance with criteria established by rule of the State
186 Board of Education.
187 (c) “School” means a public or private school located in
188 this state which meets the following requirements:
189 1. Is accredited by OPTION Schools, Inc., to teach children
190 who have obtained an implant or assistive hearing device; or
191 2. Has a supervisor and a majority of the faculty provide
192 direct services to children and are certified by the AG Bell
193 Academy for Listening and Spoken Language as listening and
194 spoken language specialists.
195 (2) The parent of a child who is deaf or hard of hearing
196 and who meets the following requirements may enroll the child in
197 an auditory-oral education program as a school of choice
198 pursuant to s. 1002.20. Such child may continue attending the
199 school and complete the development of listening and spoken
200 language skills at the school. In order to enroll and attend,
201 the child must:
202 (a) Have received an implant or assistive hearing device;
203 (b) Be between the ages of 3 and 7 years, or between the
204 ages of 2 and 7 years when the school district elects to serve
205 children with disabilities who are under the age of 3 years; and
206 (c) Be a resident of the state.
207 (3) The level of services shall be determined by the
208 individual educational plan team or individualized family
209 support plan team, which includes the child’s parent in
210 accordance with the rules of the State Board of Education. A
211 child is eligible for services under this section until the end
212 of the school year in which he or she reaches the age of 7 years
213 or after grade 2, whichever comes first.
214 Section 9. Paragraph (b) of subsection (2) of section
215 1002.45, Florida Statutes, is amended to read:
216 1002.45 School district virtual instruction programs.—
217 (2) PROVIDER QUALIFICATIONS.—
218 (b) An approved provider shall retain its approved status
219 during the 3 school years for a period of 3 years after the date
220 of the department’s approval under paragraph (a) as long as the
221 provider continues to comply with all requirements of this
222 section.
223 Section 10. Paragraph (e) is added to subsection (2) of
224 section 1002.66, Florida Statutes, to read:
225 1002.66 Specialized instructional services for children
226 with disabilities.—
227 (2) The parent of a child who is eligible for the
228 prekindergarten program for children with disabilities may
229 select one or more specialized instructional services that are
230 consistent with the child’s individual educational plan. These
231 specialized instructional services may include, but are not
232 limited to:
233 (e) Listening and spoken language specialists and an
234 appropriate acoustical environment for a child who is deaf or
235 hard of hearing who has received an implant or assistive hearing
236 device.
237 Section 11. Subsection (1) and paragraph (c) of subsection
238 (3) of section 1002.67, Florida Statutes, are amended to read:
239 1002.67 Performance standards; curricula and
240 accountability.—
241 (1)(a) By April 1, 2005, the department shall develop and
242 adopt performance standards for students in the Voluntary
243 Prekindergarten Education Program. The performance standards
244 must address the age-appropriate progress of students in the
245 development of:
246 1.(a) The capabilities, capacities, and skills required
247 under s. 1(b), Art. IX of the State Constitution; and
248 2.(b) Emergent literacy skills, including oral
249 communication, knowledge of print and letters, phonemic and
250 phonological awareness, and vocabulary and comprehension
251 development.
252 (b) The State Board of Education shall periodically review
253 and revise the performance standards for the statewide
254 kindergarten screening administered under s. 1002.69 and align
255 the standards to the standards established by the state board
256 for student performance on the statewide assessments
257 administered pursuant to s. 1008.22.
258 (3)
259 (c)1. If the kindergarten readiness rate of a private
260 prekindergarten provider or public school falls below the
261 minimum rate adopted by the State Board of Education as
262 satisfactory under s. 1002.69(6), the early learning coalition
263 or school district, as applicable, shall require the provider or
264 school to submit an improvement plan for approval by the
265 coalition or school district, as applicable, and to implement
266 the plan.
267 2. If a private prekindergarten provider or public school
268 fails to meet the minimum rate adopted by the State Board of
269 Education as satisfactory under s. 1002.69(6) for 2 consecutive
270 years, the early learning coalition or school district, as
271 applicable, shall place the provider or school on probation and
272 must require the provider or school to take certain corrective
273 actions, including the use of a curriculum approved by the
274 department under paragraph (2)(c).
275 3. A private prekindergarten provider or public school that
276 is placed on probation must continue the corrective actions
277 required under subparagraph 2., including the use of a
278 curriculum approved by the department, until the provider or
279 school meets the minimum rate adopted by the State Board of
280 Education as satisfactory under s. 1002.69(6).
281 4. If a private prekindergarten provider or public school
282 remains on probation for 2 consecutive years and fails to meet
283 the minimum rate adopted by the State Board of Education as
284 satisfactory under s. 1002.69(6) and is not granted a good cause
285 exemption by the department pursuant to s. 1002.69(7), the
286 Agency for Workforce Innovation shall require the early learning
287 coalition or the Department of Education shall require the
288 school district to remove, as applicable, the provider or school
289 from eligibility to deliver the Voluntary Prekindergarten
290 Education Program and receive state funds for the program.
291 Section 12. Subsections (1), (5), and (6) and paragraphs
292 (b) and (c) of subsection (7) of section 1002.69, Florida
293 Statutes, are amended to read:
294 1002.69 Statewide kindergarten screening; kindergarten
295 readiness rates; state-approved prekindergarten enrollment
296 screening; good cause exemption.—
297 (1) The department shall adopt a statewide kindergarten
298 screening that assesses the readiness of each student for
299 kindergarten based upon the performance standards adopted by the
300 department under s. 1002.67(1) for the Voluntary Prekindergarten
301 Education Program. The department shall require that each school
302 district administer the statewide kindergarten screening to each
303 kindergarten student in the school district within the first 30
304 school days of each school year. Nonpublic schools may
305 administer the statewide kindergarten screening to each
306 kindergarten student in a nonpublic school who was enrolled in
307 the Voluntary Prekindergarten Education Program.
308 (5) The State Board of Education shall adopt procedures for
309 the department to annually calculate each private
310 prekindergarten provider’s and public school’s kindergarten
311 readiness rate, which must be expressed as the percentage of the
312 provider’s or school’s students who are assessed as ready for
313 kindergarten. The kindergarten readiness rates must be based
314 exclusively upon the results of the statewide kindergarten
315 screening for students completing the Voluntary Prekindergarten
316 Education Program, beginning with students completing the
317 program during the 2005-2006 school year who are administered
318 the statewide kindergarten screening during the 2006-2007 school
319 year. The methodology for calculating each provider’s
320 kindergarten readiness rate must include the percentage of
321 students who meet all state readiness measures. The rates must
322 not include students who are not administered the statewide
323 kindergarten screening.
324 (6)(a) The State Board of Education shall periodically
325 adopt a minimum kindergarten readiness rate that, if achieved by
326 a private prekindergarten provider or public school, would
327 demonstrate the provider’s or school’s satisfactory delivery of
328 the Voluntary Prekindergarten Education Program.
329 (b) The minimum rate must not exceed the rate at which more
330 than 15 percent of the kindergarten readiness rates of all
331 private prekindergarten providers and public schools delivering
332 the Voluntary Prekindergarten Education Program in the state
333 would fall below the minimum rate.
334 (7)
335 (b) A private prekindergarten provider’s or public school’s
336 request for a good cause exemption, or renewal of such an
337 exemption, must be submitted to the state board in the manner
338 and within the timeframes prescribed by the state board and must
339 include the following:
340 1. Submission of data by the private prekindergarten
341 provider or public school which documents on a standardized
342 assessment the achievement and progress of the children served
343 as measured by the state-approved prekindergarten enrollment
344 screening and the standardized post-assessment approved by the
345 department pursuant to subparagraph (c)1.
346 2. Submission and review of data available from the
347 respective early learning coalition or district school board,
348 the Department of Children and Family Services, local licensing
349 authority, or an accrediting association, as applicable,
350 relating to the private prekindergarten provider’s or public
351 school’s compliance with state and local health and safety
352 standards.
353 3. Submission and review of data available to the
354 department on the performance of the children served and the
355 calculation of the private prekindergarten provider’s or public
356 school’s kindergarten readiness rate.
357 (c) The State Board of Education shall adopt criteria for
358 granting good cause exemptions. Such criteria shall include, but
359 are not limited to:
360 1. Learning gains of children served in the Voluntary
361 Prekindergarten Education Program by the private prekindergarten
362 provider or public school. A provider seeking a good cause
363 exemption shall have the early learning coalition or a
364 department-approved second party administer the state-approved
365 prekindergarten enrollment screening to each child in the
366 prekindergarten provider’s program within the first 30 days of
367 each school year for which a good cause exemption is sought, and
368 the provider shall administer the standardized post-assessment
369 approved by the department to measure the student’s learning
370 gains for the year or summer, as appropriate. All data must be
371 submitted to the department within 30 days after the
372 administration of each assessment. Each parent who enrolls his
373 or her child in a Voluntary Prekindergarten Education Program
374 offered by a provider seeking a good cause exemption must submit
375 the child for the state-approved prekindergarten enrollment
376 screening.
377 2. Verification that the private prekindergarten provider
378 or public school serves at least twice the statewide percentage
379 of children with disabilities as defined in s. 1003.01(3)(a) or
380 children identified as limited English proficient as defined in
381 s. 1003.56.
382 2.3. Verification that local and state health and safety
383 requirements are met.
384 Section 13. Subsection (4) of section 1002.71, Florida
385 Statutes, is amended to read:
386 1002.71 Funding; financial and attendance reporting.—
387 (4) Notwithstanding s. 1002.53(3) and subsection (2):
388 (a) A child who, for any of the prekindergarten programs
389 listed in s. 1002.53(3), has not completed more than 70 percent
390 of the hours authorized to be reported for funding under
391 subsection (2), or has not expended more than 70 percent of the
392 funds authorized for the child under s. 1002.66, may withdraw
393 from the program for good cause and reenroll in one of the
394 programs. The total funding for a child who reenrolls in one of
395 the programs for good cause may not exceed one full-time
396 equivalent student. Funding for a child who withdraws and
397 reenrolls in one of the programs for good cause shall be issued
398 in accordance with the agency’s uniform attendance policy
399 adopted pursuant to paragraph (6)(d).
400 (b) A child who has not substantially completed any of the
401 prekindergarten programs listed in s. 1002.53(3) may withdraw
402 from the program due to an extreme hardship that is beyond the
403 child’s or parent’s control, reenroll in one of the summer
404 programs, and be reported for funding purposes as a full-time
405 equivalent student in the summer program for which the child is
406 reenrolled.
407
408 A child may reenroll only once in a prekindergarten program
409 under this section. A child who reenrolls in a prekindergarten
410 program under this subsection may not subsequently withdraw from
411 the program and reenroll, unless the child is granted a good
412 cause exemption under this subsection. The Agency for Workforce
413 Innovation shall establish criteria specifying whether a good
414 cause exists for a child to withdraw from a program under
415 paragraph (a), whether a child has substantially completed a
416 program under paragraph (b), and whether an extreme hardship
417 exists which is beyond the child’s or parent’s control under
418 paragraph (b).
419 Section 14. Subsection (2) of section 1002.73, Florida
420 Statutes, is amended to read:
421 1002.73 Department of Education; powers and duties;
422 accountability requirements.—
423 (2) The department shall adopt procedures for its:
424 (a) Approval of prekindergarten director credentials under
425 ss. 1002.55 and 1002.57.
426 (b) Approval of emergent literacy training courses under
427 ss. 1002.55 and 1002.59.
428 (c) Administration of the statewide kindergarten screening
429 and calculation of kindergarten readiness rates under s.
430 1002.69.
431 (d) Implementation of, and determination of costs
432 associated with, the state-approved prekindergarten enrollment
433 screening and the standardized post-assessment approved by the
434 department, and determination of the learning gains of students
435 who complete the state-approved prekindergarten enrollment
436 screening and the standardized post-assessment approved by the
437 department.
438 (e)(d) Approval of specialized instructional services
439 providers under s. 1002.66.
440 (f) Annual reporting of the percentage of kindergarten
441 students who meet all state readiness measures.
442 (g)(e) Granting of a private prekindergarten provider’s or
443 public school’s request for a good cause exemption under s.
444 1002.69(7).
445 Section 15. Paragraph (b) of subsection (3) of section
446 1003.01, Florida Statutes, is amended to read:
447 1003.01 Definitions.—As used in this chapter, the term:
448 (3)
449 (b) “Special education services” means specially designed
450 instruction and such related services as are necessary for an
451 exceptional student to benefit from education. Such services may
452 include: transportation; diagnostic and evaluation services;
453 social services; physical and occupational therapy; speech and
454 language pathology services; job placement; orientation and
455 mobility training; braillists, typists, and readers for the
456 blind; interpreters and auditory amplification; services
457 provided by a certified listening and spoken language
458 specialist; rehabilitation counseling; transition services;
459 mental health services; guidance and career counseling;
460 specified materials, assistive technology devices, and other
461 specialized equipment; and other such services as approved by
462 rules of the state board.
463 Section 16. Subsection (1) of section 1003.4156, Florida
464 Statutes, is amended to read:
465 1003.4156 General requirements for middle grades
466 promotion.—
467 (1) Beginning with students entering grade 6 in the 2006
468 2007 school year, Promotion from a school composed of middle
469 grades 6, 7, and 8 requires that:
470 (a) The student must successfully complete academic courses
471 as follows:
472 1. Three middle school or higher courses in English. These
473 courses shall emphasize literature, composition, and technical
474 text.
475 2. Three middle school or higher courses in mathematics.
476 Each middle school must offer at least one high school level
477 mathematics course for which students may earn high school
478 credit. Successful completion of a high school level Algebra I
479 or geometry course is not contingent upon the student’s
480 performance on the end-of-course assessment required under s.
481 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
482 school year, to earn high school credit for an Algebra I course,
483 a middle school student must pass the Algebra I end-of-course
484 assessment, and beginning with the 2012-2013 school year, to
485 earn high school credit for a geometry course, a middle school
486 student must pass the geometry end-of-course assessment.
487 3. Three middle school or higher courses in social studies,
488 one semester of which must include the study of state and
489 federal government and civics education. Beginning with students
490 entering grade 6 in the 2012-2013 school year, one of these
491 courses must be at least a one-semester civics education course
492 that a student successfully completes in accordance with s.
493 1008.22(3)(c) and that includes the roles and responsibilities
494 of federal, state, and local governments; the structures and
495 functions of the legislative, executive, and judicial branches
496 of government; and the meaning and significance of historic
497 documents, such as the Articles of Confederation, the
498 Declaration of Independence, and the Constitution of the United
499 States.
500 4. Three middle school or higher courses in science.
501 Successful completion of a high school level Biology I course is
502 not contingent upon the student’s performance on the end-of
503 course assessment required under s. 1008.22(3)(c)2.a.(II).
504 However, beginning with the 2012-2013 school year, to earn high
505 school credit for a Biology I course, a middle school student
506 must pass the Biology I end-of-course assessment.
507 5. One course in career and education planning to be
508 completed in 7th or 8th grade. The course may be taught by any
509 member of the instructional staff; must include career
510 exploration using Florida CHOICES or a comparable cost-effective
511 program; must include educational planning using the online
512 student advising system known as Florida Academic Counseling and
513 Tracking for Students at the Internet website FACTS.org; and
514 shall result in the completion of a personalized academic and
515 career plan. The required personalized academic and career plan
516 must inform students of high school graduation requirements,
517 high school assessment and college entrance test requirements,
518 Florida Bright Futures Scholarship Program requirements, state
519 university and Florida college admission requirements, and
520 programs through which a high school student can earn college
521 credit, including Advanced Placement, International
522 Baccalaureate, Advanced International Certificate of Education,
523 dual enrollment, career academy opportunities, and courses that
524 lead to national industry certification.
525
526 A student with a disability, as defined in s. 1007.02(2), for
527 whom the individual education plan team determines that an end
528 of-course assessment cannot accurately measure the student’s
529 abilities, taking into consideration all allowable
530 accommodations, shall have the end-of-course assessment results
531 waived for purposes of determining the student’s course grade
532 and completing the requirements for middle grades promotion.
533 Each school must hold a parent meeting either in the evening or
534 on a weekend to inform parents about the course curriculum and
535 activities. Each student shall complete an electronic personal
536 education plan that must be signed by the student; the student’s
537 instructor, guidance counselor, or academic advisor; and the
538 student’s parent. The Department of Education shall develop
539 course frameworks and professional development materials for the
540 career exploration and education planning course. The course may
541 be implemented as a stand-alone course or integrated into
542 another course or courses. The Commissioner of Education shall
543 collect longitudinal high school course enrollment data by
544 student ethnicity in order to analyze course-taking patterns.
545 (b) For each year in which a student scores at Level l on
546 FCAT Reading, the student must be enrolled in and complete an
547 intensive reading course the following year. Placement of Level
548 2 readers in either an intensive reading course or a content
549 area course in which reading strategies are delivered shall be
550 determined by diagnosis of reading needs. The department shall
551 provide guidance on appropriate strategies for diagnosing and
552 meeting the varying instructional needs of students reading
553 below grade level. Reading courses shall be designed and offered
554 pursuant to the comprehensive reading plan required by s.
555 1011.62(9). A middle grades student who scores at Level 1 or
556 Level 2 on FCAT Reading but who did not score below Level 3 in
557 the previous 3 years may be granted a 1-year exemption from the
558 reading remediation requirement; however, the student must have
559 an approved academic improvement plan already in place, signed
560 by the appropriate school staff and the student’s parent, for
561 the year for which the exemption is granted.
562 (c) For each year in which a student scores at Level 1 or
563 Level 2 on FCAT Mathematics, the student must receive
564 remediation the following year, which may be integrated into the
565 student’s required mathematics course.
566 Section 17. Section 1003.4203, Florida Statutes, is created
567 to read:
568 1003.4203 Digital curriculum.—
569 (1) Each district school board, in consultation with the
570 district school superintendent, may develop and implement a
571 digital curriculum for students in grades 6 through 12 in order
572 to enable students to attain competencies in web communications
573 and web design. A digital curriculum may include web-based
574 skills, web-based core technologies, web design, use of digital
575 technologies and markup language to show competency in computer
576 skills, and use of web-based core technologies to design
577 creative, informational, and content standards for web-based
578 digital products that demonstrate proficiency in creating,
579 publishing, testing, monitoring, and maintaining a website.
580 (2) The digital curriculum instruction may be integrated
581 into middle school and high school subject area curricula or
582 offered as a separate course, subject to available funding.
583 (3) The Department of Education shall develop a model
584 digital curriculum to serve as a guide for district school
585 boards in the development of a digital curriculum.
586 (4) A district school board may seek partnerships with
587 private businesses and consultants to offer classes and
588 instruction to teachers and students to assist the school
589 district in providing digital curriculum instruction.
590 Section 18. Paragraph (b) of subsection (2) of section
591 1003.428, Florida Statutes, is amended to read:
592 1003.428 General requirements for high school graduation;
593 revised.—
594 (2) The 24 credits may be earned through applied,
595 integrated, and combined courses approved by the Department of
596 Education. The 24 credits shall be distributed as follows:
597 (b) Eight credits in electives.
598 1. For each year in which a student scores at Level 1 on
599 FCAT Reading, the student must be enrolled in and complete an
600 intensive reading course the following year. Placement of Level
601 2 readers in either an intensive reading course or a content
602 area course in which reading strategies are delivered shall be
603 determined by diagnosis of reading needs. The department shall
604 provide guidance on appropriate strategies for diagnosing and
605 meeting the varying instructional needs of students reading
606 below grade level. Reading courses shall be designed and offered
607 pursuant to the comprehensive reading plan required by s.
608 1011.62(9). A high school student who scores at Level 1 or Level
609 2 on FCAT Reading but who did not score below Level 3 in the
610 previous 3 years may be granted a 1-year exemption from the
611 reading remediation requirement; however, the student must have
612 an approved academic improvement plan already in place, signed
613 by the appropriate school staff and the student’s parent, for
614 the year for which the exemption is granted.
615 2. For each year in which a student scores at Level 1 or
616 Level 2 on FCAT Mathematics, the student must receive
617 remediation the following year. These courses may be taught
618 through applied, integrated, or combined courses and are subject
619 to approval by the department for inclusion in the Course Code
620 Directory.
621 Section 19. Subsections (2), (3), (4), and (7) of section
622 1003.429, Florida Statutes, are amended to read:
623 1003.429 Accelerated high school graduation options.—
624 (2) Prior to selecting a program described in paragraph
625 (1)(b) or paragraph (1)(c), a student and the student’s parent
626 should must meet with designated school personnel to receive an
627 explanation of the relative requirements, advantages, and
628 disadvantages of each program option, and the student must also
629 receive the written consent of the student’s parent. If an
630 effort to meet with the student’s parent fails and that effort
631 has been documented by designated school personnel, the student
632 may select a program described in paragraph (1)(b) or paragraph
633 (1)(c) with the written consent of the student’s parent. A
634 student may select a program described in paragraph (1)(b) or
635 paragraph (1)(c) without the written consent of the student’s
636 parent if the student is 18 years of age or older.
637 (3) Beginning with the 2011-2012 2006-2007 school year,
638 each district school board shall provide each student in grades
639 6 through 12 9 and their parents with information concerning the
640 3-year and 4-year high school graduation options listed in
641 subsection (1), including the respective curriculum requirements
642 for those options, so that the students and their parents may
643 select the program that best fits their needs. The information
644 must include a timeframe for achieving each graduation option.
645 (4) Selection of one of the graduation options listed in
646 subsection (1) may must be completed by the student at any time
647 during grades 9 through 12 prior to the end of grade 9 and is
648 exclusively up to the student and parent, subject to the
649 requirements in subsection (2). Each district school board shall
650 establish policies for extending this deadline to the end of a
651 student’s first semester of grade 10 for a student who entered a
652 Florida public school after grade 9 upon transfer from a private
653 school or another state or who was prevented from choosing a
654 graduation option due to illness during grade 9. If the student
655 and parent fail to select one of the accelerated high school
656 graduation options a graduation option, the student shall be
657 considered to have selected the general requirements for high
658 school graduation pursuant to paragraph (1)(a).
659 (7) If, at the end of each grade 10, a student is not on
660 track to meet the credit, assessment, or grade-point-average
661 requirements of the accelerated graduation option selected, the
662 school shall notify the student and parent of the following:
663 (a) The requirements that the student is not currently
664 meeting.
665 (b) The specific performance necessary in grade 11 for the
666 student to meet the accelerated graduation requirements.
667 (c) The right of the student to change to the 4-year
668 program set forth in s. 1003.428 or s. 1003.43, as applicable.
669 Section 20. Subsections (2), (3), and (5) of section
670 1003.491, Florida Statutes, are amended to read:
671 1003.491 Florida Career and Professional Education Act.—The
672 Florida Career and Professional Education Act is created to
673 provide a statewide planning partnership between the business
674 and education communities in order to attract, expand, and
675 retain targeted, high-value industry and to sustain a strong,
676 knowledge-based economy.
677 (2) Beginning with the 2007-2008 school year, Each district
678 school board shall develop, in collaboration with regional local
679 workforce boards, economic development agencies, and
680 postsecondary institutions approved to operate in the state, a
681 strategic 5-year plan to address and meet local and regional
682 workforce demands. If involvement of a regional the local
683 workforce board or an economic development agency in the
684 strategic plan development is not feasible, the local school
685 board, with the approval of the Agency for Workforce Innovation,
686 shall collaborate with the most appropriate regional local
687 business leadership board. Two or more school districts may
688 collaborate in the development of the strategic plan and offer a
689 career and professional academy as a joint venture. The
690 strategic plan Such plans must describe in detail provisions for
691 the efficient transportation of students, the maximum use of
692 shared resources, and access to courses aligned to state
693 curriculum standards through virtual education providers
694 legislatively authorized to provide part-time instruction to
695 middle school students, and an objective review of career and
696 professional academy courses to determine if the courses will
697 lead to the attainment of industry certifications included on
698 the Industry Certified Funding List pursuant to rules adopted by
699 the State Board of Education the Florida Virtual School when
700 appropriate. Each strategic plan shall be reviewed, updated, and
701 jointly approved every 5 years by the local school district,
702 regional workforce boards, economic development agencies, and
703 state-approved postsecondary institutions completed no later
704 than June 30, 2008, and shall include provisions to have in
705 place at least one operational career and professional academy,
706 pursuant to s. 1003.492, no later than the beginning of the
707 2008-2009 school year.
708 (3) The strategic 5-year plan developed jointly by between
709 the local school district, regional local workforce boards,
710 economic development agencies, and state-approved postsecondary
711 institutions shall be constructed and based on:
712 (a) Research conducted to objectively determine local and
713 regional workforce needs for the ensuing 5 years, using labor
714 projections of the United States Department of Labor and the
715 Agency for Workforce Innovation;
716 (b) Strategies to develop and implement career academies
717 based on those careers determined to be in high demand;
718 (c) Maximum use of private sector facilities and personnel;
719 (d) Strategies that ensure instruction by industry
720 certified faculty and standards and strategies to maintain
721 current industry credentials and for recruiting and retaining
722 faculty to meet those standards;
723 (e) Alignment of to requirements for middle school career
724 exploration, middle and high school career and professional
725 academies leading to industry certification, and high school
726 graduation requirements redesign;
727 (f) Provisions to ensure that courses offered through
728 career and professional academies are academically rigorous,
729 meet or exceed appropriate state-adopted subject area standards,
730 result in attainment of industry certification, and, when
731 appropriate, result in postsecondary credit;
732 (g) Strategies to improve the passage rate for industry
733 certification examinations if the rate falls below 50 percent;
734 (h)(g) Establishment of student eligibility criteria in
735 career and professional academies which include opportunities
736 for students who have been unsuccessful in traditional
737 classrooms but who show aptitude to participate in academies.
738 School boards shall address the analysis of eighth grade student
739 achievement data to provide opportunities for students who may
740 be deemed as potential dropouts to participate in career and
741 professional academies;
742 (i)(h) Strategies to provide sufficient space within
743 academies to meet workforce needs and to provide access to all
744 interested and qualified students;
745 (j)(i) Strategies to implement engage Department of
746 Juvenile Justice students in career and professional academy
747 training that leads to industry certification at Department of
748 Juvenile Justice facilities;
749 (k)(j) Opportunities for high school students to earn
750 weighted or dual enrollment credit for higher-level career and
751 technical courses;
752 (l)(k) Promotion of the benefits of the Gold Seal Bright
753 Futures Scholarship;
754 (m)(l) Strategies to ensure the review of district pupil
755 progression plans and to amend such plans to include career and
756 professional courses and to include courses that may qualify as
757 substitute courses for core graduation requirements and those
758 that may be counted as elective courses; and
759 (n)(m) Strategies to provide professional development for
760 secondary guidance counselors on the benefits of career and
761 professional academies.
762 (5) The submission and review of newly proposed core
763 courses shall be conducted electronically, and each proposed
764 core course shall be approved or denied within 60 days. All
765 courses approved as core courses for purposes of middle school
766 promotion and high school graduation purposes shall be
767 immediately added to the Course Code Directory. Approved core
768 courses shall also be reviewed and considered for approval for
769 dual enrollment credit. The Board of Governors and the
770 Commissioner of Education shall jointly recommend an annual
771 deadline for approval of new core courses to be included for
772 purposes of postsecondary admissions and dual enrollment credit
773 the following academic year. The State Board of Education shall
774 establish an appeals process in the event that a proposed course
775 is denied which shall require a consensus ruling by the Agency
776 for Workforce Innovation and the Commissioner of Education
777 within 15 days. The curriculum review committee must be
778 established and operational no later than September 1, 2007.
779 Section 21. Subsections (2), (4), (5), and (6) of section
780 1003.493, Florida Statutes, are amended to read:
781 1003.493 Career and professional academies.—
782 (2) The goals of a career and professional academy are to:
783 (a) Increase student academic achievement and graduation
784 rates through integrated academic and career curricula.
785 (b) Prepare graduating high school students to make
786 appropriate choices relative to employment and future
787 educational experiences.
788 (c) Focus on career preparation through rigorous academics
789 and industry certification.
790 (d) Raise student aspiration and commitment to academic
791 achievement and work ethics through relevant coursework.
792 (e) Support graduation requirements pursuant to s. 1003.428
793 by providing creative, applied major areas of interest.
794 (e)(f) Promote acceleration mechanisms, such as dual
795 enrollment, articulated credit, or occupational completion
796 points, so that students may earn postsecondary credit while in
797 high school.
798 (f)(g) Support the state’s economy by meeting industry
799 needs for skilled employees in high-demand occupations.
800 (4) Each career and professional academy must:
801 (a) Provide a rigorous standards-based academic curriculum
802 integrated with a career curriculum. The curriculum must take
803 into consideration multiple styles of student learning; promote
804 learning by doing through application and adaptation; maximize
805 relevance of the subject matter; enhance each student’s capacity
806 to excel; and include an emphasis on work habits and work
807 ethics.
808 (b) Include one or more partnerships with postsecondary
809 institutions, businesses, industry, employers, economic
810 development organizations, or other appropriate partners from
811 the local community. Such partnerships shall be delineated in
812 articulation agreements to provide for career-based courses that
813 earn postsecondary credit. Such agreements may include
814 articulation between the academy and public or private 2-year
815 and 4-year postsecondary institutions and technical centers. The
816 Department of Education, in consultation with the Board of
817 Governors, shall establish a mechanism to ensure articulation
818 and transfer of credits to postsecondary institutions in this
819 state. Such partnerships must provide opportunities for:
820 1. Instruction from highly skilled professionals who
821 possess industry-certification credentials for courses they are
822 teaching.
823 2. Internships, externships, and on-the-job training.
824 3. A postsecondary degree, diploma, or certificate.
825 4. The highest available level of industry certification.
826 5. Maximum articulation of credits pursuant to s. 1007.23
827 upon program completion.
828 (c) Provide shared, maximum use of private sector
829 facilities and personnel.
830 (d) Provide personalized student advisement, including a
831 parent-participation component, and coordination with middle
832 schools to promote and support career exploration and education
833 planning as required under s. 1003.4156. Coordination with
834 middle schools must provide information to middle school
835 students about secondary and postsecondary career education
836 programs and academies.
837 (e) Promote and provide opportunities for career and
838 professional academy students to attain, at minimum, the Florida
839 Gold Seal Vocational Scholars award pursuant to s. 1009.536.
840 (f) Provide instruction in careers designated as high
841 growth, high demand, and high pay by the regional local
842 workforce development board, the chamber of commerce, economic
843 development agencies, or the Agency for Workforce Innovation.
844 (g) Deliver academic content through instruction relevant
845 to the career, including intensive reading and mathematics
846 intervention required by s. 1003.428, with an emphasis on
847 strengthening reading for information skills.
848 (h) Offer applied courses that combine academic content
849 with technical skills.
850 (i) Provide instruction resulting in competency,
851 certification, or credentials in workplace skills, including,
852 but not limited to, communication skills, interpersonal skills,
853 decisionmaking skills, the importance of attendance and
854 timeliness in the work environment, and work ethics.
855 (j) Include a plan to sustain career and professional
856 academies Provide opportunities for students to obtain the
857 Florida Ready to Work Certification pursuant to s. 1004.99.
858 (k) Include an evaluation plan developed jointly with the
859 Department of Education and the local workforce board. The
860 evaluation plan must include an assessment tool based on
861 national industry standards, such as the Career Academy National
862 Standards of Practice, and outcome measures, including, but not
863 limited to, achievement of national industry certifications
864 identified in the Industry Certification Funding List, pursuant
865 to rules adopted by the State Board of Education, graduation
866 rates, enrollment in postsecondary education, business and
867 industry satisfaction, employment and earnings, awards of
868 postsecondary credit and scholarships, and student achievement
869 levels and learning gains on statewide assessments administered
870 under s. 1008.22(3)(c). The Department of Education shall use
871 Workforce Florida, Inc., and Enterprise Florida, Inc., in
872 identifying industry experts to participate in developing and
873 implementing such assessments.
874 (k)(m) Redirect appropriated career funding to career and
875 professional academies.
876 (5) All career courses offered in a career and professional
877 academy must lead to industry certification or college credit
878 linked directly to the career theme of the course. If the
879 passage rate on an industry certification examination that is
880 associated with the career and professional academy falls below
881 50 percent, the academy must discontinue enrollment of new
882 students the following school year and each year thereafter
883 until such time as the passage rate is above 50 percent or the
884 academy is discontinued. At least 50 percent of students
885 enrolled in a career course must achieve industry certifications
886 or college credits during the second year the course is offered
887 in order for the course to be offered a third year. At least 66
888 percent of students enrolled in such a course must achieve
889 industry certifications or college credits during the third year
890 the course is offered in order for it to be offered a fourth
891 year and thereafter.
892 (6) Workforce Florida, Inc., through the secondary career
893 academies initiatives, The Okaloosa County School District
894 CHOICE Institutes shall serve in an advisory role and shall
895 offer technical assistance in the development and deployment of
896 newly established career and professional academies for a 3-year
897 period beginning July 1, 2007.
898 Section 22. Section 1003.4935, Florida Statutes, is created
899 to read:
900 1003.4935 Middle school career and professional academy
901 courses.—
902 (1) Beginning with the 2011-2012 school year, each district
903 school board, in collaboration with regional workforce boards,
904 economic development agencies, and state-approved postsecondary
905 institutions, shall include plans to implement a career and
906 professional academy in at least one middle school in the
907 district as part of the strategic 5-year plan pursuant to s.
908 1003.491(2). The middle school career and professional academy
909 component of the strategic plan must ensure the transition of
910 middle school career and professional academy students to a high
911 school career and professional academy currently operating
912 within the school district. Students who complete a middle
913 school career and professional academy must have the opportunity
914 to earn an industry certificate and high school credit and
915 participate in career planning, job shadowing, and business
916 leadership development activities.
917 (2) Each middle school career and professional academy must
918 be aligned with at least one high school career and professional
919 academy offered in the district and maintain partnerships with
920 local business and industry and economic development boards.
921 Middle school career and professional academies must:
922 (a) Provide instruction in courses leading to careers in
923 occupations designated as high growth, high demand, and high pay
924 in the Industry Certification Funding List approved under rules
925 adopted by the State Board of Education;
926 (b) Offer career and professional academy courses that
927 integrate content from core subject areas;
928 (c) Offer courses that integrate career and professional
929 academy content with intensive reading and mathematics pursuant
930 to s. 1003.428;
931 (d) Coordinate with high schools to maximize opportunities
932 for middle school career and professional academy students to
933 earn high school credit;
934 (e) Provide access to virtual instruction courses provided
935 by virtual education providers legislatively authorized to
936 provide part-time instruction to middle school students which
937 are aligned to state curriculum standards for middle school
938 career and professional academy students, with priority given to
939 students who have required course deficits;
940 (f) Provide instruction from highly skilled professionals
941 who hold industry certificates in the career area in which they
942 teach;
943 (g) Offer externships; and
944 (h) Provide personalized student advisement that includes a
945 parent-participation component.
946 (3) Beginning with the 2012-2013 school year, if a school
947 district implements a middle school career and professional
948 academy, the Department of Education shall collect and report
949 student achievement data pursuant to performance factors
950 identified under s. 1003.492(3) for academy students.
951 Section 23. Section 1003.573, Florida Statutes, is amended
952 to read:
953 1003.573 Use of seclusion and restraint and seclusion on
954 students with disabilities.—
955 (1) DOCUMENTATION AND REPORTING.—
956 (a) A school shall prepare an incident report within 24
957 hours after a student is released from restraint or seclusion.
958 If the student’s release occurs on a day before the school
959 closes for the weekend, a holiday, or another reason, the
960 incident report must be completed by the end of the school day
961 on the day the school reopens.
962 (b) The following must be included in the incident report:
963 1. The name of the student restrained or secluded.
964 2. The age, grade, ethnicity, and disability of the student
965 restrained or secluded.
966 3.2. The date and time of the event and the duration of the
967 restraint or seclusion.
968 4.3. The location at which the restraint or seclusion
969 occurred.
970 5.4. A description of the type of restraint used in terms
971 established by the Department of Education.
972 6.5. The name of the person using or assisting in the
973 restraint or seclusion of the student.
974 7.6. The name of any nonstudent who was present to witness
975 the restraint or seclusion.
976 8.7. A description of the incident, including:
977 a. The context in which the restraint or seclusion
978 occurred.
979 b. The student’s behavior leading up to and precipitating
980 the decision to use manual or physical restraint or seclusion,
981 including an indication as to why there was an imminent risk of
982 serious injury or death to the student or others.
983 c. The specific positive behavioral strategies used to
984 prevent and deescalate the behavior.
985 d. What occurred with the student immediately after the
986 termination of the restraint or seclusion.
987 e. Any injuries, visible marks, or possible medical
988 emergencies that may have occurred during the restraint or
989 seclusion, documented according to district policies.
990 f. Evidence of steps taken to notify the student’s parent
991 or guardian.
992 (c) A school shall notify the parent or guardian of a
993 student each time manual or physical restraint or seclusion is
994 used. Such notification must be in writing and provided before
995 the end of the school day on which the restraint or seclusion
996 occurs. Reasonable efforts must also be taken to notify the
997 parent or guardian by telephone or computer e-mail, or both, and
998 these efforts must be documented. The school shall obtain, and
999 keep in its records, the parent’s or guardian’s signed
1000 acknowledgment that he or she was notified of his or her child’s
1001 restraint or seclusion.
1002 (d) A school shall also provide the parent or guardian with
1003 the completed incident report in writing by mail within 3 school
1004 days after a student was manually or physically restrained or
1005 secluded. The school shall obtain, and keep in its records, the
1006 parent’s or guardian’s signed acknowledgment that he or she
1007 received a copy of the incident report.
1008 (2) MONITORING.—
1009 (a) Monitoring of the use of manual or physical restraint
1010 or seclusion on students shall occur at the classroom, building,
1011 district, and state levels.
1012 (b) Beginning July 1, 2010, Documentation prepared as
1013 required in subsection (1) shall be provided to the school
1014 principal, the district director of Exceptional Student
1015 Education, and the bureau chief of the Bureau of Exceptional
1016 Education and Student Services electronically each month that
1017 the school is in session.
1018 (c) The department shall maintain aggregate data of
1019 incidents of manual or physical restraint and seclusion and
1020 disaggregate the data for analysis by county, school, student
1021 exceptionality, and other variables, including the type and
1022 method of restraint or seclusion used. This information shall be
1023 updated monthly.
1024 (d) The department shall establish standards for
1025 documenting, reporting, and monitoring the use of manual or
1026 physical restraint or mechanical restraint, and occurrences of
1027 seclusion. These standards shall be provided to school districts
1028 by October 1, 2011.
1029 (3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
1030 (a) Each school district shall develop policies and
1031 procedures that are consistent with this section and that govern
1032 the following:
1033 1. Incident-reporting procedures.
1034 2. Data collection and monitoring, including when, where,
1035 and why students are restrained or secluded; the frequency of
1036 occurrences of such restraint or seclusion; and the prone or
1037 mechanical restraint that is most used.
1038 3. Monitoring and reporting of data collected.
1039 4. Training programs relating to manual or physical
1040 restraint and seclusion.
1041 5. The district’s plan for selecting personnel to be
1042 trained.
1043 6. The district’s plan for reducing the use of restraint
1044 and seclusion particularly in settings in which it occurs
1045 frequently or with students who are restrained repeatedly, and
1046 for reducing the use of prone restraint and mechanical
1047 restraint. The plan must include a goal for reducing the use of
1048 restraint and seclusion and must include activities, skills, and
1049 resources needed to achieve that goal. Activities may include,
1050 but are not limited to:
1051 a. Additional training in positive behavioral support and
1052 crisis management;
1053 b. Parental involvement;
1054 c. Data review;
1055 d. Updates of students’ functional behavioral analysis and
1056 positive behavior intervention plans;
1057 e. Additional student evaluations;
1058 f. Debriefing with staff;
1059 g. Use of schoolwide positive behavior support; and
1060 h. Changes to the school environment.
1061 (b) Any revisions to the district’s such policies and
1062 procedures, which must be prepared as part of its the school
1063 district’s special policies and procedures, must be filed with
1064 the bureau chief of the Bureau of Exceptional Education and
1065 Student Services no later than January 31, 2012 2011.
1066 (4) PROHIBITED RESTRAINT.—School personnel may not use a
1067 mechanical restraint or a manual or physical restraint that
1068 restricts a student’s breathing.
1069 (5) SECLUSION.—School personnel may not close, lock, or
1070 physically block a student in a room that is unlit and does not
1071 meet the rules of the State Fire Marshal for seclusion time-out
1072 rooms.
1073 Section 24. Section 1003.575, Florida Statutes, is amended
1074 to read:
1075 1003.575 Assistive technology devices; findings;
1076 interagency agreements.—Accessibility, utilization, and
1077 coordination of appropriate assistive technology devices and
1078 services are essential as a young person with disabilities moves
1079 from early intervention to preschool, from preschool to school,
1080 from one school to another, and from school to employment or
1081 independent living. If an individual education plan team makes a
1082 recommendation in accordance with State Board of Education rule
1083 for a student with a disability, as defined in s. 1003.01(3), to
1084 receive an assistive technology assessment, that assessment must
1085 be completed within 60 school days after the team’s
1086 recommendation. To ensure that an assistive technology device
1087 issued to a young person as part of his or her individualized
1088 family support plan, individual support plan, or an individual
1089 education plan remains with the individual through such
1090 transitions, the following agencies shall enter into interagency
1091 agreements, as appropriate, to ensure the transaction of
1092 assistive technology devices:
1093 (1) The Florida Infants and Toddlers Early Intervention
1094 Program in the Division of Children’s Medical Services of the
1095 Department of Health.
1096 (2) The Division of Blind Services, the Bureau of
1097 Exceptional Education and Student Services, and the Division of
1098 Vocational Rehabilitation of the Department of Education.
1099 (3) The Voluntary Prekindergarten Education Program
1100 administered by the Department of Education and the Agency for
1101 Workforce Innovation.
1102
1103 Interagency agreements entered into pursuant to this section
1104 shall provide a framework for ensuring that young persons with
1105 disabilities and their families, educators, and employers are
1106 informed about the utilization and coordination of assistive
1107 technology devices and services that may assist in meeting
1108 transition needs, and shall establish a mechanism by which a
1109 young person or his or her parent may request that an assistive
1110 technology device remain with the young person as he or she
1111 moves through the continuum from home to school to postschool.
1112 Section 25. Effective upon this act becoming a law,
1113 subsection (2) and paragraph (c) of subsection (3) of section
1114 1008.22, Florida Statutes, are amended to read:
1115 1008.22 Student assessment program for public schools.—
1116 (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
1117 Florida’s intent to participate in the measurement of national
1118 educational goals. The Commissioner of Education shall direct
1119 Florida school districts to participate in the administration of
1120 the National Assessment of Educational Progress, or a similar
1121 national or international assessment program, both for the
1122 national sample and for any state-by-state comparison programs
1123 which may be initiated. The assessments must be conducted using
1124 the data collection procedures, the student surveys, the
1125 educator surveys, and other instruments included in the National
1126 Assessment of Educational Progress or similar national or
1127 international assessment program being administered in Florida.
1128 The results of these assessments shall be included in the annual
1129 report of the Commissioner of Education specified in this
1130 section, as applicable. The administration of the National
1131 Assessment of Educational Progress or similar national or
1132 international assessment program shall be in addition to and
1133 separate from the administration of the statewide assessment
1134 program.
1135 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
1136 design and implement a statewide program of educational
1137 assessment that provides information for the improvement of the
1138 operation and management of the public schools, including
1139 schools operating for the purpose of providing educational
1140 services to youth in Department of Juvenile Justice programs.
1141 The commissioner may enter into contracts for the continued
1142 administration of the assessment, testing, and evaluation
1143 programs authorized and funded by the Legislature. Contracts may
1144 be initiated in 1 fiscal year and continue into the next and may
1145 be paid from the appropriations of either or both fiscal years.
1146 The commissioner is authorized to negotiate for the sale or
1147 lease of tests, scoring protocols, test scoring services, and
1148 related materials developed pursuant to law. Pursuant to the
1149 statewide assessment program, the commissioner shall:
1150 (c) Develop and implement a student achievement testing
1151 program as follows:
1152 1. The Florida Comprehensive Assessment Test (FCAT)
1153 measures a student’s content knowledge and skills in reading,
1154 writing, science, and mathematics. The content knowledge and
1155 skills assessed by the FCAT must be aligned to the core
1156 curricular content established in the Next Generation Sunshine
1157 State Standards. Other content areas may be included as directed
1158 by the commissioner. Comprehensive assessments of reading and
1159 mathematics shall be administered annually in grades 3 through
1160 10 except, beginning with the 2010-2011 school year, the
1161 administration of grade 9 FCAT Mathematics shall be
1162 discontinued, and beginning with the 2011-2012 school year, the
1163 administration of grade 10 FCAT Mathematics shall be
1164 discontinued, except as required for students who have not
1165 attained minimum performance expectations for graduation as
1166 provided in paragraph (9)(c). FCAT Writing and FCAT Science
1167 shall be administered at least once at the elementary, middle,
1168 and high school levels except, beginning with the 2011-2012
1169 school year, the administration of FCAT Science at the high
1170 school level shall be discontinued.
1171 2.a. End-of-course assessments for a subject shall be
1172 administered in addition to the comprehensive assessments
1173 required under subparagraph 1. End-of-course assessments must be
1174 rigorous, statewide, standardized, and developed or approved by
1175 the department. The content knowledge and skills assessed by
1176 end-of-course assessments must be aligned to the core curricular
1177 content established in the Next Generation Sunshine State
1178 Standards.
1179 (I) Statewide, standardized end-of-course assessments in
1180 mathematics shall be administered according to this sub-sub
1181 subparagraph. Beginning with the 2010-2011 school year, all
1182 students enrolled in Algebra I or an equivalent course must take
1183 the Algebra I end-of-course assessment. Students who earned high
1184 school credit in Algebra I while in grades 6 through 8 during
1185 the 2007-2008 through 2009-2010 school years and who have not
1186 taken Grade 10 FCAT Mathematics must take the Algebra I end-of
1187 course assessment during the 2010-2011 school year. For students
1188 entering grade 9 during the 2010-2011 school year and who are
1189 enrolled in Algebra I or an equivalent, each student’s
1190 performance on the end-of-course assessment in Algebra I shall
1191 constitute 30 percent of the student’s final course grade.
1192 Beginning with students entering grade 9 in the 2011-2012 school
1193 year, a student who is enrolled in Algebra I or an equivalent
1194 must earn a passing score on the end-of-course assessment in
1195 Algebra I or attain an equivalent score as described in
1196 subsection (11) in order to earn course credit. Beginning with
1197 the 2011-2012 school year, all students enrolled in geometry or
1198 an equivalent course must take the geometry end-of-course
1199 assessment. For students entering grade 9 during the 2011-2012
1200 school year, each student’s performance on the end-of-course
1201 assessment in geometry shall constitute 30 percent of the
1202 student’s final course grade. Beginning with students entering
1203 grade 9 during the 2012-2013 school year, a student must earn a
1204 passing score on the end-of-course assessment in geometry or
1205 attain an equivalent score as described in subsection (11) in
1206 order to earn course credit.
1207 (II) Statewide, standardized end-of-course assessments in
1208 science shall be administered according to this sub-sub
1209 subparagraph. Beginning with the 2011-2012 school year, all
1210 students enrolled in Biology I or an equivalent course must take
1211 the Biology I end-of-course assessment. For the 2011-2012 school
1212 year, each student’s performance on the end-of-course assessment
1213 in Biology I shall constitute 30 percent of the student’s final
1214 course grade. Beginning with students entering grade 9 during
1215 the 2012-2013 school year, a student must earn a passing score
1216 on the end-of-course assessment in Biology I in order to earn
1217 course credit.
1218 b. During the 2012-2013 school year, an end-of-course
1219 assessment in civics education shall be administered as a field
1220 test at the middle school level. During the 2013-2014 school
1221 year, each student’s performance on the statewide, standardized
1222 end-of-course assessment in civics education shall constitute 30
1223 percent of the student’s final course grade. Beginning with the
1224 2014-2015 school year, a student must earn a passing score on
1225 the end-of-course assessment in civics education in order to
1226 pass the course and be promoted from the middle grades receive
1227 course credit. The school principal of a middle school shall
1228 determine, in accordance with State Board of Education rule,
1229 whether a student who transfers to the middle school and who has
1230 successfully completed a civics education course at the
1231 student’s previous school must take an end-of-course assessment
1232 in civics education.
1233 c. The commissioner may select one or more nationally
1234 developed comprehensive examinations, which may include, but
1235 need not be limited to, examinations for a College Board
1236 Advanced Placement course, International Baccalaureate course,
1237 or Advanced International Certificate of Education course, or
1238 industry-approved examinations to earn national industry
1239 certifications identified in the Industry Certification Funding
1240 List, pursuant to rules adopted by the State Board of Education,
1241 for use as end-of-course assessments under this paragraph, if
1242 the commissioner determines that the content knowledge and
1243 skills assessed by the examinations meet or exceed the grade
1244 level expectations for the core curricular content established
1245 for the course in the Next Generation Sunshine State Standards.
1246 The commissioner may collaborate with the American Diploma
1247 Project in the adoption or development of rigorous end-of-course
1248 assessments that are aligned to the Next Generation Sunshine
1249 State Standards.
1250 d. Contingent upon funding provided in the General
1251 Appropriations Act, including the appropriation of funds
1252 received through federal grants, the Commissioner of Education
1253 shall establish an implementation schedule for the development
1254 and administration of additional statewide, standardized end-of
1255 course assessments in English/Language Arts II, Algebra II,
1256 chemistry, physics, earth/space science, United States history,
1257 and world history. Priority shall be given to the development of
1258 end-of-course assessments in English/Language Arts II. The
1259 Commissioner of Education shall evaluate the feasibility and
1260 effect of transitioning from the grade 9 and grade 10 FCAT
1261 Reading and high school level FCAT Writing to an end-of-course
1262 assessment in English/Language Arts II. The commissioner shall
1263 report the results of the evaluation to the President of the
1264 Senate and the Speaker of the House of Representatives no later
1265 than July 1, 2011.
1266 3. The testing program shall measure student content
1267 knowledge and skills adopted by the State Board of Education as
1268 specified in paragraph (a) and measure and report student
1269 performance levels of all students assessed in reading, writing,
1270 mathematics, and science. The commissioner shall provide for the
1271 tests to be developed or obtained, as appropriate, through
1272 contracts and project agreements with private vendors, public
1273 vendors, public agencies, postsecondary educational
1274 institutions, or school districts. The commissioner shall obtain
1275 input with respect to the design and implementation of the
1276 testing program from state educators, assistive technology
1277 experts, and the public.
1278 4. The testing program shall be composed of criterion
1279 referenced tests that shall, to the extent determined by the
1280 commissioner, include test items that require the student to
1281 produce information or perform tasks in such a way that the core
1282 content knowledge and skills he or she uses can be measured.
1283 5. FCAT Reading, Mathematics, and Science and all
1284 statewide, standardized end-of-course assessments shall measure
1285 the content knowledge and skills a student has attained on the
1286 assessment by the use of scaled scores and achievement levels.
1287 Achievement levels shall range from 1 through 5, with level 1
1288 being the lowest achievement level, level 5 being the highest
1289 achievement level, and level 3 indicating satisfactory
1290 performance on an assessment. For purposes of FCAT Writing,
1291 student achievement shall be scored using a scale of 1 through 6
1292 and the score earned shall be used in calculating school grades.
1293 A score shall be designated for each subject area tested, below
1294 which score a student’s performance is deemed inadequate. The
1295 school districts shall provide appropriate remedial instruction
1296 to students who score below these levels.
1297 6. The State Board of Education shall, by rule, designate a
1298 passing score for each part of the grade 10 assessment test and
1299 end-of-course assessments. Any rule that has the effect of
1300 raising the required passing scores may apply only to students
1301 taking the assessment for the first time after the rule is
1302 adopted by the State Board of Education. Except as otherwise
1303 provided in this subparagraph and as provided in s.
1304 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
1305 passing score on grade 10 FCAT Reading and grade 10 FCAT
1306 Mathematics or attain concordant scores as described in
1307 subsection (10) in order to qualify for a standard high school
1308 diploma.
1309 7. In addition to designating a passing score under
1310 subparagraph 6., the State Board of Education shall also
1311 designate, by rule, a score for each statewide, standardized
1312 end-of-course assessment which indicates that a student is high
1313 achieving and has the potential to meet college-readiness
1314 standards by the time the student graduates from high school.
1315 8. Participation in the testing program is mandatory for
1316 all students attending public school, including students served
1317 in Department of Juvenile Justice programs, except as otherwise
1318 prescribed by the commissioner. A student who has not earned
1319 passing scores on the grade 10 FCAT as provided in subparagraph
1320 6. must participate in each retake of the assessment until the
1321 student earns passing scores or achieves scores on a
1322 standardized assessment which are concordant with passing scores
1323 pursuant to subsection (10). If a student does not participate
1324 in the statewide assessment, the district must notify the
1325 student’s parent and provide the parent with information
1326 regarding the implications of such nonparticipation. A parent
1327 must provide signed consent for a student to receive classroom
1328 instructional accommodations that would not be available or
1329 permitted on the statewide assessments and must acknowledge in
1330 writing that he or she understands the implications of such
1331 instructional accommodations. The State Board of Education shall
1332 adopt rules, based upon recommendations of the commissioner, for
1333 the provision of test accommodations for students in exceptional
1334 education programs and for students who have limited English
1335 proficiency. Accommodations that negate the validity of a
1336 statewide assessment are not allowable in the administration of
1337 the FCAT or an end-of-course assessment. However, instructional
1338 accommodations are allowable in the classroom if included in a
1339 student’s individual education plan. Students using
1340 instructional accommodations in the classroom that are not
1341 allowable as accommodations on the FCAT or an end-of-course
1342 assessment may have the FCAT or an end-of-course assessment
1343 requirement waived pursuant to the requirements of s.
1344 1003.428(8)(b) or s. 1003.43(11)(b).
1345 9. A student seeking an adult high school diploma must meet
1346 the same testing requirements that a regular high school student
1347 must meet.
1348 10. District school boards must provide instruction to
1349 prepare students in the core curricular content established in
1350 the Next Generation Sunshine State Standards adopted under s.
1351 1003.41, including the core content knowledge and skills
1352 necessary for successful grade-to-grade progression and high
1353 school graduation. If a student is provided with instructional
1354 accommodations in the classroom that are not allowable as
1355 accommodations in the statewide assessment program, as described
1356 in the test manuals, the district must inform the parent in
1357 writing and must provide the parent with information regarding
1358 the impact on the student’s ability to meet expected performance
1359 levels in reading, writing, mathematics, and science. The
1360 commissioner shall conduct studies as necessary to verify that
1361 the required core curricular content is part of the district
1362 instructional programs.
1363 11. District school boards must provide opportunities for
1364 students to demonstrate an acceptable performance level on an
1365 alternative standardized assessment approved by the State Board
1366 of Education following enrollment in summer academies.
1367 12. The Department of Education must develop, or select,
1368 and implement a common battery of assessment tools that will be
1369 used in all juvenile justice programs in the state. These tools
1370 must accurately measure the core curricular content established
1371 in the Next Generation Sunshine State Standards.
1372 13. For students seeking a special diploma pursuant to s.
1373 1003.438, the Department of Education must develop or select and
1374 implement an alternate assessment tool that accurately measures
1375 the core curricular content established in the Next Generation
1376 Sunshine State Standards for students with disabilities under s.
1377 1003.438.
1378 14. The Commissioner of Education shall establish schedules
1379 for the administration of statewide assessments and the
1380 reporting of student test results. When establishing the
1381 schedules for the administration of statewide assessments, the
1382 commissioner shall consider the observance of religious and
1383 school holidays. The commissioner shall, by August 1 of each
1384 year, notify each school district in writing and publish on the
1385 department’s Internet website the testing and reporting
1386 schedules for, at a minimum, the school year following the
1387 upcoming school year. The testing and reporting schedules shall
1388 require that:
1389 a. There is the latest possible administration of statewide
1390 assessments and the earliest possible reporting to the school
1391 districts of student test results which is feasible within
1392 available technology and specific appropriations; however, test
1393 results for the FCAT must be made available no later than the
1394 week of June 8. Student results for end-of-course assessments
1395 must be provided no later than 1 week after the school district
1396 completes testing for each course. The commissioner may extend
1397 the reporting schedule under exigent circumstances.
1398 b. Beginning with the 2010-2011 school year, FCAT Writing
1399 may is not be administered earlier than the week of March 1 and
1400 a comprehensive statewide assessment of any other subject may is
1401 not be administered earlier than the week of April 15.
1402 c. A statewide, standardized end-of-course assessment is
1403 administered during a 3-week period at the end of the course.
1404 The commissioner shall select an a 3-week administration period
1405 for assessments that meets the intent of end-of-course
1406 assessments and provides student results prior to the end of the
1407 course. School districts shall administer tests in accordance
1408 with the schedule determined by the commissioner select 1
1409 testing week within the 3-week administration period for each
1410 end-of-course assessment. For an end-of-course assessment
1411 administered at the end of the first semester, the commissioner
1412 shall determine the most appropriate testing dates based on a
1413 review of each school district’s academic calendar.
1414
1415 The commissioner may, based on collaboration and input from
1416 school districts, design and implement student testing programs,
1417 for any grade level and subject area, necessary to effectively
1418 monitor educational achievement in the state, including the
1419 measurement of educational achievement of the Next Generation
1420 Sunshine State Standards for students with disabilities.
1421 Development and refinement of assessments shall include
1422 universal design principles and accessibility standards that
1423 will prevent any unintended obstacles for students with
1424 disabilities while ensuring the validity and reliability of the
1425 test. These principles should be applicable to all technology
1426 platforms and assistive devices available for the assessments.
1427 The field testing process and psychometric analyses for the
1428 statewide assessment program must include an appropriate
1429 percentage of students with disabilities and an evaluation or
1430 determination of the effect of test items on such students.
1431 Section 26. Subsection (3) of section 1008.30, Florida
1432 Statutes, is amended to read:
1433 1008.30 Common placement testing for public postsecondary
1434 education.—
1435 (3) The State Board of Education shall adopt rules that
1436 require high schools to evaluate before the beginning of grade
1437 12 the college readiness of each student who indicates an
1438 interest in postsecondary education and scores at Level 2 or
1439 Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1440 Level 3, or Level 4 on the mathematics assessments under s.
1441 1008.22(3)(c). High schools shall perform this evaluation using
1442 results from the corresponding component of the common placement
1443 test prescribed in this section, or an equivalent test
1444 identified by the State Board of Education. The State Board
1445 Department of Education shall identify in rule purchase or
1446 develop the assessments necessary to perform the evaluations
1447 required by this subsection and shall work with the school
1448 districts to administer the assessments. The State Board of
1449 Education shall establish by rule the minimum test scores a
1450 student must achieve to demonstrate readiness. Students who
1451 demonstrate readiness by achieving the minimum test scores
1452 established by the state board and enroll in a community college
1453 within 2 years of achieving such scores shall not be required to
1454 retest or enroll in remediation when admitted courses as a
1455 condition of acceptance to any community college. The high
1456 school shall use the results of the test to advise the students
1457 of any identified deficiencies and to the maximum extent
1458 practicable provide 12th grade students, and require them to
1459 complete, access to appropriate postsecondary preparatory
1460 remedial instruction prior to high school graduation. The
1461 curriculum remedial instruction provided under this subsection
1462 shall be identified in rule by the State Board of Education and
1463 encompass Florida’s Postsecondary Readiness Competencies. Other
1464 elective courses may not be substituted for the selected
1465 postsecondary reading, mathematics, or writing preparatory
1466 course unless the elective course covers the same competencies
1467 included in the postsecondary reading, mathematics, or writing
1468 preparatory course a collaborative effort between secondary and
1469 postsecondary educational institutions. To the extent courses
1470 are available, the Florida Virtual School may be used to provide
1471 the remedial instruction required by this subsection.
1472 Section 27. Paragraph (b) of subsection (3) and subsection
1473 (4) of section 1008.33, Florida Statutes, are amended to read:
1474 1008.33 Authority to enforce public school improvement.—
1475 (3)
1476 (b) For the purpose of determining whether a public school
1477 requires action to achieve a sufficient level of school
1478 improvement, beginning with the 2010-2011 school year, the
1479 Department of Education shall annually categorize a public
1480 school in one of six categories based on the following:
1481 1. A school’s grade based upon statewide assessments
1482 administered pursuant to s. 1008.22; and
1483 2. school’s grade, pursuant to s. 1008.34, and The level
1484 and rate of change in student performance in the areas of
1485 reading and mathematics, disaggregated into student subgroups as
1486 described in the federal Elementary and Secondary Education Act,
1487 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
1488 (4) The Department of Education shall create a matrix that
1489 reflects intervention and support strategies to address the
1490 particular needs of schools in each category.
1491 (a) Intervention and support strategies shall be applied to
1492 schools based upon the school categorization pursuant to
1493 paragraph (3)(b). The Department of Education shall apply the
1494 most intense intervention strategies to the lowest-performing
1495 schools. For all but the lowest category and “F” schools in the
1496 second lowest category, the intervention and support strategies
1497 shall be administered solely by the districts and the schools.
1498 (b) The lowest-performing schools are schools that are
1499 categorized pursuant to paragraph (3)(b) and have received:
1500 1. A grade of “F” in the most recent school year and in 4
1501 of the last 6 years; or
1502 2. A grade of “D” or “F” in the most recent school year and
1503 meet at least three of the following criteria:
1504 a. The percentage of students who are not proficient in
1505 reading has increased when compared to measurements taken 5
1506 years previously;
1507 b. The percentage of students who are not proficient in
1508 mathematics has increased when compared to measurements taken 5
1509 years previously;
1510 c. At least 65 percent of the school’s students are not
1511 proficient in reading; or
1512 d. At least 65 percent of the school’s students are not
1513 proficient in mathematics.
1514 Section 28. Paragraph (f) of subsection (5) of section
1515 1008.331, Florida Statutes, is amended to read:
1516 1008.331 Supplemental educational services in Title I
1517 schools; school district, provider, and department
1518 responsibilities.—
1519 (5) RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.—
1520 (f) By September 1, 2009, The department shall approve and
1521 a district may select acceptable premethods and postmethods for
1522 measuring student learning gains, including standardized
1523 assessments, diagnostic assessments, criterion-referenced and
1524 skills-based assessments, or other applicable methods
1525 appropriate for each grade level, for use by supplemental
1526 educational services providers and local school districts in
1527 determining student learning gains. Each method must be able to
1528 measure student progress toward mastering the benchmarks or
1529 access points set forth in the Sunshine State Standards and the
1530 student’s supplemental educational services plan. The use of a
1531 diagnostic and assessment instrument, which is aligned to a
1532 provider’s curriculum, is an acceptable premethod and postmethod
1533 if the provider can demonstrate that the assessment meets the
1534 requirements in this paragraph and is not deemed unreliable or
1535 invalid by the department.
1536 1. A district may include in its district contract with a
1537 provider a requirement to use a single uniform assessment, if
1538 the department is notified of such intent before the district
1539 school start date, and the assessment is not deemed invalid or
1540 unreliable by the department as a means to measure student
1541 progress toward mastering the benchmarks or access points set
1542 forth in the state standards and the student’s supplemental
1543 educational services plan, and to evaluate the effectiveness of
1544 the provider.
1545 2. If a district requires a provider to use a third party
1546 entity to determine student academic deficiencies or learning
1547 gains; to administer, supervise, or score the uniform district
1548 assessment; or to develop student profiles, providers may not be
1549 charged more than 3 percent of the maximum per-child expenditure
1550 for supplemental educational services or $50 per student,
1551 whichever is greater, including the actual assessment tool if
1552 administered by the third party entity.
1553 Section 29. Paragraphs (b) and (c) of subsection (3) of
1554 section 1008.34, Florida Statutes, are amended to read:
1555 1008.34 School grading system; school report cards;
1556 district grade.—
1557 (3) DESIGNATION OF SCHOOL GRADES.—
1558 (b)1. A school’s grade shall be based on a combination of:
1559 a. Student achievement scores, including achievement on all
1560 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
1561 course assessments administered under s. 1008.22(3)(c)2.a., and
1562 achievement scores for students seeking a special diploma.
1563 b. Student learning gains in reading and mathematics as
1564 measured by FCAT and end-of-course assessments, as described in
1565 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1566 a special diploma, as measured by an alternate assessment tool,
1567 shall be included not later than the 2009-2010 school year.
1568 c. Improvement of the lowest 25th percentile of students in
1569 the school in reading and mathematics on the FCAT or end-of
1570 course assessments described in s. 1008.22(3)(c)2.a., unless
1571 these students are exhibiting satisfactory performance.
1572 2. Beginning with the 2011-2012 school year, for schools
1573 comprised of middle school grades 6 through 8 or grades 7 and 8,
1574 the school’s grade shall include the performance and
1575 participation of its students enrolled in high school level
1576 courses with end-of-course assessments administered under s.
1577 1008.22(3)(c)2.a. Performance and participation must be weighted
1578 equally. As valid data becomes available, the school grades
1579 shall include the students’ attainment of national industry
1580 certification identified in the Industry Certification Funding
1581 List pursuant to rules adopted by the State Board of Education.
1582 3.2. Beginning with the 2009-2010 school year for schools
1583 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1584 11, and 12, 50 percent of the school grade shall be based on a
1585 combination of the factors listed in sub-subparagraphs 1.a.-c.
1586 and the remaining 50 percent on the following factors:
1587 a. The high school graduation rate of the school;
1588 b. As valid data becomes available, the performance and
1589 participation of the school’s students in College Board Advanced
1590 Placement courses, International Baccalaureate courses, dual
1591 enrollment courses, and Advanced International Certificate of
1592 Education courses; and the students’ achievement of national
1593 industry certification identified in the Industry Certification
1594 Funding List, pursuant to rules adopted by the State Board of
1595 Education;
1596 c. Postsecondary readiness of the school’s students as
1597 measured by the SAT, ACT, or the common placement test;
1598 d. The high school graduation rate of at-risk students who
1599 scored at Level 2 or lower on the grade 8 FCAT Reading and
1600 Mathematics examinations;
1601 e. As valid data becomes available, the performance of the
1602 school’s students on statewide standardized end-of-course
1603 assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1604 f. The growth or decline in the components listed in sub
1605 subparagraphs a.-e. from year to year.
1606 (c) Student assessment data used in determining school
1607 grades shall include:
1608 1. The aggregate scores of all eligible students enrolled
1609 in the school who have been assessed on the FCAT and statewide,
1610 standardized end-of-course assessments in courses required for
1611 high school graduation, including, beginning with the 2010-2011
1612 school year, the end-of-course assessment in Algebra I; and
1613 beginning with the 2011-2012 school year, the end-of-course
1614 assessments in geometry and Biology; and beginning with the
1615 2013-2014 school year, on the statewide, standardized end-of
1616 course assessment in civics education at the middle school
1617 level.
1618 2. The aggregate scores of all eligible students enrolled
1619 in the school who have been assessed on the FCAT and end-of
1620 course assessments as described in s. 1008.22(3)(c)2.a., and who
1621 have scored at or in the lowest 25th percentile of students in
1622 the school in reading and mathematics, unless these students are
1623 exhibiting satisfactory performance.
1624 3. The achievement scores and learning gains of eligible
1625 students attending alternative schools that provide dropout
1626 prevention and academic intervention services pursuant to s.
1627 1003.53. The term “eligible students” in this subparagraph does
1628 not include students attending an alternative school who are
1629 subject to district school board policies for expulsion for
1630 repeated or serious offenses, who are in dropout retrieval
1631 programs serving students who have officially been designated as
1632 dropouts, or who are in programs operated or contracted by the
1633 Department of Juvenile Justice. The student performance data for
1634 eligible students identified in this subparagraph shall be
1635 included in the calculation of the home school’s grade. As used
1636 in this subparagraph section and s. 1008.341, the term “home
1637 school” means the school to which the student would be assigned
1638 if the student were not assigned to an alternative school. If an
1639 alternative school chooses to be graded under this section,
1640 student performance data for eligible students identified in
1641 this subparagraph shall not be included in the home school’s
1642 grade but shall be included only in the calculation of the
1643 alternative school’s grade. A school district that fails to
1644 assign the FCAT and end-of-course assessment as described in s.
1645 1008.22(3)(c)2.a. scores of each of its students to his or her
1646 home school or to the alternative school that receives a grade
1647 shall forfeit Florida School Recognition Program funds for 1
1648 fiscal year. School districts must require collaboration between
1649 the home school and the alternative school in order to promote
1650 student success. This collaboration must include an annual
1651 discussion between the principal of the alternative school and
1652 the principal of each student’s home school concerning the most
1653 appropriate school assignment of the student.
1654 4. The achievement scores and learning gains of students
1655 designated as hospital or homebound. Student assessment data for
1656 students designated as hospital or homebound shall be assigned
1657 to their home school for the purposes of school grades. As used
1658 in this subparagraph, the term “home school” means the school to
1659 which a student would be assigned if the student were not
1660 assigned to a hospital or homebound program.
1661 5.4. For schools comprised of high school grades 9, 10, 11,
1662 and 12, or grades 10, 11, and 12, the data listed in
1663 subparagraphs 1.-3. and the following data as the Department of
1664 Education determines such data are valid and available:
1665 a. The high school graduation rate of the school as
1666 calculated by the Department of Education;
1667 b. The participation rate of all eligible students enrolled
1668 in the school and enrolled in College Board Advanced Placement
1669 courses; International Baccalaureate courses; dual enrollment
1670 courses; Advanced International Certificate of Education
1671 courses; and courses or sequence of courses leading to national
1672 industry certification identified in the Industry Certification
1673 Funding List, pursuant to rules adopted by the State Board of
1674 Education;
1675 c. The aggregate scores of all eligible students enrolled
1676 in the school in College Board Advanced Placement courses,
1677 International Baccalaureate courses, and Advanced International
1678 Certificate of Education courses;
1679 d. Earning of college credit by all eligible students
1680 enrolled in the school in dual enrollment programs under s.
1681 1007.271;
1682 e. Earning of a national industry certification identified
1683 in the Industry Certification Funding List, pursuant to rules
1684 adopted by the State Board of Education;
1685 f. The aggregate scores of all eligible students enrolled
1686 in the school in reading, mathematics, and other subjects as
1687 measured by the SAT, the ACT, and the common placement test for
1688 postsecondary readiness;
1689 g. The high school graduation rate of all eligible at-risk
1690 students enrolled in the school who scored at Level 2 or lower
1691 on the grade 8 FCAT Reading and Mathematics examinations;
1692 h. The performance of the school’s students on statewide
1693 standardized end-of-course assessments administered under s.
1694 1008.22(3)(c)2.b. and c.; and
1695 i. The growth or decline in the data components listed in
1696 sub-subparagraphs a.-h. from year to year.
1697
1698 The State Board of Education shall adopt appropriate criteria
1699 for each school grade. The criteria must also give added weight
1700 to student achievement in reading. Schools designated with a
1701 grade of “C,” making satisfactory progress, shall be required to
1702 demonstrate that adequate progress has been made by students in
1703 the school who are in the lowest 25th percentile in reading and
1704 mathematics on the FCAT and end-of-course assessments as
1705 described in s. 1008.22(3)(c)2.a., unless these students are
1706 exhibiting satisfactory performance. Beginning with the 2009
1707 2010 school year for schools comprised of high school grades 9,
1708 10, 11, and 12, or grades 10, 11, and 12, the criteria for
1709 school grades must also give added weight to the graduation rate
1710 of all eligible at-risk students, as defined in this paragraph.
1711 Beginning in the 2009-2010 school year, in order for a high
1712 school to be designated as having a grade of “A,” making
1713 excellent progress, the school must demonstrate that at-risk
1714 students, as defined in this paragraph, in the school are making
1715 adequate progress.
1716 Section 30. Paragraph (a) of subsection (3) of section
1717 1011.01, Florida Statutes, is amended to read:
1718 1011.01 Budget system established.—
1719 (3)(a) Each district school board and each community
1720 college board of trustees shall prepare, adopt, and submit to
1721 the Commissioner of Education for review an annual operating
1722 budget. Operating budgets shall be prepared and submitted in
1723 accordance with the provisions of law, rules of the State Board
1724 of Education, the General Appropriations Act, and for district
1725 school boards in accordance with the provisions of ss. 200.065
1726 and 1011.64.
1727 Section 31. Subsection (4) of section 1011.03, Florida
1728 Statutes, is amended to read:
1729 1011.03 Public hearings; budget to be submitted to
1730 Department of Education.—
1731 (4) The board shall hold public hearings to adopt tentative
1732 and final budgets pursuant to s. 200.065. The hearings shall be
1733 primarily for the purpose of hearing requests and complaints
1734 from the public regarding the budgets and the proposed tax
1735 levies and for explaining the budget and proposed or adopted
1736 amendments thereto, if any. The district school board shall then
1737 require the superintendent to transmit forthwith two copies of
1738 the adopted budget to the Department of Education for approval
1739 as prescribed by law and rules of the State Board of Education.
1740 Section 32. Section 1011.035, Florida Statutes, is created
1741 to read:
1742 1011.035 School district budget transparency.-
1743 (1) It is important for school districts to provide
1744 budgetary transparency to enable taxpayers, parents, and
1745 education advocates to obtain school district budget and related
1746 information in a manner that is simply explained and easily
1747 understandable. Budgetary transparency leads to more responsible
1748 spending, more citizen involvement, and improved accountability.
1749 A budget that is not transparent, accessible, and accurate
1750 cannot be properly analyzed, its implementation thoroughly
1751 monitored, or its outcomes evaluated.
1752 (2) Each district school board shall post on its website a
1753 plain language version of each proposed, tentative, and official
1754 budget which describes each budget item in terms that are easily
1755 understandable to the public. This information must be
1756 prominently posted on the school district’s website in a manner
1757 that is readily accessible to the public.
1758 (3) Each district school board is encouraged to post the
1759 following information on its website:
1760 (a) Timely information as to when a budget hearing will be
1761 conducted.
1762 (b) Each contract between the district school board and the
1763 teachers’ union.
1764 (c) Each contract between the district school board and
1765 noninstructional staff.
1766 (d) Each contract exceeding $35,000 between the school
1767 board and a vendor of services, supplies, or programs or for the
1768 purchase or lease of lands, facilities, or properties.
1769 (e) Each contract exceeding $35,000 that is an emergency
1770 procurement or is with a single source as authorized under s.
1771 287.057(3).
1772 (f) Recommendations of the citizens’ budget advisory
1773 committee.
1774 (g) Current and archived video recordings of each district
1775 school board meeting and workshop.
1776 (4) The website should contain links to:
1777 (a) Help explain or provide background information on
1778 various budget items that are required by state or federal law.
1779 (b) Allow users to navigate to related sites to view
1780 supporting details.
1781 (c) Enable taxpayers, parents, and education advocates to
1782 send e-mails asking questions about the budget and enable others
1783 to view the questions and responses.
1784 Section 33. Paragraph (e) of subsection (1) of section
1785 1011.62, Florida Statutes, is amended to read:
1786 1011.62 Funds for operation of schools.—If the annual
1787 allocation from the Florida Education Finance Program to each
1788 district for operation of schools is not determined in the
1789 annual appropriations act or the substantive bill implementing
1790 the annual appropriations act, it shall be determined as
1791 follows:
1792 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1793 OPERATION.—The following procedure shall be followed in
1794 determining the annual allocation to each district for
1795 operation:
1796 (e) Funding model for exceptional student education
1797 programs.—
1798 1.a. The funding model uses basic, at-risk, support levels
1799 IV and V for exceptional students and career Florida Education
1800 Finance Program cost factors, and a guaranteed allocation for
1801 exceptional student education programs. Exceptional education
1802 cost factors are determined by using a matrix of services to
1803 document the services that each exceptional student will
1804 receive. The nature and intensity of the services indicated on
1805 the matrix shall be consistent with the services described in
1806 each exceptional student’s individual educational plan. The
1807 Department of Education shall review and revise the descriptions
1808 of the services and supports included in the matrix of services
1809 for exceptional students and shall implement those revisions
1810 before the beginning of the 2011-2012 school year.
1811 b. In order to generate funds using one of the two weighted
1812 cost factors, a matrix of services must be completed at the time
1813 of the student’s initial placement into an exceptional student
1814 education program and at least once every 3 years by personnel
1815 who have received approved training. Nothing listed in the
1816 matrix shall be construed as limiting the services a school
1817 district must provide in order to ensure that exceptional
1818 students are provided a free, appropriate public education.
1819 c. Students identified as exceptional, in accordance with
1820 chapter 6A-6, Florida Administrative Code, who do not have a
1821 matrix of services as specified in sub-subparagraph b. shall
1822 generate funds on the basis of full-time-equivalent student
1823 membership in the Florida Education Finance Program at the same
1824 funding level per student as provided for basic students.
1825 Additional funds for these exceptional students will be provided
1826 through the guaranteed allocation designated in subparagraph 2.
1827 2. For students identified as exceptional who do not have a
1828 matrix of services and students who are gifted in grades K
1829 through 8, there is created a guaranteed allocation to provide
1830 these students with a free appropriate public education, in
1831 accordance with s. 1001.42(4)(m) and rules of the State Board of
1832 Education, which shall be allocated annually to each school
1833 district in the amount provided in the General Appropriations
1834 Act. These funds shall be in addition to the funds appropriated
1835 on the basis of FTE student membership in the Florida Education
1836 Finance Program, and the amount allocated for each school
1837 district shall not be recalculated during the year. These funds
1838 shall be used to provide special education and related services
1839 for exceptional students and students who are gifted in grades K
1840 through 8. Beginning with the 2007-2008 fiscal year, a
1841 district’s expenditure of funds from the guaranteed allocation
1842 for students in grades 9 through 12 who are gifted may not be
1843 greater than the amount expended during the 2006-2007 fiscal
1844 year for gifted students in grades 9 through 12.
1845 Section 34. Paragraph (c) of subsection (1) of section
1846 1012.39, Florida Statutes, is amended to read:
1847 1012.39 Employment of substitute teachers, teachers of
1848 adult education, nondegreed teachers of career education, and
1849 career specialists; students performing clinical field
1850 experience.—
1851 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1852 1012.57, or any other provision of law or rule to the contrary,
1853 each district school board shall establish the minimal
1854 qualifications for:
1855 (c) Part-time and full-time nondegreed teachers of career
1856 programs. Qualifications shall be established for nondegreed
1857 teachers of career and technical education courses for program
1858 clusters that are recognized in the state and are agriculture,
1859 business, health occupations, family and consumer sciences,
1860 industrial, marketing, career specialist, and public service
1861 education teachers, based primarily on successful occupational
1862 experience rather than academic training. The qualifications for
1863 such teachers shall require:
1864 1. The filing of a complete set of fingerprints in the same
1865 manner as required by s. 1012.32. Faculty employed solely to
1866 conduct postsecondary instruction may be exempted from this
1867 requirement.
1868 2. Documentation of education and successful occupational
1869 experience including documentation of:
1870 a. A high school diploma or the equivalent.
1871 b. Completion of 6 years of full-time successful
1872 occupational experience or the equivalent of part-time
1873 experience in the teaching specialization area. The district
1874 school board may establish alternative qualifications for
1875 teachers with an industry certification in the career area in
1876 which they teach. Alternate means of determining successful
1877 occupational experience may be established by the district
1878 school board.
1879 c. Completion of career education training conducted
1880 through the local school district inservice master plan.
1881 d. For full-time teachers, completion of professional
1882 education training in teaching methods, course construction,
1883 lesson planning and evaluation, and teaching special needs
1884 students. This training may be completed through coursework from
1885 an accredited or approved institution or an approved district
1886 teacher education program.
1887 e. Demonstration of successful teaching performance.
1888 f. Documentation of industry certification when state or
1889 national industry certifications are available and applicable.
1890 Section 35. Except as otherwise expressly provided in this
1891 act and except for this section, which shall take effect upon
1892 this act becoming a law, this act shall take effect July 1,
1893 2011.
1894
1895 ================= T I T L E A M E N D M E N T ================
1896 And the title is amended as follows:
1897 Delete lines 2 - 116
1898 and insert:
1899 An act relating to education accountability; amending
1900 s. 1001.20, F.S.; deleting a provision that requires
1901 the Florida Virtual School to be administratively
1902 housed within the Office of Technology and Information
1903 Services within the Office of the Commissioner of
1904 Education; amending s. 1001.42, F.S.; revising the
1905 powers and duties of district school boards relating
1906 to student access to Florida Virtual School courses;
1907 creating s. 1001.421, F.S.; prohibiting district
1908 school board members and their relatives from
1909 soliciting or accepting certain gifts; amending s.
1910 1002.20, F.S.; adding auditory-oral education programs
1911 to the list of public school choice options; amending
1912 s. 1002.37, F.S.; conforming provisions to changes
1913 made by the act; amending s. 1002.38, F.S.; requiring
1914 that a school’s grade be based on statewide
1915 assessments for purposes of the Opportunity
1916 Scholarship Program; amending s. 1002.39, F.S.;
1917 providing requirements for determining the end of the
1918 term of a John M. McKay Scholarship; creating s.
1919 1002.391, F.S.; providing for the establishment of
1920 auditory-oral education programs as a school of
1921 choice; providing definitions; providing requirements
1922 for enrollment and attendance; amending s. 1002.45,
1923 F.S.; revising provisions relating to virtual
1924 instruction program provider qualifications; amending
1925 s. 1002.66, F.S.; providing an additional
1926 instructional service for children with disabilities
1927 in the Voluntary Prekindergarten Education Program;
1928 amending s. 1002.67, F.S.; requiring that the State
1929 Board of Education periodically review and revise the
1930 performance standards for the statewide kindergarten
1931 screening; amending s. 1002.69, F.S.; authorizing
1932 nonpublic schools to administer the statewide
1933 kindergarten screening to kindergarten students who
1934 were enrolled in the Voluntary Prekindergarten
1935 Education Program; revising provisions relating to the
1936 minimum kindergarten readiness rate and criteria for
1937 good cause exemptions from meeting the requirement;
1938 requiring prekindergarten enrollment screening and
1939 post-assessment under certain circumstances; amending
1940 s. 1002.71, F.S.; providing that a child may reenroll
1941 more than once in a prekindergarten program if granted
1942 a good cause exemption; amending s. 1002.73, F.S.;
1943 requiring the Department of Education to adopt
1944 procedures relating to prekindergarten enrollment
1945 screening, the standardized post-assessment, and
1946 reporting of the results of readiness measures;
1947 amending s. 1003.01, F.S.; providing an additional
1948 special education service; amending s. 1003.4156,
1949 F.S.; revising the general requirements for middle
1950 grades promotion; providing that a student with a
1951 disability may have end-of-course assessment results
1952 waived under certain circumstances; providing that a
1953 middle grades student may be exempt from reading
1954 remediation requirements under certain circumstances;
1955 creating s. 1003.4203, F.S.; authorizing each district
1956 school board to develop and implement a digital
1957 curriculum for students in grades 6 through 12;
1958 requiring the Department of Education to develop a
1959 model digital curriculum; authorizing partnerships
1960 with private businesses and consultants; amending s.
1961 1003.428, F.S.; revising provisions relating to the
1962 general requirements for high school graduation;
1963 providing that a high school student may be exempt
1964 from reading remediation requirements under certain
1965 circumstances; amending s. 1003.429, F.S.; revising
1966 provisions relating to the selection of accelerated
1967 high school graduation options; amending s. 1003.491,
1968 F.S.; revising provisions relating to the development,
1969 contents, and approval of the strategic plan to
1970 address workforce needs; amending s. 1003.493, F.S.;
1971 revising requirements for career and professional
1972 academies and enrollment of students; creating s.
1973 1003.4935, F.S.; requiring each district school board
1974 to develop a plan to implement a career and
1975 professional academy in at least one middle school;
1976 providing requirements for middle school career and
1977 professional academies and academy courses; amending
1978 s. 1003.573, F.S.; revising provisions relating to the
1979 use of restraint and seclusion on students with
1980 disabilities; requiring that certain information be
1981 included in incident reports; removing an obsolete
1982 date; requiring that the Department of Education
1983 maintain certain data of incidents of manual or
1984 physical restraint and seclusion and establish
1985 standards for documenting, reporting, and monitoring
1986 the use of restraint and seclusion; requiring that the
1987 department provide these standards to school districts
1988 by a specified date; revising provisions relating to
1989 school district policies and procedures to include
1990 monitoring, training, selecting personnel to be
1991 trained, and planning for reducing the use of
1992 restraint and seclusion; extending the date that such
1993 policies and procedures must be revised and filed with
1994 the bureau chief of the Bureau of Exceptional
1995 Education and Student Services within the Department
1996 of Education; amending s. 1003.575, F.S.; providing
1997 requirements for completion of an assistive technology
1998 assessment; amending s. 1008.22, F.S.; revising
1999 provisions relating to the student assessment program
2000 for public schools; requiring that the Commissioner of
2001 Education direct school districts to participate in
2002 certain international assessment programs; authorizing
2003 a school principal to exempt certain students from the
2004 end-of-course assessment in civics education; revising
2005 provisions relating to administration and reporting of
2006 results of assessments; amending s. 1008.30, F.S.;
2007 revising provisions relating to evaluation of college
2008 readiness and providing for postsecondary preparatory
2009 instruction; requiring the State Board of Education to
2010 adopt certain rules; amending s. 1008.33, F.S.;
2011 revising provisions relating to public school
2012 improvement; requiring the Department of Education to
2013 categorize public schools based on a school’s grade
2014 that relies on statewide assessments; amending s.
2015 1008.331, F.S.; revising the responsibilities of the
2016 Department of Education; authorizing school districts
2017 to select acceptable premethods and postmethods for
2018 measuring student learning gains; authorizing a school
2019 district to include in its contract with a provider a
2020 requirement to use a single uniform assessment;
2021 providing that providers may not be charged more than
2022 a certain amount for the maximum per child for
2023 supplemental educational services; amending s.
2024 1008.34, F.S.; revising the basis for the designation
2025 of school grades; including achievement scores and
2026 learning gains for students who are hospital or
2027 homebound; amending s. 1011.01, F.S.; revising
2028 provisions relating to the annual operating budgets of
2029 district school boards and Florida College System
2030 institution boards of trustees; amending s. 1011.03,
2031 F.S.; revising provisions relating to adopted district
2032 school board budgets; creating s. 1011.035, F.S.;
2033 requiring each school district to post budgetary
2034 information on its website; amending s. 1011.62, F.S.;
2035 revising provisions relating to the funding model for
2036 exceptional student education programs; requiring the
2037 Department of Education to revise the descriptions of
2038 services and to implement the revisions; amending s.
2039 1012.39, F.S.; revising provisions relating to the
2040 qualifications for nondegreed teachers of career
2041 education; providing effective dates.