HB 1341

1	A bill to be entitled
2	An act relating to public school education; amending ss.
3	1002.33, 1003.03, 1003.413, and 1003.4156, F.S., relating
4	to discontinuance of administration of the Florida
5	Comprehensive Assessment Test (FCAT), to conform to
6	changes made by the act; deleting requirement that
7	district school boards establish policies for intensive
8	reading and mathematics intervention courses in high
9	school; providing for intervention services; amending s.
10	1003.428, F.S.; requiring that students be advised of the
11	availability of certain courses for purposes of high
12	school graduation; providing for remediation and
13	intervention services in certain circumstances; revising
14	general requirements for high school graduation;
15	conforming provisions relating to discontinuance of FCAT
16	administration; amending s. 1003.429, F.S.; requiring that
17	students be advised of the availability of certain courses
18	for purposes of accelerated high school graduation
19	options; revising general requirements for accelerated
20	high school graduation; conforming provisions relating to
21	discontinuance of FCAT administration; requiring the State
22	Board of Education to appoint a task force to develop high
23	school graduation standards for career-track students and
24	consider ways to provide unique curriculum offerings;
25	requiring the task force to submit recommendations to the
26	Legislature; amending s. 1003.433, F.S., relating to
27	discontinuance of FCAT administration and revised general
28	requirements for high school graduation, to conform to
29	changes made by the act; amending s. 1008.22, F.S.;
30	revising the statewide student assessment program to
31	discontinue use of the FCAT; requiring the assessment
32	program to consist of subject area assessments for
33	students in grades 3 through 5, subject area assessments
34	and end-of-course assessments in core and noncore subjects
35	for students in grades 6 through 12, and diagnostic
36	assessments for students in grades 6, 8, and 10; providing
37	eligibility for exemption from certain assessment
38	requirements; revising course grade and course credit
39	requirements relating to student performance on end-of-
40	course assessments; requiring school districts to provide
41	intervention services to certain students; providing that
42	results on end-of-course assessments are one component of
43	requirements for high school graduation; revising
44	provisions relating to test-preparation activities;
45	deleting provisions relating to use of concordant scores
46	for the FCAT; amending s. 1008.25, F.S.; requiring
47	intervention services for certain students as part of the
48	comprehensive program for student progression; conforming
49	provisions relating to the revision of the statewide
50	student assessment program; deleting mandatory retention
51	for certain grade 3 students; authorizing promotion for
52	good cause; providing for reporting; amending s. 1008.30,
53	F.S.; revising provisions relating to use of the common
54	placement test to conform to discontinuance of FCAT
55	administration; amending ss. 1008.34 and 1008.341, F.S.;
56	deleting use of the FCAT as a basis for determining school
57	grades and school improvement ratings; providing for
58	student results on subject area assessments and end-of-
59	course assessments to partially determine school grades
60	and school improvement ratings; providing additional
61	factors for such determination; conforming provisions
62	relating to revision of the Florida School Recognition
63	Program; amending s. 1008.36, F.S.; changing the Florida
64	School Recognition Program to the Every Child Matters
65	Program; providing intent and purpose of the program;
66	providing for financial assistance to schools providing
67	remediation and intervention services to certain students;
68	specifying the uses of program funds; providing Department
69	of Education duties; amending s. 1009.531, F.S.; adding a
70	cross-reference to high school graduation requirements;
71	amending s. 1011.62, F.S.; conforming provisions relating
72	to revision of the Florida School Recognition Program and
73	discontinuance of FCAT administration; amending s.
74	1012.22, F.S.; conforming provisions relating to
75	discontinuance of FCAT administration; providing for the
76	appointment of a public school assessment and
77	accountability alignment committee to develop standards
78	for a revised statewide student assessment program,
79	procedures for transitioning to the new program, and
80	standards for determining school grades and school
81	improvement ratings; providing for membership; providing
82	duties of the alignment committee, the State Board of
83	Education, and the Department of Education; providing a
84	timetable for implementation; providing for future
85	expiration of the alignment committee; providing effective
86	dates.
87
88	Be It Enacted by the Legislature of the State of Florida:
89
90	Section 1.  Paragraph (a) of subsection (20) of section
91	1002.33, Florida Statutes, is amended to read:
92	1002.33  Charter schools.-
93	(20)  SERVICES.-
94	(a)1.  A sponsor shall provide certain administrative and
95	educational services to charter schools. These services shall
96	include contract management services; full-time equivalent and
97	data reporting services; exceptional student education
98	administration services; services related to eligibility and
99	reporting duties required to ensure that school lunch services
100	under the federal lunch program, consistent with the needs of
101	the charter school, are provided by the school district at the
102	request of the charter school, that any funds due to the charter
103	school under the federal lunch program be paid to the charter
104	school as soon as the charter school begins serving food under
105	the federal lunch program, and that the charter school is paid
106	at the same time and in the same manner under the federal lunch
107	program as other public schools serviced by the sponsor or the
108	school district; test administration services, including payment
109	of the costs of state-required or district-required student
110	assessments; processing of teacher certificate data services;
111	and information services, including equal access to student
112	information systems that are used by public schools in the
113	district in which the charter school is located. Student
114	performance data for each student in a charter school,
115	including, but not limited to, subject area assessment scores,
116	end-of-course assessment FCAT scores, standardized test scores,
117	previous public school student report cards, and student
118	performance measures, shall be provided by the sponsor to a
119	charter school in the same manner provided to other public
120	schools in the district.
121	2.  A total administrative fee for the provision of such
122	services shall be calculated based upon up to 5 percent of the
123	available funds defined in paragraph (17)(b) for all students.
124	However, a sponsor may only withhold up to a 5-percent
125	administrative fee for enrollment for up to and including 250
126	students. For charter schools with a population of 251 or more
127	students, the difference between the total administrative fee
128	calculation and the amount of the administrative fee withheld
129	may only be used for capital outlay purposes specified in s.
130	1013.62(2).
131	3.  In addition, a sponsor may withhold only up to a 5-
132	percent administrative fee for enrollment for up to and
133	including 500 students within a system of charter schools which
134	meets all of the following:
135	a.  Includes both conversion charter schools and
136	nonconversion charter schools;
137	b.  Has all schools located in the same county;
138	c.  Has a total enrollment exceeding the total enrollment
139	of at least one school district in the state;
140	d.  Has the same governing board; and
141	e.  Does not contract with a for-profit service provider
142	for management of school operations.
143	4.  The difference between the total administrative fee
144	calculation and the amount of the administrative fee withheld
145	pursuant to subparagraph 3. may be used for instructional and
146	administrative purposes as well as for capital outlay purposes
147	specified in s. 1013.62(2).
148	5.  Each charter school shall receive 100 percent of the
149	funds awarded to that school pursuant to s. 1012.225. Sponsors
150	shall not charge charter schools any additional fees or
151	surcharges for administrative and educational services in
152	addition to the maximum 5-percent administrative fee withheld
153	pursuant to this paragraph.
154	Section 2.  Paragraph (c) of subsection (3) of section
155	1003.03, Florida Statutes, is amended to read:
156	1003.03  Maximum class size.-
157	(3)  IMPLEMENTATION OPTIONS.-District school boards must
158	consider, but are not limited to, implementing the following
159	items in order to meet the constitutional class size maximums
160	described in subsection (1):
161	(c)1.  Repeal district school board policies that require
162	students to have more than 24 credits to graduate from high
163	school.
164	2.  Adopt policies to allow students to graduate from high
165	school as soon as they meet the requirements pass the grade 10
166	FCAT and complete the courses required for high school
167	graduation.
168	Section 3.  Paragraph (d) of subsection (3) of section
169	1003.413, Florida Statutes, is amended to read:
170	1003.413  Florida Secondary School Redesign Act.-
171	(3)  Based on these guiding principles, district school
172	boards shall establish policies to implement the requirements of
173	ss. 1003.4156, 1003.428, and 1003.493. The policies must
174	address:
175	(d)  Credit recovery courses and intensive reading and
176	mathematics intervention services courses based on student
177	performance on diagnostic assessments, subject area assessments,
178	or end-of-course assessments FCAT Reading and Mathematics. These
179	courses and intervention services should be competency based and
180	offered through innovative delivery systems, including computer-
181	assisted instruction. School districts should use learning gains
182	as well as other appropriate data and provide incentives to
183	identify and reward high-performing teachers who teach credit
184	recovery courses and provide intensive intervention services
185	courses.
186	Section 4.  Subsection (1) of section 1003.4156, Florida
187	Statutes, are amended to read:
188	1003.4156  General requirements for middle grades
189	promotion.-
190	(1)  Beginning with students entering grade 6 in the 2006-
191	2007 school year, Promotion from a school composed of middle
192	grades 6, 7, and 8 requires that:
193	(a)  The student must successfully complete academic
194	courses as follows:
195	1.  Three middle school or higher courses in English. These
196	courses shall emphasize literature, composition, and technical
197	text.
198	2.  Three middle school or higher courses in mathematics.
199	Each middle school must offer at least one high school level
200	mathematics course for which students may earn high school
201	credit. Successful completion of a high school level Algebra I
202	or geometry course is not contingent upon the student's
203	performance on the end-of-course assessment required under s.
204	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
205	school year, to earn high school credit for an Algebra I course,
206	a middle school student must pass the Algebra I end-of-course
207	assessment, and beginning with the 2012-2013 school year, to
208	earn high school credit for a geometry course, a middle school
209	student must pass the geometry end-of-course assessment.
210	3.  Three middle school or higher courses in social
211	studies, one semester of which must include the study of state
212	and federal government and civics education. Beginning with
213	students entering grade 6 in the 2012-2013 school year, one of
214	these courses must be at least a one-semester civics education
215	course that a student successfully completes in accordance with
216	s. 1008.22(3)(c) and that includes the roles and
217	responsibilities of federal, state, and local governments; the
218	structures and functions of the legislative, executive, and
219	judicial branches of government; and the meaning and
220	significance of historic documents, such as the Articles of
221	Confederation, the Declaration of Independence, and the
222	Constitution of the United States.
223	4.  Three middle school or higher courses in science.
224	Successful completion of a high school level Biology I course is
225	not contingent upon the student's performance on the end-of-
226	course assessment required under s. 1008.22(3)(c)2.a.(II).
227	However, beginning with the 2012-2013 school year, to earn high
228	school credit for a Biology I course, a middle school student
229	must pass the Biology I end-of-course assessment.
230	5.  One course in career and education planning to be
231	completed in 7th or 8th grade. The course may be taught by any
232	member of the instructional staff; must include career
233	exploration using Florida CHOICES or a comparable cost-effective
234	program; must include educational planning using the online
235	student advising system known as Florida Academic Counseling and
236	Tracking for Students at the Internet website FACTS.org; and
237	shall result in the completion of a personalized academic and
238	career plan. The required personalized academic and career plan
239	must inform students of high school graduation requirements,
240	high school assessment and college entrance test requirements,
241	Florida Bright Futures Scholarship Program requirements, state
242	university and Florida college admission requirements, and
243	programs through which a high school student can earn college
244	credit, including Advanced Placement, International
245	Baccalaureate, Advanced International Certificate of Education,
246	dual enrollment, career academy opportunities, and courses that
247	lead to national industry certification.
248
249	Each school must hold a parent meeting either in the evening or
250	on a weekend to inform parents about the course curriculum and
251	activities. Each student shall complete an electronic personal
252	education plan that must be signed by the student; the student's
253	instructor, guidance counselor, or academic advisor; and the
254	student's parent. The Department of Education shall develop
255	course frameworks and professional development materials for the
256	career exploration and education planning course. The course may
257	be implemented as a stand-alone course or integrated into
258	another course or courses. The Commissioner of Education shall
259	collect longitudinal high school course enrollment data by
260	student ethnicity in order to analyze course-taking patterns.
261	(b)  For each year in which a student's performance on a
262	diagnostic assessment or a subject area assessment in student
263	scores at Level l on FCAT reading does not meet grade-level
264	expectations, the student must be enrolled in and complete an
265	intensive reading course the following year. Placement of
266	students Level 2 readers in either an intensive reading course
267	or a content area course in which reading strategies are
268	delivered shall be determined by diagnosis of reading needs. The
269	department shall provide guidance on appropriate strategies for
270	diagnosing and meeting the varying instructional needs of
271	students reading below grade level. Reading courses shall be
272	designed and offered pursuant to the comprehensive reading plan
273	required by s. 1011.62(9).
274	(c)  For each year in which a student's performance on a
275	diagnostic assessment, a subject area assessment, or an end-of-
276	course assessment in student scores at Level 1 or Level 2 on
277	FCAT mathematics does not meet grade-level expectations, the
278	student must receive remediation the following year, which may
279	be integrated into the student's required mathematics course.
280	Section 5.  Subsection (1), paragraph (b) of subsection
281	(2), paragraph (b) of subsection (4), and paragraph (b) of
282	subsection (8) of section 1003.428, Florida Statutes, are
283	amended to read:
284	1003.428  General requirements for high school graduation;
285	revised.-
286	(1)  Except as otherwise authorized pursuant to s.
287	1003.429, beginning with students entering grade 9 in the 2007-
288	2008 school year, graduation requires the successful completion
289	of a minimum of 24 credits, an International Baccalaureate
290	curriculum, or an Advanced International Certificate of
291	Education curriculum. Students must be advised of the Advanced
292	Placement courses, International Baccalaureate courses, Advanced
293	International Certificate of Education courses, career academy
294	courses that lead to national industry certification, and dual
295	enrollment courses that are available, as well as the
296	availability of course offerings through the Florida Virtual
297	School. Students must also be advised of eligibility
298	requirements for state scholarship programs and postsecondary
299	admissions.
300	(2)  The 24 credits may be earned through applied,
301	integrated, and combined courses approved by the Department of
302	Education. The 24 credits shall be distributed as follows:
303	(b)  Eight credits in electives.
304	1.  For each year in which a student's performance on a
305	diagnostic assessment or subject area assessment in student
306	scores at Level 1 on FCAT reading does not meet grade-level
307	expectations, the student must receive remediation and
308	intervention services as soon as feasible but no later than be
309	enrolled in and complete an intensive reading course the
310	following year. Placement of students Level 2 readers in either
311	a an intensive reading course or a content area course in which
312	reading strategies are delivered shall be determined by
313	diagnosis of reading needs. The department shall provide
314	guidance on appropriate strategies for diagnosing and meeting
315	the varying instructional needs of students reading below grade
316	level. Reading courses shall be designed and offered pursuant to
317	the comprehensive reading plan required by s. 1011.62(9).
318	2.  For each year in which a student's performance on a
319	diagnostic assessment, a subject area assessment, or an end-of-
320	course assessment in student scores at Level 1 or Level 2 on
321	FCAT mathematics does not meet grade-level expectations, the
322	student must receive remediation and intervention services as
323	soon as feasible but no later than the following year.
324	Intervention These courses may be taught through applied,
325	integrated, or combined courses and are subject to approval by
326	the department for inclusion in the Course Code Directory.
327	(4)  Each district school board shall establish standards
328	for graduation from its schools, which must include:
329	(b)  Successful overall academic performance based on end-
330	of-course assessments, grade point average, student portfolios,
331	and, if determined by the State Board of Education, other
332	measurable indicators of student progress. Earning passing
333	scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
334	a standardized test that are concordant with passing scores on
335	the FCAT as defined in s. 1008.22(10).
336
337	Each district school board shall adopt policies designed to
338	assist students in meeting the requirements of this subsection.
339	These policies may include, but are not limited to: forgiveness
340	policies, summer school or before or after school attendance,
341	special counseling, volunteers or peer tutors, school-sponsored
342	help sessions, homework hotlines, and study skills classes.
343	Forgiveness policies for required courses shall be limited to
344	replacing a grade of "D" or "F," or the equivalent of a grade of
345	"D" or "F," with a grade of "C" or higher, or the equivalent of
346	a grade of "C" or higher, earned subsequently in the same or
347	comparable course. Forgiveness policies for elective courses
348	shall be limited to replacing a grade of "D" or "F," or the
349	equivalent of a grade of "D" or "F," with a grade of "C" or
350	higher, or the equivalent of a grade of "C" or higher, earned
351	subsequently in another course. The only exception to these
352	forgiveness policies shall be made for a student in the middle
353	grades who takes any high school course for high school credit
354	and earns a grade of "C," "D," or "F" or the equivalent of a
355	grade of "C," "D," or "F." In such case, the district
356	forgiveness policy must allow the replacement of the grade with
357	a grade of "C" or higher, or the equivalent of a grade of "C" or
358	higher, earned subsequently in the same or comparable course. In
359	all cases of grade forgiveness, only the new grade shall be used
360	in the calculation of the student's grade point average. Any
361	course grade not replaced according to a district school board
362	forgiveness policy shall be included in the calculation of the
363	cumulative grade point average required for graduation.
364	(8)
365	(b)1.  A student with a disability, as defined in s.
366	1007.02(2), for whom the individual education plan (IEP)
367	committee determines that the FCAT cannot accurately measure the
368	student's abilities taking into consideration all allowable
369	accommodations, shall have the FCAT requirement of paragraph
370	(4)(b) waived for the purpose of receiving a standard high
371	school diploma, if the student:
372	a.  Completes the minimum number of credits and other
373	requirements prescribed by subsections (1), (2), and (3).
374	b.  Does not meet the requirements of paragraph (4)(b)
375	after one opportunity in 10th grade and one opportunity in 11th
376	grade.
377	2.  A student with a disability, as defined in s.
378	1007.02(2), for whom the IEP committee determines that an end-
379	of-course assessment cannot accurately measure the student's
380	abilities, taking into consideration all allowable
381	accommodations, shall have the end-of-course assessment results
382	that are used as a partial basis for determining successful
383	overall academic performance waived for the purpose of
384	determining the student's course grade and credit as required in
385	paragraph (4)(a).
386	Section 6.  Subsection (1), paragraph (a) of subsection
387	(6), and subsection (8) of section 1003.429, Florida Statutes,
388	are amended to read:
389	1003.429  Accelerated high school graduation options.-
390	(1)  Students who enter grade 9 in the 2006-2007 school
391	year and thereafter may select, upon receipt of each consent
392	required by this section, one of the following three high school
393	graduation options:
394	(a)  Completion of the general requirements for high school
395	graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
396	(b)  Completion of a 3-year standard college preparatory
397	program requiring successful completion of a minimum of 18
398	academic credits in grades 9 through 12. At least 6 of the 18
399	credits required for completion of this program must be received
400	in classes that are offered pursuant to the International
401	Baccalaureate Program, the Advanced Placement Program, dual
402	enrollment, or the Advanced International Certificate of
403	Education Program, or specifically listed or identified by the
404	Department of Education as rigorous pursuant to s. 1009.531(3).
405	Students must be advised of the Advanced Placement courses,
406	International Baccalaureate courses, Advanced International
407	Certificate of Education courses, career academy courses that
408	lead to national industry certification, and dual enrollment
409	courses that are available, as well as the availability of
410	course offerings through the Florida Virtual School. The 18
411	credits required for completion of this program shall be primary
412	requirements and shall be distributed as follows:
413	1.  Four credits in English, with major concentration in
414	composition and literature;
415	2.  Three credits and, beginning with students entering
416	grade 9 in the 2010-2011 school year, four credits in
417	mathematics at the Algebra I level or higher from the list of
418	courses that qualify for state university admission. Beginning
419	with students entering grade 9 in the 2010-2011 school year, in
420	addition to the Algebra I credit requirement, one of the four
421	credits in mathematics must be geometry or a series of courses
422	equivalent to geometry as approved by the State Board of
423	Education. Beginning with students entering grade 9 in the 2010-
424	2011 school year, the end-of-course assessment requirements
425	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
426	to earn the required credit in Algebra I. Beginning with
427	students entering grade 9 in the 2011-2012 school year, the end-
428	of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
429	must be met in order for a student to earn the required credit
430	in geometry. Beginning with students entering grade 9 in the
431	2012-2013 school year, in addition to the Algebra I and geometry
432	credit requirements, one of the four credits in mathematics must
433	be Algebra II or a series of courses equivalent to Algebra II as
434	approved by the State Board of Education;
435	3.  Three credits in science, two of which must have a
436	laboratory component. Beginning with students entering grade 9
437	in the 2011-2012 school year, one of the three credits in
438	science must be Biology I or a series of courses equivalent to
439	Biology I as approved by the State Board of Education. Beginning
440	with students entering grade 9 in the 2011-2012 school year, the
441	end-of-course assessment requirements under s.
442	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
443	the required credit in Biology I. Beginning with students
444	entering grade 9 in the 2013-2014 school year, one of the three
445	credits must be Biology I or a series of courses equivalent to
446	Biology I as approved by the State Board of Education, one
447	credit must be chemistry or physics or a series of courses
448	equivalent to chemistry or physics as approved by the State
449	Board of Education, and one credit must be an equally rigorous
450	course, as approved by the State Board of Education;
451	4.  Three credits in social sciences, which must include
452	one credit in United States history, one credit in world
453	history, one-half credit in United States government, and one-
454	half credit in economics;
455	5.  Two credits in the same second language unless the
456	student is a native speaker of or can otherwise demonstrate
457	competency in a language other than English. If the student
458	demonstrates competency in another language, the student may
459	replace the language requirement with two credits in other
460	academic courses; and
461	6.  Three credits in electives and, beginning with students
462	entering grade 9 in the 2010-2011 school year, two credits in
463	electives; or
464	(c)  Completion of a 3-year career preparatory program
465	requiring successful completion of a minimum of 18 academic
466	credits in grades 9 through 12. The 18 credits shall be primary
467	requirements and shall be distributed as follows:
468	1.  Four credits in English, with major concentration in
469	composition and literature;
470	2.  Three credits and, beginning with students entering
471	grade 9 in the 2010-2011 school year, four credits in
472	mathematics, one of which must be Algebra I. Beginning with
473	students entering grade 9 in the 2010-2011 school year, in
474	addition to the Algebra I credit requirement, one of the four
475	credits in mathematics must be geometry or a series of courses
476	equivalent to geometry as approved by the State Board of
477	Education. Beginning with students entering grade 9 in the 2010-
478	2011 school year, the end-of-course assessment requirements
479	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
480	to earn the required credit in Algebra I. Beginning with
481	students entering grade 9 in the 2011-2012 school year, the end-
482	of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
483	must be met in order for a student to earn the required credit
484	in geometry. Beginning with students entering grade 9 in the
485	2012-2013 school year, in addition to the Algebra I and geometry
486	credit requirements, one of the four credits in mathematics must
487	be Algebra II or a series of courses equivalent to Algebra II as
488	approved by the State Board of Education;
489	3.  Three credits in science, two of which must have a
490	laboratory component. Beginning with students entering grade 9
491	in the 2011-2012 school year, one of the three credits in
492	science must be Biology I or a series of courses equivalent to
493	Biology I as approved by the State Board of Education. Beginning
494	with students entering grade 9 in the 2011-2012 school year, the
495	end-of-course assessment requirements under s.
496	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
497	the required credit in Biology I. Beginning with students
498	entering grade 9 in the 2013-2014 school year, one of the three
499	credits must be Biology I or a series of courses equivalent to
500	Biology I as approved by the State Board of Education, one
501	credit must be chemistry or physics or a series of courses
502	equivalent to chemistry or physics as approved by the State
503	Board of Education, and one credit must be an equally rigorous
504	course, as approved by the State Board of Education;
505	4.  Three credits in social sciences, which must include
506	one credit in United States history, one credit in world
507	history, one-half credit in United States government, and one-
508	half credit in economics;
509	5.  Three credits in a single vocational or career
510	education program, three credits in career and technical
511	certificate dual enrollment courses, or five credits in
512	vocational or career education courses; and
513	6.  Two credits and, beginning with students entering grade
514	9 in the 2010-2011 school year, one credit in electives unless
515	five credits are earned pursuant to subparagraph 5.
516
517	Any student who selected an accelerated graduation program
518	before July 1, 2004, may continue that program, and all
519	statutory program requirements that were applicable when the
520	student made the program choice shall remain applicable to the
521	student as long as the student continues that program.
522	(6)  Students pursuing accelerated 3-year high school
523	graduation options pursuant to paragraph (1)(b) or paragraph
524	(1)(c) are required to:
525	(a)  Achieve successful overall academic performance based
526	on end-of-course assessments, grade point average, student
527	portfolios, and, if determined by the State Board of Education,
528	other measurable indicators of student progress. Earn passing
529	scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
530	standardized test that are concordant with passing scores on the
531	FCAT as defined in s. 1008.22(10).
532
533	Weighted grades referred to in paragraphs (b), (c), and (d)
534	shall be applied to those courses specifically listed or
535	identified by the department as rigorous pursuant to s.
536	1009.531(3) or weighted by the district school board for class
537	ranking purposes.
538	(8)  A student who selected one of the accelerated 3-year
539	graduation options shall automatically move to the 4-year
540	program set forth in s. 1003.428 or s. 1003.43, if applicable,
541	if the student:
542	(a)  Exercises his or her right to change to the 4-year
543	program;
544	(b)  Fails to earn 5 credits by the end of grade 9 or fails
545	to earn 11 credits by the end of grade 10;
546	(c)  Does not achieve a passing score of 3 or higher on an
547	end-of-course assessment in language arts the grade 10 FCAT
548	Writing assessment; or
549	(d)  By the end of grade 11 does not meet the requirements
550	of subsections (1) and (6).
551	Section 7.  Effective upon this act becoming a law, the
552	State Board of Education shall appoint a task force to develop
553	high school graduation standards for students who plan to enroll
554	in a trade school or postsecondary technical institution after
555	high school. In addition, the task force shall consider ways to
556	allow school districts to provide unique curriculum offerings
557	for specific career opportunities and needs that are present in
558	a school district's area. The task force shall be comprised of
559	no less than 15 members representing, but not limited to,
560	academic experts in workforce education, high school principals,
561	teachers, and industry experts and shall be chaired by the
562	Chancellor for Career and Adult Education. The task force shall
563	prepare a report with recommendations for high school graduation
564	standards for career-track students and ways to incorporate
565	unique career curriculum offerings into a school district's
566	curriculum to be submitted by January 1, 2012, to the President
567	of the Senate, the Speaker of the House of Representative, and
568	the Governor.
569	Section 8.  Subsections (1), (2), and (3) of section
570	1003.433, Florida Statutes, are amended to read:
571	1003.433  Learning opportunities for out-of-state and out-
572	of-country transfer students and students needing additional
573	instruction to meet high school graduation requirements.-
574	(1)  Students who enter a Florida public school at the
575	eleventh or twelfth grade from out of state or from a foreign
576	country shall not be required to spend additional time in a
577	Florida public school in order to meet the high school course
578	requirements if the student has met all requirements of the
579	school district, state, or country from which he or she is
580	transferring. Such students who are not proficient in English
581	should receive immediate and intensive instruction in English
582	language acquisition. However, to receive a standard high school
583	diploma, a transfer student must achieve successful overall
584	academic performance based on end-of-course assessments, earn a
585	2.0 or higher grade point average, student portfolios, and, if
586	determined by the State Board of Education, other measurable
587	indicators of student progress and pass the grade 10 FCAT
588	required in s. 1008.22(3) or an alternate assessment as
589	described in s. 1008.22(10).
590	(2)  Students who do not meet have met all requirements for
591	the standard high school diploma except for passage of the grade
592	10 FCAT or an alternate assessment by the end of grade 12 must
593	be provided the following learning opportunities:
594	(a)  Participation in an accelerated high school
595	equivalency diploma preparation program during the summer.
596	(b)  Upon receipt of a certificate of completion, be
597	allowed to take the College Placement Test and be admitted to
598	remedial or credit courses at a state community college, as
599	appropriate.
600	(c)  Participation in an adult general education program as
601	provided in s. 1004.93 for such time as the student requires to
602	master English, reading, mathematics, or any other subject
603	required for high school graduation. Students attending adult
604	basic, adult secondary, or vocational-preparatory instruction
605	are exempt from any requirement for the payment of tuition and
606	fees, including lab fees, pursuant to s. 1009.25. A student
607	attending an adult general education program shall have the
608	opportunity to take the grade 10 FCAT an unlimited number of
609	times in order to receive a standard high school diploma.
610	(3)  Students who have been enrolled in an ESOL program for
611	less than 2 school years and have not met all requirements for
612	the standard high school diploma except for passage of the grade
613	10 FCAT or alternate assessment may receive immersion English
614	language instruction during the summer following their senior
615	year. Students receiving such instruction are eligible to take
616	the FCAT or alternate assessment and receive a standard high
617	school diploma upon achievement of successful overall academic
618	performance pursuant to subsection (1) passage of the grade 10
619	FCAT or the alternate assessment. This subsection shall be
620	implemented to the extent funding is provided in the General
621	Appropriations Act.
622	Section 9.  Paragraph (a) of subsection (1), paragraphs (c)
623	and (g) of subsection (3), paragraphs (b) and (c) of subsection
624	(4), paragraph (a) of subsection (7), paragraphs (b) and (c) of
625	subsection (9), and subsections (10) through (13) of section
626	1008.22, Florida Statutes, are amended to read:
627	1008.22  Student assessment program for public schools.-
628	(1)  PURPOSE.-The primary purposes of the student
629	assessment program are to provide information needed to improve
630	the public schools by enhancing the learning gains of all
631	students and to inform parents of the educational progress of
632	their public school children. The program must be designed to:
633	(a)  Assess the annual learning gains of each student
634	toward achieving the Next Generation Sunshine State Standards
635	appropriate for the student's grade level.
636	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
637	design and implement a statewide program of educational
638	assessment that provides information for the improvement of the
639	operation and management of the public schools, including
640	schools operating for the purpose of providing educational
641	services to youth in Department of Juvenile Justice programs.
642	The commissioner may enter into contracts for the continued
643	administration of the assessment, testing, and evaluation
644	programs authorized and funded by the Legislature. Contracts may
645	be initiated in 1 fiscal year and continue into the next and may
646	be paid from the appropriations of either or both fiscal years.
647	The commissioner is authorized to negotiate for the sale or
648	lease of tests, scoring protocols, test scoring services, and
649	related materials developed pursuant to law. Pursuant to the
650	statewide assessment program, the commissioner shall:
651	(c)  Develop and implement a student achievement testing
652	program as follows:
653	1.  Subject area assessments for students in grades 3
654	through 5, subject area assessments and end-of-course
655	assessments for students in grades 6 through 12, and diagnostic
656	assessments for students in grades 6, 8, and 10 shall measure
657	The Florida Comprehensive Assessment Test (FCAT) measures a
658	student's content knowledge and skills in language arts reading,
659	writing, science, and mathematics, and other core and noncore
660	subject areas as determined by the State Board of Education. The
661	content knowledge and skills assessed by the FCAT must be
662	aligned to the core curricular content established in the Next
663	Generation Sunshine State Standards. Other content areas may be
664	included as directed by the commissioner. Comprehensive
665	assessments of reading and mathematics shall be administered
666	annually in grades 3 through 10 except, beginning with the 2010-
667	2011 school year, the administration of grade 9 FCAT Mathematics
668	shall be discontinued, and beginning with the 2011-2012 school
669	year, the administration of grade 10 FCAT Mathematics shall be
670	discontinued, except as required for students who have not
671	attained minimum performance expectations for graduation as
672	provided in paragraph (9)(c). FCAT Writing and FCAT Science
673	shall be administered at least once at the elementary, middle,
674	and high school levels except, beginning with the 2011-2012
675	school year, the administration of FCAT Science at the high
676	school level shall be discontinued.
677	2.a.  End-of-course assessments for a subject shall be
678	administered in addition to the comprehensive assessments
679	required under subparagraph 1. End-of-course assessments must be
680	rigorous, statewide, standardized, and developed or approved by
681	the department. The content knowledge and skills assessed by
682	end-of-course assessments must be aligned to the core curricular
683	content established in the Next Generation Sunshine State
684	Standards.
685	(I)  Statewide, standardized end-of-course assessments in
686	mathematics shall be administered according to this sub-sub-
687	subparagraph. Beginning with the 2010-2011 school year, all
688	students enrolled in Algebra I or an equivalent course must take
689	the Algebra I end-of-course assessment. Students who earned high
690	school credit in Algebra I while in grades 6 through 8 during
691	the 2007-2008 through 2009-2010 school years and who have not
692	taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
693	course assessment during the 2010-2011 school year. For students
694	entering grade 9 during the 2010-2011 school year and who are
695	enrolled in Algebra I or an equivalent, Each student's
696	performance on the end-of-course assessment in Algebra I shall
697	constitute 20 30 percent of the student's final course grade.
698	Beginning with students entering grade 9 in the 2011-2012 school
699	year, a student who is enrolled in Algebra I or an equivalent
700	must earn a passing score on the end-of-course assessment in
701	Algebra I or attain an equivalent score as described in
702	subsection (11) in order to earn course credit. Beginning with
703	the 2011-2012 school year, all students enrolled in geometry or
704	an equivalent course must take the geometry end-of-course
705	assessment. For students entering grade 9 during the 2011-2012
706	school year, Each student's performance on the end-of-course
707	assessment in geometry shall constitute 20 30 percent of the
708	student's final course grade. Beginning with students entering
709	grade 9 during the 2012-2013 school year, a student must earn a
710	passing score on the end-of-course assessment in geometry or
711	attain an equivalent score as described in subsection (11) in
712	order to earn course credit.
713	(II)  Statewide, standardized end-of-course assessments in
714	science shall be administered according to this sub-sub-
715	subparagraph. Beginning with the 2011-2012 school year, all
716	students enrolled in Biology I or an equivalent course must take
717	the Biology I end-of-course assessment. For the 2011-2012 school
718	year, Each student's performance on the end-of-course assessment
719	in Biology I shall constitute 20 30 percent of the student's
720	final course grade. Beginning with students entering grade 9
721	during the 2012-2013 school year, a student must earn a passing
722	score on the end-of-course assessment in Biology I in order to
723	earn course credit.
724	b.  During the 2012-2013 school year, an end-of-course
725	assessment in civics education shall be administered as a field
726	test at the middle school level. During the 2013-2014 school
727	year, each student's performance on the statewide, standardized
728	end-of-course assessment in civics education shall constitute 20
729	30 percent of the student's final course grade. Beginning with
730	the 2014-2015 school year, a student must earn a passing score
731	on the end-of-course assessment in civics education in order to
732	pass the course and receive course credit.
733	c.  The commissioner may select one or more nationally
734	developed comprehensive examinations, which may include, but
735	need not be limited to, examinations for a College Board
736	Advanced Placement course, International Baccalaureate course,
737	or Advanced International Certificate of Education course, or
738	industry-approved examinations to earn national industry
739	certifications identified in the Industry Certification Funding
740	List, pursuant to rules adopted by the State Board of Education,
741	for use as end-of-course assessments under this paragraph, if
742	the commissioner determines that the content knowledge and
743	skills assessed by the examinations meet or exceed the grade
744	level expectations for the core curricular content established
745	for the course in the Next Generation Sunshine State Standards.
746	The commissioner may collaborate with the American Diploma
747	Project in the adoption or development of rigorous end-of-course
748	assessments that are aligned to the Next Generation Sunshine
749	State Standards.
750	d.  Contingent upon funding provided in the General
751	Appropriations Act, including the appropriation of funds
752	received through federal grants, the Commissioner of Education
753	shall establish an implementation schedule for the development
754	and administration of additional statewide, standardized end-of-
755	course assessments in English/Language Arts II, Algebra II,
756	chemistry, physics, earth/space science, United States history,
757	and world history. Priority shall be given to the development of
758	end-of-course assessments in English/Language Arts II. The
759	Commissioner of Education shall evaluate the feasibility and
760	effect of transitioning from the grade 9 and grade 10 FCAT
761	Reading and high school level FCAT Writing to an end-of-course
762	assessment in English/Language Arts II. The commissioner shall
763	report the results of the evaluation to the President of the
764	Senate and the Speaker of the House of Representatives no later
765	than July 1, 2011.
766	3.  The testing program shall measure student content
767	knowledge and skills adopted by the State Board of Education as
768	specified in paragraph (a) and measure and report student
769	performance levels of all students assessed in reading, writing,
770	mathematics, and science. The commissioner shall provide for the
771	tests to be developed or obtained, as appropriate, through
772	contracts and project agreements with private vendors, public
773	vendors, public agencies, postsecondary educational
774	institutions, or school districts. The commissioner shall obtain
775	input with respect to the design and implementation of the
776	testing program from education stakeholders and experts, state
777	educators, assistive technology experts, and the public.
778	4.a.  The testing program shall be composed of criterion-
779	referenced tests that shall, to the extent determined by the
780	commissioner, include test items that require the student to
781	produce information or perform tasks in such a way that the core
782	content knowledge and skills he or she uses can be measured.
783	b.  The State Board of Education shall develop diagnostic
784	assessments for students in grades 6, 8, and 10 in language
785	arts, mathematics, and science content knowledge and skills to
786	be used to keep students on track to graduate from high school.
787	The diagnostic assessments shall be administered during the
788	first month of the school year and shall be designed to identify
789	specific academic weaknesses in individual students and to
790	provide specific diagnostic information to help focus
791	instruction most effectively to meet the needs of individual
792	students. A school district that demonstrates success by keeping
793	85 percent or more of its students on track to graduate is
794	eligible for an exemption from the diagnostic assessment
795	requirements if the State Board of Education determines that the
796	district has sufficient local assessments to maintain success. A
797	district that meets the exemption criteria of this sub-
798	subparagraph shall receive an amount of discretionary funds from
799	the state equal to the amount that would be required to carry
800	out the diagnostic assessments.
801	c.  To ensure that students are progressing and meeting
802	international benchmarks, the testing program may include use of
803	international assessments, including the Program for
804	International Student Assessment and the Trends in International
805	Mathematics and Science Study, as diagnostic tools.
806	5.  FCAT Reading, Mathematics, and Science and All
807	statewide, standardized end-of-course assessments shall measure
808	the content knowledge and skills a student has attained on the
809	assessment by the use of scaled scores and achievement levels.
810	Achievement levels shall range from 1 through 5, with level 1
811	being the lowest achievement level, level 5 being the highest
812	achievement level, and level 3 indicating satisfactory
813	performance on an assessment. For purposes of FCAT Writing,
814	student achievement shall be scored using a scale of 1 through 6
815	and the score earned shall be used in calculating school grades.
816	A score shall be designated for each subject area tested, below
817	which score a student's performance is deemed inadequate. The
818	school districts shall provide appropriate remedial instruction
819	and intervention services to students who score below these
820	levels.
821	6.  The State Board of Education shall, by rule, designate
822	a passing score for each part of the grade 10 assessment test
823	and end-of-course assessments. Any rule that has the effect of
824	raising the required passing scores may apply only to students
825	taking the assessment for the first time after the rule is
826	adopted by the State Board of Education. Except as otherwise
827	provided in this subparagraph and as provided in s.
828	1003.428(8)(b) or s. 1003.43(11)(b), students must achieve
829	successful overall academic performance based partially on end-
830	of-course assessments earn a passing score on grade 10 FCAT
831	Reading and grade 10 FCAT Mathematics or attain equivalent
832	concordant scores as described in subsection (10) in order to
833	qualify for a standard high school diploma.
834	7.  In addition to designating a passing score under
835	subparagraph 6., the State Board of Education shall also
836	designate, by rule, a score for each statewide, standardized
837	end-of-course assessment which indicates that a student is high
838	achieving and has the potential to meet college-readiness
839	standards by the time the student graduates from high school.
840	8.  Participation in the testing program is mandatory for
841	all students attending public school, including students served
842	in Department of Juvenile Justice programs, except as otherwise
843	prescribed by the commissioner. A student who has not earned
844	passing scores on the grade 10 FCAT as provided in subparagraph
845	6. must participate in each retake of the assessment until the
846	student earns passing scores or achieves scores on a
847	standardized assessment which are concordant with passing scores
848	pursuant to subsection (10). If a student does not participate
849	in the statewide assessment, the district must notify the
850	student's parent and provide the parent with information
851	regarding the implications of such nonparticipation. A parent
852	must provide signed consent for a student to receive classroom
853	instructional accommodations that would not be available or
854	permitted on the statewide assessments and must acknowledge in
855	writing that he or she understands the implications of such
856	instructional accommodations. The State Board of Education shall
857	adopt rules, based upon recommendations of the commissioner, for
858	the provision of test accommodations for students in exceptional
859	education programs and for students who have limited English
860	proficiency. Accommodations that negate the validity of a
861	statewide assessment are not allowable in the administration of
862	a subject area assessment the FCAT or an end-of-course
863	assessment. However, instructional accommodations are allowable
864	in the classroom if included in a student's individual education
865	plan. Students using instructional accommodations in the
866	classroom that are not allowable as accommodations on the FCAT
867	or an end-of-course assessment may have the FCAT or an end-of-
868	course assessment requirement waived pursuant to the
869	requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
870	9.  A student seeking an adult high school diploma must
871	meet the same testing requirements that a regular high school
872	student must meet.
873	10.  District school boards must provide instruction to
874	prepare students in the core curricular content established in
875	the Next Generation Sunshine State Standards adopted under s.
876	1003.41, including the core content knowledge and skills
877	necessary for successful grade-to-grade progression and high
878	school graduation. If a student is provided with instructional
879	accommodations in the classroom that are not allowable as
880	accommodations in the statewide assessment program, as described
881	in the test manuals, the district must inform the parent in
882	writing and must provide the parent with information regarding
883	the impact on the student's ability to meet expected performance
884	levels in reading, writing, mathematics, and science. The
885	commissioner shall conduct studies as necessary to verify that
886	the required core curricular content is part of the district
887	instructional programs.
888	11.  District school boards must provide opportunities for
889	students to demonstrate an acceptable performance level on an
890	alternative standardized subject area assessment or an end-of-
891	course assessment approved by the State Board of Education
892	following enrollment in summer academies.
893	12.  The Department of Education must develop, or select,
894	and implement a common battery of assessment tools that will be
895	used in all juvenile justice programs in the state. These tools
896	must accurately measure the core curricular content established
897	in the Next Generation Sunshine State Standards.
898	13.  For students seeking a special diploma pursuant to s.
899	1003.438, the Department of Education must develop or select and
900	implement an alternate assessment tool that accurately measures
901	the core curricular content established in the Next Generation
902	Sunshine State Standards for students with disabilities under s.
903	1003.438.
904	14.  The Commissioner of Education shall establish
905	schedules for the administration of statewide assessments and
906	the reporting of student test results. When establishing the
907	schedules for the administration of statewide assessments, the
908	commissioner shall consider the observance of religious and
909	school holidays. The commissioner shall, by August 1 of each
910	year, notify each school district in writing and publish on the
911	department's Internet website the testing and reporting
912	schedules for, at a minimum, the school year following the
913	upcoming school year. The testing and reporting schedules shall
914	require that:
915	a.  There is the latest possible administration of
916	statewide assessments and the earliest possible reporting to the
917	school districts of student test results which is feasible
918	within available technology and specific appropriations;
919	however, test results for the FCAT must be made available no
920	later than the week of June 8. Student results for end-of-course
921	assessments must be provided no later than 1 week after the
922	school district completes testing for each course.
923	b.  Beginning with the 2010-2011 school year, a statewide
924	comprehensive assessment in FCAT writing is not administered
925	earlier than the week of March 1 and a comprehensive statewide
926	assessment of any other subject is not administered earlier than
927	the week of April 15.
928	c.  A statewide, standardized end-of-course assessment is
929	administered during a 3-week period at the end of the course.
930	The commissioner shall select a 3-week administration period for
931	assessments that meets the intent of end-of-course assessments
932	and provides student results prior to the end of the course.
933	School districts shall select 1 testing week within the 3-week
934	administration period for each end-of-course assessment. For an
935	end-of-course assessment administered at the end of the first
936	semester, the commissioner shall determine the most appropriate
937	testing dates based on a school district's academic calendar.
938
939	The commissioner may, based on collaboration and input from
940	school districts, design and implement student testing programs,
941	for any grade level and subject area, necessary to effectively
942	monitor educational achievement in the state, including the
943	measurement of educational achievement of the Next Generation
944	Sunshine State Standards for students with disabilities.
945	Development and refinement of assessments shall include
946	universal design principles and accessibility standards that
947	will prevent any unintended obstacles for students with
948	disabilities while ensuring the validity and reliability of the
949	test. These principles should be applicable to all technology
950	platforms and assistive devices available for the assessments.
951	The field testing process and psychometric analyses for the
952	statewide assessment program must include an appropriate
953	percentage of students with disabilities and an evaluation or
954	determination of the effect of test items on such students.
955	(g)  Conduct ongoing analysis of the Study the cost and
956	student achievement impact of secondary end-of-course
957	assessments, including web-based and performance formats, and
958	report such information to the Legislature prior to
959	implementation.
960	(4)  STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
961	ACTIVITIES.-Beginning with the 2008-2009 school year, a district
962	school board shall prohibit each public school from suspending a
963	regular program of curricula for purposes of administering
964	practice tests or engaging in other test-preparation activities
965	for a statewide assessment. However, a district school board may
966	authorize a public school to engage in the following test-
967	preparation activities for a statewide assessment:
968	(b)  Providing individualized instruction in test-taking
969	strategies, without suspending the school's regular program of
970	curricula, for a student who is identified through performance
971	on a subject area assessment or an end-of-course assessment as
972	having a deficiency in test-taking skills scores at Level 1 or
973	Level 2 on a prior administration of the statewide assessment.
974	(c)  Providing individualized instruction in the content
975	knowledge and skills assessed, without suspending the school's
976	regular program of curricula, for a student who scores at Level
977	1 or Level 2 on a prior administration of the statewide
978	assessment or a student who, through a diagnostic assessment
979	administered by the school district, is identified as having a
980	deficiency in the content knowledge and skills assessed.
981	(7)  REQUIRED ANALYSES.-The commissioner shall provide, at
982	a minimum, for the following analyses of data produced by the
983	student achievement testing program:
984	(a)  The statistical system for the annual assessments
985	shall use measures of student learning, such as subject area
986	assessments and end-of-course assessments the FCAT, to determine
987	teacher, school, and school district statistical distributions,
988	which shall be determined using available data from the
989	assessments FCAT, and other data collection as deemed
990	appropriate by the Department of Education, to measure the
991	differences in student prior year achievement compared to the
992	current year achievement for the purposes of accountability and
993	recognition.
994	(9)  APPLICABILITY OF TESTING STANDARDS.-
995	(b)  A student must attain the passing scores on the
996	statewide assessment required for a standard high school diploma
997	or for high school course credits under sub-sub-subparagraphs
998	(3)(c)2.a.(I) and (II) which are in effect at the time the
999	student enters grade 9. If a student transfers into a high
1000	school, the school principal shall determine, in accordance with
1001	State Board of Education rule, whether the student must take an
1002	end-of-course assessment in a course for which the student has
1003	credit that was earned from the previous school.
1004	(c)  If the commissioner revises a statewide assessment and
1005	the revisions require the State Board of Education to modify the
1006	passing scores required for a standard high school diploma or
1007	for high school course credits under sub-sub-subparagraphs
1008	(3)(c)2.a.(I) and (II), the commissioner may, with approval of
1009	the state board, discontinue administration of the former
1010	assessment upon the graduation, based on normal student
1011	progression, of students participating in the final regular
1012	administration of the former assessment. The state board shall
1013	adopt by rule passing scores for the revised assessment which
1014	are statistically equivalent to passing scores on the
1015	discontinued assessment for a student required under paragraph
1016	(b) to attain passing scores on the discontinued assessment.
1017	(10)  CONCORDANT SCORES FOR THE FCAT.-
1018	(a)  The Commissioner of Education shall analyze the
1019	content and concordant data sets for nationally recognized high
1020	school achievement tests, including, but not limited to, the
1021	PSAT, PLAN, SAT, ACT, and College Placement Test, to assess if
1022	concordant scores for FCAT scores can be determined for high
1023	school graduation. When content alignment and concordant scores
1024	can be determined, the Commissioner of Education shall adopt
1025	those scores as meeting the graduation requirement in lieu of
1026	achieving the FCAT passing score and may adopt those scores as
1027	being sufficient to achieve additional purposes as determined by
1028	rule. Each time that test content or scoring procedures change
1029	for the FCAT or for a high school achievement test for which a
1030	concordant score is determined, new concordant scores must be
1031	determined.
1032	(b)  The State Board of Education may define by rule the
1033	allowable uses, other than to satisfy the high school graduation
1034	requirement, for concordant scores as described in this
1035	subsection. Such uses may include, but need not be limited to,
1036	achieving appropriate standardized test scores required for the
1037	awarding of Florida Bright Futures Scholarships and college
1038	placement.
1039	(10)(11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1040	(a)  The Commissioner of Education shall analyze the
1041	content and equivalent data sets for nationally recognized high
1042	school achievement tests and industry certification tests under
1043	the Industry Certification Funding List, pursuant to rules
1044	adopted by the State Board of Education, including, but not
1045	limited to, grade 10 FCAT Mathematics retakes until such retakes
1046	are discontinued pursuant to subsection (9), the PSAT, the PLAN,
1047	the SAT, the ACT, and the College Placement Test, to assess if
1048	equivalent scores for end-of-course assessment scores can be
1049	determined for passage of an end-of-course assessment. When
1050	content alignment and equivalent scores can be determined, the
1051	Commissioner of Education shall adopt those scores as meeting
1052	the requirement to pass the end-of-course assessment and as
1053	being sufficient to achieve additional purposes as determined by
1054	rule. Each time that assessment content or scoring procedures
1055	change for an end-of-course assessment or for a high school
1056	achievement test or an industry certification test under the
1057	Industry Certification Funding List, pursuant to rules adopted
1058	by the State Board of Education for which an equivalent score is
1059	determined, new equivalent scores must be determined.
1060	(b)  Use of an equivalent score adopted by the State Board
1061	of Education under paragraph (a) for purposes of grade
1062	adjustment, grade forgiveness, or course credit recovery is
1063	contingent upon and subject to district school board rules.
1064	(11)(12)  REPORTS.-The Department of Education shall
1065	annually provide a report to the Governor, the President of the
1066	Senate, and the Speaker of the House of Representatives on the
1067	following:
1068	(a)  Longitudinal performance of students in mathematics
1069	and reading.
1070	(b)  Longitudinal performance of students by grade level in
1071	mathematics and reading.
1072	(c)  Longitudinal performance regarding efforts to close
1073	the achievement gap.
1074	(d)  Other student performance data based on national norm-
1075	referenced and criterion-referenced tests, when available, and
1076	numbers of students who after 8th grade enroll in adult
1077	education rather than other secondary education.
1078	(12)(13)  RULES.-The State Board of Education shall adopt
1079	rules pursuant to ss. 120.536(1) and 120.54 to implement the
1080	provisions of this section.
1081	Section 10.  Subsection (1), paragraph (b) of subsection
1082	(2), subsections (3) and (4), paragraphs (b) and (c) of
1083	subsection (5), paragraphs (b) and (c) of subsection (6),
1084	paragraph (b) of subsection (7), and paragraphs (a) and (b) of
1085	subsection (8) of section 1008.25, Florida Statutes, are amended
1086	to read:
1087	1008.25  Public school student progression; remedial
1088	instruction; reporting requirements.-
1089	(1)  INTENT.-It is the intent of the Legislature that each
1090	student's progression from one grade to another be determined,
1091	in part, upon proficiency in language arts reading, writing,
1092	science, and mathematics; that district school board policies
1093	facilitate such proficiency; and that each student and his or
1094	her parent be informed of that student's academic progress.
1095	(2)  COMPREHENSIVE PROGRAM.-Each district school board
1096	shall establish a comprehensive program for student progression
1097	which must include:
1098	(b)  Specific levels of performance in language arts
1099	reading, writing, science, and mathematics for each grade level,
1100	including the levels of performance on statewide assessments as
1101	defined by the commissioner, below which a student must receive
1102	remediation or intervention services, or be retained within an
1103	intensive program that is different from the previous year's
1104	program and that takes into account the student's learning
1105	style.
1106	(3)  ALLOCATION OF RESOURCES.-District school boards shall
1107	allocate remedial and supplemental instruction and intervention
1108	resources to students in the following priority:
1109	(a)  Students who are deficient in reading by the end of
1110	grade 3.
1111	(b)  Students who fail to meet performance levels required
1112	for promotion consistent with the district school board's plan
1113	for student progression required in paragraph (2)(b).
1114	(4)  ASSESSMENT AND REMEDIATION.-
1115	(a)  Each student must participate in the statewide
1116	assessment program tests required by s. 1008.22. Each student
1117	who does not meet specific levels of performance as determined
1118	by the district school board in language arts FCAT reading,
1119	writing, science, and mathematics for each grade level, or who
1120	scores below Level 3 in FCAT reading or FCAT mathematics, must
1121	be provided with additional diagnostic assessments to determine
1122	the nature of the student's difficulty, the areas of academic
1123	need, and strategies for appropriate intervention and
1124	instruction as described in paragraph (b).
1125	(b)  The school in which the student is enrolled must
1126	develop, in consultation with the student's parent, and must
1127	implement a progress monitoring plan. A progress monitoring plan
1128	is intended to provide the school district and the school
1129	flexibility in meeting the academic needs of the student and to
1130	reduce paperwork. A student who is not meeting the school
1131	district or state requirements for proficiency in reading and
1132	math shall be covered by one of the following plans to target
1133	instruction and identify ways to improve his or her academic
1134	achievement:
1135	1.  A federally required student plan such as an individual
1136	education plan;
1137	2.  A schoolwide system of progress monitoring for all
1138	students; or
1139	3.  An individualized progress monitoring plan.
1140
1141	The plan chosen must be designed to assist the student or the
1142	school in meeting state and district expectations for
1143	proficiency. If the student has been identified as having a
1144	deficiency in reading, the K-12 comprehensive reading plan
1145	required by s. 1011.62(9) shall include instructional and
1146	support services to be provided to meet the desired levels of
1147	performance. District school boards may require low-performing
1148	students to attend remediation or intervention programs held
1149	before or after regular school hours or during the summer if
1150	transportation is provided.
1151	(c)  Upon subsequent evaluation, if the documented
1152	deficiency has not been remediated, the student may be retained.
1153	Each student who does not meet the minimum performance
1154	expectations defined by the Commissioner of Education for the
1155	statewide assessment tests in language arts reading, writing,
1156	science, and mathematics must continue to be provided with
1157	remedial or supplemental instruction or intervention services
1158	until the expectations are met or the student graduates from
1159	high school or is not subject to compulsory school attendance.
1160	(5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.-
1161	(b)  Beginning with the 2002-2003 school year, If the
1162	student's reading deficiency, as identified in paragraph (a), is
1163	not remedied by the end of grade 3, as demonstrated by scoring
1164	at Level 2 or higher on the statewide subject area assessment
1165	test in reading for grade 3, the student may must be retained at
1166	the discretion of the principal after consultation with the
1167	student's teacher and parent.
1168	(c)  The parent of any student who exhibits a substantial
1169	deficiency in reading, as described in paragraph (a), must be
1170	notified in writing of the following:
1171	1.  That his or her child has been identified as having a
1172	substantial deficiency in reading.
1173	2.  A description of the current services that are provided
1174	to the child.
1175	3.  A description of the proposed supplemental
1176	instructional services and supports that will be provided to the
1177	child that are designed to remediate the identified area of
1178	reading deficiency.
1179	4.  That if the child's reading deficiency is not
1180	remediated by the end of grade 3, the child may must be retained
1181	unless he or she is exempt from mandatory retention for good
1182	cause.
1183	5.  Strategies for parents to use in helping their child
1184	succeed in reading proficiency.
1185	6.  That the statewide subject area assessment Florida
1186	Comprehensive Assessment Test (FCAT) is not the sole determiner
1187	of promotion and that additional evaluations, portfolio reviews,
1188	and assessments are available to the child to assist parents and
1189	the school district in knowing when a child is reading at or
1190	above grade level and ready for grade promotion.
1191	7.  The district's specific criteria and policies for
1192	midyear promotion. Midyear promotion means promotion of a
1193	retained student at any time during the year of retention once
1194	the student has demonstrated ability to read at grade level.
1195	(6)  ELIMINATION OF SOCIAL PROMOTION.-
1196	(b)  The district school board may promote students only
1197	exempt students from mandatory retention, as provided in
1198	paragraph (5)(b), for good cause. Students promoted for good
1199	cause may include, but are not limited to, exemptions shall be
1200	limited to the following:
1201	1.  Limited English proficient students who have had less
1202	than 2 years of instruction in an English for Speakers of Other
1203	Languages program.
1204	2.  Students with disabilities whose individual education
1205	plan indicates that participation in the statewide assessment
1206	program is not appropriate, consistent with the requirements of
1207	State Board of Education rule.
1208	3.  Students who demonstrate an acceptable level of
1209	performance on an alternative standardized reading assessment
1210	approved by the State Board of Education.
1211	4.  Students who demonstrate, through a student portfolio,
1212	that the student is reading on grade level as evidenced by
1213	demonstration of mastery of the Next Generation Sunshine State
1214	Standards in reading equal to at least a Level 2 performance on
1215	the FCAT.
1216	5.  Students with disabilities who participate in the FCAT
1217	and who have an individual education plan or a Section 504 plan
1218	that reflects that the student has received intensive
1219	remediation or intervention services in reading for more than 2
1220	years but still demonstrates a deficiency in reading and was
1221	previously retained in kindergarten, grade 1, grade 2, or grade
1222	3.
1223	6.  Students who have received intensive remediation or
1224	intervention services in reading for 2 or more years but still
1225	demonstrate a deficiency in reading and who were previously
1226	retained in kindergarten, grade 1, grade 2, or grade 3 for a
1227	total of 2 years. Intensive reading instruction or intervention
1228	services for students so promoted must include an altered
1229	instructional day that includes specialized diagnostic
1230	information and specific reading strategies for each student.
1231	The district school board shall assist schools and teachers to
1232	implement reading strategies that research has shown to be
1233	successful in improving reading among low-performing readers.
1234	(c)  Promotions for good cause Requests for good cause
1235	exemptions for students from the mandatory retention requirement
1236	as described in subparagraphs (b)3. and 4. shall be made
1237	consistent with the following:
1238	1.  Documentation shall be submitted from the student's
1239	teacher to the school principal that indicates that the
1240	promotion of the student is appropriate and is based upon the
1241	student's academic record. In order to minimize paperwork
1242	requirements, such documentation shall consist only of the
1243	existing progress monitoring plan, individual educational plan,
1244	if applicable, report card, or student portfolio.
1245	2.  The school principal shall review and discuss such
1246	recommendation with the teacher and make the determination as to
1247	whether the student should be promoted or retained. If the
1248	school principal determines that the student should be promoted,
1249	the school principal shall make such recommendation in writing
1250	to the district school superintendent. The district school
1251	superintendent shall accept or reject the school principal's
1252	recommendation in writing.
1253	(7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.-
1254	(b)  Beginning with the 2004-2005 school year, Each school
1255	district shall:
1256	1.  Conduct a review of student progress monitoring plans
1257	for all students who did not score above Level 1 on the reading
1258	portion of the FCAT and did not meet the criteria for a one of
1259	the good cause promotion exemptions in paragraph (6)(b). The
1260	review shall address additional supports and services, as
1261	described in this subsection, needed to remediate the identified
1262	areas of reading deficiency. The school district shall require a
1263	student portfolio to be completed for each such student.
1264	2.  Provide students who are retained under the provisions
1265	of paragraph (5)(b) with intensive instructional services and
1266	supports to remediate the identified areas of reading
1267	deficiency, including a minimum of 90 minutes of daily,
1268	uninterrupted, scientifically research-based reading instruction
1269	and other strategies prescribed by the school district, which
1270	may include, but are not limited to:
1271	a.  Small group instruction.
1272	b.  Reduced teacher-student ratios.
1273	c.  More frequent progress monitoring.
1274	d.  Tutoring or mentoring.
1275	e.  Transition classes containing 3rd and 4th grade
1276	students.
1277	f.  Extended school day, week, or year.
1278	g.  Summer reading camps.
1279	3.  Provide written notification to the parent of any
1280	student who is retained under the provisions of paragraph (5)(b)
1281	that his or her child has not met the proficiency level required
1282	for promotion and the reasons the child is not eligible for a
1283	good cause promotion exemption as provided in paragraph (6)(b).
1284	The notification must comply with the provisions of s.
1285	1002.20(15) and must include a description of proposed
1286	interventions and supports that will be provided to the child to
1287	remediate the identified areas of reading deficiency.
1288	4.  Implement a policy for the midyear promotion of any
1289	student retained under the provisions of paragraph (5)(b) who
1290	can demonstrate that he or she is a successful and independent
1291	reader, reading at or above grade level, and ready to be
1292	promoted to grade 4. Tools that school districts may use in
1293	reevaluating any student retained may include subsequent
1294	assessments, alternative assessments, and portfolio reviews, in
1295	accordance with rules of the State Board of Education. Students
1296	promoted during the school year after November 1 must
1297	demonstrate proficiency above that required to score at Level 2
1298	on the grade 3 FCAT, as determined by the State Board of
1299	Education. The State Board of Education shall adopt standards
1300	that provide a reasonable expectation that the student's
1301	progress is sufficient to master appropriate 4th grade level
1302	reading skills.
1303	5.  Provide students who are retained under the provisions
1304	of paragraph (5)(b) with a high-performing teacher as determined
1305	by student performance data and above-satisfactory performance
1306	appraisals.
1307	6.  In addition to required reading enhancement and
1308	acceleration strategies, provide parents of students to be
1309	retained with at least one of the following instructional
1310	options:
1311	a.  Supplemental tutoring in scientifically research-based
1312	reading services in addition to the regular reading block,
1313	including tutoring before and/or after school.
1314	b.  A "Read at Home" plan outlined in a parental contract,
1315	including participation in "Families Building Better Readers
1316	Workshops" and regular parent-guided home reading.
1317	c.  A mentor or tutor with specialized reading training.
1318	7.  Establish a Reading Enhancement and Acceleration
1319	Development (READ) Initiative. The focus of the READ Initiative
1320	shall be to prevent the retention of grade 3 students and to
1321	offer intensive accelerated reading instruction to grade 3
1322	students who failed to meet standards for promotion to grade 4
1323	and to each K-3 student who is assessed as exhibiting a reading
1324	deficiency. The READ Initiative shall:
1325	a.  Be provided to all K-3 students at risk of retention as
1326	identified by the statewide assessment system used in Reading
1327	First schools. The assessment must measure phonemic awareness,
1328	phonics, fluency, vocabulary, and comprehension.
1329	b.  Be provided during regular school hours in addition to
1330	the regular reading instruction.
1331	c.  Provide a state-identified reading curriculum that has
1332	been reviewed by the Florida Center for Reading Research at
1333	Florida State University and meets, at a minimum, the following
1334	specifications:
1335	(I)  Assists students assessed as exhibiting a reading
1336	deficiency in developing the ability to read at grade level.
1337	(II)  Provides skill development in phonemic awareness,
1338	phonics, fluency, vocabulary, and comprehension.
1339	(III)  Provides scientifically based and reliable
1340	assessment.
1341	(IV)  Provides initial and ongoing analysis of each
1342	student's reading progress.
1343	(V)  Is implemented during regular school hours.
1344	(VI)  Provides a curriculum in core academic subjects to
1345	assist the student in maintaining or meeting proficiency levels
1346	for the appropriate grade in all academic subjects.
1347	8.  Establish at each school, where applicable, an
1348	Intensive Acceleration Class for retained grade 3 students who
1349	subsequently score at Level 1 on the reading portion of the
1350	FCAT. The focus of the Intensive Acceleration Class shall be to
1351	increase a child's reading level at least two grade levels in 1
1352	school year. The Intensive Acceleration Class shall:
1353	a.  Be provided to any student in grade 3 who does not meet
1354	the proficiency level in reading required for promotion scores
1355	at Level 1 on the reading portion of the FCAT and who was
1356	retained in grade 3 the prior year because of inadequate
1357	proficiency in reading scoring at Level 1 on the reading portion
1358	of the FCAT.
1359	b.  Have a reduced teacher-student ratio.
1360	c.  Provide uninterrupted reading instruction for the
1361	majority of student contact time each day and incorporate
1362	opportunities to master the grade 4 Next Generation Sunshine
1363	State Standards in other core subject areas.
1364	d.  Use a reading program that is scientifically research-
1365	based and has proven results in accelerating student reading
1366	achievement within the same school year.
1367	e.  Provide intensive language and vocabulary instruction
1368	using a scientifically research-based program, including use of
1369	a speech-language therapist.
1370	f.  Include weekly progress monitoring measures to ensure
1371	progress is being made.
1372	g.  Report to the Department of Education, in the manner
1373	described by the department, the progress of students in the
1374	class at the end of the first semester.
1375	9.  Report to the State Board of Education, as requested,
1376	on the specific intensive reading interventions and supports
1377	implemented at the school district level. The Commissioner of
1378	Education shall annually prescribe the required components of
1379	requested reports.
1380	10.  Provide a student who has been retained in grade 3 and
1381	has received intensive instructional services but is still not
1382	ready for grade promotion, as determined by the school district,
1383	the option of being placed in a transitional instructional
1384	setting. Such setting shall specifically be designed to produce
1385	learning gains sufficient to meet grade 4 performance standards
1386	while continuing to remediate the areas of reading deficiency.
1387	(8)  ANNUAL REPORT.-
1388	(a)  In addition to the requirements in paragraph (5)(b),
1389	each district school board must annually report to the parent of
1390	each student the progress of the student toward achieving state
1391	and district expectations for proficiency in language arts
1392	reading, writing, science, and mathematics. The district school
1393	board must report to the parent the student's results on each
1394	statewide assessment test. The evaluation of each student's
1395	progress must be based upon the student's classroom work,
1396	observations, tests, district and state assessments, and other
1397	relevant information. Progress reporting must be provided to the
1398	parent in writing in a format adopted by the district school
1399	board.
1400	(b)  Each district school board must annually publish in
1401	the local newspaper, and report in writing to the State Board of
1402	Education by September 1 of each year, the following information
1403	on the prior school year:
1404	1.  The provisions of this section relating to public
1405	school student progression and the district school board's
1406	policies and procedures on student retention and promotion.
1407	2.  By grade, the number and percentage of all students in
1408	grades 3 through 12 10 performing below proficiency levels for
1409	the grade on statewide subject area assessments and end-of-
1410	course assessments in language arts, mathematics, and science at
1411	Levels 1 and 2 on the reading portion of the FCAT.
1412	3.  By grade, the number and percentage of all students
1413	retained in grades 3 through 12 10.
1414	4.  Information on the total number of students who were
1415	promoted for good cause, by each category of good cause as
1416	specified in paragraph (6)(b).
1417	5.  Any revisions to the district school board's policy on
1418	student retention and promotion from the prior year.
1419	Section 11.  Subsection (3) of section 1008.30, Florida
1420	Statutes, is amended to read:
1421	1008.30  Common placement testing for public postsecondary
1422	education.-
1423	(3)  The State Board of Education shall adopt rules that
1424	require high schools to evaluate before the beginning of grade
1425	12 the college readiness of each student who indicates an
1426	interest in postsecondary education and scores at Level 2 or
1427	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1428	Level 3, or Level 4 on the mathematics assessments under s.
1429	1008.22(3)(c). High schools shall perform this evaluation using
1430	results from the corresponding component of the common placement
1431	test prescribed in this section, or an equivalent test
1432	identified by the State Board of Education. The Department of
1433	Education shall purchase or develop the assessments necessary to
1434	perform the evaluations required by this subsection and shall
1435	work with the school districts to administer the assessments.
1436	The State Board of Education shall establish by rule the minimum
1437	test scores a student must achieve to demonstrate readiness.
1438	Students who demonstrate readiness by achieving the minimum test
1439	scores established by the state board and enroll in a community
1440	college within 2 years of achieving such scores shall not be
1441	required to enroll in remediation courses as a condition of
1442	acceptance to any community college. The high school shall use
1443	the results of the test to advise the students of any identified
1444	deficiencies and to the maximum extent practicable provide 12th
1445	grade students access to appropriate remedial instruction prior
1446	to high school graduation. The remedial instruction provided
1447	under this subsection shall be a collaborative effort between
1448	secondary and postsecondary educational institutions. To the
1449	extent courses are available, the Florida Virtual School may be
1450	used to provide the remedial instruction required by this
1451	subsection.
1452	Section 12.  Paragraphs (b) and (c) of subsection (3) and
1453	subsection (4) of section 1008.34, Florida Statutes, are amended
1454	to read:
1455	1008.34  School grading system; school report cards;
1456	district grade.-
1457	(3)  DESIGNATION OF SCHOOL GRADES.-
1458	(b)1.  Beginning with the 2015-2016 school year for schools
1459	comprised of any combination of grades 3 through 8, 25 percent
1460	of the school grade shall be based on subject area assessment
1461	scores or end-of-course assessment scores in core and noncore
1462	subjects administered under s. 1008.22, as applicable, and the
1463	remaining 75 percent on the following factors:
1464	a.  Student achievement scores, including achievement
1465	scores for students seeking a special diploma;
1466	b.  Student learning gains as measured by annual subject
1467	area assessments in grades 3 through 5 or end-of-course
1468	assessments in grades 6 through 8 and learning gains for
1469	students seeking a special diploma as measured by alternate
1470	assessment tools, if necessary;
1471	c.  Improvement of the lowest 25th percentile of students
1472	in the school on subject area assessments in grades 3 through 5
1473	or end-of-course assessments in grades 6 through 8, unless these
1474	students are exhibiting satisfactory performance;
1475	d.  The overall academic performance of the students in the
1476	school based on grade point average, student portfolios,
1477	readiness for grade promotion, and, if determined by the State
1478	Board of Education, other measurable indicators of student
1479	progress;
1480	e.  The growth or decline in the components listed in sub-
1481	subparagraphs a.-d. from year to year; and
1482	f.  The school's use of technology and innovative
1483	practices. A school's grade shall be based on a combination of:
1484	a.  Student achievement scores, including achievement on
1485	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1486	of-course assessments administered under s. 1008.22(3)(c)2.a.,
1487	and achievement scores for students seeking a special diploma.
1488	b.  Student learning gains in reading and mathematics as
1489	measured by FCAT and end-of-course assessments, as described in
1490	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1491	a special diploma, as measured by an alternate assessment tool,
1492	shall be included not later than the 2009-2010 school year.
1493	c.  Improvement of the lowest 25th percentile of students
1494	in the school in reading and mathematics on the FCAT or end-of-
1495	course assessments described in s. 1008.22(3)(c)2.a., unless
1496	these students are exhibiting satisfactory performance.
1497	2.  Beginning with the 2015-2016 2009-2010 school year for
1498	schools comprised of high school grades 9, 10, 11, and 12, or
1499	grades 10, 11, and 12:
1500	a.  Fifty, 50 percent of the school grade shall be based on
1501	a combination of the following factors:
1502	(I)  Student achievement scores, including achievement
1503	scores for students seeking a special diploma;
1504	(II)  Student learning gains as measured by end-of-course
1505	assessments and learning gains for students seeking a special
1506	diploma as measured by alternate assessment tools, if necessary;
1507	and
1508	(III)  Improvement of the lowest 25th percentile of
1509	students in the school on end-of-course assessments, unless
1510	these students are exhibiting satisfactory performance. listed
1511	in sub-subparagraphs 1.a.-c. and
1512	b.  The remaining 50 percent of the school grade shall be
1513	based on the following factors:
1514	(I)a.  The high school graduation rate of the school;
1515	(II)b.  As valid data becomes available, the performance
1516	and participation of the school's students in College Board
1517	Advanced Placement courses, International Baccalaureate courses,
1518	dual enrollment courses, and Advanced International Certificate
1519	of Education courses; and the students' achievement of national
1520	industry certification identified in the Industry Certification
1521	Funding List, pursuant to rules adopted by the State Board of
1522	Education;
1523	(III)c.  Postsecondary readiness of the school's students
1524	as measured by the SAT, ACT, or the common placement test;
1525	(IV)d.  The high school graduation rate of at-risk students
1526	who did not meet proficiency levels scored at Level 2 or lower
1527	on the grade 8 end-of-course assessments in language arts,
1528	mathematics, and science FCAT Reading and Mathematics
1529	examinations;
1530	(V)e.  As valid data becomes available, The performance of
1531	the school's students on statewide standardized end-of-course
1532	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1533	(VI)f.  The growth or decline in the components listed in
1534	sub-sub-subparagraphs (I)-(V) sub-subparagraphs a.-e. from year
1535	to year.
1536	(c)  Student assessment data used in determining school
1537	grades shall include:
1538	1.  The aggregate scores of all eligible students enrolled
1539	in the school who have been assessed on the FCAT and statewide,
1540	standardized end-of-course assessments in courses required for
1541	high school graduation, including, beginning with the 2010-2011
1542	school year, the end-of-course assessment in Algebra I; and
1543	beginning with the 2011-2012 school year, the end-of-course
1544	assessments in geometry and Biology; and beginning with the
1545	2013-2014 school year, on the statewide, standardized end-of-
1546	course assessment in civics education at the middle school
1547	level.
1548	2.  The aggregate scores of all eligible students enrolled
1549	in the school who have been assessed on the FCAT and end-of-
1550	course assessments as described in s. 1008.22(3)(c)2.a., and who
1551	have scored at or in the lowest 25th percentile of students in
1552	the school in reading and mathematics, unless these students are
1553	exhibiting satisfactory performance.
1554	3.  The achievement scores and learning gains of eligible
1555	students attending alternative schools that provide dropout
1556	prevention and academic intervention services pursuant to s.
1557	1003.53. The term "eligible students" in this subparagraph does
1558	not include students attending an alternative school who are
1559	subject to district school board policies for expulsion for
1560	repeated or serious offenses, who are in dropout retrieval
1561	programs serving students who have officially been designated as
1562	dropouts, or who are in programs operated or contracted by the
1563	Department of Juvenile Justice. The student performance data for
1564	eligible students identified in this subparagraph shall be
1565	included in the calculation of the home school's grade. As used
1566	in this section and s. 1008.341, the term "home school" means
1567	the school to which the student would be assigned if the student
1568	were not assigned to an alternative school. If an alternative
1569	school chooses to be graded under this section, student
1570	performance data for eligible students identified in this
1571	subparagraph shall not be included in the home school's grade
1572	but shall be included only in the calculation of the alternative
1573	school's grade. A school district that fails to assign the FCAT
1574	and end-of-course assessment as described in s.
1575	1008.22(3)(c)2.a. scores of each of its students to his or her
1576	home school or to the alternative school that receives a grade
1577	shall forfeit Florida School Recognition Program funds for 1
1578	fiscal year. School districts must require collaboration between
1579	the home school and the alternative school in order to promote
1580	student success. This collaboration must include an annual
1581	discussion between the principal of the alternative school and
1582	the principal of each student's home school concerning the most
1583	appropriate school assignment of the student.
1584	4.  Beginning with the 2015-2016 school year for schools
1585	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1586	11, and 12, the data listed in subparagraphs 1.-3. and the
1587	following data as the Department of Education determines such
1588	data are valid and available:
1589	a.  The high school graduation rate of the school as
1590	calculated by the Department of Education;
1591	b.  The participation rate of all eligible students
1592	enrolled in the school and enrolled in College Board Advanced
1593	Placement courses; International Baccalaureate courses; dual
1594	enrollment courses; Advanced International Certificate of
1595	Education courses; and courses or sequence of courses leading to
1596	national industry certification identified in the Industry
1597	Certification Funding List, pursuant to rules adopted by the
1598	State Board of Education;
1599	c.  The aggregate scores of all eligible students enrolled
1600	in the school in College Board Advanced Placement courses,
1601	International Baccalaureate courses, and Advanced International
1602	Certificate of Education courses;
1603	d.  Earning of college credit by all eligible students
1604	enrolled in the school in dual enrollment programs under s.
1605	1007.271;
1606	e.  Earning of a national industry certification identified
1607	in the Industry Certification Funding List, pursuant to rules
1608	adopted by the State Board of Education;
1609	f.  The aggregate scores of all eligible students enrolled
1610	in the school in reading, mathematics, and other subjects as
1611	measured by the SAT, the ACT, and the common placement test for
1612	postsecondary readiness;
1613	g.  The high school graduation rate of all eligible at-risk
1614	students enrolled in the school who did not meet proficiency
1615	levels scored at Level 2 or lower on the grade 8 end-of-course
1616	assessments in language arts, mathematics, and science FCAT
1617	Reading and Mathematics examinations;
1618	h.  The performance of the school's students on statewide
1619	standardized end-of-course assessments administered under s.
1620	1008.22(3)(c)2.b. and c.; and
1621	i.  The growth or decline in the data components listed in
1622	sub-subparagraphs a.-h. from year to year.
1623
1624	The State Board of Education shall adopt appropriate criteria
1625	for each school grade. The criteria must also give added weight
1626	to student achievement in language arts reading. Schools
1627	designated with a grade of "C," making satisfactory progress,
1628	shall be required to demonstrate that adequate progress has been
1629	made by students in the school who are in the lowest 25th
1630	percentile on subject area assessments or end-of-course
1631	assessments in language arts reading and mathematics on the FCAT
1632	and on end-of-course assessments as described in s.
1633	1008.22(3)(c)2.a., unless these students are exhibiting
1634	satisfactory performance. Beginning with the 2015-2016 2009-2010
1635	school year for schools comprised of high school grades 9, 10,
1636	11, and 12, or grades 10, 11, and 12, the criteria for school
1637	grades must also give added weight to the graduation rate of all
1638	eligible at-risk students, as defined in this paragraph.
1639	Beginning in the 2015-2016 2009-2010 school year, in order for a
1640	high school to be designated as having a grade of "A," making
1641	excellent progress, the school must demonstrate that at-risk
1642	students, as defined in this paragraph, in the school are making
1643	adequate progress.
1644	(4)  SCHOOL IMPROVEMENT RATINGS.-The annual report shall
1645	identify each school's performance as having improved, remained
1646	the same, or declined. This school improvement rating shall be
1647	based on a comparison of the current year's and previous year's
1648	student and school performance data. Schools that improve at
1649	least one grade level are eligible for school recognition awards
1650	pursuant to s. 1008.36.
1651	Section 13.  Subsections (2) and (3) of section 1008.341,
1652	Florida Statutes, are amended to read:
1653	1008.341  School improvement rating for alternative
1654	schools.-
1655	(2)  SCHOOL IMPROVEMENT RATING.-An alternative school that
1656	provides dropout prevention and academic intervention services
1657	pursuant to s. 1003.53 shall receive a school improvement rating
1658	pursuant to this section. However, an alternative school shall
1659	not receive a school improvement rating if the number of its
1660	students for whom student performance data is available for the
1661	current year and previous year is less than the minimum sample
1662	size necessary, based on accepted professional practice, for
1663	statistical reliability and prevention of the unlawful release
1664	of personally identifiable student data under s. 1002.22 or 20
1665	U.S.C. s. 1232g. The school improvement rating shall identify an
1666	alternative school as having one of the following ratings
1667	defined according to rules of the State Board of Education:
1668	(a)  "Improving" means the students attending the school
1669	are making more academic progress than when the students were
1670	served in their home schools.
1671	(b)  "Maintaining" means the students attending the school
1672	are making progress equivalent to the progress made when the
1673	students were served in their home schools.
1674	(c)  "Declining" means the students attending the school
1675	are making less academic progress than when the students were
1676	served in their home schools.
1677
1678	The school improvement rating shall be based on a comparison of
1679	student performance data for the current year and previous year.
1680	Schools that improve at least one level or maintain an
1681	"improving" rating pursuant to this section are eligible for
1682	school recognition awards pursuant to s. 1008.36.
1683	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1684	used in determining an alternative school's school improvement
1685	rating shall include:
1686	(a)  The aggregate scores on statewide assessments
1687	administered under s. 1008.22 for all eligible students who were
1688	assigned to and enrolled in the school during the October or
1689	February FTE count and who have FCAT or comparable scores for
1690	the preceding school year.
1691	(b)  The overall academic performance of all eligible
1692	students in grades 3 through 12 based on grade point average,
1693	student portfolios, readiness for grade promotion, readiness for
1694	postsecondary education and careers, and, if determined by the
1695	State Board of Education, other measurable indicators of student
1696	progress. The aggregate scores on statewide assessments
1697	administered under s. 1008.22 for all eligible students who were
1698	assigned to and enrolled in the school during the October or
1699	February FTE count and who have scored in the lowest 25th
1700	percentile of students in the state on FCAT Reading.
1701
1702	The assessment scores of students who are subject to district
1703	school board policies for expulsion for repeated or serious
1704	offenses, who are in dropout retrieval programs serving students
1705	who have officially been designated as dropouts, or who are in
1706	programs operated or contracted by the Department of Juvenile
1707	Justice may not be included in an alternative school's school
1708	improvement rating.
1709	Section 14.  Section 1008.36, Florida Statutes, is amended
1710	to read:
1711	1008.36  Every Child Matters Program Florida School
1712	Recognition Program.-
1713	(1)  The Legislature finds that in order to provide every
1714	student enrolled in K-12 public schools with the opportunity to
1715	achieve a successful public education, academic problems must be
1716	identified early, with remediation and intervention services to
1717	follow there is a need for a performance incentive program for
1718	outstanding faculty and staff in highly productive schools. The
1719	Legislature further finds that performance-based incentives are
1720	commonplace in the private sector and should be infused into the
1721	public sector as a reward for productivity.
1722	(2)  The Every Child Matters Program Florida School
1723	Recognition Program is created to provide financial awards to
1724	public schools that:
1725	(a)  A curriculum-based, year-round measurement of academic
1726	performance for all public school students enrolled in
1727	kindergarten through grade 12. Sustain high performance by
1728	receiving a school grade of "A," making excellent progress; or
1729	(b)  Remediation and intervention services to all public
1730	school students enrolled in kindergarten through grade 12 who
1731	are not meeting grade-level performance expectations.
1732	Demonstrate exemplary improvement due to innovation and effort
1733	by improving at least one letter grade or by improving more than
1734	one letter grade and sustaining the improvement the following
1735	school year.
1736	(3)  All public schools, including charter schools, that
1737	receive a school grade pursuant to s. 1008.34 are eligible to
1738	participate in the program.
1739	(4)  All selected schools shall receive financial
1740	assistance awards depending on the availability of funds
1741	appropriated and the number and size of schools selected to
1742	receive an award. Funds must be distributed to the school's
1743	fiscal agent and placed in the school's account and must be used
1744	for purposes listed in subsection (5) as determined jointly by
1745	the school's staff and school advisory council. If school staff
1746	and the school advisory council cannot reach agreement by
1747	February 1, the awards must be equally distributed to all
1748	classroom teachers currently teaching in the school. If a school
1749	selected to receive a school recognition award is no longer in
1750	existence at the time the award is paid, the district school
1751	superintendent shall distribute the funds to teachers who taught
1752	at the school in the previous year in the form of a bonus.
1753	(5)  Every Child Matters Program funds School recognition
1754	awards must be used for the following:
1755	(a)  Administration of a regular formative assessment
1756	approved by the State Board of Education Nonrecurring bonuses to
1757	the faculty and staff;
1758	(b)  Nonrecurring expenditures for remediation of low-
1759	performing students, including remediation programs and
1760	intervention services adopted and administered by the Department
1761	of Education;
1762	(c)(b)  Nonrecurring expenditures for educational equipment
1763	or materials to assist in the remediation of low-performing
1764	students; maintaining and improving student performance; or
1765	(d)(c)  Temporary personnel for the school to assist in the
1766	remediation of low-performing students; maintaining and
1767	improving student performance.
1768	(e)  Contracts with private sector participants to provide
1769	remediation services if 90 percent of the personnel providing
1770	services reside in the state and the contracts include
1771	requirements to ensure that the private sector participants are
1772	accountable for performance; or
1773	(f)  Transportation of students pursuant to s. 1002.31(3).
1774	(6)  The Department of Education shall provide training and
1775	informational resources for educators to administer the
1776	formative assessment pursuant to paragraph (5)(a) and shall be
1777	responsible for developing and implementing provisions for the
1778	collection and analysis of the assessment data.
1779	(7)  The Department of Education shall establish policies
1780	and procedures for the development of individual education plans
1781	for low-performing students who receive remediation and
1782	intervention services pursuant to this section.
1783
1784	Notwithstanding statutory provisions to the contrary, incentive
1785	awards are not subject to collective bargaining.
1786	Section 15.  Paragraph (b) of subsection (1) of section
1787	1009.531, Florida Statutes, is amended to read:
1788	1009.531  Florida Bright Futures Scholarship Program;
1789	student eligibility requirements for initial awards.-
1790	(1)  Effective January 1, 2008, in order to be eligible for
1791	an initial award from any of the three types of scholarships
1792	under the Florida Bright Futures Scholarship Program, a student
1793	must:
1794	(b)  Earn a standard Florida high school diploma or its
1795	equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
1796	or s. 1003.435 unless:
1797	1.  The student completes a home education program
1798	according to s. 1002.41; or
1799	2.  The student earns a high school diploma from a non-
1800	Florida school while living with a parent or guardian who is on
1801	military or public service assignment away from Florida.
1802	Section 16.  Paragraph (d) of subsection (7) and paragraph
1803	(c) of subsection (9) of section 1011.62, Florida Statutes, are
1804	amended to read:
1805	1011.62  Funds for operation of schools.-If the annual
1806	allocation from the Florida Education Finance Program to each
1807	district for operation of schools is not determined in the
1808	annual appropriations act or the substantive bill implementing
1809	the annual appropriations act, it shall be determined as
1810	follows:
1811	(7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1812	(d)  Each district's allocation of sparsity supplement
1813	funds shall be adjusted in the following manner:
1814	1.  A maximum discretionary levy per FTE value for each
1815	district shall be calculated by dividing the value of each
1816	district's maximum discretionary levy by its FTE student count.
1817	2.  A state average discretionary levy value per FTE shall
1818	be calculated by dividing the total maximum discretionary levy
1819	value for all districts by the state total FTE student count.
1820	3.  A total potential funds per FTE for each district shall
1821	be calculated by dividing the total potential funds, not
1822	including Every Child Matters Program Florida School Recognition
1823	Program funds, Merit Award Program funds, and the minimum
1824	guarantee funds, for each district by its FTE student count.
1825	4.  A state average total potential funds per FTE shall be
1826	calculated by dividing the total potential funds, not including
1827	Every Child Matters Program Florida School Recognition Program
1828	funds, Merit Award Program funds, and the minimum guarantee
1829	funds, for all districts by the state total FTE student count.
1830	5.  For districts that have a levy value per FTE as
1831	calculated in subparagraph 1. higher than the state average
1832	calculated in subparagraph 2., a sparsity wealth adjustment
1833	shall be calculated as the product of the difference between the
1834	state average levy value per FTE calculated in subparagraph 2.
1835	and the district's levy value per FTE calculated in subparagraph
1836	1. and the district's FTE student count and -1. However, no
1837	district shall have a sparsity wealth adjustment that, when
1838	applied to the total potential funds calculated in subparagraph
1839	3., would cause the district's total potential funds per FTE to
1840	be less than the state average calculated in subparagraph 4.
1841	6.  Each district's sparsity supplement allocation shall be
1842	calculated by adding the amount calculated as specified in
1843	paragraphs (a) and (b) and the wealth adjustment amount
1844	calculated in this paragraph.
1845	(9)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.-
1846	(c)  Funds allocated under this subsection must be used to
1847	provide a system of comprehensive reading instruction to
1848	students enrolled in the K-12 programs, which may include the
1849	following:
1850	1.  The provision of highly qualified reading coaches.
1851	2.  Professional development for school district teachers
1852	in scientifically based reading instruction, including
1853	strategies to teach reading in content areas and with an
1854	emphasis on technical and informational text.
1855	3.  The provision of summer reading camps for students who
1856	are reading below grade level score at Level 1 on FCAT Reading.
1857	4.  The provision of supplemental instructional materials
1858	that are grounded in scientifically based reading research.
1859	5.  The provision of intensive interventions for middle and
1860	high school students reading below grade level.
1861	Section 17.  Paragraph (b) of subsection (1) of section
1862	1012.22, Florida Statutes, is amended to read:
1863	1012.22  Public school personnel; powers and duties of the
1864	district school board.-The district school board shall:
1865	(1)  Designate positions to be filled, prescribe
1866	qualifications for those positions, and provide for the
1867	appointment, compensation, promotion, suspension, and dismissal
1868	of employees as follows, subject to the requirements of this
1869	chapter:
1870	(b)  Time to act on nominations.-The district school board
1871	shall act not later than 3 weeks following the receipt of FCAT
1872	scores and data, including school grades, or June 30, whichever
1873	is later, on the district school superintendent's nominations of
1874	supervisors, principals, and members of the instructional staff.
1875	Section 18.  (1)  Effective upon this act becoming a law,
1876	the Commissioner of Education shall appoint a public school
1877	assessment and accountability alignment committee to develop:
1878	(a)  Standards for a revised statewide student assessment
1879	program under s. 1008.22, Florida Statutes, consisting of
1880	subject area assessments for students in grades 3 through 5,
1881	subject area assessments and end-of-course assessments in core
1882	and noncore subject areas for students in grades 6 through 12,
1883	and diagnostic assessments for students in grades 6, 8, and 10.
1884	(b)  Procedures for transitioning elementary schools from
1885	the use of the Florida Comprehensive Assessment Test (FCAT) to
1886	the use of subject area assessments and procedures for
1887	transitioning middle schools and high schools from the use of
1888	the FCAT to the use of subject area assessments and end-of-
1889	course assessments.
1890	(c)  Standards for revised formulas for determining school
1891	grades and school improvement ratings under ss. 1008.34 and
1892	1008.341, Florida Statutes.
1893	(2)  The committee shall align the components of the
1894	revised statewide student assessment program to best prepare
1895	students to progress from one grade to the next and to
1896	postsecondary education or careers after high school.
1897	(3)  To ensure that the alignment committee represents a
1898	cross-section of education stakeholders, it shall be composed of
1899	individuals from:
1900	(a)  The education community, including, but not limited
1901	to, teachers and administrators representing elementary,
1902	secondary, and higher education.
1903	(b)  Education associations, including, but not limited to,
1904	associations for teachers, school administrators, and district
1905	school boards.
1906	(c)  State government and local government.
1907	(d)  The business community.
1908	(e)  Independent education researchers or experts.
1909	(4)  Members of the alignment committee shall serve without
1910	compensation but may be reimbursed for per diem and travel
1911	expenses in accordance with s. 112.061, Florida Statutes.
1912	(5)  The alignment committee may conduct public hearings
1913	around the state to obtain public input for the development of a
1914	revised statewide student assessment program and formulas for
1915	determining school grades and school improvement ratings.
1916	(6)(a)  By August 1, 2012, the alignment committee shall
1917	begin work on the following:
1918	1.  Developing new subject area assessments for students in
1919	grades 3 through 5, subject area assessments and end-of-course
1920	assessments for students in grades 6 through 12, and diagnostic
1921	assessments for students in grades 6, 8, and 10.
1922	2.  Transitioning to a revised method for determining
1923	school grades and school improvement ratings based on factors
1924	that include subject area assessments, end-of-course
1925	assessments, overall student academic performance, and a
1926	school's use of technology and innovative practices.
1927	(b)  By August 1, 2014:
1928	1.  The State Board of Education shall adopt rules pursuant
1929	to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
1930	revised statewide student assessment program and school grading
1931	system as part of the state's public school assessment and
1932	accountability system beginning with the 2015-2016 school year.
1933	2.  The Department of Education and school districts shall
1934	begin training and professional development for teachers, school
1935	administrators, and other educational personnel in use of the
1936	new subject area assessments, end-of-course assessments, and
1937	diagnostic assessments.
1938	(7)  The alignment committee shall expire upon completion
1939	of its activities but no later than August 1, 2014.
1940	Section 19.  Except as otherwise expressly provided in this
1941	act and except for this section, which shall take effect upon
1942	this act becoming a law, this act shall take effect July 1,
1943	2015.

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