CS/HB 1255

1
A bill to be entitled
2An act relating to education accountability; amending s.
31001.20, F.S.; deleting a provision that requires the
4Florida Virtual School to be administratively housed
5within the Office of Technology and Information Services
6within the Office of the Commissioner of Education;
7amending s. 1001.42, F.S.; revising the powers and duties
8of district school boards relating to student access to
9Florida Virtual School courses; creating s. 1001.421,
10F.S.; prohibiting district school board members and their
11relatives from accepting certain gifts; amending s.
121002.37, F.S.; conforming provisions to changes made by
13the act; amending s. 1002.38, F.S.; limiting the basis for
14designation of school grades for purposes of the
15Opportunity Scholarship Program; amending s. 1002.45,
16F.S.; revising provisions relating to virtual instruction
17program provider qualifications; amending s. 1002.67,
18F.S.; requiring that the State Board of Education
19periodically review and revise the performance standards
20for the statewide kindergarten screening; amending s.
211002.69, F.S.; revising provisions relating to the minimum
22kindergarten readiness rate and criteria for good cause
23exemptions from meeting the requirement; amending s.
241003.4156, F.S.; revising the general requirements for
25middle grades promotion; providing that a student with a
26disability may have end-of-course assessment results
27waived under certain circumstances; providing that a
28middle grades student may be exempt from reading
29remediation requirements under certain circumstances;
30creating s. 1003.4203, F.S.; authorizing each district
31school board to develop and implement a digital curriculum
32for students in grades 6 through 12; requiring the
33Department of Education to develop a model digital
34curriculum; authorizing partnerships with private
35businesses and consultants; amending s. 1003.428, F.S.;
36revising provisions relating to the general requirements
37for high school graduation; providing that a high school
38student may be exempt from reading remediation
39requirements under certain circumstances; amending s.
401003.493, F.S.; revising provisions relating to career and
41professional academies to include middle schools;
42requiring that the middle school career and professional
43academy curriculum align with that of high school career
44and professional academies; requiring partnerships with
45high schools or other entities; amending s. 1003.575,
46F.S.; providing requirements for completion of an
47assistive technology assessment; amending s. 1008.22,
48F.S.; revising provisions relating to the student
49assessment program for public schools; requiring that the
50Commissioner of Education direct school districts to
51participate in certain international assessment programs;
52authorizing a school principal to exempt certain students
53from the end-of-course assessment in civics education;
54amending s. 1008.33, F.S.; revising provisions relating to
55public school improvement; requiring the Department of
56Education to categorize public schools based on the
57portion of a school's grade that relies on statewide
58assessments; amending s. 1008.34, F.S.; revising the basis
59for the designation of school grades; including
60achievement scores and learning gains for students who are
61hospital or homebound; requiring a school that does not
62meet minimal proficiency standards to receive a specified
63school grade; amending s. 1011.01, F.S.; revising
64provisions relating to the annual operating budgets of
65district school boards and Florida College System
66institution boards of trustees; amending s. 1011.03, F.S.;
67revising provisions relating to adopted district school
68board budgets; creating s. 1011.035, F.S.; requiring each
69school district to post budgetary information its website;
70amending s. 1012.39, F.S.; revising provisions relating to
71the qualifications for nondegreed teachers of career
72education; providing effective dates.
73
74Be It Enacted by the Legislature of the State of Florida:
75
76     Section 1.  Paragraph (a) of subsection (4) of section
771001.20, Florida Statutes, is amended to read:
78     1001.20  Department under direction of state board.-
79     (4)  The Department of Education shall establish the
80following offices within the Office of the Commissioner of
81Education which shall coordinate their activities with all other
82divisions and offices:
83     (a)  Office of Technology and Information Services.-
84Responsible for developing a systemwide technology plan, making
85budget recommendations to the commissioner, providing data
86collection and management for the system, assisting school
87districts in securing Internet access and telecommunications
88services, including those eligible for funding under the Schools
89and Libraries Program of the federal Universal Service Fund, and
90coordinating services with other state, local, and private
91agencies. The office shall develop a method to address the need
92for a statewide approach to planning and operations of library
93and information services to achieve a single K-20 education
94system library information portal and a unified higher education
95library management system. The Florida Virtual School shall be
96administratively housed within the office.
97     Section 2.  Subsection (23) of section 1001.42, Florida
98Statutes, is amended to read:
99     1001.42  Powers and duties of district school board.-The
100district school board, acting as a board, shall exercise all
101powers and perform all duties listed below:
102     (23)  FLORIDA VIRTUAL SCHOOL.-Provide students with access
103to enroll in courses available through the Florida Virtual
104School and award credit for successful completion of such
105courses. Access shall be available to students during and or
106after the normal school day and through summer school
107enrollment.
108     Section 3.  Section 1001.421, Florida Statutes, is created
109to read:
110     1001.421  Gifts.-Notwithstanding ss. 112.3148 and 112.3149
111or any other provision of law to the contrary, district school
112board members and their relatives, as defined in s. 112.312(21),
113may not directly or indirectly solicit or accept any gift, as
114defined in s. 112.312(12), from any person, vendor, potential
115vendor, or other entity doing business with the school district.
116     Section 4.  Paragraph (a) of subsection (1) of section
1171002.37, Florida Statutes, is amended to read:
118     1002.37  The Florida Virtual School.-
119     (1)(a)  The Florida Virtual School is established for the
120development and delivery of online and distance learning
121education and shall be administratively housed within the
122Commissioner of Education's Office of Technology and Information
123Services. The Commissioner of Education shall monitor the
124school's performance and report its performance to the State
125Board of Education and the Legislature.
126
127The board of trustees of the Florida Virtual School shall
128identify appropriate performance measures and standards based on
129student achievement that reflect the school's statutory mission
130and priorities, and shall implement an accountability system for
131the school that includes assessment of its effectiveness and
132efficiency in providing quality services that encourage high
133student achievement, seamless articulation, and maximum access.
134     Section 5.  Subsection (2) of section 1002.38, Florida
135Statutes, is amended to read:
136     1002.38  Opportunity Scholarship Program.-
137     (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-For purposes of
138this section, eligibility requirements relating to a school's
139grade, pursuant to s. 1008.34, shall be determined only by that
140portion of the school grade which is based on statewide
141assessments administered pursuant to s. 1008.22. A public school
142student's parent may request and receive from the state an
143opportunity scholarship for the student to enroll in and attend
144a private school in accordance with the provisions of this
145section if:
146     (a)1.  By assigned school attendance area or by special
147assignment, the student has spent the prior school year in
148attendance at a public school that has been designated pursuant
149to s. 1008.34 as performance grade category "F," failing to make
150adequate progress, and that has had 2 school years in a 4-year
151period of such low performance, and the student's attendance
152occurred during a school year in which such designation was in
153effect;
154     2.  The student has been in attendance elsewhere in the
155public school system and has been assigned to such school for
156the next school year; or
157     3.  The student is entering kindergarten or first grade and
158has been notified that the student has been assigned to such
159school for the next school year.
160     (b)  The parent has obtained acceptance for admission of
161the student to a private school eligible for the program
162pursuant to subsection (4), and has notified the Department of
163Education and the school district of the request for an
164opportunity scholarship no later than July 1 of the first year
165in which the student intends to use the scholarship.
166
167The provisions of this section shall not apply to a student who
168is enrolled in a school operating for the purpose of providing
169educational services to youth in Department of Juvenile Justice
170commitment programs. For purposes of continuity of educational
171choice, the opportunity scholarship shall remain in force until
172the student returns to a public school or, if the student
173chooses to attend a private school the highest grade of which is
174grade 8, until the student matriculates to high school and the
175public high school to which the student is assigned is an
176accredited school with a performance grade category designation
177of "C" or better. However, at any time upon reasonable notice to
178the Department of Education and the school district, the
179student's parent may remove the student from the private school
180and place the student in a public school, as provided in
181subparagraph (3)(a)2.
182     Section 6.  Paragraph (b) of subsection (2) of section
1831002.45, Florida Statutes, is amended to read:
184     1002.45  School district virtual instruction programs.-
185     (2)  PROVIDER QUALIFICATIONS.-
186     (b)  An approved provider shall retain its approved status
187during the 3 school years for a period of 3 years after the date
188of the department's approval under paragraph (a) as long as the
189provider continues to comply with all requirements of this
190section.
191     Section 7.  Subsection (1) and paragraph (c) of subsection
192(3) of section 1002.67, Florida Statutes, are amended to read:
193     1002.67  Performance standards; curricula and
194accountability.-
195     (1)(a)  By April 1, 2005, the department shall develop and
196adopt performance standards for students in the Voluntary
197Prekindergarten Education Program. The performance standards
198must address the age-appropriate progress of students in the
199development of:
200     1.(a)  The capabilities, capacities, and skills required
201under s. 1(b), Art. IX of the State Constitution; and
202     2.(b)  Emergent literacy skills, including oral
203communication, knowledge of print and letters, phonemic and
204phonological awareness, and vocabulary and comprehension
205development.
206     (b)  The State Board of Education shall periodically review
207and revise the performance standards for the statewide
208kindergarten screening administered under s. 1002.69 and align
209the standards to the standards established by the state board
210for student performance on the statewide assessments
211administered pursuant to s. 1008.22.
212     (3)
213     (c)1.  If the kindergarten readiness rate of a private
214prekindergarten provider or public school falls below the
215minimum rate adopted by the State Board of Education as
216satisfactory under s. 1002.69(6), the early learning coalition
217or school district, as applicable, shall require the provider or
218school to submit an improvement plan for approval by the
219coalition or school district, as applicable, and to implement
220the plan.
221     2.  If a private prekindergarten provider or public school
222fails to meet the minimum rate adopted by the State Board of
223Education as satisfactory under s. 1002.69(6) for 2 consecutive
224years, the early learning coalition or school district, as
225applicable, shall place the provider or school on probation and
226must require the provider or school to take certain corrective
227actions, including the use of a curriculum approved by the
228department under paragraph (2)(c).
229     3.  A private prekindergarten provider or public school
230that is placed on probation must continue the corrective actions
231required under subparagraph 2., including the use of a
232curriculum approved by the department, until the provider or
233school meets the minimum rate adopted by the State Board of
234Education as satisfactory under s. 1002.69(6).
235     4.  If a private prekindergarten provider or public school
236remains on probation for 2 consecutive years and fails to meet
237the minimum rate adopted by the State Board of Education as
238satisfactory under s. 1002.69(6) and is not granted a good cause
239exemption by the department pursuant to s. 1002.69(7), the
240Agency for Workforce Innovation shall require the early learning
241coalition or the Department of Education shall require the
242school district to remove, as applicable, the provider or school
243from eligibility to deliver the Voluntary Prekindergarten
244Education Program and receive state funds for the program.
245     Section 8.  Subsection (6) and paragraphs (b) and (c) of
246subsection (7) of section 1002.69, Florida Statutes, are amended
247to read:
248     1002.69  Statewide kindergarten screening; kindergarten
249readiness rates.-
250     (6)(a)  The State Board of Education shall periodically
251adopt a minimum kindergarten readiness rate that, if achieved by
252a private prekindergarten provider or public school, would
253demonstrate the provider's or school's satisfactory delivery of
254the Voluntary Prekindergarten Education Program.
255     (b)  The minimum rate must not exceed the rate at which
256more than 15 percent of the kindergarten readiness rates of all
257private prekindergarten providers and public schools delivering
258the Voluntary Prekindergarten Education Program in the state
259would fall below the minimum rate.
260     (7)
261     (b)  A private prekindergarten provider's or public
262school's request for a good cause exemption, or renewal of such
263an exemption, must be submitted to the state board in the manner
264and within the timeframes prescribed by the state board and must
265include the following:
266     1.  Submission of data by the private prekindergarten
267provider or public school which documents on a standardized
268assessment the achievement and progress of the children served
269as measured by a standardized pre-assessment and a standardized
270post-assessment approved by the department pursuant to paragraph
271(c)1.
272     2.  Submission and review of data available from the
273respective early learning coalition or district school board,
274the Department of Children and Family Services, local licensing
275authority, or an accrediting association, as applicable,
276relating to the private prekindergarten provider's or public
277school's compliance with state and local health and safety
278standards.
279     3.  Submission and review of data available to the
280department on the performance of the children served and the
281calculation of the private prekindergarten provider's or public
282school's kindergarten readiness rate.
283     (c)  The State Board of Education shall adopt criteria for
284granting good cause exemptions. Such criteria shall include, but
285are not limited to:
286     1.  Learning gains of children served in the Voluntary
287Prekindergarten Education Program by the private prekindergarten
288provider or public school. A provider seeking a good cause
289exemption shall have the early learning coalition or a
290department-approved second party administer a department-
291approved standardized assessment to each child in the
292prekindergarten provider's program within the first 30 days of
293each school year for which a good cause exemption is sought, and
294the provider shall administer a department-approved standardized
295followup assessment to measure the student's learning gains for
296the year or summer, as appropriate. All data must be submitted
297to the department within 30 days after the administration of
298each assessment.
299     2.  Verification that the private prekindergarten provider
300or public school serves at least twice the statewide percentage
301of children with disabilities as defined in s. 1003.01(3)(a) or
302children identified as limited English proficient as defined in
303s. 1003.56.
304     2.3.  Verification that local and state health and safety
305requirements are met.
306     Section 9.  Subsection (1) of section 1003.4156, Florida
307Statutes, is amended to read:
308     1003.4156  General requirements for middle grades
309promotion.-
310     (1)  Beginning with students entering grade 6 in the 2006-
3112007 school year, Promotion from a school composed of middle
312grades 6, 7, and 8 requires that:
313     (a)  The student must successfully complete academic
314courses as follows:
315     1.  Three middle school or higher courses in English. These
316courses shall emphasize literature, composition, and technical
317text.
318     2.  Three middle school or higher courses in mathematics.
319Each middle school must offer at least one high school level
320mathematics course for which students may earn high school
321credit. Successful completion of a high school level Algebra I
322or geometry course is not contingent upon the student's
323performance on the end-of-course assessment required under s.
3241008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
325school year, to earn high school credit for an Algebra I course,
326a middle school student must pass the Algebra I end-of-course
327assessment, and beginning with the 2012-2013 school year, to
328earn high school credit for a geometry course, a middle school
329student must pass the geometry end-of-course assessment.
330     3.  Three middle school or higher courses in social
331studies, one semester of which must include the study of state
332and federal government and civics education. Beginning with
333students entering grade 6 in the 2012-2013 school year, one of
334these courses must be at least a one-semester civics education
335course that a student successfully completes in accordance with
336s. 1008.22(3)(c) and that includes the roles and
337responsibilities of federal, state, and local governments; the
338structures and functions of the legislative, executive, and
339judicial branches of government; and the meaning and
340significance of historic documents, such as the Articles of
341Confederation, the Declaration of Independence, and the
342Constitution of the United States.
343     4.  Three middle school or higher courses in science.
344Successful completion of a high school level Biology I course is
345not contingent upon the student's performance on the end-of-
346course assessment required under s. 1008.22(3)(c)2.a.(II).
347However, beginning with the 2012-2013 school year, to earn high
348school credit for a Biology I course, a middle school student
349must pass the Biology I end-of-course assessment.
350     5.  One course in career and education planning to be
351completed in 7th or 8th grade. The course may be taught by any
352member of the instructional staff; must include career
353exploration using Florida CHOICES or a comparable cost-effective
354program; must include educational planning using the online
355student advising system known as Florida Academic Counseling and
356Tracking for Students at the Internet website FACTS.org; and
357shall result in the completion of a personalized academic and
358career plan. The required personalized academic and career plan
359must inform students of high school graduation requirements,
360high school assessment and college entrance test requirements,
361Florida Bright Futures Scholarship Program requirements, state
362university and Florida college admission requirements, and
363programs through which a high school student can earn college
364credit, including Advanced Placement, International
365Baccalaureate, Advanced International Certificate of Education,
366dual enrollment, career academy opportunities, and courses that
367lead to national industry certification.
368
369A student with a disability, as defined in s. 1007.02(2), for
370whom the individual education plan team determines that an end-
371of-course assessment cannot accurately measure the student's
372abilities, taking into consideration all allowable
373accommodations, shall have the end-of-course assessment results
374waived for purposes of determining the student's course grade
375and completing the requirements for middle grades promotion.
376Each school must hold a parent meeting either in the evening or
377on a weekend to inform parents about the course curriculum and
378activities. Each student shall complete an electronic personal
379education plan that must be signed by the student; the student's
380instructor, guidance counselor, or academic advisor; and the
381student's parent. The Department of Education shall develop
382course frameworks and professional development materials for the
383career exploration and education planning course. The course may
384be implemented as a stand-alone course or integrated into
385another course or courses. The Commissioner of Education shall
386collect longitudinal high school course enrollment data by
387student ethnicity in order to analyze course-taking patterns.
388     (b)  For each year in which a student scores at Level l on
389FCAT Reading, the student must be enrolled in and complete an
390intensive reading course the following year. Placement of Level
3912 readers in either an intensive reading course or a content
392area course in which reading strategies are delivered shall be
393determined by diagnosis of reading needs. The department shall
394provide guidance on appropriate strategies for diagnosing and
395meeting the varying instructional needs of students reading
396below grade level. Reading courses shall be designed and offered
397pursuant to the comprehensive reading plan required by s.
3981011.62(9). A middle grades student who scores at Level 1 or
399Level 2 on FCAT Reading but who did not score below Level 3 in
400the previous 3 years may be granted a 1-year exemption from the
401reading remediation requirement; however, the student must have
402an approved academic improvement plan already in place, signed
403by the appropriate school staff and the student's parent for the
404year for which the exemption is granted.
405     (c)  For each year in which a student scores at Level 1 or
406Level 2 on FCAT Mathematics, the student must receive
407remediation the following year, which may be integrated into the
408student's required mathematics course.
409     Section 10.  Section 1003.4203, Florida Statutes, is
410created to read:
411     1003.4203  Digital curriculum.-
412     (1)  Each district school board, in consultation with the
413district school superintendent, may develop and implement a
414digital curriculum for students in grades 6 through 12 to enable
415students to attain competencies in web communications and web
416design. A digital curriculum may include web-based skills, web-
417based core technologies, web design, use of digital technologies
418and markup language to evidence competency in computer skills,
419and use of web-based core technologies to design creative,
420informational, and content standards for web-based digital
421products that demonstrate proficiency in creating, publishing,
422testing, monitoring, and maintaining a website.
423     (2)  The digital curriculum instruction may be integrated
424into middle school and high school subject area curricula or
425offered as a separate course, subject to available funding.
426     (3)  The Department of Education shall develop a model
427digital curriculum to serve as a guide for district school
428boards in the development of a digital curriculum.
429     (4)  A district school board may seek partnerships with
430private businesses and consultants to offer classes and
431instruction to teachers and students to assist the school
432district in providing digital curriculum instruction.
433     Section 11.  Paragraph (b) of subsection (2) of section
4341003.428, Florida Statutes, is amended to read:
435     1003.428  General requirements for high school graduation;
436revised.-
437     (2)  The 24 credits may be earned through applied,
438integrated, and combined courses approved by the Department of
439Education. The 24 credits shall be distributed as follows:
440     (b)  Eight credits in electives.
441     1.  For each year in which a student scores at Level 1 on
442FCAT Reading, the student must be enrolled in and complete an
443intensive reading course the following year. Placement of Level
4442 readers in either an intensive reading course or a content
445area course in which reading strategies are delivered shall be
446determined by diagnosis of reading needs. The department shall
447provide guidance on appropriate strategies for diagnosing and
448meeting the varying instructional needs of students reading
449below grade level. Reading courses shall be designed and offered
450pursuant to the comprehensive reading plan required by s.
4511011.62(9). A high school student who scores at Level 1 or Level
4522 on FCAT Reading but who did not score below Level 3 in the
453previous 3 years may be granted a 1-year exemption from the
454reading remediation requirement; however, the student must have
455an approved academic improvement plan already in place, signed
456by the appropriate school staff and the student's parent for the
457year for which the exemption is granted.
458     2.  For each year in which a student scores at Level 1 or
459Level 2 on FCAT Mathematics, the student must receive
460remediation the following year. These courses may be taught
461through applied, integrated, or combined courses and are subject
462to approval by the department for inclusion in the Course Code
463Directory.
464     Section 12.  Section 1003.493, Florida Statutes, is amended
465to read:
466     1003.493  Career and professional academies.-
467     (1)  A "career and professional academy" is a research-
468based program that integrates a rigorous academic curriculum
469with an industry-specific curriculum aligned directly to
470priority workforce needs established by the regional workforce
471board. High school career and professional academies shall, and
472middle school career and professional academies may, be offered
473by public schools and school districts. The Florida Virtual
474School is encouraged to develop and offer rigorous career and
475professional courses as appropriate. Students completing high
476school career and professional academy programs must receive a
477standard high school diploma, the highest available industry
478certification, and opportunities to earn postsecondary credit if
479the academy partners with a postsecondary institution approved
480to operate in the state. Students completing a middle school
481career and professional academy program must have the
482opportunity to earn an industry certification, earn high school
483credit, and participate in career planning, job shadowing, and
484leadership-development opportunities.
485     (2)  The goals of a career and professional academy are to:
486     (a)  Increase student academic achievement and graduation
487rates through integrated academic and career curricula.
488     (b)  Prepare graduating high school students to make
489appropriate choices relative to employment and future
490educational experiences.
491     (c)  Focus on career preparation through rigorous academics
492and industry certification.
493     (d)  Raise student aspiration and commitment to academic
494achievement and work ethics through relevant coursework.
495     (e)  Support graduation requirements pursuant to s.
4961003.428 by providing creative, applied major areas of interest.
497     (f)  Promote acceleration mechanisms, such as dual
498enrollment, articulated credit, or occupational completion
499points, so that students may earn postsecondary credit while in
500high school.
501     (g)  Support the state's economy by meeting industry needs
502for skilled employees in high-demand occupations.
503     (3)  Existing career education courses may serve as a
504foundation for the creation of a career and professional
505academy. A career and professional academy may be offered as one
506of the following small learning communities:
507     (a)  A school-within-a-school career academy, as part of an
508existing middle school or high school, that provides courses in
509one occupational cluster. Students in the middle school or high
510school are not required to be students in the academy.
511     (b)  A total school configuration providing multiple
512academies, each structured around an occupational cluster. Every
513student in the school is in an academy.
514     (4)  Each middle school or high school career and
515professional academy must:
516     (a)  provide a rigorous standards-based academic curriculum
517integrated with a career curriculum. The curriculum must take
518into consideration multiple styles of student learning; promote
519learning by doing through application and adaptation; maximize
520relevance of the subject matter; enhance each student's capacity
521to excel; and include an emphasis on work habits and work
522ethics.
523     (5)(b)  Each middle school or high school career and
524professional academy must include one or more partnerships with
525postsecondary institutions, businesses, industry, employers,
526economic development organizations, or other appropriate
527partners from the local community. Such partnerships shall be
528delineated in articulation agreements to provide for career-
529based courses that earn postsecondary credit. Such agreements
530may include articulation between the academy and public or
531private 2-year and 4-year postsecondary institutions and
532technical centers. The Department of Education, in consultation
533with the Board of Governors, shall establish a mechanism to
534ensure articulation and transfer of credits to postsecondary
535institutions in this state. Such partnerships must provide
536opportunities for:
537     (a)1.  Instruction from highly skilled professionals who
538possess industry-certification credentials for courses they are
539teaching.
540     (b)2.  Internships, externships, and on-the-job training.
541     (c)3.  A postsecondary degree, diploma, or certificate.
542     (d)4.  The highest available level of industry
543certification.
544     (e)5.  Maximum articulation of credits pursuant to s.
5451007.23 upon program completion.
546     (6)(c)  Each middle school or high school career and
547professional academy must:
548     (a)  Provide shared, maximum use of private sector
549facilities and personnel.
550     (b)(d)  Provide personalized student advisement, including
551a parent-participation component, and coordination of high
552schools with middle schools to promote and support career
553exploration and education planning as required under s.
5541003.4156. Coordination of high schools with middle schools must
555provide information to middle school students about secondary
556and postsecondary career education programs and academies.
557     (c)(e)  Promote and provide opportunities for career and
558professional academy students to attain, at minimum, the Florida
559Gold Seal Vocational Scholars award pursuant to s. 1009.536.
560     (d)(f)  Provide instruction in careers designated as high
561growth, high demand, and high pay by the local workforce
562development board, the chamber of commerce, or the Agency for
563Workforce Innovation.
564     (e)(g)  Deliver academic content through instruction
565relevant to the career, including intensive reading and
566mathematics intervention required by s. 1003.428, with an
567emphasis on strengthening reading for information skills.
568     (f)(h)  Offer applied courses that combine academic content
569with technical skills.
570     (g)(i)  Provide instruction resulting in competency,
571certification, or credentials in workplace skills, including,
572but not limited to, communication skills, interpersonal skills,
573decisionmaking skills, the importance of attendance and
574timeliness in the work environment, and work ethics.
575     (h)(j)  Provide opportunities for students to obtain the
576Florida Ready to Work Certification pursuant to s. 1004.99.
577     (i)(k)  Include an evaluation plan developed jointly with
578the Department of Education and the local workforce board. The
579evaluation plan must include an assessment tool based on
580national industry standards, such as the Career Academy National
581Standards of Practice, and outcome measures, including, but not
582limited to, achievement of national industry certifications
583identified in the Industry Certification Funding List, pursuant
584to rules adopted by the State Board of Education, graduation
585rates, enrollment in postsecondary education, business and
586industry satisfaction, employment and earnings, awards of
587postsecondary credit and scholarships, and student achievement
588levels and learning gains on statewide assessments administered
589under s. 1008.22(3)(c). The Department of Education shall use
590Workforce Florida, Inc., and Enterprise Florida, Inc., in
591identifying industry experts to participate in developing and
592implementing such assessments.
593     (j)(l)  Include a plan to sustain career and professional
594academies.
595     (k)(m)  Redirect appropriated career funding to career and
596professional academies.
597     (7)(5)  All high school career courses offered in a career
598and professional academy must lead to industry certification or
599college credit linked directly to the career theme of the
600course. At least 50 percent of students enrolled in a career
601course must achieve industry certifications or college credits
602during the second year the course is offered in order for the
603course to be offered a third year. At least 66 percent of
604students enrolled in such a course must achieve industry
605certifications or college credits during the third year the
606course is offered in order for it to be offered a fourth year
607and thereafter.
608     (8)  Each middle school career and professional academy's
609curriculum and coursework must be aligned with that of high
610school career and professional academies in the school district
611and include one or more partnerships with high schools,
612businesses, industry, employers, economic development
613organizations, or other appropriate partners from the local
614community. Such partnerships must provide opportunities for:
615     (a)  Instruction from highly skilled professionals who
616possess industry-certification credentials for courses they are
617teaching.
618     (b)  Internships and externships.
619     (c)  Maximum articulation of high school dual enrollment
620credits upon program completion.
621     (d)  Personalized student advisement, including a parent-
622participation component, and coordination with high schools to
623promote accelerated course credit.
624     (e)  Instruction in careers designated as high growth, high
625demand, and high pay by the local workforce development board,
626the chamber of commerce, or the Agency for Workforce Innovation.
627     (f)  The delivery of academic content through instruction
628that is relevant to a career, including intensive reading and
629mathematics intervention required by ss. 1003.4156 and 1003.428,
630along with an emphasis on strengthening reading for information
631skills.
632     (g)  Applied courses that combine academic content with
633technical skills.
634     (h)  Instruction resulting in competency, including, but
635not limited to, communication skills, interpersonal skills,
636decisionmaking skills, the importance of attendance and
637timeliness in the work environment, and work ethics.
638     (i)  An evaluation plan developed jointly with the
639Department of Education and the local workforce board. The
640department shall consult with Workforce Florida, Inc., and
641Enterprise Florida, Inc., in identifying industry experts to
642participate in developing and implementing evaluation
643assessments.
644     (6)  The Okaloosa County School District CHOICE Institutes
645shall serve in an advisory role and shall offer technical
646assistance in the development of newly established career and
647professional academies for a 3-year period beginning July 1,
6482007.
649     Section 13.  Section 1003.575, Florida Statutes, is amended
650to read:
651     1003.575  Assistive technology devices; findings;
652interagency agreements.-Accessibility, utilization, and
653coordination of appropriate assistive technology devices and
654services are essential as a young person with disabilities moves
655from early intervention to preschool, from preschool to school,
656from one school to another, and from school to employment or
657independent living. Within 60 school days after receiving a
658request for an assistive technology assessment for a student
659with a disability as defined in s. 1003.01(3), the individual
660education plan team shall seek consent from the parent and, if
661consent is granted, the school district shall complete the
662assessment. To ensure that an assistive technology device issued
663to a young person as part of his or her individualized family
664support plan, individual support plan, or an individual
665education plan remains with the individual through such
666transitions, the following agencies shall enter into interagency
667agreements, as appropriate, to ensure the transaction of
668assistive technology devices:
669     (1)  The Florida Infants and Toddlers Early Intervention
670Program in the Division of Children's Medical Services of the
671Department of Health.
672     (2)  The Division of Blind Services, the Bureau of
673Exceptional Education and Student Services, and the Division of
674Vocational Rehabilitation of the Department of Education.
675     (3)  The Voluntary Prekindergarten Education Program
676administered by the Department of Education and the Agency for
677Workforce Innovation.
678
679Interagency agreements entered into pursuant to this section
680shall provide a framework for ensuring that young persons with
681disabilities and their families, educators, and employers are
682informed about the utilization and coordination of assistive
683technology devices and services that may assist in meeting
684transition needs, and shall establish a mechanism by which a
685young person or his or her parent may request that an assistive
686technology device remain with the young person as he or she
687moves through the continuum from home to school to postschool.
688     Section 14.  Effective upon this act becoming a law,
689subsection (2) and paragraph (c) of subsection (3) of section
6901008.22, Florida Statutes, are amended to read:
691     1008.22  Student assessment program for public schools.-
692     (2)  NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.-It
693is Florida's intent to participate in the measurement of
694national educational goals. The Commissioner of Education shall
695direct Florida school districts to participate in the
696administration of the National Assessment of Educational
697Progress, or a similar national or international assessment
698program, both for the national sample and for any state-by-state
699comparison programs which may be initiated. The assessments must
700be conducted using the data collection procedures, the student
701surveys, the educator surveys, and other instruments included in
702the National Assessment of Educational Progress or similar
703national or international assessment program being administered
704in Florida. The results of these assessments shall be included
705in the annual report of the Commissioner of Education specified
706in this section, as applicable. The administration of the
707National Assessment of Educational Progress or similar national
708or international assessment program shall be in addition to and
709separate from the administration of the statewide assessment
710program.
711     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
712design and implement a statewide program of educational
713assessment that provides information for the improvement of the
714operation and management of the public schools, including
715schools operating for the purpose of providing educational
716services to youth in Department of Juvenile Justice programs.
717The commissioner may enter into contracts for the continued
718administration of the assessment, testing, and evaluation
719programs authorized and funded by the Legislature. Contracts may
720be initiated in 1 fiscal year and continue into the next and may
721be paid from the appropriations of either or both fiscal years.
722The commissioner is authorized to negotiate for the sale or
723lease of tests, scoring protocols, test scoring services, and
724related materials developed pursuant to law. Pursuant to the
725statewide assessment program, the commissioner shall:
726     (c)  Develop and implement a student achievement testing
727program as follows:
728     1.  The Florida Comprehensive Assessment Test (FCAT)
729measures a student's content knowledge and skills in reading,
730writing, science, and mathematics. The content knowledge and
731skills assessed by the FCAT must be aligned to the core
732curricular content established in the Next Generation Sunshine
733State Standards. Other content areas may be included as directed
734by the commissioner. Comprehensive assessments of reading and
735mathematics shall be administered annually in grades 3 through
73610 except, beginning with the 2010-2011 school year, the
737administration of grade 9 FCAT Mathematics shall be
738discontinued, and beginning with the 2011-2012 school year, the
739administration of grade 10 FCAT Mathematics shall be
740discontinued, except as required for students who have not
741attained minimum performance expectations for graduation as
742provided in paragraph (9)(c). FCAT Writing and FCAT Science
743shall be administered at least once at the elementary, middle,
744and high school levels except, beginning with the 2011-2012
745school year, the administration of FCAT Science at the high
746school level shall be discontinued.
747     2.a.  End-of-course assessments for a subject shall be
748administered in addition to the comprehensive assessments
749required under subparagraph 1. End-of-course assessments must be
750rigorous, statewide, standardized, and developed or approved by
751the department. The content knowledge and skills assessed by
752end-of-course assessments must be aligned to the core curricular
753content established in the Next Generation Sunshine State
754Standards.
755     (I)  Statewide, standardized end-of-course assessments in
756mathematics shall be administered according to this sub-sub-
757subparagraph. Beginning with the 2010-2011 school year, all
758students enrolled in Algebra I or an equivalent course must take
759the Algebra I end-of-course assessment. Students who earned high
760school credit in Algebra I while in grades 6 through 8 during
761the 2007-2008 through 2009-2010 school years and who have not
762taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
763course assessment during the 2010-2011 school year. For students
764entering grade 9 during the 2010-2011 school year and who are
765enrolled in Algebra I or an equivalent, each student's
766performance on the end-of-course assessment in Algebra I shall
767constitute 30 percent of the student's final course grade.
768Beginning with students entering grade 9 in the 2011-2012 school
769year, a student who is enrolled in Algebra I or an equivalent
770must earn a passing score on the end-of-course assessment in
771Algebra I or attain an equivalent score as described in
772subsection (11) in order to earn course credit. Beginning with
773the 2011-2012 school year, all students enrolled in geometry or
774an equivalent course must take the geometry end-of-course
775assessment. For students entering grade 9 during the 2011-2012
776school year, each student's performance on the end-of-course
777assessment in geometry shall constitute 30 percent of the
778student's final course grade. Beginning with students entering
779grade 9 during the 2012-2013 school year, a student must earn a
780passing score on the end-of-course assessment in geometry or
781attain an equivalent score as described in subsection (11) in
782order to earn course credit.
783     (II)  Statewide, standardized end-of-course assessments in
784science shall be administered according to this sub-sub-
785subparagraph. Beginning with the 2011-2012 school year, all
786students enrolled in Biology I or an equivalent course must take
787the Biology I end-of-course assessment. For the 2011-2012 school
788year, each student's performance on the end-of-course assessment
789in Biology I shall constitute 30 percent of the student's final
790course grade. Beginning with students entering grade 9 during
791the 2012-2013 school year, a student must earn a passing score
792on the end-of-course assessment in Biology I in order to earn
793course credit.
794     b.  During the 2012-2013 school year, an end-of-course
795assessment in civics education shall be administered as a field
796test at the middle school level. During the 2013-2014 school
797year, each student's performance on the statewide, standardized
798end-of-course assessment in civics education shall constitute 30
799percent of the student's final course grade. Beginning with the
8002014-2015 school year, a student must earn a passing score on
801the end-of-course assessment in civics education in order to
802pass the course and be promoted from the middle grades receive
803course credit. The school principal of a middle school shall
804determine, in accordance with State Board of Education rule,
805whether a student who transfers to the middle school and who has
806successfully completed a civics education course at the
807student's previous school must take an end-of-course assessment
808in civics education.
809     c.  The commissioner may select one or more nationally
810developed comprehensive examinations, which may include, but
811need not be limited to, examinations for a College Board
812Advanced Placement course, International Baccalaureate course,
813or Advanced International Certificate of Education course, or
814industry-approved examinations to earn national industry
815certifications identified in the Industry Certification Funding
816List, pursuant to rules adopted by the State Board of Education,
817for use as end-of-course assessments under this paragraph, if
818the commissioner determines that the content knowledge and
819skills assessed by the examinations meet or exceed the grade
820level expectations for the core curricular content established
821for the course in the Next Generation Sunshine State Standards.
822The commissioner may collaborate with the American Diploma
823Project in the adoption or development of rigorous end-of-course
824assessments that are aligned to the Next Generation Sunshine
825State Standards.
826     d.  Contingent upon funding provided in the General
827Appropriations Act, including the appropriation of funds
828received through federal grants, the Commissioner of Education
829shall establish an implementation schedule for the development
830and administration of additional statewide, standardized end-of-
831course assessments in English/Language Arts II, Algebra II,
832chemistry, physics, earth/space science, United States history,
833and world history. Priority shall be given to the development of
834end-of-course assessments in English/Language Arts II. The
835Commissioner of Education shall evaluate the feasibility and
836effect of transitioning from the grade 9 and grade 10 FCAT
837Reading and high school level FCAT Writing to an end-of-course
838assessment in English/Language Arts II. The commissioner shall
839report the results of the evaluation to the President of the
840Senate and the Speaker of the House of Representatives no later
841than July 1, 2011.
842     3.  The testing program shall measure student content
843knowledge and skills adopted by the State Board of Education as
844specified in paragraph (a) and measure and report student
845performance levels of all students assessed in reading, writing,
846mathematics, and science. The commissioner shall provide for the
847tests to be developed or obtained, as appropriate, through
848contracts and project agreements with private vendors, public
849vendors, public agencies, postsecondary educational
850institutions, or school districts. The commissioner shall obtain
851input with respect to the design and implementation of the
852testing program from state educators, assistive technology
853experts, and the public.
854     4.  The testing program shall be composed of criterion-
855referenced tests that shall, to the extent determined by the
856commissioner, include test items that require the student to
857produce information or perform tasks in such a way that the core
858content knowledge and skills he or she uses can be measured.
859     5.  FCAT Reading, Mathematics, and Science and all
860statewide, standardized end-of-course assessments shall measure
861the content knowledge and skills a student has attained on the
862assessment by the use of scaled scores and achievement levels.
863Achievement levels shall range from 1 through 5, with level 1
864being the lowest achievement level, level 5 being the highest
865achievement level, and level 3 indicating satisfactory
866performance on an assessment. For purposes of FCAT Writing,
867student achievement shall be scored using a scale of 1 through 6
868and the score earned shall be used in calculating school grades.
869A score shall be designated for each subject area tested, below
870which score a student's performance is deemed inadequate. The
871school districts shall provide appropriate remedial instruction
872to students who score below these levels.
873     6.  The State Board of Education shall, by rule, designate
874a passing score for each part of the grade 10 assessment test
875and end-of-course assessments. Any rule that has the effect of
876raising the required passing scores may apply only to students
877taking the assessment for the first time after the rule is
878adopted by the State Board of Education. Except as otherwise
879provided in this subparagraph and as provided in s.
8801003.428(8)(b) or s. 1003.43(11)(b), students must earn a
881passing score on grade 10 FCAT Reading and grade 10 FCAT
882Mathematics or attain concordant scores as described in
883subsection (10) in order to qualify for a standard high school
884diploma.
885     7.  In addition to designating a passing score under
886subparagraph 6., the State Board of Education shall also
887designate, by rule, a score for each statewide, standardized
888end-of-course assessment which indicates that a student is high
889achieving and has the potential to meet college-readiness
890standards by the time the student graduates from high school.
891     8.  Participation in the testing program is mandatory for
892all students attending public school, including students served
893in Department of Juvenile Justice programs, except as otherwise
894prescribed by the commissioner. A student who has not earned
895passing scores on the grade 10 FCAT as provided in subparagraph
8966. must participate in each retake of the assessment until the
897student earns passing scores or achieves scores on a
898standardized assessment which are concordant with passing scores
899pursuant to subsection (10). If a student does not participate
900in the statewide assessment, the district must notify the
901student's parent and provide the parent with information
902regarding the implications of such nonparticipation. A parent
903must provide signed consent for a student to receive classroom
904instructional accommodations that would not be available or
905permitted on the statewide assessments and must acknowledge in
906writing that he or she understands the implications of such
907instructional accommodations. The State Board of Education shall
908adopt rules, based upon recommendations of the commissioner, for
909the provision of test accommodations for students in exceptional
910education programs and for students who have limited English
911proficiency. Accommodations that negate the validity of a
912statewide assessment are not allowable in the administration of
913the FCAT or an end-of-course assessment. However, instructional
914accommodations are allowable in the classroom if included in a
915student's individual education plan. Students using
916instructional accommodations in the classroom that are not
917allowable as accommodations on the FCAT or an end-of-course
918assessment may have the FCAT or an end-of-course assessment
919requirement waived pursuant to the requirements of s.
9201003.428(8)(b) or s. 1003.43(11)(b).
921     9.  A student seeking an adult high school diploma must
922meet the same testing requirements that a regular high school
923student must meet.
924     10.  District school boards must provide instruction to
925prepare students in the core curricular content established in
926the Next Generation Sunshine State Standards adopted under s.
9271003.41, including the core content knowledge and skills
928necessary for successful grade-to-grade progression and high
929school graduation. If a student is provided with instructional
930accommodations in the classroom that are not allowable as
931accommodations in the statewide assessment program, as described
932in the test manuals, the district must inform the parent in
933writing and must provide the parent with information regarding
934the impact on the student's ability to meet expected performance
935levels in reading, writing, mathematics, and science. The
936commissioner shall conduct studies as necessary to verify that
937the required core curricular content is part of the district
938instructional programs.
939     11.  District school boards must provide opportunities for
940students to demonstrate an acceptable performance level on an
941alternative standardized assessment approved by the State Board
942of Education following enrollment in summer academies.
943     12.  The Department of Education must develop, or select,
944and implement a common battery of assessment tools that will be
945used in all juvenile justice programs in the state. These tools
946must accurately measure the core curricular content established
947in the Next Generation Sunshine State Standards.
948     13.  For students seeking a special diploma pursuant to s.
9491003.438, the Department of Education must develop or select and
950implement an alternate assessment tool that accurately measures
951the core curricular content established in the Next Generation
952Sunshine State Standards for students with disabilities under s.
9531003.438.
954     14.  The Commissioner of Education shall establish
955schedules for the administration of statewide assessments and
956the reporting of student test results. When establishing the
957schedules for the administration of statewide assessments, the
958commissioner shall consider the observance of religious and
959school holidays. The commissioner shall, by August 1 of each
960year, notify each school district in writing and publish on the
961department's Internet website the testing and reporting
962schedules for, at a minimum, the school year following the
963upcoming school year. The testing and reporting schedules shall
964require that:
965     a.  There is the latest possible administration of
966statewide assessments and the earliest possible reporting to the
967school districts of student test results which is feasible
968within available technology and specific appropriations;
969however, test results for the FCAT must be made available no
970later than the week of June 8. Student results for end-of-course
971assessments must be provided no later than 1 week after the
972school district completes testing for each course. The
973commissioner may extend the reporting schedule under exigent
974circumstances.
975     b.  Beginning with the 2010-2011 school year, FCAT Writing
976may is not be administered earlier than the week of March 1 and
977a comprehensive statewide assessment of any other subject may is
978not be administered earlier than the week of April 15.
979     c.  A statewide, standardized end-of-course assessment is
980administered during a 3-week period at the end of the course.
981The commissioner shall select a 3-week administration period for
982assessments that meets the intent of end-of-course assessments
983and provides student results prior to the end of the course.
984School districts shall select 1 testing week within the 3-week
985administration period for each end-of-course assessment. For an
986end-of-course assessment administered at the end of the first
987semester, the commissioner shall determine the most appropriate
988testing dates based on a school district's academic calendar.
989
990The commissioner may, based on collaboration and input from
991school districts, design and implement student testing programs,
992for any grade level and subject area, necessary to effectively
993monitor educational achievement in the state, including the
994measurement of educational achievement of the Next Generation
995Sunshine State Standards for students with disabilities.
996Development and refinement of assessments shall include
997universal design principles and accessibility standards that
998will prevent any unintended obstacles for students with
999disabilities while ensuring the validity and reliability of the
1000test. These principles should be applicable to all technology
1001platforms and assistive devices available for the assessments.
1002The field testing process and psychometric analyses for the
1003statewide assessment program must include an appropriate
1004percentage of students with disabilities and an evaluation or
1005determination of the effect of test items on such students.
1006     Section 15.  Paragraph (b) of subsection (3) and subsection
1007(4) of section 1008.33, Florida Statutes, are amended to read:
1008     1008.33  Authority to enforce public school improvement.-
1009     (3)
1010     (b)  For the purpose of determining whether a public school
1011requires action to achieve a sufficient level of school
1012improvement, beginning with the 2010-2011 school year, the
1013Department of Education shall annually categorize a public
1014school in one of six categories based on the following:
1015     1.  The portion of a school's grade based upon statewide
1016assessments administered pursuant to s. 1008.22; and
1017     2.  school's grade, pursuant to s. 1008.34, and The level
1018and rate of change in student performance in the areas of
1019reading and mathematics, disaggregated into student subgroups as
1020described in the federal Elementary and Secondary Education Act,
102120 U.S.C. s. 6311(b)(2)(C)(v)(II).
1022     (4)  The Department of Education shall create a matrix that
1023reflects intervention and support strategies to address the
1024particular needs of schools in each category.
1025     (a)  Intervention and support strategies shall be applied
1026to schools based upon the school categorization pursuant to
1027paragraph (3)(b). The Department of Education shall apply the
1028most intense intervention strategies to the lowest-performing
1029schools. For all but the lowest category and "F" schools in the
1030second lowest category, the intervention and support strategies
1031shall be administered solely by the districts and the schools.
1032     (b)  The lowest-performing schools are schools that are
1033categorized pursuant to paragraph (3)(b) and have received:
1034     1.  A grade of "F" in the most recent school year and in 4
1035of the last 6 years; or
1036     2.  A grade of "D" or "F" in the most recent school year
1037and meet at least three of the following criteria:
1038     a.  The percentage of students who are not proficient in
1039reading has increased when compared to measurements taken 5
1040years previously;
1041     b.  The percentage of students who are not proficient in
1042mathematics has increased when compared to measurements taken 5
1043years previously;
1044     c.  At least 65 percent of the school's students are not
1045proficient in reading; or
1046     d.  At least 65 percent of the school's students are not
1047proficient in mathematics.
1048     Section 16.  Subsection (3) of section 1008.34, Florida
1049Statutes, is amended to read:
1050     1008.34  School grading system; school report cards;
1051district grade.-
1052     (3)  DESIGNATION OF SCHOOL GRADES.-
1053     (a)  Each school that has students who are tested and
1054included in the school grading system shall receive a school
1055grade, except as follows:
1056     1.  A school shall not receive a school grade if the number
1057of its students tested and included in the school grading system
1058is less than the minimum sample size necessary, based on
1059accepted professional practice, for statistical reliability and
1060prevention of the unlawful release of personally identifiable
1061student data under s. 1002.22 or 20 U.S.C. s. 1232g.
1062     2.  An alternative school may choose to receive a school
1063grade under this section or a school improvement rating under s.
10641008.341. For charter schools that meet the definition of an
1065alternative school pursuant to State Board of Education rule,
1066the decision to receive a school grade is the decision of the
1067charter school governing board.
1068     3.  A school that serves any combination of students in
1069kindergarten through grade 3 which does not receive a school
1070grade because its students are not tested and included in the
1071school grading system shall receive the school grade designation
1072of a K-3 feeder pattern school identified by the Department of
1073Education and verified by the school district. A school feeder
1074pattern exists if at least 60 percent of the students in the
1075school serving a combination of students in kindergarten through
1076grade 3 are scheduled to be assigned to the graded school.
1077     (b)1.  A school's grade shall be based on a combination of:
1078     a.  Student achievement scores, including achievement on
1079all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1080of-course assessments administered under s. 1008.22(3)(c)2.a.,
1081and achievement scores for students seeking a special diploma.
1082     b.  Student learning gains in reading and mathematics as
1083measured by FCAT and end-of-course assessments, as described in
1084s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1085a special diploma, as measured by an alternate assessment tool,
1086shall be included not later than the 2009-2010 school year.
1087     c.  Improvement of the lowest 25th percentile of students
1088in the school in reading and mathematics on the FCAT or end-of-
1089course assessments described in s. 1008.22(3)(c)2.a., unless
1090these students are exhibiting satisfactory performance.
1091     2.  Beginning with the 2011-2012 school year, for schools
1092comprised of middle school grades 6 through 8 or grades 7 and 8,
1093the school's grade shall include the performance and
1094participation of its students enrolled in high school level
1095courses with end-of-course assessments administered under s.
10961008.22(3)(c)2.a. Performance and participation must be weighted
1097equally.
1098     3.2.  Beginning with the 2009-2010 school year for schools
1099comprised of high school grades 9, 10, 11, and 12, or grades 10,
110011, and 12, 50 percent of the school grade shall be based on a
1101combination of the factors listed in sub-subparagraphs 1.a.-c.
1102and the remaining 50 percent on the following factors:
1103     a.  The high school graduation rate of the school;
1104     b.  As valid data becomes available, the performance and
1105participation of the school's students in College Board Advanced
1106Placement courses, International Baccalaureate courses, dual
1107enrollment courses, and Advanced International Certificate of
1108Education courses; and the students' achievement of national
1109industry certification identified in the Industry Certification
1110Funding List, pursuant to rules adopted by the State Board of
1111Education;
1112     c.  Postsecondary readiness of the school's students as
1113measured by the SAT, ACT, or the common placement test;
1114     d.  The high school graduation rate of at-risk students who
1115scored at Level 2 or lower on the grade 8 FCAT Reading and
1116Mathematics examinations;
1117     e.  As valid data becomes available, the performance of the
1118school's students on statewide standardized end-of-course
1119assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1120     f.  The growth or decline in the components listed in sub-
1121subparagraphs a.-e. from year to year.
1122     (c)  Student assessment data used in determining school
1123grades shall include:
1124     1.  The aggregate scores of all eligible students enrolled
1125in the school who have been assessed on the FCAT and statewide,
1126standardized end-of-course assessments in courses required for
1127high school graduation, including, beginning with the 2010-2011
1128school year, the end-of-course assessment in Algebra I; and
1129beginning with the 2011-2012 school year, the end-of-course
1130assessments in geometry and Biology; and beginning with the
11312013-2014 school year, on the statewide, standardized end-of-
1132course assessment in civics education at the middle school
1133level.
1134     2.  The aggregate scores of all eligible students enrolled
1135in the school who have been assessed on the FCAT and end-of-
1136course assessments as described in s. 1008.22(3)(c)2.a., and who
1137have scored at or in the lowest 25th percentile of students in
1138the school in reading and mathematics, unless these students are
1139exhibiting satisfactory performance.
1140     3.  The achievement scores and learning gains of eligible
1141students attending alternative schools that provide dropout
1142prevention and academic intervention services pursuant to s.
11431003.53. The term "eligible students" in this subparagraph does
1144not include students attending an alternative school who are
1145subject to district school board policies for expulsion for
1146repeated or serious offenses, who are in dropout retrieval
1147programs serving students who have officially been designated as
1148dropouts, or who are in programs operated or contracted by the
1149Department of Juvenile Justice. The student performance data for
1150eligible students identified in this subparagraph shall be
1151included in the calculation of the home school's grade. As used
1152in this subparagraph section and s. 1008.341, the term "home
1153school" means the school to which the student would be assigned
1154if the student were not assigned to an alternative school. If an
1155alternative school chooses to be graded under this section,
1156student performance data for eligible students identified in
1157this subparagraph shall not be included in the home school's
1158grade but shall be included only in the calculation of the
1159alternative school's grade. A school district that fails to
1160assign the FCAT and end-of-course assessment as described in s.
11611008.22(3)(c)2.a. scores of each of its students to his or her
1162home school or to the alternative school that receives a grade
1163shall forfeit Florida School Recognition Program funds for 1
1164fiscal year. School districts must require collaboration between
1165the home school and the alternative school in order to promote
1166student success. This collaboration must include an annual
1167discussion between the principal of the alternative school and
1168the principal of each student's home school concerning the most
1169appropriate school assignment of the student.
1170     4.  The achievement scores and learning gains of students
1171designated as hospital or homebound. Student assessment data for
1172students designated as hospital or homebound shall be assigned
1173to their home school for the purposes of school grades. As used
1174in this subparagraph, the term "home school" means the school to
1175which a student would be assigned if the student were not
1176assigned to a hospital or homebound program.
1177     5.4.  For schools comprised of high school grades 9, 10,
117811, and 12, or grades 10, 11, and 12, the data listed in
1179subparagraphs 1.-3. and the following data as the Department of
1180Education determines such data are valid and available:
1181     a.  The high school graduation rate of the school as
1182calculated by the Department of Education;
1183     b.  The participation rate of all eligible students
1184enrolled in the school and enrolled in College Board Advanced
1185Placement courses; International Baccalaureate courses; dual
1186enrollment courses; Advanced International Certificate of
1187Education courses; and courses or sequence of courses leading to
1188national industry certification identified in the Industry
1189Certification Funding List, pursuant to rules adopted by the
1190State Board of Education;
1191     c.  The aggregate scores of all eligible students enrolled
1192in the school in College Board Advanced Placement courses,
1193International Baccalaureate courses, and Advanced International
1194Certificate of Education courses;
1195     d.  Earning of college credit by all eligible students
1196enrolled in the school in dual enrollment programs under s.
11971007.271;
1198     e.  Earning of a national industry certification identified
1199in the Industry Certification Funding List, pursuant to rules
1200adopted by the State Board of Education;
1201     f.  The aggregate scores of all eligible students enrolled
1202in the school in reading, mathematics, and other subjects as
1203measured by the SAT, the ACT, and the common placement test for
1204postsecondary readiness;
1205     g.  The high school graduation rate of all eligible at-risk
1206students enrolled in the school who scored at Level 2 or lower
1207on the grade 8 FCAT Reading and Mathematics examinations;
1208     h.  The performance of the school's students on statewide
1209standardized end-of-course assessments administered under s.
12101008.22(3)(c)2.b. and c.; and
1211     i.  The growth or decline in the data components listed in
1212sub-subparagraphs a.-h. from year to year.
1213
1214The State Board of Education shall adopt appropriate criteria
1215for each school grade. The criteria must also give added weight
1216to student achievement in reading. Schools designated with a
1217grade of "C," making satisfactory progress, shall be required to
1218demonstrate that adequate progress has been made by students in
1219the school who are in the lowest 25th percentile in reading and
1220mathematics on the FCAT and end-of-course assessments as
1221described in s. 1008.22(3)(c)2.a., unless these students are
1222exhibiting satisfactory performance. Beginning with the 2009-
12232010 school year for schools comprised of high school grades 9,
122410, 11, and 12, or grades 10, 11, and 12, the criteria for
1225school grades must also give added weight to the graduation rate
1226of all eligible at-risk students, as defined in this paragraph.
1227Beginning in the 2009-2010 school year, in order for a high
1228school to be designated as having a grade of "A," making
1229excellent progress, the school must demonstrate that at-risk
1230students, as defined in this paragraph, in the school are making
1231adequate progress.
1232     (d)  Notwithstanding the requirements in paragraphs (b) and
1233(c), beginning with the 2011-2012 school year, a school that
1234does not meet the minimum percentage of students proficient in
1235reading, established by rule of the State Board of Education,
1236shall receive a school grade of "F" unless granted an exception
1237by the department based upon significant gains in reading
1238proficiency from the prior year, as defined by rule. The state
1239board shall adopt rules to establish the minimum percentage and
1240define the exception.
1241     Section 17.  Paragraph (a) of subsection (3) of section
12421011.01, Florida Statutes, is amended to read:
1243     1011.01  Budget system established.-
1244     (3)(a)  Each district school board and each community
1245college board of trustees shall prepare, adopt, and submit to
1246the Commissioner of Education for review an annual operating
1247budget. Operating budgets shall be prepared and submitted in
1248accordance with the provisions of law, rules of the State Board
1249of Education, the General Appropriations Act, and for district
1250school boards in accordance with the provisions of ss. 200.065
1251and 1011.64.
1252     Section 18.  Subsection (4) of section 1011.03, Florida
1253Statutes, is amended to read:
1254     1011.03  Public hearings; budget to be submitted to
1255Department of Education.-
1256     (4)  The board shall hold public hearings to adopt
1257tentative and final budgets pursuant to s. 200.065. The hearings
1258shall be primarily for the purpose of hearing requests and
1259complaints from the public regarding the budgets and the
1260proposed tax levies and for explaining the budget and proposed
1261or adopted amendments thereto, if any. The district school board
1262shall then require the superintendent to transmit forthwith two
1263copies of the adopted budget to the Department of Education for
1264approval as prescribed by law and rules of the State Board of
1265Education.
1266     Section 19.  Section 1011.035, Florida Statutes, is created
1267to read:
1268     1011.035  School district budget transparency.-
1269     (1)  It is important for school districts to provide
1270budgetary transparency to enable taxpayers, parents, and
1271education advocates to obtain school district budget and related
1272information in a manner that is simply explained and easily
1273understandable. Budgetary transparency leads to more responsible
1274spending, more citizen involvement, and improved accountability.
1275A budget that is not transparent, accessible, and accurate
1276cannot be properly analyzed, its implementation thoroughly
1277monitored, or its outcomes evaluated.
1278     (2)  Each district school board shall post on its website a
1279plain language version of each proposed, tentative, and official
1280budget which describes each budget item in terms that are easily
1281understandable to the public. This information must be
1282prominently posted on the school district's website in a manner
1283that is readily accessible to the public.
1284     (3)  Each district school board is encouraged to post the
1285following information on its website:
1286     (a)  Timely information as to when a budget hearing will be
1287conducted.
1288     (b)  Each contract between the district school board and
1289the teachers' union.
1290     (c)  Each contract between the district school board and
1291noninstructional staff.
1292     (d)  Each contract exceeding $35,000 between the school
1293board and a vendor of services, supplies, or programs or for the
1294purchase or lease of lands, facilities, or properties.
1295     (e)  Each contract exceeding $35,000 that is an emergency
1296procurement or is with a single source as authorized under s.
1297287.057(3).
1298     (f)  Recommendations of the citizens' budget advisory
1299committee.
1300     (g)  Current and archived video recordings of each district
1301school board meeting and workshop.
1302     (4)  The website should contain links to:
1303     (a)  Help explain or provide background information on
1304various budget items that are required by state or federal law.
1305     (b)  Allow users to navigate to related sites to view
1306supporting details.
1307     (c)  Enable taxpayers, parents, and education advocates to
1308send e-mails asking questions about the budget and enable others
1309to view the questions and responses.
1310     Section 20.  Paragraph (c) of subsection (1) of section
13111012.39, Florida Statutes, is amended to read:
1312     1012.39  Employment of substitute teachers, teachers of
1313adult education, nondegreed teachers of career education, and
1314career specialists; students performing clinical field
1315experience.-
1316     (1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
13171012.57, or any other provision of law or rule to the contrary,
1318each district school board shall establish the minimal
1319qualifications for:
1320     (c)  Part-time and full-time nondegreed teachers of career
1321programs. Qualifications shall be established for nondegreed
1322teachers of career and technical education courses for program
1323clusters that are recognized in the state and are agriculture,
1324business, health occupations, family and consumer sciences,
1325industrial, marketing, career specialist, and public service
1326education teachers, based primarily on successful occupational
1327experience rather than academic training. The qualifications for
1328such teachers shall require:
1329     1.  The filing of a complete set of fingerprints in the
1330same manner as required by s. 1012.32. Faculty employed solely
1331to conduct postsecondary instruction may be exempted from this
1332requirement.
1333     2.  Documentation of education and successful occupational
1334experience including documentation of:
1335     a.  A high school diploma or the equivalent.
1336     b.  Completion of 6 years of full-time successful
1337occupational experience or the equivalent of part-time
1338experience in the teaching specialization area. Alternate means
1339of determining successful occupational experience may be
1340established by the district school board.
1341     c.  Completion of career education training conducted
1342through the local school district inservice master plan.
1343     d.  For full-time teachers, completion of professional
1344education training in teaching methods, course construction,
1345lesson planning and evaluation, and teaching special needs
1346students. This training may be completed through coursework from
1347an accredited or approved institution or an approved district
1348teacher education program.
1349     e.  Demonstration of successful teaching performance.
1350     f.  Documentation of industry certification when state or
1351national industry certifications are available and applicable.
1352     Section 21.  Except as otherwise expressly provided in this
1353act and except for this section, which shall take effect upon
1354this act becoming a law, this act shall take effect July 1,
13552011.


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