HB 1255

1	A bill to be entitled
2	An act relating to public school accountability; amending
3	s. 1001.20, F.S.; deleting a provision that requires the
4	Florida Virtual School to be administratively housed
5	within the Office of Technology and Information Services
6	within the Department of Education; amending s. 1001.42,
7	F.S.; revising the powers and duties of district school
8	boards to require that students be provided with access to
9	Florida Virtual School courses; amending s. 1002.33, F.S.;
10	revising provisions relating to charter schools to
11	authorize a community college to work with the school
12	district or school districts in its designated service
13	area to operate charter schools; authorizing such charter
14	schools to include an option for secondary students to
15	receive an associate degree upon high school graduation;
16	amending s. 1002.37, F.S.; conforming provisions to
17	changes made by the act; amending s. 1002.38, F.S.;
18	revising provisions relating to the Opportunity
19	Scholarship Program to provide that school grades for all
20	schools be based on statewide assessments; amending s.
21	1002.45, F.S.; revising qualification requirements for
22	virtual instruction program providers; providing that an
23	approved provider retain its approved status for 3 school
24	years after approval; amending s. 1002.67, F.S.; requiring
25	that the State Board of Education periodically review and
26	revise the performance standards for the statewide
27	kindergarten screening and align to student performance
28	standards for statewide assessments; requiring that newly
29	admitted voluntary prekindergarten program students
30	complete the statewide voluntary prekindergarten
31	enrollment screening; requiring that the provider pay for
32	screening; amending s. 1002.69, F.S.; requiring that the
33	Department of Education adopt a statewide voluntary
34	prekindergarten enrollment screening; requiring that each
35	Early Learning Coalition administer the enrollment
36	screening; requiring that each parent or guardian
37	enrolling his or her child in a voluntary prekindergarten
38	education program submit the child for enrollment
39	screening if required by the provider; amending s.
40	1002.73, F.S.; requiring that the Department of Education
41	adopt procedures for the statewide voluntary
42	prekindergarten enrollment screening, fee schedule, and
43	the process for determining learning gains of students who
44	complete the voluntary prekindergarten and kindergarten
45	screenings; amending s. 1003.03, F.S.; providing that if a
46	district school board produces evidence that it was unable
47	to meet class size requirements despite efforts to do so,
48	the reduction of an alternative amount of funds from the
49	district's class size categorical may be recommended by
50	the State Board of Education for approval by the
51	Legislative Budget Commission; amending s. 1003.4156,
52	F.S.; revising the general requirements for middle grades
53	promotion; providing that a student with a disability may
54	have his or her end-of-course assessment results waived
55	under certain circumstances; providing that a middle
56	grades student is exempt from the reading remediation
57	requirements under certain circumstances; creating s.
58	1003.4203, F.S.; requiring each district school board to
59	develop and implement a digital curriculum for students in
60	grades 5 through 12; specifying certain components of a
61	digital curriculum; requiring student participation unless
62	exempt due to written parental request; requiring
63	curriculum standards and measures to assess student
64	content knowledge and skills and learning gains;
65	authorizing the Department of Education to develop a model
66	to serve as a guide for school districts; providing for
67	funding for a school district's digital curriculum;
68	providing that a school district that demonstrates high
69	achievement in student competency in web communications
70	and web design is eligible for certain financial
71	incentives; requiring that the department and the
72	Commissioner of Education establish procedures for
73	statewide recognition of school districts and individual
74	students; authorizing partnerships with private businesses
75	and consultants; requiring that school district digital
76	curriculum advisory committees be established; amending s.
77	1003.428, F.S.; revising provisions relating to the
78	general requirements for high school graduation; providing
79	that a high school student may be exempt from intensive
80	reading under certain circumstances; amending s. 1003.492,
81	F.S.; revising provisions relating to industry-certified
82	career education programs; requiring that rules adopted by
83	the State Board of Education establish a process for
84	weighing the value of industry certifications based on the
85	rigor of the certification and its employment value to
86	state businesses and industry; amending s. 1003.493, F.S.;
87	revising provisions relating to career and professional
88	academies to include middle schools; requiring that
89	students who are completing a middle school career and
90	professional academy program have an opportunity to earn
91	an industry certification, high school credit, and
92	participate in career planning, job shadowing, and
93	leadership development opportunities; requiring that
94	middle school career and professional academies align with
95	high school career and professional academies; providing
96	for partnerships with high schools, businesses, industry,
97	employers, economic development organizations, and other
98	local community partners; amending s. 1003.575, F.S.;
99	revising provisions relating to assistive technology
100	devices for young persons with disabilities to require
101	that any school having an individualized education plan
102	team arrange to complete an assistive technology
103	assessment within a specified number of days after
104	receiving a request for such assessment; amending s.
105	1003.621, F.S.; removing an exemption provided for high-
106	performing school districts from compliance with
107	requirements to requisition instructional materials from
108	the publisher's depository; amending s. 1006.28, F.S.;
109	revising provisions relating to the duties of district
110	school boards to conform provisions to changes made by the
111	act; amending s. 1006.29, F.S.; revising provisions
112	relating to state instructional materials; replacing
113	references to state instructional materials committees
114	with state instructional materials reviewers; requiring
115	that the Commissioner of Education appoint state or
116	national experts to review and evaluate instructional
117	materials; amending s. 1006.30, F.S.; revising provisions
118	relating to the affidavit of state instructional materials
119	reviewers to conform to changes made by the act; amending
120	s. 1006.31, F.S.; revising provisions relating to the
121	duties of each state instructional materials reviewer to
122	conform to changes made by the act; amending s. 1006.32,
123	F.S.; conforming provisions to changes made by the act;
124	amending s. 1006.33, F.S.; revising provisions relating to
125	bids or proposals of instructional materials to conform
126	provisions to changes made by the act; amending s.
127	1006.34, F.S.; revising provisions relating to the
128	commissioner's powers and duties in selecting and adopting
129	instructional materials; providing an exemption from the
130	requirement that a rule having certain regulatory costs be
131	ratified by the Legislature; providing for the Department
132	of Education rather than the Department of Legal Affairs
133	to prepare contracts for instructional materials;
134	requiring that the contracts be executed by the
135	Commissioner of Education rather than by the Governor and
136	Secretary of State; amending s. 1006.35, F.S.; conforming
137	provisions relating to the accuracy of instructional
138	materials to changes made by the act; amending s. 1006.36,
139	F.S.; revising the term of adoption of any instructional
140	materials from a 6-year period to a 5-year period;
141	repealing s. 1006.37, F.S., relating to the requisition of
142	instructional materials from a publisher's depository;
143	amending s. 1006.38, F.S.; revising provisions relating to
144	the duties, responsibilities, and requirements of
145	instructional materials publishers and manufacturers;
146	requiring electronic delivery of copies to the Department
147	of Education in accordance with procedures adopted by the
148	State Board of Education; authorizing publishers to offer
149	digital or electronic versions of instructional materials
150	at reduced rates; amending s. 1006.39, F.S.; revising
151	provisions relating to the production and dissemination of
152	educational materials and products by the Department of
153	Education to conform to changes made by the act; amending
154	s. 1006.40, F.S.; revising provisions relating to the
155	annual allocation for the purchase of digital, electronic,
156	or web-based instructional materials; authorizing a
157	district school board to purchase technology hardware
158	using categorical funds for instructional materials under
159	specified circumstances; amending s. 1006.43, F.S.;
160	revising provisions relating to Department of Education's
161	expenses and annual legislative budget requests to conform
162	to changes made by the act; amending s. 1008.22, F.S.;
163	revising provisions relating to the student assessment
164	program for public schools; requiring that the
165	Commissioner of Education direct school districts to
166	participate in the administration of the National
167	Assessment of Educational Progress or similar national or
168	international assessment program; providing for future
169	expiration of the requirement that school districts
170	participate in international assessment programs;
171	authorizing the school principal to exempt certain
172	students from the end-of-course assessment in civics
173	education; amending s. 1008.33, F.S.; revising provisions
174	relating to public school improvement; requiring that the
175	Department of Education categorize public schools based on
176	the portion of a school's grade that relies on statewide
177	assessments; revising the categorization of the lowest-
178	performing schools; amending s. 1008.34, F.S.; revising
179	provisions relating to the designation of school grades to
180	conform to changes made by the act; providing for
181	assigning achievement scores and learning gains for
182	students who are hospital or homebound; requiring that a
183	school that does not meet minimal proficiency standards
184	established by the State Board of Education receive a
185	school grade of "F"; amending s. 1011.01, F.S.; revising
186	provisions relating to the annual operating budgets of
187	district school boards and community college boards of
188	trustees; amending s. 1011.03, F.S.; revising provisions
189	relating to tentative and final district school board
190	budgets; requiring that an adopted budget be transmitted
191	to the Department of Education; amending s. 1011.61, F.S.;
192	redefining the term "full-time equivalent student" as it
193	relates to students in virtual instruction programs;
194	amending s. 1011.62, F.S.; revising provisions relating to
195	funds for the operation of schools; providing that the
196	value of the full-time equivalent student membership be
197	determined by weights adopted by the State Board of
198	Education; conforming provisions; amending s. 1012.39,
199	F.S.; revising provisions relating to the employment of
200	nondegreed teachers of career education; requiring that
201	qualifications be established for nondegreed teachers of
202	career and technical education courses for state-
203	recognized program clusters; providing effective dates.
204
205	Be It Enacted by the Legislature of the State of Florida:
206
207	Section 1.  Paragraph (a) of subsection (4) of section
208	1001.20, Florida Statutes, is amended to read:
209	1001.20  Department under direction of state board.-
210	(4)  The Department of Education shall establish the
211	following offices within the Office of the Commissioner of
212	Education which shall coordinate their activities with all other
213	divisions and offices:
214	(a)  Office of Technology and Information Services.-
215	Responsible for developing a systemwide technology plan, making
216	budget recommendations to the commissioner, providing data
217	collection and management for the system, assisting school
218	districts in securing Internet access and telecommunications
219	services, including those eligible for funding under the Schools
220	and Libraries Program of the federal Universal Service Fund, and
221	coordinating services with other state, local, and private
222	agencies. The office shall develop a method to address the need
223	for a statewide approach to planning and operations of library
224	and information services to achieve a single K-20 education
225	system library information portal and a unified higher education
226	library management system. The Florida Virtual School shall be
227	administratively housed within the office.
228	Section 2.  Subsection (23) of section 1001.42, Florida
229	Statutes, is amended to read:
230	1001.42  Powers and duties of district school board.-The
231	district school board, acting as a board, shall exercise all
232	powers and perform all duties listed below:
233	(23)  FLORIDA VIRTUAL SCHOOL.-Provide students with access
234	to enroll in courses available through the Florida Virtual
235	School and award credit for successful completion of such
236	courses. Access shall be available to students during and or
237	after the normal school day and through summer school
238	enrollment.
239	Section 3.  Paragraph (b) of subsection (5) of section
240	1002.33, Florida Statutes, is amended to read:
241	1002.33  Charter schools.-
242	(5)  SPONSOR; DUTIES.-
243	(b)  Sponsor duties.-
244	1.a.  The sponsor shall monitor and review the charter
245	school in its progress toward the goals established in the
246	charter.
247	b.  The sponsor shall monitor the revenues and expenditures
248	of the charter school and perform the duties provided in s.
249	1002.345.
250	c.  The sponsor may approve a charter for a charter school
251	before the applicant has identified space, equipment, or
252	personnel, if the applicant indicates approval is necessary for
253	it to raise working funds.
254	d.  The sponsor's policies shall not apply to a charter
255	school unless mutually agreed to by both the sponsor and the
256	charter school.
257	e.  The sponsor shall ensure that the charter is innovative
258	and consistent with the state education goals established by s.
259	1000.03(5).
260	f.  The sponsor shall ensure that the charter school
261	participates in the state's education accountability system. If
262	a charter school falls short of performance measures included in
263	the approved charter, the sponsor shall report such shortcomings
264	to the Department of Education.
265	g.  The sponsor shall not be liable for civil damages under
266	state law for personal injury, property damage, or death
267	resulting from an act or omission of an officer, employee,
268	agent, or governing body of the charter school.
269	h.  The sponsor shall not be liable for civil damages under
270	state law for any employment actions taken by an officer,
271	employee, agent, or governing body of the charter school.
272	i.  The sponsor's duties to monitor the charter school
273	shall not constitute the basis for a private cause of action.
274	j.  The sponsor shall not impose additional reporting
275	requirements on a charter school without providing reasonable
276	and specific justification in writing to the charter school.
277	2.  Immunity for the sponsor of a charter school under
278	subparagraph 1. applies only with respect to acts or omissions
279	not under the sponsor's direct authority as described in this
280	section.
281	3.  This paragraph does not waive a district school board's
282	sovereign immunity.
283	4.  A community college may work with the school district
284	or school districts in its designated service area to operate
285	develop charter schools that offer secondary education. These
286	Charter schools may must include an option for secondary
287	students to receive an associate degree upon high school
288	graduation. District school boards shall cooperate with and
289	assist the community college on the charter application.
290	Community college applications for charter schools are not
291	subject to the time deadlines outlined in subsection (6) and may
292	be approved by the district school board at any time during the
293	year. Community colleges may not report FTE for any students who
294	receive FTE funding through the Florida Education Finance
295	Program.
296	Section 4.  Paragraph (a) of subsection (1) of section
297	1002.37, Florida Statutes, is amended to read:
298	1002.37  The Florida Virtual School.-
299	(1)(a)  The Florida Virtual School is established for the
300	development and delivery of online and distance learning
301	education and shall be administratively housed within the
302	Commissioner of Education's Office of Technology and Information
303	Services. The Commissioner of Education shall monitor the
304	school's performance and report its performance to the State
305	Board of Education and the Legislature.
306
307	The board of trustees of the Florida Virtual School shall
308	identify appropriate performance measures and standards based on
309	student achievement that reflect the school's statutory mission
310	and priorities, and shall implement an accountability system for
311	the school that includes assessment of its effectiveness and
312	efficiency in providing quality services that encourage high
313	student achievement, seamless articulation, and maximum access.
314	Section 5.  Paragraph (f) is added to subsection (3) of
315	section 1002.38, Florida Statutes, to read:
316	1002.38  Opportunity Scholarship Program.-
317	(3)  SCHOOL DISTRICT OBLIGATIONS.-
318	(f)  For purposes of this subsection, school grades for all
319	schools shall be based upon statewide assessments administered
320	pursuant to s. 1008.22.
321	Section 6.  Paragraph (b) of subsection (2) of section
322	1002.45, Florida Statutes, is amended to read:
323	1002.45  School district virtual instruction programs.-
324	(2)  PROVIDER QUALIFICATIONS.-
325	(b)  An approved provider shall retain its approved status
326	during the 3 school years for a period of 3 years after the date
327	of the department's approval under paragraph (a) as long as the
328	provider continues to comply with all requirements of this
329	section.
330	Section 7.  Subsection (1) and paragraph (c) of subsection
331	(3) of section 1002.67, Florida Statutes, are amended to read:
332	1002.67  Performance standards; curricula and
333	accountability.-
334	(1)  By April 1, 2005, the department shall develop and
335	adopt performance standards for students in the Voluntary
336	Prekindergarten Education Program. The performance standards
337	must address the age-appropriate progress of students in the
338	development of:
339	(a)  The capabilities, capacities, and skills required
340	under s. 1(b), Art. IX of the State Constitution; and
341	(b)  Emergent literacy skills, including oral
342	communication, knowledge of print and letters, phonemic and
343	phonological awareness, and vocabulary and comprehension
344	development.
345	(c)  The State Board of Education shall periodically review
346	and revise the performance standards for the statewide
347	kindergarten screening administered under s. 1002.69 and align
348	the standards to the standards established by the board for the
349	expectations of student performance on the statewide assessments
350	administered pursuant to s. 1008.22.
351	(3)
352	(c)1.  If the kindergarten readiness rate of a private
353	prekindergarten provider or public school falls below the
354	minimum rate adopted by the State Board of Education as
355	satisfactory under s. 1002.69(6), the early learning coalition
356	or school district, as applicable, shall require the provider or
357	school to submit an improvement plan for approval by the
358	coalition or school district, as applicable, and to implement
359	the plan.
360	2.  If a private prekindergarten provider or public school
361	fails to meet the minimum rate adopted by the State Board of
362	Education as satisfactory under s. 1002.69(6) for 2 consecutive
363	years, the early learning coalition or school district, as
364	applicable, shall place the provider or school on probation and
365	must require the provider or school to take certain corrective
366	actions, including the use of a curriculum approved by the
367	department under paragraph (2)(c) and requiring newly admitted
368	voluntary prekindergarten program students to complete the
369	statewide voluntary prekindergarten enrollment screening, for
370	which the provider must pay.
371	3.  A private prekindergarten provider or public school
372	that is placed on probation must continue the corrective actions
373	required under subparagraph 2., including the use of a
374	curriculum approved by the department, until the provider or
375	school meets the minimum rate adopted by the State Board of
376	Education as satisfactory under s. 1002.69(6).
377	4.  If a private prekindergarten provider or public school
378	remains on probation for 2 consecutive years and fails to meet
379	the minimum rate adopted by the State Board of Education as
380	satisfactory under s. 1002.69(6) and is not granted a good cause
381	exemption by the department pursuant to s. 1002.69(7), the
382	Agency for Workforce Innovation shall require the early learning
383	coalition or the Department of Education shall require the
384	school district to remove, as applicable, the provider or school
385	from eligibility to deliver the Voluntary Prekindergarten
386	Education Program and receive state funds for the program.
387	Section 8.  Subsections (1), (2), (3), (4), and (6) and
388	paragraph (c) of subsection (7) of section 1002.69, Florida
389	Statutes, are amended to read:
390	1002.69  Statewide kindergarten screening; kindergarten
391	readiness rates.-
392	(1)  The department shall adopt a statewide kindergarten
393	screening that assesses the readiness of each student for
394	kindergarten based upon the performance standards adopted by the
395	department under s. 1002.67(1) for the Voluntary Prekindergarten
396	Education Program. The department shall also adopt a statewide
397	voluntary prekindergarten enrollment screening that assesses the
398	readiness of each student for kindergarten upon entry into a
399	voluntary prekindergarten program, for which the voluntary
400	prekindergarten provider must pay. The department shall require
401	that each school district administer the statewide kindergarten
402	screening to each kindergarten student in the school district
403	within the first 30 school days of each school year and shall
404	require each early learning coalition to administer the
405	statewide voluntary prekindergarten enrollment screening in
406	accordance with this section.
407	(2)  The statewide voluntary prekindergarten enrollment
408	screening and the kindergarten screening shall provide objective
409	data concerning each student's readiness for kindergarten and
410	progress in attaining the performance standards adopted by the
411	department under s. 1002.67(1).
412	(3)  The statewide voluntary prekindergarten enrollment
413	screening and the kindergarten screening shall incorporate
414	mechanisms for recognizing potential variations in kindergarten
415	readiness rates for students with disabilities.
416	(4)  Each parent who enrolls his or her child in the
417	Voluntary Prekindergarten Education Program must submit the
418	child for the statewide kindergarten screening, regardless of
419	whether the child is admitted to kindergarten in a public school
420	or nonpublic school. Each parent who enrolls his or her child in
421	a voluntary prekindergarten education program must submit the
422	child for statewide voluntary prekindergarten enrollment
423	screening if required by the provider. Each school district
424	shall designate sites to administer the statewide kindergarten
425	screening for children admitted to kindergarten in a nonpublic
426	school.
427	(6)(a)  The State Board of Education shall periodically
428	adopt a minimum kindergarten readiness rate that, if achieved by
429	a private prekindergarten provider or public school, would
430	demonstrate the provider's or school's satisfactory delivery of
431	the Voluntary Prekindergarten Education Program.
432	(b)  The minimum rate must not exceed the rate at which
433	more than 15 percent of the kindergarten readiness rates of all
434	private prekindergarten providers and public schools delivering
435	the Voluntary Prekindergarten Education Program in the state
436	would fall below the minimum rate.
437	(7)
438	(c)  The State Board of Education shall adopt criteria for
439	granting good cause exemptions. Such criteria shall include, but
440	are not limited to:
441	1.  Learning gains of children served in the Voluntary
442	Prekindergarten Education Program by the private prekindergarten
443	provider or public school.
444	2.  Verification that the private prekindergarten provider
445	or public school serves at least twice the statewide percentage
446	of children with disabilities as defined in s. 1003.01(3)(a) or
447	children identified as limited English proficient as defined in
448	s. 1003.56.
449	2.3.  Verification that local and state health and safety
450	requirements are met.
451	Section 9.  Subsection (2) of section 1002.73, Florida
452	Statutes, is amended to read:
453	1002.73  Department of Education; powers and duties;
454	accountability requirements.-
455	(2)  The department shall adopt procedures for its:
456	(a)  Approval of prekindergarten director credentials under
457	ss. 1002.55 and 1002.57.
458	(b)  Approval of emergent literacy training courses under
459	ss. 1002.55 and 1002.59.
460	(c)  Administration of the statewide kindergarten screening
461	and calculation of kindergarten readiness rates under s.
462	1002.69.
463	(d)  Adoption of the statewide voluntary prekindergarten
464	enrollment screening, associated fee schedule, and the process
465	for determining learning gains of students who complete the
466	statewide voluntary prekindergarten enrollment screening and the
467	statewide kindergarten screening.
468	(e)(d)  Approval of specialized instructional services
469	providers under s. 1002.66.
470	(f)(e)  Granting of a private prekindergarten provider's or
471	public school's request for a good cause exemption under s.
472	1002.69(7).
473	Section 10.  Paragraph (c) of subsection (4) of section
474	1003.03, Florida Statutes, is amended to read:
475	1003.03  Maximum class size.-
476	(4)  ACCOUNTABILITY.-
477	(c)  In lieu of the reduction calculation in paragraph (a),
478	if a district school board produces the Commissioner of
479	Education has evidence that it a district was unable to meet the
480	class size requirements despite appropriate efforts to do so or
481	because of an extreme emergency, the reduction of an alternate
482	amount of funds from the district's class size categorical
483	allocation may be recommended by the State Board of Education
484	commissioner may recommend by February 15, for approval by
485	subject to approval of the Legislative Budget Commission, the
486	reduction of an alternate amount of funds from the district's
487	class size categorical allocation.
488	Section 11.  Subsection (1) of section 1003.4156, Florida
489	Statutes, is amended to read:
490	1003.4156  General requirements for middle grades
491	promotion.-
492	(1)  Beginning with students entering grade 6 in the 2006-
493	2007 school year, promotion from a school composed of middle
494	grades 6, 7, and 8 requires that:
495	(a)  The student must successfully complete academic
496	courses as follows:
497	1.  Three middle school or higher courses in English. These
498	courses shall emphasize literature, composition, and technical
499	text.
500	2.  Three middle school or higher courses in mathematics.
501	Each middle school must offer at least one high school level
502	mathematics course for which students may earn high school
503	credit. Successful completion of a high school level Algebra I
504	or geometry course is not contingent upon the student's
505	performance on the end-of-course assessment required under s.
506	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
507	school year, to earn high school credit for an Algebra I course,
508	a middle school student must pass the Algebra I end-of-course
509	assessment, and beginning with the 2012-2013 school year, to
510	earn high school credit for a geometry course, a middle school
511	student must pass the geometry end-of-course assessment.
512	3.  Three middle school or higher courses in social
513	studies, one semester of which must include the study of state
514	and federal government and civics education. Beginning with
515	students entering grade 6 in the 2012-2013 school year, one of
516	these courses must be at least a one-semester civics education
517	course that a student successfully completes in accordance with
518	s. 1008.22(3)(c) and that includes the roles and
519	responsibilities of federal, state, and local governments; the
520	structures and functions of the legislative, executive, and
521	judicial branches of government; and the meaning and
522	significance of historic documents, such as the Articles of
523	Confederation, the Declaration of Independence, and the
524	Constitution of the United States.
525	4.  Three middle school or higher courses in science.
526	Successful completion of a high school level Biology I course is
527	not contingent upon the student's performance on the end-of-
528	course assessment required under s. 1008.22(3)(c)2.a.(II).
529	However, beginning with the 2012-2013 school year, to earn high
530	school credit for a Biology I course, a middle school student
531	must pass the Biology I end-of-course assessment.
532	5.  One course in career and education planning to be
533	completed in 7th or 8th grade. The course may be taught by any
534	member of the instructional staff; must include career
535	exploration using Florida CHOICES or a comparable cost-effective
536	program; must include educational planning using the online
537	student advising system known as Florida Academic Counseling and
538	Tracking for Students at the Internet website FACTS.org; and
539	shall result in the completion of a personalized academic and
540	career plan. The required personalized academic and career plan
541	must inform students of high school graduation requirements,
542	high school assessment and college entrance test requirements,
543	Florida Bright Futures Scholarship Program requirements, state
544	university and Florida college admission requirements, and
545	programs through which a high school student can earn college
546	credit, including Advanced Placement, International
547	Baccalaureate, Advanced International Certificate of Education,
548	dual enrollment, career academy opportunities, and courses that
549	lead to national industry certification.
550
551	A student with a disability, as defined in s. 1007.02(2), for
552	whom the individual education plan committee determines that the
553	end-of-course assessment cannot accurately measure the student's
554	abilities, taking into consideration all allowable
555	accommodations, shall have the end-of-course assessment results
556	waived for purposes of determining the student's course grade
557	and completing the requirements for middle grades promotion.
558	Each school must hold a parent meeting either in the evening or
559	on a weekend to inform parents about the course curriculum and
560	activities. Each student shall complete an electronic personal
561	education plan that must be signed by the student; the student's
562	instructor, guidance counselor, or academic advisor; and the
563	student's parent. The Department of Education shall develop
564	course frameworks and professional development materials for the
565	career exploration and education planning course. The course may
566	be implemented as a stand-alone course or integrated into
567	another course or courses. The Commissioner of Education shall
568	collect longitudinal high school course enrollment data by
569	student ethnicity in order to analyze course-taking patterns.
570	(b)  For each year in which a student scores at Level l on
571	FCAT Reading, the student must be enrolled in and complete an
572	intensive reading course the following year. Placement of Level
573	2 readers in either an intensive reading course or a content
574	area course in which reading strategies are delivered shall be
575	determined by diagnosis of reading needs. The department shall
576	provide guidance on appropriate strategies for diagnosing and
577	meeting the varying instructional needs of students reading
578	below grade level. Reading courses shall be designed and offered
579	pursuant to the comprehensive reading plan required by s.
580	1011.62(9). A middle grades student who scores at Level 1 or
581	Level 2 on FCAT Reading, but who did not score below Level 3 the
582	year before may be granted an exemption from the reading
583	remediation requirements. A student may be granted a 1-year
584	exemption from intensive reading; however, the student must have
585	an approved academic improvement plan already in place and
586	signed by the school and a parent or guardian for the year that
587	the exemption is granted.
588	(c)  For each year in which a student scores at Level 1 or
589	Level 2 on FCAT Mathematics, the student must receive
590	remediation the following year, which may be integrated into the
591	student's required mathematics course.
592	Section 12.  Section 1003.4203, Florida Statutes, is
593	created to read:
594	1003.4203  Digital curriculum.-
595	(1)  Each district school board, in consultation with the
596	district school superintendent, shall develop and implement a
597	digital curriculum for students in grades 5 through 12 to enable
598	students to attain competencies in web communications and web
599	design. For purposes of this section, a digital curriculum
600	includes, but is not limited to, instruction in:
601	(a)  Web-based skills, web-based core technologies, and web
602	design.
603	(b)  Hypertext markup language, ColdFusion, and JavaScript
604	as core elements in web design.
605	(2)(a)  The digital curriculum shall be required
606	instruction for each student in grades 5 through 12 but may not
607	be a requirement for high school graduation. Instruction may be
608	integrated into middle school and high school subject area
609	curricula or offered as a separate course subject to available
610	funding.
611	(b)  A student is exempt from participation in the digital
612	curriculum required under this section if the student's parent
613	submits to the district school board and the school principal a
614	written request for the exemption.
615	(3)  Each district school board shall establish:
616	(a)  Digital curriculum standards and measures to assess
617	student content knowledge and skills and learning gains.
618	(b)  Innovative approaches to help students achieve
619	competency and master design.
620	(4)  The Department of Education may develop a model
621	digital curriculum to serve as a guide for district school
622	boards in the development of a digital curriculum.
623	(5)(a)  School improvement funds allocated to a school
624	district and other funds available to the district shall be used
625	to fund the digital curriculum.
626	(b)  Capital improvement funds allocated to a school
627	district may be used to purchase equipment or software and to
628	hire technical consultants to meet the requirements of this
629	section.
630	(c)  A school district that demonstrates high achievement
631	in student competency in web communications and web design based
632	on assessment of student content knowledge and skills and
633	learning gains is eligible for financial incentives as
634	determined by the Legislature.
635	(6)  The Department of Education shall establish an annual
636	statewide competition between school districts to recognize
637	innovative web designs and innovative use of web-based
638	technologies to improve communication and commerce. The
639	Commissioner of Education shall develop a procedure for
640	statewide recognition of school district winners and individual
641	students who have demonstrated high achievement in web-based
642	knowledge and skills.
643	(7)  A district school board may seek partnerships with
644	private businesses and consultants to offer classes and
645	instruction to teachers and students to assist the school
646	district in meeting the requirements of this section.
647	(8)  Each district school board shall establish a digital
648	curriculum advisory committee that includes professionals from
649	the community who are knowledgeable in web design and related
650	technologies, school principals, teachers, students, and
651	parents. The advisory committee shall evaluate ongoing school
652	district efforts to comply with this section and make
653	recommendations to the district school superintendent and
654	district school board.
655	Section 13.  Subsection (2) of section 1003.428, Florida
656	Statutes, is amended to read:
657	1003.428  General requirements for high school graduation;
658	revised.-
659	(2)  The 24 credits may be earned through applied,
660	integrated, and combined courses approved by the Department of
661	Education. The 24 credits shall be distributed as follows:
662	(a)  Sixteen core curriculum credits:
663	1.  Four credits in English, with major concentration in
664	composition, reading for information, and literature.
665	2.  Four credits in mathematics, one of which must be
666	Algebra I, a series of courses equivalent to Algebra I, or a
667	higher-level mathematics course. Beginning with students
668	entering grade 9 in the 2010-2011 school year, in addition to
669	the Algebra I credit requirement, one of the four credits in
670	mathematics must be geometry or a series of courses equivalent
671	to geometry as approved by the State Board of Education.
672	Beginning with students entering grade 9 in the 2010-2011 school
673	year, the end-of-course assessment requirements under s.
674	1008.22(3)(c)2.a.(I) must be met in order for a student to earn
675	the required credit in Algebra I. Beginning with students
676	entering grade 9 in the 2011-2012 school year, the end-of-course
677	assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
678	met in order for a student to earn the required credit in
679	geometry. Beginning with students entering grade 9 in the 2012-
680	2013 school year, in addition to the Algebra I and geometry
681	credit requirements, one of the four credits in mathematics must
682	be Algebra II or a series of courses equivalent to Algebra II as
683	approved by the State Board of Education.
684	3.  Three credits in science, two of which must have a
685	laboratory component. Beginning with students entering grade 9
686	in the 2011-2012 school year, one of the three credits in
687	science must be Biology I or a series of courses equivalent to
688	Biology I as approved by the State Board of Education. Beginning
689	with students entering grade 9 in the 2011-2012 school year, the
690	end-of-course assessment requirements under s.
691	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
692	the required credit in Biology I. Beginning with students
693	entering grade 9 in the 2013-2014 school year, one of the three
694	credits must be Biology I or a series of courses equivalent to
695	Biology I as approved by the State Board of Education, one
696	credit must be chemistry or physics or a series of courses
697	equivalent to chemistry or physics as approved by the State
698	Board of Education, and one credit must be an equally rigorous
699	course, as determined by the State Board of Education.
700	4.  Three credits in social studies as follows: one credit
701	in United States history; one credit in world history; one-half
702	credit in economics; and one-half credit in United States
703	government.
704	5.  One credit in fine or performing arts, speech and
705	debate, or a practical arts course that incorporates artistic
706	content and techniques of creativity, interpretation, and
707	imagination. Eligible practical arts courses shall be identified
708	through the Course Code Directory.
709	6.  One credit in physical education to include integration
710	of health. Participation in an interscholastic sport at the
711	junior varsity or varsity level for two full seasons shall
712	satisfy the one-credit requirement in physical education if the
713	student passes a competency test on personal fitness with a
714	score of "C" or better. The competency test on personal fitness
715	must be developed by the Department of Education. A district
716	school board may not require that the one credit in physical
717	education be taken during the 9th grade year. Completion of one
718	semester with a grade of "C" or better in a marching band class,
719	in a physical activity class that requires participation in
720	marching band activities as an extracurricular activity, or in a
721	dance class shall satisfy one-half credit in physical education
722	or one-half credit in performing arts. This credit may not be
723	used to satisfy the personal fitness requirement or the
724	requirement for adaptive physical education under an individual
725	education plan (IEP) or 504 plan. Completion of 2 years in a
726	Reserve Officer Training Corps (R.O.T.C.) class, a significant
727	component of which is drills, shall satisfy the one-credit
728	requirement in physical education and the one-credit requirement
729	in performing arts. This credit may not be used to satisfy the
730	personal fitness requirement or the requirement for adaptive
731	physical education under an individual education plan (IEP) or
732	504 plan.
733	(b)  Eight credits in electives.
734	1.  For each year in which a student scores at Level 1 on
735	FCAT Reading, the student must be enrolled in and complete an
736	intensive reading course the following year. Placement of Level
737	2 readers in either an intensive reading course or a content
738	area course in which reading strategies are delivered shall be
739	determined by diagnosis of reading needs. The department shall
740	provide guidance on appropriate strategies for diagnosing and
741	meeting the varying instructional needs of students reading
742	below grade level. Reading courses shall be designed and offered
743	pursuant to the comprehensive reading plan required by s.
744	1011.62(9).
745	2.  For each year in which a student scores at Level 1 or
746	Level 2 on FCAT Mathematics, the student must receive
747	remediation the following year. These courses may be taught
748	through applied, integrated, or combined courses and are subject
749	to approval by the department for inclusion in the Course Code
750	Directory.
751
752	A high school student who scores at Level 1 or Level 2 on FCAT
753	Reading but who did not score below Level 3 the year before may
754	be granted an exemption from intensive reading. A student may be
755	granted a 1-year exemption from intensive reading; however, the
756	student must have an approved academic improvement plan already
757	in place and signed by the school and a parent or guardian for
758	the year the exemption is granted.
759	Section 14.  Subsection (1) of section 1003.492, Florida
760	Statutes, is amended to read:
761	1003.492  Industry-certified career education programs.-
762	(2)  The State Board of Education shall use the expertise
763	of Workforce Florida, Inc., and Enterprise Florida, Inc., to
764	develop and adopt rules pursuant to ss. 120.536(1) and 120.54
765	for implementing an industry certification process. The rules
766	must establish a process for weighing the value of industry
767	certifications based on the rigor of the certification and its
768	employment value to state businesses and industry. Industry
769	certification shall be defined by the Agency for Workforce
770	Innovation, based upon the highest available national standards
771	for specific industry certification, to ensure student skill
772	proficiency and to address emerging labor market and industry
773	trends. A regional workforce board or a career and professional
774	academy may apply to Workforce Florida, Inc., to request
775	additions to the approved list of industry certifications based
776	on high-demand job requirements in the regional economy. The
777	list of industry certifications approved by Workforce Florida,
778	Inc., and the Department of Education shall be published and
779	updated annually by a date certain, to be included in the
780	adopted rule.
781	Section 15.  Section 1003.493, Florida Statutes, is amended
782	to read:
783	1003.493  Career and professional academies.-
784	(1)  A "career and professional academy" is a research-
785	based program that integrates a rigorous academic curriculum
786	with an industry-specific curriculum aligned directly to
787	priority workforce needs established by the regional workforce
788	board. Career and professional academies shall be offered by
789	public schools and school districts. The Florida Virtual School
790	is encouraged to develop and offer rigorous career and
791	professional courses as appropriate. Students completing high
792	school career and professional academy programs must receive a
793	standard high school diploma, the highest available industry
794	certification, and opportunities to earn postsecondary credit if
795	the academy partners with a postsecondary institution approved
796	to operate in the state. Students completing a middle school
797	career and professional academy program must have the
798	opportunity to earn an industry certification, earn high school
799	credit, and participate in career planning, job shadowing, and
800	leadership-development opportunities.
801	(2)  The goals of a career and professional academy are to:
802	(a)  Increase student academic achievement and graduation
803	rates through integrated academic and career curricula.
804	(b)  Prepare graduating high school students to make
805	appropriate choices relative to employment and future
806	educational experiences.
807	(c)  Focus on career preparation through rigorous academics
808	and industry certification.
809	(d)  Raise student aspiration and commitment to academic
810	achievement and work ethics through relevant coursework.
811	(e)  Support graduation requirements pursuant to s.
812	1003.428 by providing creative, applied major areas of interest.
813	(f)  Promote acceleration mechanisms, such as dual
814	enrollment, articulated credit, or occupational completion
815	points, so that students may earn postsecondary credit while in
816	high school.
817	(g)  Support the state's economy by meeting industry needs
818	for skilled employees in high-demand occupations.
819	(3)  Existing career education courses may serve as a
820	foundation for the creation of a career and professional
821	academy. A career and professional academy may be offered as one
822	of the following small learning communities:
823	(a)  A school-within-a-school career academy, as part of an
824	existing middle school or high school, that provides courses in
825	one occupational cluster. Students in the middle school or high
826	school are not required to be students in the academy.
827	(b)  A total school configuration providing multiple
828	academies, each structured around an occupational cluster. Every
829	student in the school is in an academy.
830	(4)  Each middle school or high school career and
831	professional academy must:
832	(a)  provide a rigorous standards-based academic curriculum
833	integrated with a career curriculum. The curriculum must take
834	into consideration multiple styles of student learning; promote
835	learning by doing through application and adaptation; maximize
836	relevance of the subject matter; enhance each student's capacity
837	to excel; and include an emphasis on work habits and work
838	ethics.
839	(5)(b)  Each middle school or high school career and
840	professional academy must include one or more partnerships with
841	postsecondary institutions, businesses, industry, employers,
842	economic development organizations, or other appropriate
843	partners from the local community. Such partnerships shall be
844	delineated in articulation agreements to provide for career-
845	based courses that earn postsecondary credit. Such agreements
846	may include articulation between the academy and public or
847	private 2-year and 4-year postsecondary institutions and
848	technical centers. The Department of Education, in consultation
849	with the Board of Governors, shall establish a mechanism to
850	ensure articulation and transfer of credits to postsecondary
851	institutions in this state. Such partnerships must provide
852	opportunities for:
853	(a)1.  Instruction from highly skilled professionals who
854	possess industry-certification credentials for courses they are
855	teaching.
856	(b)2.  Internships, externships, and on-the-job training.
857	(c)3.  A postsecondary degree, diploma, or certificate.
858	(d)4.  The highest available level of industry
859	certification.
860	(e)5.  Maximum articulation of credits pursuant to s.
861	1007.23 upon program completion.
862	(6)(c)  Each middle school or high school career and
863	professional academy must:
864	(a)  Provide shared, maximum use of private sector
865	facilities and personnel.
866	(b)(d)  Provide personalized student advisement, including
867	a parent-participation component, and coordination with middle
868	schools to promote and support career exploration and education
869	planning as required under s. 1003.4156. Coordination with
870	middle schools must provide information to middle school
871	students about secondary and postsecondary career education
872	programs and academies.
873	(c)(e)  Promote and provide opportunities for career and
874	professional academy students to attain, at minimum, the Florida
875	Gold Seal Vocational Scholars award pursuant to s. 1009.536.
876	(d)(f)  Provide instruction in careers designated as high
877	growth, high demand, and high pay by the local workforce
878	development board, the chamber of commerce, or the Agency for
879	Workforce Innovation.
880	(e)(g)  Deliver academic content through instruction
881	relevant to the career, including intensive reading and
882	mathematics intervention required by s. 1003.428, with an
883	emphasis on strengthening reading for information skills.
884	(f)(h)  Offer applied courses that combine academic content
885	with technical skills.
886	(g)(i)  Provide instruction resulting in competency,
887	certification, or credentials in workplace skills, including,
888	but not limited to, communication skills, interpersonal skills,
889	decisionmaking skills, the importance of attendance and
890	timeliness in the work environment, and work ethics.
891	(h)(j)  Provide opportunities for students to obtain the
892	Florida Ready to Work Certification pursuant to s. 1004.99, if
893	available.
894	(i)(k)  Include an evaluation plan developed jointly with
895	the Department of Education and the local workforce board. The
896	evaluation plan must include an assessment tool based on
897	national industry standards, such as the Career Academy National
898	Standards of Practice, and outcome measures, including, but not
899	limited to, achievement of national industry certifications
900	identified in the Industry Certification Funding List, pursuant
901	to rules adopted by the State Board of Education, graduation
902	rates, enrollment in postsecondary education, business and
903	industry satisfaction, employment and earnings, awards of
904	postsecondary credit and scholarships, and student achievement
905	levels and learning gains on statewide assessments administered
906	under s. 1008.22(3)(c). The Department of Education shall use
907	Workforce Florida, Inc., and Enterprise Florida, Inc., in
908	identifying industry experts to participate in developing and
909	implementing such assessments.
910	(j)(l)  Include a plan to sustain career and professional
911	academies.
912	(k)(m)  Redirect appropriated career funding to career and
913	professional academies.
914	(7)(5)  All high school career courses offered in a career
915	and professional academy must lead to industry certification or
916	college credit linked directly to the career theme of the
917	course. Fifty At least 50 percent of students enrolled in a
918	career course must achieve industry certifications or college
919	credits during the second year the course is offered in order
920	for the course to be offered a third year. At least 66 percent
921	of students enrolled in such a course must achieve industry
922	certifications or college credits during the third year the
923	course is offered in order for it to be offered a fourth year
924	and thereafter.
925	(8)  Each middle school career and professional academy
926	must be aligned with high school career and professional
927	academies offered in the school district and include one or more
928	partnerships with high schools, businesses, industry, employers,
929	economic development organizations, or other appropriate
930	partners from the local community. Such partnerships must
931	provide opportunities for:
932	(a)  Instruction from highly skilled professionals who
933	possess industry-certification credentials for courses they are
934	teaching.
935	(b)  Internships and externships
936	(c)  Maximum articulation of high school dual enrollment
937	credits upon program completion.
938	(d)  Personalized student advisement, including a parent-
939	participation component, and coordination with high schools to
940	promote accelerated course credit
941	(e)  Instruction in careers designated as high growth, high
942	demand, and high pay by the local workforce development board,
943	the chamber of commerce, or the Agency for Workforce Innovation.
944	(f)  The delivery of academic content through instruction
945	that is relevant to a career, including intensive reading and
946	mathematics intervention required by s. 1003.428, along with an
947	emphasis on strengthening reading for information skills.
948	(g)  Applied courses that combine academic content with
949	technical skills.
950	(h)  Instruction resulting in competency, including, but
951	not limited to, communication skills, interpersonal skills,
952	decisionmaking skills, the importance of attendance and
953	timeliness in the work environment, and work ethics.
954	(i)  An evaluation plan developed jointly with the
955	Department of Education and the local workforce board. The
956	Department of Education shall use Workforce Florida, Inc., and
957	Enterprise Florida, Inc., in identifying industry experts to
958	participate in developing and implementing such assessments.
959	(9)(6)  The Okaloosa County School District CHOICE
960	Institutes shall serve in an advisory role and shall offer
961	technical assistance in the development of newly established
962	career and professional academies for a 3-year period beginning
963	July 1, 2007.
964	Section 16.  Section 1003.575, Florida Statutes, is amended
965	to read:
966	1003.575  Assistive technology devices; findings;
967	interagency agreements.-Accessibility, utilization, and
968	coordination of appropriate assistive technology devices and
969	services are essential as a young person with disabilities moves
970	from early intervention to preschool, from preschool to school,
971	from one school to another, and from school to employment or
972	independent living. Within 60 to 90 days after receiving a
973	request for an assistive technology assessment, any school that
974	has an individualized education plan team shall arrange to
975	complete the assessment. To ensure that an assistive technology
976	device issued to a young person as part of his or her
977	individualized family support plan, individual support plan, or
978	an individual education plan remains with the individual through
979	such transitions, the following agencies shall enter into
980	interagency agreements, as appropriate, to ensure the
981	transaction of assistive technology devices:
982	(1)  The Florida Infants and Toddlers Early Intervention
983	Program in the Division of Children's Medical Services of the
984	Department of Health.
985	(2)  The Division of Blind Services, the Bureau of
986	Exceptional Education and Student Services, and the Division of
987	Vocational Rehabilitation of the Department of Education.
988	(3)  The Voluntary Prekindergarten Education Program
989	administered by the Department of Education and the Agency for
990	Workforce Innovation.
991
992	Interagency agreements entered into pursuant to this section
993	shall provide a framework for ensuring that young persons with
994	disabilities and their families, educators, and employers are
995	informed about the utilization and coordination of assistive
996	technology devices and services that may assist in meeting
997	transition needs, and shall establish a mechanism by which a
998	young person or his or her parent may request that an assistive
999	technology device remain with the young person as he or she
1000	moves through the continuum from home to school to postschool.
1001	Section 17.  Subsection (2) of section 1003.621, Florida
1002	Statutes, is amended to read:
1003	1003.621  Academically high-performing school districts.-It
1004	is the intent of the Legislature to recognize and reward school
1005	districts that demonstrate the ability to consistently maintain
1006	or improve their high-performing status. The purpose of this
1007	section is to provide high-performing school districts with
1008	flexibility in meeting the specific requirements in statute and
1009	rules of the State Board of Education.
1010	(2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
1011	high-performing school district shall comply with all of the
1012	provisions in chapters 1000-1013, and rules of the State Board
1013	of Education which implement these provisions, pertaining to the
1014	following:
1015	(a)  Those statutes pertaining to the provision of services
1016	to students with disabilities.
1017	(b)  Those statutes pertaining to civil rights, including
1018	s. 1000.05, relating to discrimination.
1019	(c)  Those statutes pertaining to student health, safety,
1020	and welfare.
1021	(d)  Those statutes governing the election or compensation
1022	of district school board members.
1023	(e)  Those statutes pertaining to the student assessment
1024	program and the school grading system, including chapter 1008.
1025	(f)  Those statutes pertaining to financial matters,
1026	including chapter 1010, except that s. 1010.20(3)(a)1., 2., and
1027	3., relating to the required program expenditure levels, are
1028	eligible for exemption.
1029	(g)  Those statutes pertaining to planning and budgeting,
1030	including chapter 1011, except s. 1011.62(9)(d), relating to the
1031	requirement for a comprehensive reading plan. A district that is
1032	exempt from submitting this plan shall be deemed approved to
1033	receive the research-based reading instruction allocation.
1034	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
1035	differentiated pay and performance-pay policies for school
1036	administrators and instructional personnel. Professional service
1037	contracts are subject to the provisions of ss. 1012.33 and
1038	1012.34.
1039	(i)  Those statutes pertaining to educational facilities,
1040	including chapter 1013, except that s. 1013.20, relating to
1041	covered walkways for portables, and s. 1013.21, relating to the
1042	use of relocatable facilities that exceed 20 years of age, are
1043	eligible for exemption.
1044	(j)  Those statutes relating to instructional materials,
1045	except that s. 1006.37, relating to the requisition of state-
1046	adopted materials from the depository under contract with the
1047	publisher, and s. 1006.40(3)(a), relating to the use of 50
1048	percent of the instructional materials allocation, shall be
1049	eligible for exemption.
1050	(k)  This section.
1051	Section 18.  Subsection (1), paragraph (a) of subsection
1052	(2), and paragraphs (b) and (e) of subsection (3) of section
1053	1006.28, Florida Statutes, are amended to read:
1054	1006.28  Duties of district school board, district school
1055	superintendent; and school principal regarding K-12
1056	instructional materials.-
1057	(1)  DISTRICT SCHOOL BOARD.-The district school board has
1058	the duty to provide adequate instructional materials for all
1059	students in accordance with the requirements of this part. The
1060	term "adequate instructional materials" means a sufficient
1061	number of student or site licenses textbooks or sets of
1062	materials that are available in bound, unbound, kit, or package
1063	form and may consist of hard-backed or soft-backed textbooks,
1064	electronic content, consumables, learning laboratories,
1065	manipulatives, electronic media, and computer courseware or
1066	software that serve as the basis for instruction for each
1067	student in the core courses of mathematics, language arts,
1068	social studies, science, reading, and literature, except for
1069	instruction for which the school advisory council approves the
1070	use of a program that does not include a textbook as a major
1071	tool of instruction. The district school board has the following
1072	specific duties:
1073	(a)  Courses of study; adoption.-Adopt courses of study for
1074	use in the schools of the district.
1075	(b)  Instructional materials Textbooks.-Provide for proper
1076	requisitioning, distribution, accounting, storage, care, and use
1077	of all instructional materials furnished by the state and
1078	furnish such other instructional materials as may be needed. The
1079	district school board shall assure that instructional materials
1080	used in the district are consistent with the district goals and
1081	objectives and the curriculum frameworks adopted by rule of the
1082	State Board of Education, as well as with the state and district
1083	performance standards provided for in s. 1001.03(1).
1084	(c)  Other instructional materials.-Provide such other
1085	teaching accessories and aids as are needed for the school
1086	district's educational program.
1087	(d)  School library media services; establishment and
1088	maintenance.-Establish and maintain a program of school library
1089	media services for all public schools in the district, including
1090	school library media centers, or school library media centers
1091	open to the public, and, in addition such traveling or
1092	circulating libraries as may be needed for the proper operation
1093	of the district school system.
1094	(2)  DISTRICT SCHOOL SUPERINTENDENT.-
1095	(a)  The district school superintendent has the duty to
1096	recommend such plans for improving, providing, distributing,
1097	accounting for, and caring for instructional materials textbooks
1098	and other instructional aids as will result in general
1099	improvement of the district school system, as prescribed in this
1100	part, in accordance with adopted district school board rules
1101	prescribing the duties and responsibilities of the district
1102	school superintendent regarding the requisition, purchase,
1103	receipt, storage, distribution, use, conservation, records, and
1104	reports of, and management practices and property accountability
1105	concerning, instructional materials, and providing for an
1106	evaluation of any instructional materials to be requisitioned
1107	that have not been used previously in the district's schools.
1108	The district school superintendent must keep adequate records
1109	and accounts for all financial transactions for funds collected
1110	pursuant to subsection (3), as a component of the educational
1111	service delivery scope in a school district best financial
1112	management practices review under s. 1008.35.
1113	(3)  SCHOOL PRINCIPAL.-The school principal has the
1114	following duties for the management and care of instructional
1115	materials at the school:
1116	(b)  Money collected for lost or damaged instructional
1117	materials books; enforcement.-The school principal shall collect
1118	from each student or the student's parent the purchase price of
1119	any instructional material the student has lost, destroyed, or
1120	unnecessarily damaged and to report and transmit the money
1121	collected to the district school superintendent. The failure to
1122	collect such sum upon reasonable effort by the school principal
1123	may result in the suspension of the student from participation
1124	in extracurricular activities or satisfaction of the debt by the
1125	student through community service activities at the school site
1126	as determined by the school principal, pursuant to policies
1127	adopted by district school board rule.
1128	(e)  Accounting for instructional materials textbooks.-
1129	Principals shall see that all instructional materials books are
1130	fully and properly accounted for as prescribed by adopted rules
1131	of the district school board.
1132	Section 19.  Section 1006.29, Florida Statutes, is amended
1133	to read:
1134	1006.29  State instructional materials reviewers
1135	committees.-
1136	(1)  Each school year, not later than April 15, the
1137	commissioner shall appoint state instructional materials
1138	committees composed of persons actively engaged in teaching or
1139	in the supervision of teaching in the public elementary, middle,
1140	or high schools and representing the major fields and levels in
1141	which instructional materials are used in the public schools
1142	and, in addition, lay citizens not professionally connected with
1143	education. Committee members shall receive training pursuant to
1144	subsection (5) in competencies related to the evaluation and
1145	selection of instructional materials.
1146	(a)  There shall be 10 or more members on each committee:
1147	At least 50 percent of the members shall be classroom teachers
1148	who are certified in an area directly related to the academic
1149	area or level being considered for adoption, 2 shall be
1150	laypersons, 1 shall be a district school board member, and 2
1151	shall be supervisors of teachers. The committee must have the
1152	capacity or expertise to address the broad racial, ethnic,
1153	socioeconomic, and cultural diversity of the state's student
1154	population. Personnel selected as teachers of the year at the
1155	school, district, regional, or state level are encouraged to
1156	serve on instructional materials committees.
1157	(b)  The membership of each committee must reflect the
1158	broad racial, ethnic, socioeconomic, and cultural diversity of
1159	the state, including a balanced representation from the state's
1160	geographic regions.
1161	(a)(c)  The commissioner shall determine annually the areas
1162	in which instructional materials shall be submitted for
1163	adoption, taking into consideration the desires of the district
1164	school boards. The commissioner shall also determine the number
1165	of titles to be adopted in each area.
1166	(b)  By April 15 of each school year, the commissioner
1167	shall appoint three state or national experts in the content
1168	areas to review instructional materials and evaluate the content
1169	for alignment with the applicable Sunshine State Standards or
1170	Next Generation Sunshine State Standards. The expert reviewers
1171	shall review the materials selected for adoption for the level
1172	of instructional support and the accuracy and appropriateness of
1173	progression of introduced content. Instructional materials shall
1174	be made available to reviewers in electronic form. The initial
1175	review of the materials shall be made by only two of the three
1176	expert reviewers. If the two reviewers reach opposing results,
1177	the third reviewer shall break the tie. Expert reviewers shall
1178	independently make recommendations to the commissioner and shall
1179	use an electronic feedback review system for making
1180	recommendations regarding materials that should be placed on
1181	Florida's list of adopted materials. The expert reviewers may
1182	receive a fee for their services.
1183	(c)  The commissioner shall request each school district
1184	superintendent to nominate one classroom teacher or district-
1185	level content supervisor to review two or three of the
1186	submissions recommended by the university expert reviewers.
1187	School districts shall ensure that these nominees are provided
1188	with the support and time necessary to accomplish a thorough
1189	review at no cost to the state. District reviewers shall
1190	independently rate the recommended submissions on the
1191	instructional usability of the resources.
1192	(2)(a)  All appointments shall be as prescribed in this
1193	section. No member shall serve more than two consecutive terms
1194	on any committee. All appointments shall be for 18-month terms.
1195	All vacancies shall be filled in the manner of the original
1196	appointment for only the time remaining in the unexpired term.
1197	At no time may a district school board have more than one
1198	representative on a committee. The commissioner and a member of
1199	the department whom he or she shall designate shall be
1200	additional and ex officio members of each committee.
1201	(b)  The names and mailing addresses of the members of the
1202	state instructional materials committees shall be made public
1203	when appointments are made.
1204	(c)  The district school board shall be reimbursed for the
1205	actual cost of substitute teachers for each workday that a
1206	member of its instructional staff is absent from his or her
1207	assigned duties for the purpose of rendering service to the
1208	state instructional materials committee. In addition, committee
1209	members shall be reimbursed for travel expenses and per diem in
1210	accordance with s. 112.061 for actual service in meetings of
1211	committees called by the commissioner. Payment of such travel
1212	expenses shall be made from the appropriation for the
1213	administration of the instructional materials program, on
1214	warrants to be drawn by the Chief Financial Officer upon
1215	requisition approved by the commissioner.
1216	(d)  Any member of a committee may be removed by the
1217	commissioner for cause.
1218	(3)  All references in the law to the state instructional
1219	materials committee shall apply to each committee created by
1220	this section.
1221	(2)(4)  For purposes of state adoption, "instructional
1222	materials" means items having intellectual content that by
1223	design serve as a major tool for assisting in the instruction of
1224	a subject or course. These items may be available in bound,
1225	unbound, kit, or package form and may consist of hardbacked or
1226	softbacked textbooks, electronic content, consumables, learning
1227	laboratories, manipulatives, electronic media, and computer
1228	courseware or software. A publisher or manufacturer providing
1229	instructional materials as a single bundle shall also make the
1230	instructional materials available as separate and unbundled
1231	items, each priced individually. Any instructional materials
1232	adopted in after 2012-2013 for students in grades 9 through 12
1233	shall also be provided only in an electronic format. Beginning
1234	with the 2013-2014 school year, any instructional materials
1235	adopted for grades 5 through 12 shall be provided only in an
1236	electronic format. Beginning with the 2014-2015 school year, any
1237	instructional materials adopted for grades kindergarten through
1238	12 shall be provided only in an electronic format. The term does
1239	not include electronic or computer hardware even if such
1240	hardware is bundled with software or other electronic media, nor
1241	does it include equipment or supplies.
1242	(3)(5)  The department shall develop a training program for
1243	persons selected as expert and school district reviewers, which
1244	shall include instruction on reviewing standards-based content
1245	and reviewing digital materials using an electronic feedback
1246	review system to serve on state instructional materials
1247	committees. The program shall be structured to assist reviewers
1248	committee members in developing the skills necessary to make
1249	valid, culturally sensitive, and objective decisions regarding
1250	the content and rigor of instructional materials. All persons
1251	serving as on instructional materials reviewers committees must
1252	complete the training program prior to beginning the review and
1253	selection process.
1254	Section 20.  Section 1006.30, Florida Statutes, is amended
1255	to read:
1256	1006.30  Affidavit of state instructional materials
1257	reviewers committee members.-Before transacting any business,
1258	each reviewer member of a state committee shall make an
1259	affidavit, to be filed with the department commissioner, that:
1260	(1)  The reviewer member will faithfully discharge the
1261	duties imposed upon him or her as a member of the committee.
1262	(2)  The reviewer member has no interest, and while a
1263	member of the committee he or she will assume no interest, in
1264	any publishing or manufacturing organization that which produces
1265	or sells instructional materials.
1266	(3)  The reviewer member is in no way connected, and while
1267	a member of the committee he or she will assume no connection,
1268	with the distribution of the instructional materials.
1269	(4)  The reviewer does not have any direct or indirect
1270	pecuniary interest member is not pecuniarily interested, and
1271	while a member of the committee he or she will assume no
1272	pecuniary interest, directly or indirectly, in the business or
1273	profits of any person engaged in manufacturing, publishing, or
1274	selling instructional materials designed for use in the public
1275	schools.
1276	(5)  The reviewer member will not accept any emolument or
1277	promise of future reward of any kind from any publisher or
1278	manufacturer of instructional materials or his or her agent or
1279	anyone interested in, or intending to bias his or her judgment
1280	in any way in, the selection of any materials to be adopted.
1281	(6)  The reviewer understands that it is unlawful for any
1282	member of a state instructional materials committee to discuss
1283	matters relating to instructional materials submitted for
1284	adoption with any agent of a publisher or manufacturer of
1285	instructional materials, either directly or indirectly, except
1286	during the period when the publisher or manufacturer is
1287	providing a presentation for the reviewer during his or her
1288	review of committee has been called into session for the purpose
1289	of evaluating instructional materials submitted for adoption.
1290	Such discussions shall be limited to official meetings of the
1291	committee and in accordance with procedures prescribed by the
1292	commissioner for that purpose.
1293	Section 21.  Section 1006.31, Florida Statutes, is amended
1294	to read:
1295	1006.31  Duties of each state instructional materials
1296	reviewers committee.-The duties of each state instructional
1297	materials reviewer committee are:
1298	(1)  PLACE AND TIME OF MEETING.-To meet at the call of the
1299	commissioner, at a place in the state designated by him or her,
1300	for the purpose of evaluating and recommending instructional
1301	materials for adoption by the state. All meetings of state
1302	instructional materials committees shall be announced publicly
1303	in the Florida Administrative Weekly at least 2 weeks prior to
1304	the date of convening. All meetings of the committees shall be
1305	open to the public.
1306	(2)  ORGANIZATION.-To elect a chair and vice chair for each
1307	adoption. An employee of the department shall serve as secretary
1308	to the committee and keep an accurate record of its proceedings.
1309	All records of committee motions and votes, and summaries of
1310	committee debate shall be incorporated into a publishable
1311	document and shall be available for public inspection and
1312	duplication.
1313	(1)(3)  PROCEDURES.-To adhere to procedures prescribed by
1314	the commissioner for evaluating instructional materials
1315	submitted by publishers and manufacturers in each adoption.
1316	(2)(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.-To evaluate
1317	carefully all instructional materials submitted, to ascertain
1318	which instructional materials, if any, submitted for
1319	consideration best implement the selection criteria developed by
1320	the department commissioner and those curricular objectives
1321	included within applicable performance standards provided for in
1322	s. 1001.03(1).
1323	(a)  When recommending instructional materials for use in
1324	the schools, each reviewer committee shall include only
1325	instructional materials that accurately portray the ethnic,
1326	socioeconomic, cultural, and racial diversity of our society,
1327	including men and women in professional, career, and executive
1328	roles, and the role and contributions of the entrepreneur and
1329	labor in the total development of this state and the United
1330	States.
1331	(b)  When recommending instructional materials for use in
1332	the schools, each reviewer committee shall include only
1333	materials which accurately portray, whenever appropriate,
1334	humankind's place in ecological systems, including the necessity
1335	for the protection of our environment and conservation of our
1336	natural resources and the effects on the human system of the use
1337	of tobacco, alcohol, controlled substances, and other dangerous
1338	substances.
1339	(c)  When recommending instructional materials for use in
1340	the schools, each reviewer committee shall require such
1341	materials as he or she it deems necessary and proper to
1342	encourage thrift, fire prevention, and humane treatment of
1343	people and animals.
1344	(d)  When recommending instructional materials for use in
1345	the schools, each reviewer committee shall require, when
1346	appropriate to the comprehension of students, that materials for
1347	social science, history, or civics classes contain the
1348	Declaration of Independence and the Constitution of the United
1349	States. A reviewer may not recommend any No instructional
1350	materials shall be recommended by any committee for use in the
1351	schools which contain any matter reflecting unfairly upon
1352	persons because of their race, color, creed, national origin,
1353	ancestry, gender, or occupation.
1354	(e)  Any All instructional materials recommended by a each
1355	reviewer committee for use in the schools shall be, to the
1356	satisfaction of each reviewer committee, accurate, objective,
1357	and current and suited to the needs and comprehension of
1358	students at their respective grade levels. Instructional
1359	materials reviewers committees shall consider for adoption
1360	materials developed for academically talented students such as
1361	those enrolled in advanced placement courses.
1362	(3)(5)  REPORT OF EXPERT REVIEWERS COMMITTEE.-Each expert
1363	reviewer committee, after a thorough study of all data submitted
1364	on each instructional material, and after each member has
1365	carefully evaluated each instructional material, shall submit an
1366	electronic present a written report to the department
1367	commissioner. The Such report shall be made public, and must
1368	shall include responses to each section of the report format
1369	prescribed by the department.:
1370	(a)  A description of the procedures used in determining
1371	the instructional materials to be recommended to the
1372	commissioner.
1373	(b)  Recommendations of instructional materials for each
1374	grade and subject field in the curriculum of public elementary,
1375	middle, and high schools in which adoptions are to be made. If
1376	deemed advisable, the committee may include such other
1377	information, expression of opinion, or recommendation as would
1378	be helpful to the commissioner. If there is a difference of
1379	opinion among the members of the committee as to the merits of
1380	any instructional materials, any member may file an expression
1381	of his or her individual opinion.
1382
1383	The findings of the committees, including the evaluation of
1384	instructional materials, shall be in sessions open to the
1385	public. All decisions leading to determinations of the
1386	committees shall be by roll call vote, and at no time will a
1387	secret ballot be permitted.
1388	Section 22.  Section 1006.32, Florida Statutes, is amended
1389	to read:
1390	1006.32  Prohibited acts.-
1391	(1)  A No publisher or manufacturer of instructional
1392	material, or any representative thereof, may not shall offer to
1393	give any emolument, money, or other valuable thing, or any
1394	inducement, to any district school board official or state
1395	member of a state-level instructional materials reviewer
1396	committee to directly or indirectly introduce, recommend, vote
1397	for, or otherwise influence the adoption or purchase of any
1398	instructional materials.
1399	(2)  A No district school board official or member of a
1400	state instructional materials reviewer may not committee shall
1401	solicit or accept any emolument, money, or other valuable thing,
1402	or any inducement, to directly or indirectly introduce,
1403	recommend, vote for, or otherwise influence the adoption or
1404	purchase of any instructional material.
1405	(3)  A No district school board or publisher may not
1406	participate in a pilot program of materials being considered for
1407	adoption during the 18-month period before the official adoption
1408	of the materials by the commissioner. Any pilot program during
1409	the first 2 years of the adoption period must have the prior
1410	approval of the commissioner.
1411	(4)  Any publisher or manufacturer of instructional
1412	materials or representative thereof or any district school board
1413	official or state instructional materials reviewer committee
1414	member, who violates any provision of this section commits a
1415	misdemeanor of the second degree, punishable as provided in s.
1416	775.082 or s. 775.083. Any representative of a publisher or
1417	manufacturer who violates any provision of this section, in
1418	addition to any other penalty, shall be banned from practicing
1419	business in the state for a period of 1 calendar year. Any
1420	district school board official or state instructional materials
1421	committee member who violates any provision of this section, in
1422	addition to any other penalty, shall be removed from his or her
1423	official position.
1424	(5)  This section does not prohibit Nothing in this section
1425	shall be construed to prevent any publisher, manufacturer, or
1426	agent from supplying, for purposes of examination, necessary
1427	sample copies of instructional materials to any district school
1428	board official or state instructional materials reviewer
1429	committee member.
1430	(6)  This section does not prohibit Nothing in this section
1431	shall be construed to prevent a district school board official
1432	or state instructional materials reviewer committee member from
1433	receiving sample copies of instructional materials.
1434	(7)  This section does not Nothing contained in this
1435	section shall be construed to prohibit or restrict a district
1436	school board official from receiving royalties or other
1437	compensation, other than compensation paid to him or her as
1438	commission for negotiating sales to district school boards, from
1439	the publisher or manufacturer of instructional materials
1440	written, designed, or prepared by such district school board
1441	official, and adopted by the commissioner or purchased by any
1442	district school board. No district school board official shall
1443	be allowed to receive royalties on any materials not on the
1444	state-adopted list purchased for use by his or her district
1445	school board.
1446	(8)  A No district school superintendent, district school
1447	board member, teacher, or other person officially connected with
1448	the government or direction of public schools may not shall
1449	receive during the months actually engaged in performing duties
1450	under his or her contract any private fee, gratuity, donation,
1451	or compensation, in any manner whatsoever, for promoting the
1452	sale or exchange of any school book, map, or chart in any public
1453	school, or be an agent for the sale or the publisher of any
1454	school textbook or reference work, or be directly or indirectly
1455	pecuniarily interested in the introduction of any such textbook,
1456	and any such agency or interest shall disqualify any person so
1457	acting or interested from holding any district school board
1458	employment whatsoever, and the person commits a misdemeanor of
1459	the second degree, punishable as provided in s. 775.082 or s.
1460	775.083; however, provided that this subsection does shall not
1461	prevent be construed as preventing the adoption of any book
1462	written in whole or in part by a Florida author.
1463	Section 23.  Paragraphs (b) and (e) of subsection (1) and
1464	subsections (2) and (4) of section 1006.33, Florida Statutes,
1465	are amended to read:
1466	1006.33  Bids or proposals; advertisement and its
1467	contents.-
1468	(1)
1469	(b)  The advertisement shall state that, beginning in 2010-
1470	2011, each bidder shall furnish electronic specimen copies of
1471	all instructional materials submitted, at a time designated by
1472	the department, which specimen copies shall be identical with
1473	the copies approved and accepted by the members of the state
1474	instructional materials reviewers committee, as prescribed in
1475	this section, and with the copies furnished to the department
1476	and district school superintendents, as provided in this part.
1477	Any district school superintendent who requires samples in
1478	addition to the electronic format must request those samples
1479	through the department.
1480	(e)  The advertisement shall give information as to how
1481	specifications that which have been adopted by the department in
1482	regard to digital specifications, including the capabilities for
1483	searching by state standards, site and student-level licensing,
1484	and format requirements paper, binding, cover boards, and
1485	mechanical makeup can be secured. In adopting specifications,
1486	the department shall make an exception for instructional
1487	materials that are college-level texts and that do not meet
1488	department physical specifications for secondary materials, if
1489	the publisher guarantees replacement during the term of the
1490	contract.
1491	(2)  The bids submitted shall be for furnishing the
1492	designated materials in accordance with specifications of the
1493	department. The bid shall state the lowest wholesale price at
1494	which the materials will be furnished, at the time the adoption
1495	period provided in the contract begins, delivered f.o.b. to the
1496	Florida depository of the publisher, manufacturer, or bidder.
1497	(4)  Specimen copies of all instructional materials that
1498	have been made the bases of contracts under this part shall,
1499	upon request for the purpose of public inspection, be made
1500	available by the publisher to the department and the district
1501	school superintendent of each district school board that adopts
1502	the instructional materials from the state list upon request for
1503	the purpose of public inspection. All contracts and bonds
1504	executed under this part shall be signed in triplicate. One copy
1505	of each contract and an original of each bid, whether accepted
1506	or rejected, shall be preserved with the department for at least
1507	3 years after termination of the contract.
1508	Section 24.  Subsections (1), (2), (3), and (7) of section
1509	1006.34, Florida Statutes, are amended to read:
1510	1006.34  Powers and duties of the commissioner and the
1511	department in selecting and adopting instructional materials.-
1512	(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.-The
1513	State Board of Education shall adopt rules prescribing
1514	commissioner shall prescribe the procedures by which the
1515	department shall evaluate instructional materials submitted by
1516	publishers and manufacturers in each adoption. The rules shall
1517	be exempt from the legislative ratification requirement in s.
1518	120.541(3). Included in these procedures shall be provisions
1519	affording which afford each publisher or manufacturer or his or
1520	her representative an opportunity to provide a virtual
1521	presentation to expert reviewers on present to members of the
1522	state instructional materials committees the merits of each
1523	instructional material submitted in each adoption.
1524	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.-
1525	(a)  The department shall notify all publishers and
1526	manufacturers of instructional materials who have submitted bids
1527	that within 3 weeks after the deadline for receiving bids, at a
1528	designated time and place, it will open the bids submitted and
1529	deposited with it. At the time and place designated, the bids
1530	shall be opened, read, and tabulated in the presence of the
1531	bidders or their representatives. No one may revise his or her
1532	bid after the bids have been filed. When all bids have been
1533	carefully considered, the commissioner shall, from the list of
1534	suitable, usable, and desirable instructional materials reported
1535	by the state instructional materials reviewers committee, select
1536	and adopt instructional materials for each grade and subject
1537	field in the curriculum of public elementary, middle, and high
1538	schools in which adoptions are made and in the subject areas
1539	designated in the advertisement. The adoption shall continue for
1540	the period specified in the advertisement, beginning on the
1541	ensuing April 1. The adoption shall not prevent the extension of
1542	a contract as provided in subsection (3). The commissioner shall
1543	always reserve the right to reject any and all bids. The
1544	commissioner may ask for new sealed bids from publishers or
1545	manufacturers whose instructional materials were recommended by
1546	the state instructional materials reviewers committee as
1547	suitable, usable, and desirable; specify the dates for filing
1548	such bids and the date on which they shall be opened; and
1549	proceed in all matters regarding the opening of bids and the
1550	awarding of contracts as required by this part. In all cases,
1551	bids shall be accompanied by a cash deposit or certified check
1552	of from $500 to $2,500, as the department commissioner may
1553	direct. The department, in adopting instructional materials,
1554	shall give due consideration both to the prices bid for
1555	furnishing instructional materials and to the report and
1556	recommendations of the state instructional materials reviewers
1557	committee. When the commissioner has finished with the report of
1558	the state instructional materials reviewers committee, the
1559	report shall be filed and preserved with the department and
1560	shall be available at all times for public inspection.
1561	(b)  In the selection of instructional materials, library
1562	media books, and other reading material used in the public
1563	school system, the standards used to determine the propriety of
1564	the material shall include:
1565	1.  The age of the students who normally could be expected
1566	to have access to the material.
1567	2.  The educational purpose to be served by the material.
1568	In considering instructional materials for classroom use,
1569	priority shall be given to the selection of materials which
1570	encompass the state and district school board performance
1571	standards provided for in s. 1001.03(1) and which include the
1572	instructional objectives contained within the curriculum
1573	frameworks approved by rule of the State Board of Education.
1574	3.  The degree to which the material would be supplemented
1575	and explained by mature classroom instruction as part of a
1576	normal classroom instructional program.
1577	4.  The consideration of the broad racial, ethnic,
1578	socioeconomic, and cultural diversity of the students of this
1579	state.
1580
1581	Any No book or other material containing hard-core pornography
1582	or otherwise prohibited by s. 847.012 may not shall be used or
1583	made available within any public school district.
1584	(3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.-As
1585	soon as practicable after the commissioner has adopted any
1586	instructional materials and all bidders that have secured the
1587	adoption of any instructional materials have been notified
1588	thereof by registered letter, the department Department of Legal
1589	Affairs shall prepare a contract in proper form with every
1590	bidder awarded the adoption of any instructional materials. Each
1591	contract shall be executed by the commissioner Governor and
1592	Secretary of State under the seal of the state, one copy to be
1593	kept by the contractor, one copy to be filed with the Department
1594	of State, and one copy to be filed with the department. After
1595	giving due consideration to comments by the district school
1596	boards, the commissioner, with the agreement of the publisher,
1597	may extend or shorten a contract period for a period not to
1598	exceed 2 years; and the terms of any such contract shall remain
1599	the same as in the original contract. Any publisher or
1600	manufacturer to whom any contract is let under this part must
1601	give bond in such amount as the department commissioner
1602	requires, payable to the state, conditioned for the faithful,
1603	honest, and exact performance of the contract. The bond must
1604	provide for the payment of reasonable attorney's fees in case of
1605	recovery in any suit thereon. The surety on the bond must be a
1606	guaranty or surety company lawfully authorized to do business in
1607	the state; however, the bond shall not be exhausted by a single
1608	recovery but may be sued upon from time to time until the full
1609	amount thereof is recovered, and the department may at any time,
1610	after giving 30 days' notice, require additional security or
1611	additional bond. The form of any bond or bonds or contract or
1612	contracts under this part shall be prepared and approved by the
1613	department Department of Legal Affairs. At the discretion of the
1614	commissioner, a publisher or manufacturer to whom any contract
1615	is let under this part may be allowed a cash deposit in lieu of
1616	a bond, conditioned for the faithful, honest, and exact
1617	performance of the contract. The cash deposit, payable to the
1618	department, shall be placed in the Textbook Bid Trust Fund. The
1619	department may recover damages on the cash deposit given by the
1620	contractor for failure to furnish instructional materials, the
1621	sum recovered to inure to the General Revenue Fund.
1622	(7)  FORFEITURE OF CONTRACT AND BOND.-If any publisher or
1623	manufacturer of instructional materials fails or refuses to
1624	furnish a book, or books, or other instructional materials as
1625	provided in the contract, the publisher's or manufacturer's his
1626	or her bond is forfeited and the commissioner must department
1627	shall make another contract containing on such terms as
1628	determined by it may find desirable, after giving due
1629	consideration to the recommendations of the commissioner.
1630	Section 25.  Subsection (2) of section 1006.35, Florida
1631	Statutes, is amended to read:
1632	1006.35  Accuracy of instructional materials.-
1633	(2)  When errors in state-adopted materials are confirmed,
1634	the publisher of the materials shall provide to each district
1635	school board that has purchased the materials the corrections in
1636	a format approved by the department commissioner.
1637	Section 26.  Section 1006.36, Florida Statutes, is amended
1638	to read:
1639	1006.36  Term of adoption for instructional materials.-
1640	(1)  The term of adoption of any instructional materials
1641	must be a 5-year 6-year period beginning on April 1 following
1642	the adoption, except that the commissioner may approve terms of
1643	adoption of less than 5 6 years for materials in content areas
1644	which require more frequent revision. Any contract for
1645	instructional materials may be extended as prescribed in s.
1646	1006.34(3).
1647	(2)  The department shall publish annually an official
1648	schedule of subject areas to be called for adoption for each of
1649	the succeeding 2 years, and a tentative schedule for years 3, 4,
1650	and 5, and 6. If extenuating circumstances warrant, the
1651	commissioner may order the department to add one or more subject
1652	areas to the official schedule, in which event the commissioner
1653	shall develop criteria for such additional subject area or areas
1654	and make them available to publishers as soon as practicable
1655	before the date on which bids are due. The schedule shall be
1656	developed so as to promote balance among the subject areas so
1657	that the required expenditure for new instructional materials is
1658	approximately the same each year in order to maintain curricular
1659	consistency.
1660	Section 27.  Section 1006.37, Florida Statutes, is
1661	repealed.
1662	Section 28.  Subsections (2), (3), (5), and (6) and
1663	subsections (11) through (17) of section 1006.38, Florida
1664	Statutes, are amended to read:
1665	1006.38  Duties, responsibilities, and requirements of
1666	instructional materials publishers and manufacturers.-Publishers
1667	and manufacturers of instructional materials, or their
1668	representatives, shall:
1669	(2)  Electronically deliver fully developed specimen copies
1670	of all instructional materials upon which bids are based to the
1671	department pursuant to procedures adopted by the State Board of
1672	Education each member of a state instructional materials
1673	committee. At the conclusion of the review process,
1674	manufacturers submitting samples of instructional materials are
1675	entitled to the return thereof, at the expense of the
1676	manufacturers; or, in the alternative, the manufacturers are
1677	entitled to reimbursement by the individual committee members
1678	for the retail value of the samples.
1679	(3)  Submit, at a time designated in s. 1006.33, the
1680	following information:
1681	(a)  Detailed specifications of the physical
1682	characteristics of the instructional materials, including any
1683	software or technological tools required for use of the
1684	instructional tool by the district, school, teachers, or
1685	students. The publisher or manufacturer shall comply with these
1686	specifications if the instructional materials are adopted and
1687	purchased in completed form.
1688	(b)  Evidence Written proof that the publisher has provided
1689	materials that the user can vertically search, electronically
1690	gather, and organize by specific written correlations to
1691	appropriate curricular objectives included within applicable
1692	performance standards provided for in s. 1001.03(1).
1693	(5)  Furnish the instructional materials offered by them at
1694	a price in the state which, including all costs of electronic
1695	transmission transportation to their depositories, may shall not
1696	exceed the lowest price at which they offer such instructional
1697	materials for adoption or sale to any state or school district
1698	in the United States.
1699	(6)  Reduce automatically the price of the instructional
1700	materials to any district school board to the extent that
1701	reductions are made elsewhere in the United States. Publishers
1702	may offer sections of state-adopted instructional materials in
1703	digital or electronic versions at reduced rates to districts,
1704	schools, and teachers in this state.
1705	(11)  Maintain or contract with a depository in the state.
1706	(12)  For the core subject areas specified in s.
1707	1006.40(2), maintain in the depository for the first 2 years of
1708	the contract an inventory of instructional materials sufficient
1709	to receive and fill orders.
1710	(11)(13)  For the core subject areas specified in s.
1711	1006.40(2), ensure the availability of an inventory sufficient
1712	to receive and fill orders for instructional materials for
1713	growth, including the opening of a new school, and replacement
1714	during the 3rd and subsequent years of the original contract
1715	period.
1716	(14)  For all other subject areas, maintain in the
1717	depository an inventory of instructional materials sufficient to
1718	receive and fill orders.
1719	(12)(15)  Accurately and fully disclose only the names of
1720	those persons who actually authored the instructional materials.
1721	In addition to the penalties provided in subsection (14) (17),
1722	the commissioner may remove from the list of state-adopted
1723	instructional materials those instructional materials whose
1724	publisher or manufacturer misleads the purchaser by falsely
1725	representing genuine authorship.
1726	(13)(16)  Grant, without prior written request, for any
1727	copyright held by the publisher or its agencies automatic
1728	permission to the department or its agencies for the
1729	reproduction of instructional materials textbooks and
1730	supplementary materials in braille or large print or in the form
1731	of sound recordings, for use by visually impaired students or
1732	other students with disabilities that would benefit from use of
1733	the materials.
1734	(14)(17)  Upon the willful failure of the publisher or
1735	manufacturer to comply with the requirements of this section, be
1736	liable to the department in the amount of three 3 times the
1737	total sum which the publisher or manufacturer was paid in excess
1738	of the price required under subsections (5) and (6) and in the
1739	amount of three 3 times the total value of the instructional
1740	materials and services which the district school board is
1741	entitled to receive free of charge under subsection (7).
1742	Section 29.  Subsection (5) of section 1006.39, Florida
1743	Statutes, is amended to read:
1744	1006.39  Production and dissemination of educational
1745	materials and products by department.-
1746	(5)  The department shall not enter into the business of
1747	producing or publishing instructional materials textbooks, or
1748	the contents therein, for general use in classrooms.
1749	Section 30.  Subsection (2), paragraph (a) of subsection
1750	(3), and subsection (4) of section 1006.40, Florida Statutes,
1751	are amended to read:
1752	1006.40  Use of instructional materials allocation;
1753	instructional materials, library books, and reference books;
1754	repair of books.-
1755	(2)(a)  Each district school board must purchase current
1756	instructional materials to provide each student with a textbook
1757	or other instructional materials as a major tool of instruction
1758	in core courses of the appropriate subject areas of mathematics,
1759	language arts, science, social studies, reading, and literature
1760	for kindergarten through grade 12. Such purchase must be made
1761	within the first 2 years after the effective date of the
1762	adoption cycle; however, this requirement is waived for the
1763	adoption cycle occurring in the 2008-2009 academic year for
1764	schools within the district which are identified in the top four
1765	categories of schools pursuant to s. 1008.33, as amended by
1766	chapter 2009-144, Laws of Florida. The Commissioner of Education
1767	may provide a waiver of this requirement for the adoption cycle
1768	occurring in the 2008-2009 academic year if the district
1769	demonstrates that it has intervention and support strategies to
1770	address the particular needs of schools in the lowest two
1771	categories. Unless specifically provided for in the General
1772	Appropriations Act, the cost of instructional materials
1773	purchases required by this paragraph shall not exceed the amount
1774	of the district's allocation for instructional materials,
1775	pursuant to s. 1011.67, for the previous 2 years.
1776	(b)  The requirement in paragraph (a) does not apply to
1777	contracts in existence before April 1, 2000, or to a purchase
1778	related to growth of student membership in the district or for
1779	instructional materials maintenance needs.
1780	(3)(a)  By 2012-2013, each district school board shall use
1781	at least 50 percent of the annual allocation for the purchase of
1782	digital, electronic, or web-based instructional materials
1783	included on the state-adopted list, except as otherwise
1784	authorized in paragraphs (b) and (c). No less than 50 percent of
1785	the annual allocation shall be used to purchase items which will
1786	be used to provide instruction to students at the level or
1787	levels for which the materials are designed.
1788	(4)  Funds that are not used to purchase digital or web-
1789	based instructional materials may be The funds described in
1790	subsection (3) which district school boards may use to purchase
1791	materials not on the state-adopted list shall be used for the
1792	purchase of instructional materials or other items having
1793	intellectual content which assist in the instruction of a
1794	subject or course. These items may be available in bound,
1795	unbound, kit, or package form and may consist of hardbacked or
1796	softbacked textbooks, electronic content, replacements for items
1797	which were part of previously purchased instructional materials,
1798	consumables, learning laboratories, manipulatives, electronic
1799	media, computer courseware or software, and other commonly
1800	accepted instructional tools as prescribed by district school
1801	board rule. If the district school board finds and declares in a
1802	resolution that all instructional materials purchases necessary
1803	to provide updated materials aligned to Next Generation Sunshine
1804	State Standards and benchmarks and that meet statutory
1805	requirements of content and learning have been completed for the
1806	fiscal year, but no sooner than March 1 of the fiscal year,
1807	available categorical funds for instructional materials may be
1808	used to purchase technology hardware that supports student
1809	access to digital instructional content. The funds available to
1810	district school boards for the purchase of materials not on the
1811	state-adopted list may not be used to purchase electronic or
1812	computer hardware even if such hardware is bundled with software
1813	or other electronic media unless the district school board has
1814	complied with the requirements in s. 1011.62(6)(b)5., nor may
1815	such funds be used to purchase equipment or supplies. However,
1816	when authorized to do so in the General Appropriations Act, a
1817	school or district school board may use a portion of the funds
1818	available to it for the purchase of materials not on the state-
1819	adopted list to purchase science laboratory materials and
1820	supplies.
1821	Section 31.  Section 1006.43, Florida Statutes, is amended
1822	to read:
1823	1006.43  Expenses; budget request.-
1824	(1)  The commissioner shall include in the department's
1825	annual legislative budget a request for funds in an amount
1826	sufficient to provide the necessary expense for:
1827	(a)  The instructional materials reviewers committees.
1828	(b)  Instructional materials for use by partially sighted
1829	students.
1830	(c)  Other specific and necessary state expenses with
1831	regard to the instructional materials program.
1832	(2)  The department may arrange for distribution adopted
1833	instructional materials that textbooks which are prepared in
1834	various media for the use of partially sighted children enrolled
1835	in the Florida schools.
1836	Section 32.  Effective upon this act becoming a law,
1837	subsection (2) and paragraph (c) of subsection (3) of section
1838	1008.22, Florida Statutes, are amended to read:
1839	1008.22  Student assessment program for public schools.-
1840	(2)  NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.-It
1841	is Florida's intent to participate in the measurement of
1842	national educational goals. The Commissioner of Education shall
1843	direct Florida school districts to participate in the
1844	administration of the National Assessment of Educational
1845	Progress, or a similar national or international assessment
1846	program, both for the national sample and for any state-by-state
1847	comparison programs which may be initiated. The assessments must
1848	be conducted using the data collection procedures, the student
1849	surveys, the educator surveys, and other instruments included in
1850	the National Assessment of Educational Progress or similar
1851	national or international program being administered in Florida.
1852	The results of these assessments shall be included in the annual
1853	report of the Commissioner of Education specified in this
1854	section, as applicable. The administration of the National
1855	Assessment of Educational Progress or similar national or
1856	international program shall be in addition to and separate from
1857	the administration of the statewide assessment program. The
1858	requirement that school districts participate in international
1859	assessment programs shall expire June 30, 2016.
1860	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
1861	design and implement a statewide program of educational
1862	assessment that provides information for the improvement of the
1863	operation and management of the public schools, including
1864	schools operating for the purpose of providing educational
1865	services to youth in Department of Juvenile Justice programs.
1866	The commissioner may enter into contracts for the continued
1867	administration of the assessment, testing, and evaluation
1868	programs authorized and funded by the Legislature. Contracts may
1869	be initiated in 1 fiscal year and continue into the next and may
1870	be paid from the appropriations of either or both fiscal years.
1871	The commissioner is authorized to negotiate for the sale or
1872	lease of tests, scoring protocols, test scoring services, and
1873	related materials developed pursuant to law. Pursuant to the
1874	statewide assessment program, the commissioner shall:
1875	(c)  Develop and implement a student achievement testing
1876	program as follows:
1877	1.  The Florida Comprehensive Assessment Test (FCAT)
1878	measures a student's content knowledge and skills in reading,
1879	writing, science, and mathematics. The content knowledge and
1880	skills assessed by the FCAT must be aligned to the core
1881	curricular content established in the Next Generation Sunshine
1882	State Standards. Other content areas may be included as directed
1883	by the commissioner. Comprehensive assessments of reading and
1884	mathematics shall be administered annually in grades 3 through
1885	10 except, beginning with the 2010-2011 school year, the
1886	administration of grade 9 FCAT Mathematics shall be
1887	discontinued, and beginning with the 2011-2012 school year, the
1888	administration of grade 10 FCAT Mathematics shall be
1889	discontinued, except as required for students who have not
1890	attained minimum performance expectations for graduation as
1891	provided in paragraph (9)(c). FCAT Writing and FCAT Science
1892	shall be administered at least once at the elementary, middle,
1893	and high school levels except, beginning with the 2011-2012
1894	school year, the administration of FCAT Science at the high
1895	school level shall be discontinued.
1896	2.a.  End-of-course assessments for a subject shall be
1897	administered in addition to the comprehensive assessments
1898	required under subparagraph 1. End-of-course assessments must be
1899	rigorous, statewide, standardized, and developed or approved by
1900	the department. The content knowledge and skills assessed by
1901	end-of-course assessments must be aligned to the core curricular
1902	content established in the Next Generation Sunshine State
1903	Standards.
1904	(I)  Statewide, standardized end-of-course assessments in
1905	mathematics shall be administered according to this sub-sub-
1906	subparagraph. Beginning with the 2010-2011 school year, all
1907	students enrolled in Algebra I or an equivalent course must take
1908	the Algebra I end-of-course assessment. Students who earned high
1909	school credit in Algebra I while in grades 6 through 8 during
1910	the 2007-2008 through 2009-2010 school years and who have not
1911	taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
1912	course assessment during the 2010-2011 school year. For students
1913	entering grade 9 during the 2010-2011 school year and who are
1914	enrolled in Algebra I or an equivalent, each student's
1915	performance on the end-of-course assessment in Algebra I shall
1916	constitute 30 percent of the student's final course grade.
1917	Beginning with students entering grade 9 in the 2011-2012 school
1918	year, a student who is enrolled in Algebra I or an equivalent
1919	must earn a passing score on the end-of-course assessment in
1920	Algebra I or attain an equivalent score as described in
1921	subsection (11) in order to earn course credit. Beginning with
1922	the 2011-2012 school year, all students enrolled in geometry or
1923	an equivalent course must take the geometry end-of-course
1924	assessment. For students entering grade 9 during the 2011-2012
1925	school year, each student's performance on the end-of-course
1926	assessment in geometry shall constitute 30 percent of the
1927	student's final course grade. Beginning with students entering
1928	grade 9 during the 2012-2013 school year, a student must earn a
1929	passing score on the end-of-course assessment in geometry or
1930	attain an equivalent score as described in subsection (11) in
1931	order to earn course credit.
1932	(II)  Statewide, standardized end-of-course assessments in
1933	science shall be administered according to this sub-sub-
1934	subparagraph. Beginning with the 2011-2012 school year, all
1935	students enrolled in Biology I or an equivalent course must take
1936	the Biology I end-of-course assessment. For the 2011-2012 school
1937	year, each student's performance on the end-of-course assessment
1938	in Biology I shall constitute 30 percent of the student's final
1939	course grade. Beginning with students entering grade 9 during
1940	the 2012-2013 school year, a student must earn a passing score
1941	on the end-of-course assessment in Biology I in order to earn
1942	course credit.
1943	b.  During the 2012-2013 school year, an end-of-course
1944	assessment in civics education shall be administered as a field
1945	test at the middle school level. During the 2013-2014 school
1946	year, each student's performance on the statewide, standardized
1947	end-of-course assessment in civics education shall constitute 30
1948	percent of the student's final course grade. Beginning with the
1949	2014-2015 school year, a student must earn a passing score on
1950	the end-of-course assessment in civics education in order to
1951	pass the course and be promoted from the middle grades receive
1952	course credit. The school principal of a middle school shall
1953	determine, in accordance with State Board of Education rule,
1954	whether a student who transfers to the middle school and who has
1955	successfully completed a civics education course at the
1956	student's previous school must take an end-of-course assessment
1957	in civics education.
1958	c.  The commissioner may select one or more nationally
1959	developed comprehensive examinations, which may include, but
1960	need not be limited to, examinations for a College Board
1961	Advanced Placement course, International Baccalaureate course,
1962	or Advanced International Certificate of Education course, or
1963	industry-approved examinations to earn national industry
1964	certifications identified in the Industry Certification Funding
1965	List, pursuant to rules adopted by the State Board of Education,
1966	for use as end-of-course assessments under this paragraph, if
1967	the commissioner determines that the content knowledge and
1968	skills assessed by the examinations meet or exceed the grade
1969	level expectations for the core curricular content established
1970	for the course in the Next Generation Sunshine State Standards.
1971	The commissioner may collaborate with the American Diploma
1972	Project in the adoption or development of rigorous end-of-course
1973	assessments that are aligned to the Next Generation Sunshine
1974	State Standards.
1975	d.  Contingent upon funding provided in the General
1976	Appropriations Act, including the appropriation of funds
1977	received through federal grants, the Commissioner of Education
1978	shall establish an implementation schedule for the development
1979	and administration of additional statewide, standardized end-of-
1980	course assessments in English/Language Arts II, Algebra II,
1981	chemistry, physics, earth/space science, United States history,
1982	and world history. Priority shall be given to the development of
1983	end-of-course assessments in English/Language Arts II. The
1984	Commissioner of Education shall evaluate the feasibility and
1985	effect of transitioning from the grade 9 and grade 10 FCAT
1986	Reading and high school level FCAT Writing to an end-of-course
1987	assessment in English/Language Arts II. The commissioner shall
1988	report the results of the evaluation to the President of the
1989	Senate and the Speaker of the House of Representatives no later
1990	than July 1, 2011.
1991	3.  The testing program shall measure student content
1992	knowledge and skills adopted by the State Board of Education as
1993	specified in paragraph (a) and measure and report student
1994	performance levels of all students assessed in reading, writing,
1995	mathematics, and science. The commissioner shall provide for the
1996	tests to be developed or obtained, as appropriate, through
1997	contracts and project agreements with private vendors, public
1998	vendors, public agencies, postsecondary educational
1999	institutions, or school districts. The commissioner shall obtain
2000	input with respect to the design and implementation of the
2001	testing program from state educators, assistive technology
2002	experts, and the public.
2003	4.  The testing program shall be composed of criterion-
2004	referenced tests that shall, to the extent determined by the
2005	commissioner, include test items that require the student to
2006	produce information or perform tasks in such a way that the core
2007	content knowledge and skills he or she uses can be measured.
2008	5.  FCAT Reading, Mathematics, and Science and all
2009	statewide, standardized end-of-course assessments shall measure
2010	the content knowledge and skills a student has attained on the
2011	assessment by the use of scaled scores and achievement levels.
2012	Achievement levels shall range from 1 through 5, with level 1
2013	being the lowest achievement level, level 5 being the highest
2014	achievement level, and level 3 indicating satisfactory
2015	performance on an assessment. For purposes of FCAT Writing,
2016	student achievement shall be scored using a scale of 1 through 6
2017	and the score earned shall be used in calculating school grades.
2018	A score shall be designated for each subject area tested, below
2019	which score a student's performance is deemed inadequate. The
2020	school districts shall provide appropriate remedial instruction
2021	to students who score below these levels.
2022	6.  The State Board of Education shall, by rule, designate
2023	a passing score for each part of the grade 10 assessment test
2024	and end-of-course assessments. Any rule that has the effect of
2025	raising the required passing scores may apply only to students
2026	taking the assessment for the first time after the rule is
2027	adopted by the State Board of Education. Except as otherwise
2028	provided in this subparagraph and as provided in s.
2029	1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
2030	passing score on grade 10 FCAT Reading and grade 10 FCAT
2031	Mathematics or attain concordant scores as described in
2032	subsection (10) in order to qualify for a standard high school
2033	diploma.
2034	7.  In addition to designating a passing score under
2035	subparagraph 6., the State Board of Education shall also
2036	designate, by rule, a score for each statewide, standardized
2037	end-of-course assessment which indicates that a student is high
2038	achieving and has the potential to meet college-readiness
2039	standards by the time the student graduates from high school.
2040	8.  Participation in the testing program is mandatory for
2041	all students attending public school, including students served
2042	in Department of Juvenile Justice programs, except as otherwise
2043	prescribed by the commissioner. A student who has not earned
2044	passing scores on the grade 10 FCAT as provided in subparagraph
2045	6. must participate in each retake of the assessment until the
2046	student earns passing scores or achieves scores on a
2047	standardized assessment which are concordant with passing scores
2048	pursuant to subsection (10). If a student does not participate
2049	in the statewide assessment, the district must notify the
2050	student's parent and provide the parent with information
2051	regarding the implications of such nonparticipation. A parent
2052	must provide signed consent for a student to receive classroom
2053	instructional accommodations that would not be available or
2054	permitted on the statewide assessments and must acknowledge in
2055	writing that he or she understands the implications of such
2056	instructional accommodations. The State Board of Education shall
2057	adopt rules, based upon recommendations of the commissioner, for
2058	the provision of test accommodations for students in exceptional
2059	education programs and for students who have limited English
2060	proficiency. Accommodations that negate the validity of a
2061	statewide assessment are not allowable in the administration of
2062	the FCAT or an end-of-course assessment. However, instructional
2063	accommodations are allowable in the classroom if included in a
2064	student's individual education plan. Students using
2065	instructional accommodations in the classroom that are not
2066	allowable as accommodations on the FCAT or an end-of-course
2067	assessment may have the FCAT or an end-of-course assessment
2068	requirement waived pursuant to the requirements of s.
2069	1003.428(8)(b) or s. 1003.43(11)(b).
2070	9.  A student seeking an adult high school diploma must
2071	meet the same testing requirements that a regular high school
2072	student must meet.
2073	10.  District school boards must provide instruction to
2074	prepare students in the core curricular content established in
2075	the Next Generation Sunshine State Standards adopted under s.
2076	1003.41, including the core content knowledge and skills
2077	necessary for successful grade-to-grade progression and high
2078	school graduation. If a student is provided with instructional
2079	accommodations in the classroom that are not allowable as
2080	accommodations in the statewide assessment program, as described
2081	in the test manuals, the district must inform the parent in
2082	writing and must provide the parent with information regarding
2083	the impact on the student's ability to meet expected performance
2084	levels in reading, writing, mathematics, and science. The
2085	commissioner shall conduct studies as necessary to verify that
2086	the required core curricular content is part of the district
2087	instructional programs.
2088	11.  District school boards must provide opportunities for
2089	students to demonstrate an acceptable performance level on an
2090	alternative standardized assessment approved by the State Board
2091	of Education following enrollment in summer academies.
2092	12.  The Department of Education must develop, or select,
2093	and implement a common battery of assessment tools that will be
2094	used in all juvenile justice programs in the state. These tools
2095	must accurately measure the core curricular content established
2096	in the Next Generation Sunshine State Standards.
2097	13.  For students seeking a special diploma pursuant to s.
2098	1003.438, the Department of Education must develop or select and
2099	implement an alternate assessment tool that accurately measures
2100	the core curricular content established in the Next Generation
2101	Sunshine State Standards for students with disabilities under s.
2102	1003.438.
2103	14.  The Commissioner of Education shall establish
2104	schedules for the administration of statewide assessments and
2105	the reporting of student test results. When establishing the
2106	schedules for the administration of statewide assessments, the
2107	commissioner shall consider the observance of religious and
2108	school holidays. The commissioner shall, by August 1 of each
2109	year, notify each school district in writing and publish on the
2110	department's Internet website the testing and reporting
2111	schedules for, at a minimum, the school year following the
2112	upcoming school year. The testing and reporting schedules shall
2113	require that:
2114	a.  There is the latest possible administration of
2115	statewide assessments and the earliest possible reporting to the
2116	school districts of student test results which is feasible
2117	within available technology and specific appropriations;
2118	however, test results for the FCAT must be made available no
2119	later than the week of June 8. Student results for end-of-course
2120	assessments must be provided no later than 1 week after the
2121	school district completes testing for each course. The
2122	commissioner may extend the reporting schedule as he or she
2123	determines necessary.
2124	b.  Beginning with the 2010-2011 school year, FCAT Writing
2125	is not administered earlier than the week of March 1 and a
2126	comprehensive statewide assessment of any other subject is not
2127	administered earlier than the week of April 15, unless the
2128	commissioner determines otherwise.
2129	c.  A statewide, standardized end-of-course assessment is
2130	administered during a 3-week period at the end of the course.
2131	The commissioner shall select a 3-week administration period for
2132	assessments that meets the intent of end-of-course assessments
2133	and provides student results prior to the end of the course.
2134	School districts shall select 1 testing week within the 3-week
2135	administration period for each end-of-course assessment. For an
2136	end-of-course assessment administered at the end of the first
2137	semester, the commissioner shall determine the most appropriate
2138	testing dates based on a school district's academic calendar.
2139
2140	The commissioner may, based on collaboration and input from
2141	school districts, design and implement student testing programs,
2142	for any grade level and subject area, necessary to effectively
2143	monitor educational achievement in the state, including the
2144	measurement of educational achievement of the Next Generation
2145	Sunshine State Standards for students with disabilities.
2146	Development and refinement of assessments shall include
2147	universal design principles and accessibility standards that
2148	will prevent any unintended obstacles for students with
2149	disabilities while ensuring the validity and reliability of the
2150	test. These principles should be applicable to all technology
2151	platforms and assistive devices available for the assessments.
2152	The field testing process and psychometric analyses for the
2153	statewide assessment program must include an appropriate
2154	percentage of students with disabilities and an evaluation or
2155	determination of the effect of test items on such students.
2156	Section 33.  Paragraph (b) of subsection (3) and subsection
2157	(4) of section 1008.33, Florida Statutes, are amended to read:
2158	1008.33  Authority to enforce public school improvement.-
2159	(3)
2160	(b)  For the purpose of determining whether a public school
2161	requires action to achieve a sufficient level of school
2162	improvement, the Department of Education shall annually
2163	categorize a public school in one of six categories based on the
2164	following:
2165	1.  The portion of a school's grade based on statewide
2166	assessments administered pursuant to s. 1008.22; and
2167	2.  school's grade, pursuant to s. 1008.34, and The level
2168	and rate of change in student performance in the areas of
2169	reading and mathematics, disaggregated into student subgroups as
2170	described in the federal Elementary and Secondary Education Act,
2171	20 U.S.C. s. 6311(b)(2)(C)(v)(II).
2172	(4)  The Department of Education shall create a matrix that
2173	reflects intervention and support strategies to address the
2174	particular needs of schools in each category. For purposes of
2175	this subsection, a school's grade shall be calculated in
2176	accordance with paragraph (3)(b).
2177	(a)  Intervention and support strategies shall be applied
2178	to schools based upon the school categorization. The Department
2179	of Education shall apply the most intense intervention
2180	strategies to the lowest-performing schools. For all but the
2181	lowest category and "F" schools in the second lowest category,
2182	the intervention and support strategies shall be administered
2183	solely by the districts and the schools.
2184	(b)  Beginning with the school grades calculated in
2185	accordance with paragraph (3)(b) for the 2010-2011 school year,
2186	the lowest-performing schools are schools that have received:
2187	1.  a grade of "F" in the most recent school year and in 2
2188	4 of the last 4 6 years; or
2189	2.  A grade of "D" or "F" in the most recent school year
2190	and meet at least three of the following criteria:
2191	a.  The percentage of students who are not proficient in
2192	reading has increased when compared to measurements taken 5
2193	years previously;
2194	b.  The percentage of students who are not proficient in
2195	mathematics has increased when compared to measurements taken 5
2196	years previously;
2197	c.  At least 65 percent of the school's students are not
2198	proficient in reading; or
2199	d.  At least 65 percent of the school's students are not
2200	proficient in mathematics.
2201	Section 34.  Subsection (3) of section 1008.34, Florida
2202	Statutes, is amended to read:
2203	1008.34  School grading system; school report cards;
2204	district grade.-
2205	(3)  DESIGNATION OF SCHOOL GRADES.-
2206	(a)  Each school that has students who are tested and
2207	included in the school grading system shall receive a school
2208	grade, except as follows:
2209	1.  A school shall not receive a school grade if the number
2210	of its students tested and included in the school grading system
2211	is less than the minimum sample size necessary, based on
2212	accepted professional practice, for statistical reliability and
2213	prevention of the unlawful release of personally identifiable
2214	student data under s. 1002.22 or 20 U.S.C. s. 1232g.
2215	2.  An alternative school may choose to receive a school
2216	grade under this section or a school improvement rating under s.
2217	1008.341. For charter schools that meet the definition of an
2218	alternative school pursuant to State Board of Education rule,
2219	the decision to receive a school grade is the decision of the
2220	charter school governing board.
2221	3.  A school that serves any combination of students in
2222	kindergarten through grade 3 which does not receive a school
2223	grade because its students are not tested and included in the
2224	school grading system shall receive the school grade designation
2225	of a K-3 feeder pattern school identified by the Department of
2226	Education and verified by the school district. A school feeder
2227	pattern exists if at least 60 percent of the students in the
2228	school serving a combination of students in kindergarten through
2229	grade 3 are scheduled to be assigned to the graded school.
2230	(b)1.  A school's grade shall be based on a combination of:
2231	a.  Student achievement scores, including achievement on
2232	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
2233	of-course assessments administered under s. 1008.22(3)(c)2.a.,
2234	and achievement scores for students seeking a special diploma.
2235	b.  Student learning gains in reading and mathematics as
2236	measured by FCAT and end-of-course assessments, as described in
2237	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
2238	a special diploma, as measured by an alternate assessment tool,
2239	shall be included not later than the 2009-2010 school year.
2240	c.  Improvement of the lowest 25th percentile of students
2241	in the school in reading and mathematics on the FCAT or end-of-
2242	course assessments described in s. 1008.22(3)(c)2.a., unless
2243	these students are exhibiting satisfactory performance.
2244	2.  Beginning with the 2011-2012 school year, for schools
2245	comprised of middle school grades 6 through 8 or grades 7 and 8,
2246	the schools' grade shall include the performance and
2247	participation of its students in high school level courses with
2248	end-of-course assessments administered under s.
2249	1008.22(3)(c)2.a.
2250	3.2.  Beginning with the 2009-2010 school year for schools
2251	comprised of high school grades 9, 10, 11, and 12, or grades 10,
2252	11, and 12, 50 percent of the school grade shall be based on a
2253	combination of the factors listed in sub-subparagraphs 1.a.-c.
2254	and the remaining 50 percent on the following factors:
2255	a.  The high school graduation rate of the school;
2256	b.  As valid data becomes available, the performance and
2257	participation of the school's students in College Board Advanced
2258	Placement courses, International Baccalaureate courses, dual
2259	enrollment courses, and Advanced International Certificate of
2260	Education courses; and the students' achievement of national
2261	industry certification identified in the Industry Certification
2262	Funding List, pursuant to rules adopted by the State Board of
2263	Education;
2264	c.  Postsecondary readiness of the school's students as
2265	measured by the SAT, ACT, or the common placement test;
2266	d.  The high school graduation rate of at-risk students who
2267	scored at Level 2 or lower on the grade 8 FCAT Reading and
2268	Mathematics examinations;
2269	e.  As valid data becomes available, the performance of the
2270	school's students on statewide standardized end-of-course
2271	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
2272	f.  The growth or decline in the components listed in sub-
2273	subparagraphs a.-e. from year to year.
2274	(c)  Student assessment data used in determining school
2275	grades shall include:
2276	1.  The aggregate scores of all eligible students enrolled
2277	in the school who have been assessed on the FCAT and statewide,
2278	standardized end-of-course assessments in courses required for
2279	high school graduation, including, beginning with the 2010-2011
2280	school year, the end-of-course assessment in Algebra I; and
2281	beginning with the 2011-2012 school year, the end-of-course
2282	assessments in geometry and Biology; and beginning with the
2283	2013-2014 school year, on the statewide, standardized end-of-
2284	course assessment in civics education at the middle school
2285	level.
2286	2.  The aggregate scores of all eligible students enrolled
2287	in the school who have been assessed on the FCAT and end-of-
2288	course assessments as described in s. 1008.22(3)(c)2.a., and who
2289	have scored at or in the lowest 25th percentile of students in
2290	the school in reading and mathematics, unless these students are
2291	exhibiting satisfactory performance.
2292	3.  The achievement scores and learning gains of eligible
2293	students attending alternative schools that provide dropout
2294	prevention and academic intervention services pursuant to s.
2295	1003.53. The term "eligible students" in this subparagraph does
2296	not include students attending an alternative school who are
2297	subject to district school board policies for expulsion for
2298	repeated or serious offenses, who are in dropout retrieval
2299	programs serving students who have officially been designated as
2300	dropouts, or who are in programs operated or contracted by the
2301	Department of Juvenile Justice. The student performance data for
2302	eligible students identified in this subparagraph shall be
2303	included in the calculation of the home school's grade. As used
2304	in this subparagraph section and s. 1008.341, the term "home
2305	school" means the school to which the student would be assigned
2306	if the student were not assigned to an alternative school. If an
2307	alternative school chooses to be graded under this section,
2308	student performance data for eligible students identified in
2309	this subparagraph shall not be included in the home school's
2310	grade but shall be included only in the calculation of the
2311	alternative school's grade. A school district that fails to
2312	assign the FCAT and end-of-course assessment as described in s.
2313	1008.22(3)(c)2.a. scores of each of its students to his or her
2314	home school or to the alternative school that receives a grade
2315	shall forfeit Florida School Recognition Program funds for 1
2316	fiscal year. School districts must require collaboration between
2317	the home school and the alternative school in order to promote
2318	student success. This collaboration must include an annual
2319	discussion between the principal of the alternative school and
2320	the principal of each student's home school concerning the most
2321	appropriate school assignment of the student.
2322	4.  The achievement scores and learning gains of students
2323	designated as hospital or homebound. Student assessment data for
2324	students designated as hospital or homebound shall be assigned
2325	to their home school for the purposes of school grades. As used
2326	in this subparagraph, the term "home school" means the school to
2327	which a student would be assigned if the student were not
2328	assigned to a hospital or homebound program.
2329	5.4.  For schools comprised of high school grades 9, 10,
2330	11, and 12, or grades 10, 11, and 12, the data listed in
2331	subparagraphs 1.-3. and the following data as the Department of
2332	Education determines such data are valid and available:
2333	a.  The high school graduation rate of the school as
2334	calculated by the Department of Education;
2335	b.  The participation rate of all eligible students
2336	enrolled in the school and enrolled in College Board Advanced
2337	Placement courses; International Baccalaureate courses; dual
2338	enrollment courses; Advanced International Certificate of
2339	Education courses; and courses or sequence of courses leading to
2340	national industry certification identified in the Industry
2341	Certification Funding List, pursuant to rules adopted by the
2342	State Board of Education;
2343	c.  The aggregate scores of all eligible students enrolled
2344	in the school in College Board Advanced Placement courses,
2345	International Baccalaureate courses, and Advanced International
2346	Certificate of Education courses;
2347	d.  Earning of college credit by all eligible students
2348	enrolled in the school in dual enrollment programs under s.
2349	1007.271;
2350	e.  Earning of a national industry certification identified
2351	in the Industry Certification Funding List, pursuant to rules
2352	adopted by the State Board of Education;
2353	f.  The aggregate scores of all eligible students enrolled
2354	in the school in reading, mathematics, and other subjects as
2355	measured by the SAT, the ACT, and the common placement test for
2356	postsecondary readiness;
2357	g.  The high school graduation rate of all eligible at-risk
2358	students enrolled in the school who scored at Level 2 or lower
2359	on the grade 8 FCAT Reading and Mathematics examinations;
2360	h.  The performance of the school's students on statewide
2361	standardized end-of-course assessments administered under s.
2362	1008.22(3)(c)2.b. and c.; and
2363	i.  The growth or decline in the data components listed in
2364	sub-subparagraphs a.-h. from year to year.
2365	(d)  Notwithstanding the requirements in paragraphs (b) and
2366	(c), beginning with the 2011-2012 school year, a school that
2367	does not meet the minimum proficiency standards established by
2368	the State Board of Education shall receive a school grade of
2369	"F." A definition of minimum proficiency must include a minimum
2370	percent of students proficient in reading and may include
2371	significant gains from the prior year as a condition for waiving
2372	this paragraph.
2373
2374	The State Board of Education shall adopt appropriate criteria
2375	for each school grade. The criteria must also give added weight
2376	to student achievement in reading. Schools designated with a
2377	grade of "C," making satisfactory progress, shall be required to
2378	demonstrate that adequate progress has been made by students in
2379	the school who are in the lowest 25th percentile in reading and
2380	mathematics on the FCAT and end-of-course assessments as
2381	described in s. 1008.22(3)(c)2.a., unless these students are
2382	exhibiting satisfactory performance. Beginning with the 2009-
2383	2010 school year for schools comprised of high school grades 9,
2384	10, 11, and 12, or grades 10, 11, and 12, the criteria for
2385	school grades must also give added weight to the graduation rate
2386	of all eligible at-risk students, as defined in this paragraph.
2387	Beginning in the 2009-2010 school year, in order for a high
2388	school to be designated as having a grade of "A," making
2389	excellent progress, the school must demonstrate that at-risk
2390	students, as defined in this paragraph, in the school are making
2391	adequate progress.
2392	Section 35.  Paragraph (a) of subsection (3) of section
2393	1011.01, Florida Statutes, is amended to read:
2394	1011.01  Budget system established.-
2395	(3)(a)  Each district school board and each community
2396	college board of trustees shall prepare, adopt, and submit to
2397	the Commissioner of Education for review an annual operating
2398	budget. Operating budgets shall be prepared and submitted in
2399	accordance with the provisions of law, rules of the State Board
2400	of Education, the General Appropriations Act, and for district
2401	school boards in accordance with the provisions of ss. 200.065
2402	and 1011.64.
2403	Section 36.  Subsection (4) of section 1011.03, Florida
2404	Statutes, is amended to read:
2405	1011.03  Public hearings; budget to be submitted to
2406	Department of Education.-
2407	(4)  The board shall hold public hearings to adopt
2408	tentative and final budgets pursuant to s. 200.065. The hearings
2409	shall be primarily for the purpose of hearing requests and
2410	complaints from the public regarding the budgets and the
2411	proposed tax levies and for explaining the budget and proposed
2412	or adopted amendments thereto, if any. The district school board
2413	shall then require the superintendent to transmit forthwith two
2414	copies of the adopted budget to the Department of Education for
2415	approval as prescribed by law and rules of the State Board of
2416	Education.
2417	Section 37.  Subsection (1) of section 1011.61, Florida
2418	Statutes, is amended to read:
2419	1011.61  Definitions.-Notwithstanding the provisions of s.
2420	1000.21, the following terms are defined as follows for the
2421	purposes of the Florida Education Finance Program:
2422	(1)  A "full-time equivalent student" in each program of
2423	the district is defined in terms of full-time students and part-
2424	time students as follows:
2425	(a)  A "full-time student" is one student on the membership
2426	roll of one school program or a combination of school programs
2427	listed in s. 1011.62(1)(c) for the school year or the equivalent
2428	for:
2429	1.  Instruction in a standard school, comprising not less
2430	than 900 net hours for a student in or at the grade level of 4
2431	through 12, or not less than 720 net hours for a student in or
2432	at the grade level of kindergarten through grade 3 or in an
2433	authorized prekindergarten exceptional program;
2434	2.  Instruction in a double-session school or a school
2435	utilizing an experimental school calendar approved by the
2436	Department of Education, comprising not less than the equivalent
2437	of 810 net hours in grades 4 through 12 or not less than 630 net
2438	hours in kindergarten through grade 3; or
2439	3.  Instruction comprising the appropriate number of net
2440	hours set forth in subparagraph 1. or subparagraph 2. for
2441	students who, within the past year, have moved with their
2442	parents for the purpose of engaging in the farm labor or fish
2443	industries, if a plan furnishing such an extended school day or
2444	week, or a combination thereof, has been approved by the
2445	commissioner. Such plan may be approved to accommodate the needs
2446	of migrant students only or may serve all students in schools
2447	having a high percentage of migrant students. The plan described
2448	in this subparagraph is optional for any school district and is
2449	not mandated by the state.
2450	(b)  A "part-time student" is a student on the active
2451	membership roll of a school program or combination of school
2452	programs listed in s. 1011.62(1)(c) who is less than a full-time
2453	student.
2454	(c)1.  A "full-time equivalent student" is:
2455	a.  A full-time student in any one of the programs listed
2456	in s. 1011.62(1)(c); or
2457	b.  A combination of full-time or part-time students in any
2458	one of the programs listed in s. 1011.62(1)(c) which is the
2459	equivalent of one full-time student based on the following
2460	calculations:
2461	(I)  A full-time student, except a postsecondary or adult
2462	student or a senior high school student enrolled in adult
2463	education when such courses are required for high school
2464	graduation, in a combination of programs listed in s.
2465	1011.62(1)(c) shall be a fraction of a full-time equivalent
2466	membership in each special program equal to the number of net
2467	hours per school year for which he or she is a member, divided
2468	by the appropriate number of hours set forth in subparagraph
2469	(a)1. or subparagraph (a)2. The difference between that fraction
2470	or sum of fractions and the maximum value as set forth in
2471	subsection (4) for each full-time student is presumed to be the
2472	balance of the student's time not spent in such special
2473	education programs and shall be recorded as time in the
2474	appropriate basic program.
2475	(II)  A prekindergarten handicapped student shall meet the
2476	requirements specified for kindergarten students.
2477	(III)  A full-time equivalent student for students in
2478	kindergarten through grade 5 in a school district virtual
2479	instruction program under s. 1002.45 shall consist of a student
2480	who has successfully completed a basic program listed in s.
2481	1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
2482	level.
2483	(IV)  A full-time equivalent student for students in grades
2484	6 through 8 12 in a school district virtual instruction program
2485	under s. 1002.45(1)(b)1. and 2. shall consist of six full
2486	successful course credit completions in programs listed in s.
2487	1011.62(1)(c)1.b. or c. and 3. A full-time equivalent student
2488	for students in grades 9 through 12 in a school district virtual
2489	instruction program under s. 1002.45(1)(b)1. and 2. shall
2490	consist of six full credit completions in programs listed in s.
2491	1011.62(1)(c)1.c. or 3. Successful course Credit completions for
2492	students in grades 6 through 8 can be a combination of either
2493	successful semester or full-course completions full credits or
2494	half credits. Successful credit completions for students in
2495	grades 9 through 12 can be a combination of either credits or
2496	half credits.
2497	(V)  A Florida Virtual School full-time equivalent student
2498	shall consist of six full successful course completions for
2499	students in grades 4 through 8 credit completions in the
2500	programs listed in s. 1011.62(1)(c)1.b. for grades 6 through 8
2501	and the programs listed in s. 1011.62(1)(c)1.c. for grades 9
2502	through 12. A Florida Virtual School full-time equivalent
2503	student shall consist of six full credit completions for grades
2504	9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and
2505	3. Credit or course completions can be a combination of either
2506	successful semester or full-course completions for grades 6
2507	through 8 and full credits and half-credits for grades 9 through
2508	12 full credits or half credits.
2509	(VI)  Each successfully completed credit earned under the
2510	alternative high school course credit requirements authorized in
2511	s. 1002.375, which is not reported as a portion of the 900 net
2512	hours of instruction pursuant to subparagraph (1)(a)1., shall be
2513	calculated as 1/6 FTE.
2514	2.  A student in membership in a program scheduled for more
2515	or less than 180 school days or the equivalent on an hourly
2516	basis as specified by rules of the State Board of Education is a
2517	fraction of a full-time equivalent membership equal to the
2518	number of instructional hours in membership divided by the
2519	appropriate number of hours set forth in subparagraph (a)1.;
2520	however, for the purposes of this subparagraph, membership in
2521	programs scheduled for more than 180 days is limited to students
2522	enrolled in juvenile justice education programs and the Florida
2523	Virtual School.
2524
2525	The department shall determine and implement an equitable method
2526	of equivalent funding for experimental schools and for schools
2527	operating under emergency conditions, which schools have been
2528	approved by the department to operate for less than the minimum
2529	school day.
2530	Section 38.  Paragraph (p) of subsection (1) and paragraph
2531	(b) of subsection (6) of section 1011.62, Florida Statutes, are
2532	amended to read:
2533	1011.62  Funds for operation of schools.-If the annual
2534	allocation from the Florida Education Finance Program to each
2535	district for operation of schools is not determined in the
2536	annual appropriations act or the substantive bill implementing
2537	the annual appropriations act, it shall be determined as
2538	follows:
2539	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
2540	OPERATION.-The following procedure shall be followed in
2541	determining the annual allocation to each district for
2542	operation:
2543	(p)  Calculation of additional full-time equivalent
2544	membership based on certification of successful completion of
2545	industry-certified career and professional academy programs
2546	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
2547	in the Industry Certified Funding List pursuant to rules adopted
2548	by the State Board of Education.-A maximum value of 0.3 full-
2549	time equivalent student membership shall be calculated for each
2550	student who completes an industry-certified career and
2551	professional academy program under ss. 1003.491, 1003.492, and
2552	1003.493 and who is issued the highest level of industry
2553	certification identified annually in the Industry Certification
2554	Funding List approved under rules adopted by the State Board of
2555	Education and a high school diploma. The value of the full-time
2556	equivalent student membership shall be determined by weights
2557	adopted by the State Board of Education pursuant to s. 1003.492.
2558	Such value shall be added to the total full-time equivalent
2559	student membership in secondary career education programs for
2560	grades 9 through 12 in the subsequent year for courses that were
2561	not funded through dual enrollment. The additional full-time
2562	equivalent membership authorized under this paragraph may not
2563	exceed 0.3 per student. Each district must allocate at least 80
2564	percent of the funds provided for industry certification, in
2565	accordance with this paragraph, to the program that generated
2566	the funds. Unless a different amount is specified in the General
2567	Appropriations Act, the appropriation for this calculation is
2568	limited to $15 million annually. If the appropriation is
2569	insufficient to fully fund the total calculation, the
2570	appropriation shall be prorated.
2571	(6)  CATEGORICAL FUNDS.-
2572	(b)  If a district school board finds and declares in a
2573	resolution adopted at a regular meeting of the school board that
2574	the funds received for any of the following categorical
2575	appropriations are urgently needed to maintain school board
2576	specified academic classroom instruction, the school board may
2577	consider and approve an amendment to the school district
2578	operating budget transferring the identified amount of the
2579	categorical funds to the appropriate account for expenditure:
2580	1.  Funds for student transportation.
2581	2.  Funds for safe schools.
2582	3.  Funds for supplemental academic instruction.
2583	4.  Funds for research-based reading instruction.
2584	5.  Funds for instructional materials if all instructional
2585	material purchases necessary to provide updated materials
2586	aligned to Next Generation Sunshine State Standards and
2587	benchmarks and that meet statutory requirements of content and
2588	learning have been completed for that fiscal year, but no sooner
2589	than March 1, 2011. Funds available after March 1 may be used to
2590	purchase hardware for student instruction.
2591	Section 39.  Subsection (1) of section 1012.39, Florida
2592	Statutes, is amended to read:
2593	1012.39  Employment of substitute teachers, teachers of
2594	adult education, nondegreed teachers of career education, and
2595	career specialists; students performing clinical field
2596	experience.-
2597	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
2598	1012.57, or any other provision of law or rule to the contrary,
2599	each district school board shall establish the minimal
2600	qualifications for:
2601	(a)  Substitute teachers to be employed pursuant to s.
2602	1012.35. The qualifications shall require the filing of a
2603	complete set of fingerprints in the same manner as required by
2604	s. 1012.32; documentation of a minimum education level of a high
2605	school diploma or equivalent; and completion of an initial
2606	orientation and training program in district policies and
2607	procedures addressing school safety and security procedures,
2608	educational liability laws, professional responsibilities, and
2609	ethics.
2610	(b)  Part-time and full-time teachers in adult education
2611	programs. The qualifications shall require the filing of a
2612	complete set of fingerprints in the same manner as required by
2613	s. 1012.32. Faculty employed solely to conduct postsecondary
2614	instruction may be exempted from this requirement.
2615	(c)  Part-time and full-time nondegreed teachers of career
2616	programs. Qualifications shall be established for nondegreed
2617	teachers of career and technical education courses for program
2618	clusters that are recognized in the state and agriculture,
2619	business, health occupations, family and consumer sciences,
2620	industrial, marketing, career specialist, and public service
2621	education teachers, based primarily on successful occupational
2622	experience rather than academic training. The qualifications for
2623	such teachers shall require:
2624	1.  The filing of a complete set of fingerprints in the
2625	same manner as required by s. 1012.32. Faculty employed solely
2626	to conduct postsecondary instruction may be exempted from this
2627	requirement.
2628	2.  Documentation of education and successful occupational
2629	experience including documentation of:
2630	a.  A high school diploma or the equivalent.
2631	b.  Completion of 6 years of full-time successful
2632	occupational experience or the equivalent of part-time
2633	experience in the teaching specialization area. Alternate means
2634	of determining successful occupational experience may be
2635	established by the district school board.
2636	c.  Completion of career education training conducted
2637	through the local school district inservice master plan.
2638	d.  For full-time teachers, completion of professional
2639	education training in teaching methods, course construction,
2640	lesson planning and evaluation, and teaching special needs
2641	students. This training may be completed through coursework from
2642	an accredited or approved institution or an approved district
2643	teacher education program.
2644	e.  Demonstration of successful teaching performance.
2645	f.  Documentation of industry certification when state or
2646	national industry certifications are available and applicable.
2647	Section 40.  Except as otherwise expressly provided in this
2648	act and except for this section, which shall take effect upon
2649	becoming a law, this act shall take effect July 1, 2011.

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