Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1696
       
       
       
       
       
       
                                Barcode 129976                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2011           .                                
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       The Committee on Budget Subcommittee on Education Pre-K - 12
       Appropriations (Wise) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (4) of section
    6  1001.20, Florida Statutes, is amended to read:
    7         1001.20 Department under direction of state board.—
    8         (4) The Department of Education shall establish the
    9  following offices within the Office of the Commissioner of
   10  Education which shall coordinate their activities with all other
   11  divisions and offices:
   12         (a) Office of Technology and Information Services.
   13  Responsible for developing a systemwide technology plan, making
   14  budget recommendations to the commissioner, providing data
   15  collection and management for the system, assisting school
   16  districts in securing Internet access and telecommunications
   17  services, including those eligible for funding under the Schools
   18  and Libraries Program of the federal Universal Service Fund, and
   19  coordinating services with other state, local, and private
   20  agencies. The office shall develop a method to address the need
   21  for a statewide approach to planning and operations of library
   22  and information services to achieve a single K-20 education
   23  system library information portal and a unified higher education
   24  library management system. The Florida Virtual School shall be
   25  administratively housed within the office.
   26         Section 2. Subsection (23) of section 1001.42, Florida
   27  Statutes, is amended to read:
   28         1001.42 Powers and duties of district school board.—The
   29  district school board, acting as a board, shall exercise all
   30  powers and perform all duties listed below:
   31         (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
   32  to enroll in courses available through the Florida Virtual
   33  School and award credit for successful completion of such
   34  courses. Access shall be available to students during and or
   35  after the normal school day and through summer school
   36  enrollment.
   37         Section 3. Section 1001.421, Florida Statutes, is created
   38  to read:
   39         1001.421 Gifts.—Notwithstanding any other provision of law
   40  to the contrary, district school board members and their
   41  relatives, as defined in s. 112.312(21), may not directly or
   42  indirectly solicit any gift, or directly or indirectly accept
   43  any gift in excess of $50, from any person, vendor, potential
   44  vendor, or other entity doing business with the school district.
   45  The term “gift” has the same meaning as in s. 112.312(12).
   46         Section 4. Paragraph (a) of subsection (1) of section
   47  1002.37, Florida Statutes, is amended to read:
   48         1002.37 The Florida Virtual School.—
   49         (1)(a) The Florida Virtual School is established for the
   50  development and delivery of online and distance learning
   51  education and shall be administratively housed within the
   52  Commissioner of Education’s Office of Technology and Information
   53  Services. The Commissioner of Education shall monitor the
   54  school’s performance and report its performance to the State
   55  Board of Education and the Legislature.
   56  
   57  The board of trustees of the Florida Virtual School shall
   58  identify appropriate performance measures and standards based on
   59  student achievement that reflect the school’s statutory mission
   60  and priorities, and shall implement an accountability system for
   61  the school that includes assessment of its effectiveness and
   62  efficiency in providing quality services that encourage high
   63  student achievement, seamless articulation, and maximum access.
   64         Section 5. Subsection (2) and paragraph (a) of subsection
   65  (3) of section 1002.38, Florida Statutes, are amended to read:
   66         1002.38 Opportunity Scholarship Program.—
   67         (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—For purposes of
   68  this section, a school’s grade shall be based upon statewide
   69  assessments administered pursuant to s. 1008.22. A public school
   70  student’s parent may request and receive from the state an
   71  opportunity scholarship for the student to enroll in and attend
   72  a private school in accordance with the provisions of this
   73  section if:
   74         (a)1. By assigned school attendance area or by special
   75  assignment, the student has spent the prior school year in
   76  attendance at a public school that has been designated pursuant
   77  to s. 1008.34 as performance grade category “F,” failing to make
   78  adequate progress, and that has had 2 school years in a 4-year
   79  period of such low performance, and the student’s attendance
   80  occurred during a school year in which such designation was in
   81  effect;
   82         2. The student has been in attendance elsewhere in the
   83  public school system and has been assigned to such school for
   84  the next school year; or
   85         3. The student is entering kindergarten or first grade and
   86  has been notified that the student has been assigned to such
   87  school for the next school year.
   88         (b) The parent has obtained acceptance for admission of the
   89  student to a private school eligible for the program pursuant to
   90  subsection (4), and has notified the Department of Education and
   91  the school district of the request for an opportunity
   92  scholarship no later than July 1 of the first year in which the
   93  student intends to use the scholarship.
   94  
   95  The provisions of this section do shall not apply to a student
   96  who is enrolled in a school operating for the purpose of
   97  providing educational services to youth in Department of
   98  Juvenile Justice commitment programs. For purposes of continuity
   99  of educational choice, the opportunity scholarship shall remain
  100  in force until the student returns to a public school or, if the
  101  student chooses to attend a private school the highest grade of
  102  which is grade 8, until the student matriculates to high school
  103  and the public high school to which the student is assigned is
  104  an accredited school with a performance grade category
  105  designation of “C” or better. However, at any time upon
  106  reasonable notice to the Department of Education and the school
  107  district, the student’s parent may remove the student from the
  108  private school and place the student in a public school, as
  109  provided in subparagraph (3)(a)2.
  110         (3) SCHOOL DISTRICT OBLIGATIONS.—
  111         (a) A school district shall, for each student enrolled in
  112  or assigned to a school that has been designated as performance
  113  grade category “F” for 2 school years in a 4-year period:
  114         1. Timely notify the parent of the student as soon as such
  115  designation is made of all options available pursuant to this
  116  section.
  117         2. Offer that student’s parent an opportunity to enroll the
  118  student in the public school within the district that has been
  119  designated by the state pursuant to s. 1008.34 as a school
  120  performing higher than that in which the student is currently
  121  enrolled or to which the student has been assigned, but not less
  122  than performance grade category “C.” The parent is not required
  123  to accept this offer in lieu of requesting a state opportunity
  124  scholarship to a private school. The opportunity to continue
  125  attending the higher performing public school shall remain in
  126  force until the student graduates from high school.
  127         Section 6. Paragraph (a) of subsection (4) of section
  128  1002.39, Florida Statutes, is amended to read:
  129         1002.39 The John M. McKay Scholarships for Students with
  130  Disabilities Program.—There is established a program that is
  131  separate and distinct from the Opportunity Scholarship Program
  132  and is named the John M. McKay Scholarships for Students with
  133  Disabilities Program.
  134         (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
  135         (a) For purposes of continuity of educational choice, a
  136  John M. McKay Scholarship shall remain in force until the
  137  student returns to a public school, graduates from high school,
  138  or reaches the age of 22, whichever occurs first. A scholarship
  139  student who enrolls in a public school or public school program
  140  is considered to have returned to a public school for the
  141  purpose of determining the end of the scholarship’s term.
  142  However, if a student enters a Department of Juvenile Justice
  143  detention center for a period of no more than 21 days, the
  144  student is not considered to have returned to a public school
  145  for that purpose.
  146         Section 7. Paragraph (b) of subsection (2) of section
  147  1002.45, Florida Statutes, is amended to read:
  148         1002.45 School district virtual instruction programs.—
  149         (2) PROVIDER QUALIFICATIONS.—
  150         (b) An approved provider shall retain its approved status
  151  during the 3 school years for a period of 3 years after the date
  152  of the department’s approval under paragraph (a) as long as the
  153  provider continues to comply with all requirements of this
  154  section.
  155         Section 8. Paragraph (e) is added to subsection (2) of
  156  section 1002.66, Florida Statutes, to read:
  157         1002.66 Specialized instructional services for children
  158  with disabilities.—
  159         (2) The parent of a child who is eligible for the
  160  prekindergarten program for children with disabilities may
  161  select one or more specialized instructional services that are
  162  consistent with the child’s individual educational plan. These
  163  specialized instructional services may include, but are not
  164  limited to:
  165         (e) Listening and Spoken Language specialists for any child
  166  who is deaf or hard of hearing and who has received an implant
  167  or assistive hearing device.
  168         Section 9. Subsection (1) and paragraph (c) of subsection
  169  (3) of section 1002.67, Florida Statutes, are amended to read:
  170         1002.67 Performance standards; curricula and
  171  accountability.—
  172         (1)(a) By April 1, 2005, the department shall develop and
  173  adopt performance standards for students in the Voluntary
  174  Prekindergarten Education Program. The performance standards
  175  must address the age-appropriate progress of students in the
  176  development of:
  177         1.(a) The capabilities, capacities, and skills required
  178  under s. 1(b), Art. IX of the State Constitution; and
  179         2.(b) Emergent literacy skills, including oral
  180  communication, knowledge of print and letters, phonemic and
  181  phonological awareness, and vocabulary and comprehension
  182  development.
  183         (b) The State Board of Education shall periodically review
  184  and revise the performance standards for the statewide
  185  kindergarten screening administered under s. 1002.69 and align
  186  the standards to the standards established by the state board
  187  for student performance on the statewide assessments
  188  administered pursuant to s. 1008.22.
  189         (3)
  190         (c)1. If the kindergarten readiness rate of a private
  191  prekindergarten provider or public school falls below the
  192  minimum rate adopted by the State Board of Education as
  193  satisfactory under s. 1002.69(6), the early learning coalition
  194  or school district, as applicable, shall require the provider or
  195  school to submit an improvement plan for approval by the
  196  coalition or school district, as applicable, and to implement
  197  the plan.
  198         2. If a private prekindergarten provider or public school
  199  fails to meet the minimum rate adopted by the State Board of
  200  Education as satisfactory under s. 1002.69(6) for 2 consecutive
  201  years, the early learning coalition or school district, as
  202  applicable, shall place the provider or school on probation and
  203  must require the provider or school to take certain corrective
  204  actions, including the use of a curriculum approved by the
  205  department under paragraph (2)(c).
  206         3. A private prekindergarten provider or public school that
  207  is placed on probation must continue the corrective actions
  208  required under subparagraph 2., including the use of a
  209  curriculum approved by the department, until the provider or
  210  school meets the minimum rate adopted by the State Board of
  211  Education as satisfactory under s. 1002.69(6).
  212         4. If a private prekindergarten provider or public school
  213  remains on probation for 2 consecutive years and fails to meet
  214  the minimum rate adopted by the State Board of Education as
  215  satisfactory under s. 1002.69(6) and is not granted a good cause
  216  exemption by the department pursuant to s. 1002.69(7), the
  217  Agency for Workforce Innovation shall require the early learning
  218  coalition or the Department of Education shall require the
  219  school district to remove, as applicable, the provider or school
  220  from eligibility to deliver the Voluntary Prekindergarten
  221  Education Program and receive state funds for the program.
  222         Section 10. Subsections (1), (5), and (6) and paragraphs
  223  (b) and (c) of subsection (7) of section 1002.69, Florida
  224  Statutes, are amended to read:
  225         1002.69 Statewide kindergarten screening; kindergarten
  226  readiness rates; state-approved prekindergarten enrollment
  227  screening; good cause exemption.—
  228         (1) The department shall adopt a statewide kindergarten
  229  screening that assesses the readiness of each student for
  230  kindergarten based upon the performance standards adopted by the
  231  department under s. 1002.67(1) for the Voluntary Prekindergarten
  232  Education Program. The department shall require that each school
  233  district administer the statewide kindergarten screening to each
  234  kindergarten student in the school district within the first 30
  235  school days of each school year. Nonpublic schools may
  236  administer the statewide kindergarten screening to each
  237  kindergarten student in a nonpublic school who was enrolled in
  238  the Voluntary Prekindergarten Education Program.
  239         (5) The State Board of Education shall adopt procedures for
  240  the department to annually calculate each private
  241  prekindergarten provider’s and public school’s kindergarten
  242  readiness rate, which must be expressed as the percentage of the
  243  provider’s or school’s students who are assessed as ready for
  244  kindergarten. The kindergarten readiness rates must be based
  245  exclusively upon the results of the statewide kindergarten
  246  screening for students completing the Voluntary Prekindergarten
  247  Education Program, beginning with students completing the
  248  program during the 2005-2006 school year who are administered
  249  the statewide kindergarten screening during the 2006-2007 school
  250  year. The methodology for calculating each provider’s
  251  kindergarten readiness rate must include the percentage of
  252  students who meet all state readiness measures. The rates must
  253  not include students who are not administered the statewide
  254  kindergarten screening.
  255         (6)(a) The State Board of Education shall periodically
  256  adopt a minimum kindergarten readiness rate that, if achieved by
  257  a private prekindergarten provider or public school, would
  258  demonstrate the provider’s or school’s satisfactory delivery of
  259  the Voluntary Prekindergarten Education Program.
  260         (b) The minimum rate must not exceed the rate at which more
  261  than 15 percent of the kindergarten readiness rates of all
  262  private prekindergarten providers and public schools delivering
  263  the Voluntary Prekindergarten Education Program in the state
  264  would fall below the minimum rate.
  265         (7)
  266         (b) A private prekindergarten provider’s or public school’s
  267  request for a good cause exemption, or renewal of such an
  268  exemption, must be submitted to the state board in the manner
  269  and within the timeframes prescribed by the state board and must
  270  include the following:
  271         1. Submission of data by the private prekindergarten
  272  provider or public school which documents on a standardized
  273  assessment the achievement and progress of the children served
  274  as measured by the state-approved prekindergarten enrollment
  275  screening and the standardized post-assessment approved by the
  276  department pursuant to subparagraph (c)1.
  277         2. Submission and review of data available from the
  278  respective early learning coalition or district school board,
  279  the Department of Children and Family Services, local licensing
  280  authority, or an accrediting association, as applicable,
  281  relating to the private prekindergarten provider’s or public
  282  school’s compliance with state and local health and safety
  283  standards.
  284         3. Submission and review of data available to the
  285  department on the performance of the children served and the
  286  calculation of the private prekindergarten provider’s or public
  287  school’s kindergarten readiness rate.
  288         (c) The State Board of Education shall adopt criteria for
  289  granting good cause exemptions. Such criteria shall include, but
  290  are not limited to:
  291         1. Learning gains of children served in the Voluntary
  292  Prekindergarten Education Program by the private prekindergarten
  293  provider or public school. A provider seeking a good cause
  294  exemption shall have the early learning coalition or a
  295  department-approved second party administer the state-approved
  296  prekindergarten enrollment screening to each child in the
  297  prekindergarten provider’s program within the first 30 days of
  298  each school year for which a good cause exemption is sought, and
  299  the provider shall administer the standardized post-assessment
  300  approved by the department to measure the student’s learning
  301  gains for the year or summer, as appropriate. All data must be
  302  submitted to the department within 30 days after the
  303  administration of each assessment. Each parent who enrolls his
  304  or her child in a Voluntary Prekindergarten Education Program
  305  offered by a provider seeking a good cause exemption must submit
  306  the child for the state-approved prekindergarten enrollment
  307  screening.
  308         2. Verification that the private prekindergarten provider
  309  or public school serves at least twice the statewide percentage
  310  of children with disabilities as defined in s. 1003.01(3)(a) or
  311  children identified as limited English proficient as defined in
  312  s. 1003.56.
  313         2.3. Verification that local and state health and safety
  314  requirements are met.
  315         Section 11. Subsection (4) of section 1002.71, Florida
  316  Statutes, is amended to read:
  317         1002.71 Funding; financial and attendance reporting.—
  318         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  319         (a) A child who, for any of the prekindergarten programs
  320  listed in s. 1002.53(3), has not completed more than 70 percent
  321  of the hours authorized to be reported for funding under
  322  subsection (2), or has not expended more than 70 percent of the
  323  funds authorized for the child under s. 1002.66, may withdraw
  324  from the program for good cause and reenroll in one of the
  325  programs. The total funding for a child who reenrolls in one of
  326  the programs for good cause may not exceed one full-time
  327  equivalent student. Funding for a child who withdraws and
  328  reenrolls in one of the programs for good cause shall be issued
  329  in accordance with the agency’s uniform attendance policy
  330  adopted pursuant to paragraph (6)(d).
  331         (b) A child who has not substantially completed any of the
  332  prekindergarten programs listed in s. 1002.53(3) may withdraw
  333  from the program due to an extreme hardship that is beyond the
  334  child’s or parent’s control, reenroll in one of the summer
  335  programs, and be reported for funding purposes as a full-time
  336  equivalent student in the summer program for which the child is
  337  reenrolled.
  338  
  339  A child may reenroll only once in a prekindergarten program
  340  under this section. A child who reenrolls in a prekindergarten
  341  program under this subsection may not subsequently withdraw from
  342  the program and reenroll, unless the child is granted a good
  343  cause exemption under this subsection. The Agency for Workforce
  344  Innovation shall establish criteria specifying whether a good
  345  cause exists for a child to withdraw from a program under
  346  paragraph (a), whether a child has substantially completed a
  347  program under paragraph (b), and whether an extreme hardship
  348  exists which is beyond the child’s or parent’s control under
  349  paragraph (b).
  350         Section 12. Subsection (2) of section 1002.73, Florida
  351  Statutes, is amended to read:
  352         1002.73 Department of Education; powers and duties;
  353  accountability requirements.—
  354         (2) The department shall adopt procedures for its:
  355         (a) Approval of prekindergarten director credentials under
  356  ss. 1002.55 and 1002.57.
  357         (b) Approval of emergent literacy training courses under
  358  ss. 1002.55 and 1002.59.
  359         (c) Administration of the statewide kindergarten screening
  360  and calculation of kindergarten readiness rates under s.
  361  1002.69.
  362         (d) Implementation of, and determination of costs
  363  associated with, the state-approved prekindergarten enrollment
  364  screening and the standardized post-assessment approved by the
  365  department, and determination of the learning gains of students
  366  who complete the state-approved prekindergarten enrollment
  367  screening and the standardized post-assessment approved by the
  368  department.
  369         (e)(d) Approval of specialized instructional services
  370  providers under s. 1002.66.
  371         (f) Annual reporting of the percentage of kindergarten
  372  students who meet all state readiness measures.
  373         (g)(e) Granting of a private prekindergarten provider’s or
  374  public school’s request for a good cause exemption under s.
  375  1002.69(7).
  376         Section 13. Paragraph (b) of subsection (3) of section
  377  1003.01, Florida Statutes, is amended to read:
  378         1003.01 Definitions.—As used in this chapter, the term:
  379         (3)
  380         (b) “Special education services” means specially designed
  381  instruction and such related services as are necessary for an
  382  exceptional student to benefit from education. Such services may
  383  include: transportation; diagnostic and evaluation services;
  384  social services; physical and occupational therapy; speech and
  385  language pathology services; job placement; orientation and
  386  mobility training; braillists, typists, and readers for the
  387  blind; interpreters and auditory amplification; services
  388  provided by a certified Listening and Spoken Language
  389  specialist; rehabilitation counseling; transition services;
  390  mental health services; guidance and career counseling;
  391  specified materials, assistive technology devices, and other
  392  specialized equipment; and other such services as approved by
  393  rules of the state board.
  394         Section 14. Subsection (1) of section 1003.4156, Florida
  395  Statutes, is amended to read:
  396         1003.4156 General requirements for middle grades
  397  promotion.—
  398         (1) Beginning with students entering grade 6 in the 2006
  399  2007 school year, Promotion from a school composed of middle
  400  grades 6, 7, and 8 requires that:
  401         (a) The student must successfully complete academic courses
  402  as follows:
  403         1. Three middle school or higher courses in English. These
  404  courses shall emphasize literature, composition, and technical
  405  text.
  406         2. Three middle school or higher courses in mathematics.
  407  Each middle school must offer at least one high school level
  408  mathematics course for which students may earn high school
  409  credit. Successful completion of a high school level Algebra I
  410  or geometry course is not contingent upon the student’s
  411  performance on the end-of-course assessment required under s.
  412  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  413  school year, to earn high school credit for an Algebra I course,
  414  a middle school student must pass the Algebra I end-of-course
  415  assessment, and beginning with the 2012-2013 school year, to
  416  earn high school credit for a geometry course, a middle school
  417  student must pass the geometry end-of-course assessment.
  418         3. Three middle school or higher courses in social studies,
  419  one semester of which must include the study of state and
  420  federal government and civics education. Beginning with students
  421  entering grade 6 in the 2012-2013 school year, one of these
  422  courses must be at least a one-semester civics education course
  423  that a student successfully completes in accordance with s.
  424  1008.22(3)(c) and that includes the roles and responsibilities
  425  of federal, state, and local governments; the structures and
  426  functions of the legislative, executive, and judicial branches
  427  of government; and the meaning and significance of historic
  428  documents, such as the Articles of Confederation, the
  429  Declaration of Independence, and the Constitution of the United
  430  States.
  431         4. Three middle school or higher courses in science.
  432  Successful completion of a high school level Biology I course is
  433  not contingent upon the student’s performance on the end-of
  434  course assessment required under s. 1008.22(3)(c)2.a.(II).
  435  However, beginning with the 2012-2013 school year, to earn high
  436  school credit for a Biology I course, a middle school student
  437  must pass the Biology I end-of-course assessment.
  438         5. One course in career and education planning to be
  439  completed in 7th or 8th grade. The course may be taught by any
  440  member of the instructional staff; must include career
  441  exploration using Florida CHOICES or a comparable cost-effective
  442  program; must include educational planning using the online
  443  student advising system known as Florida Academic Counseling and
  444  Tracking for Students at the Internet website FACTS.org; and
  445  shall result in the completion of a personalized academic and
  446  career plan. The required personalized academic and career plan
  447  must inform students of high school graduation requirements,
  448  high school assessment and college entrance test requirements,
  449  Florida Bright Futures Scholarship Program requirements, state
  450  university and Florida college admission requirements, and
  451  programs through which a high school student can earn college
  452  credit, including Advanced Placement, International
  453  Baccalaureate, Advanced International Certificate of Education,
  454  dual enrollment, career academy opportunities, and courses that
  455  lead to national industry certification.
  456  
  457  A student with a disability, as defined in s. 1007.02(2), for
  458  whom the individual education plan team determines that an end
  459  of-course assessment cannot accurately measure the student’s
  460  abilities, taking into consideration all allowable
  461  accommodations, shall have the end-of-course assessment results
  462  waived for purposes of determining the student’s course grade
  463  and completing the requirements for middle grades promotion.
  464  Each school must hold a parent meeting either in the evening or
  465  on a weekend to inform parents about the course curriculum and
  466  activities. Each student shall complete an electronic personal
  467  education plan that must be signed by the student; the student’s
  468  instructor, guidance counselor, or academic advisor; and the
  469  student’s parent. The Department of Education shall develop
  470  course frameworks and professional development materials for the
  471  career exploration and education planning course. The course may
  472  be implemented as a stand-alone course or integrated into
  473  another course or courses. The Commissioner of Education shall
  474  collect longitudinal high school course enrollment data by
  475  student ethnicity in order to analyze course-taking patterns.
  476         (b) For each year in which a student scores at Level l on
  477  FCAT Reading, the student must be enrolled in and complete an
  478  intensive reading course the following year. Placement of Level
  479  2 readers in either an intensive reading course or a content
  480  area course in which reading strategies are delivered shall be
  481  determined by diagnosis of reading needs. The department shall
  482  provide guidance on appropriate strategies for diagnosing and
  483  meeting the varying instructional needs of students reading
  484  below grade level. Reading courses shall be designed and offered
  485  pursuant to the comprehensive reading plan required by s.
  486  1011.62(9). A middle grades student who scores at Level 1 or
  487  Level 2 on FCAT Reading but who did not score below Level 3 in
  488  the previous 3 years may be granted a 1-year exemption from the
  489  reading remediation requirement; however, the student must have
  490  an approved academic improvement plan already in place, signed
  491  by the appropriate school staff and the student’s parent, for
  492  the year for which the exemption is granted.
  493         (c) For each year in which a student scores at Level 1 or
  494  Level 2 on FCAT Mathematics, the student must receive
  495  remediation the following year, which may be integrated into the
  496  student’s required mathematics course.
  497         Section 15. Section 1003.4203, Florida Statutes, is created
  498  to read:
  499         1003.4203 Digital curriculum.—
  500         (1) Each district school board, in consultation with the
  501  district school superintendent, may develop and implement a
  502  digital curriculum for students in grades 6 through 12 in order
  503  to enable students to attain competencies in web communications
  504  and web design. A digital curriculum may include web-based
  505  skills, web-based core technologies, web design, use of digital
  506  technologies and markup language to show competency in computer
  507  skills, and use of web-based core technologies to design
  508  creative, informational, and content standards for web-based
  509  digital products that demonstrate proficiency in creating,
  510  publishing, testing, monitoring, and maintaining a website.
  511         (2) The digital curriculum instruction may be integrated
  512  into middle school and high school subject area curricula or
  513  offered as a separate course, subject to available funding.
  514         (3) The Department of Education shall develop a model
  515  digital curriculum to serve as a guide for district school
  516  boards in the development of a digital curriculum.
  517         (4) A district school board may seek partnerships with
  518  private businesses and consultants to offer classes and
  519  instruction to teachers and students to assist the school
  520  district in providing digital curriculum instruction.
  521         Section 16. Paragraph (b) of subsection (2) of section
  522  1003.428, Florida Statutes, is amended to read:
  523         1003.428 General requirements for high school graduation;
  524  revised.—
  525         (2) The 24 credits may be earned through applied,
  526  integrated, and combined courses approved by the Department of
  527  Education. The 24 credits shall be distributed as follows:
  528         (b) Eight credits in electives.
  529         1. For each year in which a student scores at Level 1 on
  530  FCAT Reading, the student must be enrolled in and complete an
  531  intensive reading course the following year. Placement of Level
  532  2 readers in either an intensive reading course or a content
  533  area course in which reading strategies are delivered shall be
  534  determined by diagnosis of reading needs. The department shall
  535  provide guidance on appropriate strategies for diagnosing and
  536  meeting the varying instructional needs of students reading
  537  below grade level. Reading courses shall be designed and offered
  538  pursuant to the comprehensive reading plan required by s.
  539  1011.62(9). A high school student who scores at Level 1 or Level
  540  2 on FCAT Reading but who did not score below Level 3 in the
  541  previous 3 years may be granted a 1-year exemption from the
  542  reading remediation requirement; however, the student must have
  543  an approved academic improvement plan already in place, signed
  544  by the appropriate school staff and the student’s parent, for
  545  the year for which the exemption is granted.
  546         2. For each year in which a student scores at Level 1 or
  547  Level 2 on FCAT Mathematics, the student must receive
  548  remediation the following year. These courses may be taught
  549  through applied, integrated, or combined courses and are subject
  550  to approval by the department for inclusion in the Course Code
  551  Directory.
  552         Section 17. Subsections (2), (3), and (5) of section
  553  1003.491, Florida Statutes, are amended to read:
  554         1003.491 Florida Career and Professional Education Act.—The
  555  Florida Career and Professional Education Act is created to
  556  provide a statewide planning partnership between the business
  557  and education communities in order to attract, expand, and
  558  retain targeted, high-value industry and to sustain a strong,
  559  knowledge-based economy.
  560         (2) Beginning with the 2007-2008 school year, Each district
  561  school board shall develop, in collaboration with regional local
  562  workforce boards, economic development agencies, and
  563  postsecondary institutions approved to operate in the state, a
  564  strategic 5-year plan to address and meet local and regional
  565  workforce demands. If involvement of a regional the local
  566  workforce board or an economic development agency in the
  567  strategic plan development is not feasible, the local school
  568  board, with the approval of the Agency for Workforce Innovation,
  569  shall collaborate with the most appropriate regional local
  570  business leadership board. Two or more school districts may
  571  collaborate in the development of the strategic plan and offer a
  572  career and professional academy as a joint venture. The
  573  strategic plan Such plans must describe in detail provisions for
  574  the efficient transportation of students, the maximum use of
  575  shared resources, and access to courses aligned to state
  576  curriculum standards through virtual education providers
  577  legislatively authorized to provide part-time instruction to
  578  middle school students, and an objective review of career and
  579  professional academy courses to determine if the courses will
  580  lead to the attainment of industry certifications included on
  581  the Industry Certified Funding List pursuant to rules adopted by
  582  the State Board of Education the Florida Virtual School when
  583  appropriate. Each strategic plan shall be reviewed, updated, and
  584  jointly approved every 5 years by the local school district,
  585  regional workforce boards, economic development agencies, and
  586  state-approved postsecondary institutions completed no later
  587  than June 30, 2008, and shall include provisions to have in
  588  place at least one operational career and professional academy,
  589  pursuant to s. 1003.492, no later than the beginning of the
  590  2008-2009 school year.
  591         (3) The strategic 5-year plan developed jointly by between
  592  the local school district, regional local workforce boards,
  593  economic development agencies, and state-approved postsecondary
  594  institutions shall be constructed and based on:
  595         (a) Research conducted to objectively determine local and
  596  regional workforce needs for the ensuing 5 years, using labor
  597  projections of the United States Department of Labor and the
  598  Agency for Workforce Innovation;
  599         (b) Strategies to develop and implement career academies
  600  based on those careers determined to be in high demand;
  601         (c) Maximum use of private sector facilities and personnel;
  602         (d) Strategies that ensure instruction by industry
  603  certified faculty and standards and strategies to maintain
  604  current industry credentials and for recruiting and retaining
  605  faculty to meet those standards;
  606         (e) Alignment of to requirements for middle school career
  607  exploration, middle and high school career and professional
  608  academies leading to industry certification, and high school
  609  graduation requirements redesign;
  610         (f) Provisions to ensure that courses offered through
  611  career and professional academies are academically rigorous,
  612  meet or exceed appropriate state-adopted subject area standards,
  613  result in attainment of industry certification, and, when
  614  appropriate, result in postsecondary credit;
  615         (g) Strategies to improve the passage rate for industry
  616  certification examinations if the rate falls below 50 percent;
  617         (h)(g) Establishment of student eligibility criteria in
  618  career and professional academies which include opportunities
  619  for students who have been unsuccessful in traditional
  620  classrooms but who show aptitude to participate in academies.
  621  School boards shall address the analysis of eighth grade student
  622  achievement data to provide opportunities for students who may
  623  be deemed as potential dropouts to participate in career and
  624  professional academies;
  625         (i)(h) Strategies to provide sufficient space within
  626  academies to meet workforce needs and to provide access to all
  627  interested and qualified students;
  628         (j)(i) Strategies to implement engage Department of
  629  Juvenile Justice students in career and professional academy
  630  training that leads to industry certification at Department of
  631  Juvenile Justice facilities;
  632         (k)(j) Opportunities for high school students to earn
  633  weighted or dual enrollment credit for higher-level career and
  634  technical courses;
  635         (l)(k) Promotion of the benefits of the Gold Seal Bright
  636  Futures Scholarship;
  637         (m)(l) Strategies to ensure the review of district pupil
  638  progression plans and to amend such plans to include career and
  639  professional courses and to include courses that may qualify as
  640  substitute courses for core graduation requirements and those
  641  that may be counted as elective courses; and
  642         (n)(m) Strategies to provide professional development for
  643  secondary guidance counselors on the benefits of career and
  644  professional academies.
  645         (5) The submission and review of newly proposed core
  646  courses shall be conducted electronically, and each proposed
  647  core course shall be approved or denied within 60 days. All
  648  courses approved as core courses for purposes of middle school
  649  promotion and high school graduation purposes shall be
  650  immediately added to the Course Code Directory. Approved core
  651  courses shall also be reviewed and considered for approval for
  652  dual enrollment credit. The Board of Governors and the
  653  Commissioner of Education shall jointly recommend an annual
  654  deadline for approval of new core courses to be included for
  655  purposes of postsecondary admissions and dual enrollment credit
  656  the following academic year. The State Board of Education shall
  657  establish an appeals process in the event that a proposed course
  658  is denied which shall require a consensus ruling by the Agency
  659  for Workforce Innovation and the Commissioner of Education
  660  within 15 days. The curriculum review committee must be
  661  established and operational no later than September 1, 2007.
  662         Section 18. Subsections (2), (4), (5), and (6) of section
  663  1003.493, Florida Statutes, are amended to read:
  664         1003.493 Career and professional academies.—
  665         (2) The goals of a career and professional academy are to:
  666         (a) Increase student academic achievement and graduation
  667  rates through integrated academic and career curricula.
  668         (b) Prepare graduating high school students to make
  669  appropriate choices relative to employment and future
  670  educational experiences.
  671         (c) Focus on career preparation through rigorous academics
  672  and industry certification.
  673         (d) Raise student aspiration and commitment to academic
  674  achievement and work ethics through relevant coursework.
  675         (e) Support graduation requirements pursuant to s. 1003.428
  676  by providing creative, applied major areas of interest.
  677         (e)(f) Promote acceleration mechanisms, such as dual
  678  enrollment, articulated credit, or occupational completion
  679  points, so that students may earn postsecondary credit while in
  680  high school.
  681         (f)(g) Support the state’s economy by meeting industry
  682  needs for skilled employees in high-demand occupations.
  683         (4) Each career and professional academy must:
  684         (a) Provide a rigorous standards-based academic curriculum
  685  integrated with a career curriculum. The curriculum must take
  686  into consideration multiple styles of student learning; promote
  687  learning by doing through application and adaptation; maximize
  688  relevance of the subject matter; enhance each student’s capacity
  689  to excel; and include an emphasis on work habits and work
  690  ethics.
  691         (b) Include one or more partnerships with postsecondary
  692  institutions, businesses, industry, employers, economic
  693  development organizations, or other appropriate partners from
  694  the local community. Such partnerships shall be delineated in
  695  articulation agreements to provide for career-based courses that
  696  earn postsecondary credit. Such agreements may include
  697  articulation between the academy and public or private 2-year
  698  and 4-year postsecondary institutions and technical centers. The
  699  Department of Education, in consultation with the Board of
  700  Governors, shall establish a mechanism to ensure articulation
  701  and transfer of credits to postsecondary institutions in this
  702  state. Such partnerships must provide opportunities for:
  703         1. Instruction from highly skilled professionals who
  704  possess industry-certification credentials for courses they are
  705  teaching.
  706         2. Internships, externships, and on-the-job training.
  707         3. A postsecondary degree, diploma, or certificate.
  708         4. The highest available level of industry certification.
  709         5. Maximum articulation of credits pursuant to s. 1007.23
  710  upon program completion.
  711         (c) Provide shared, maximum use of private sector
  712  facilities and personnel.
  713         (d) Provide personalized student advisement, including a
  714  parent-participation component, and coordination with middle
  715  schools to promote and support career exploration and education
  716  planning as required under s. 1003.4156. Coordination with
  717  middle schools must provide information to middle school
  718  students about secondary and postsecondary career education
  719  programs and academies.
  720         (e) Promote and provide opportunities for career and
  721  professional academy students to attain, at minimum, the Florida
  722  Gold Seal Vocational Scholars award pursuant to s. 1009.536.
  723         (f) Provide instruction in careers designated as high
  724  growth, high demand, and high pay by the regional local
  725  workforce development board, the chamber of commerce, economic
  726  development agencies, or the Agency for Workforce Innovation.
  727         (g) Deliver academic content through instruction relevant
  728  to the career, including intensive reading and mathematics
  729  intervention required by s. 1003.428, with an emphasis on
  730  strengthening reading for information skills.
  731         (h) Offer applied courses that combine academic content
  732  with technical skills.
  733         (i) Provide instruction resulting in competency,
  734  certification, or credentials in workplace skills, including,
  735  but not limited to, communication skills, interpersonal skills,
  736  decisionmaking skills, the importance of attendance and
  737  timeliness in the work environment, and work ethics.
  738         (j) Include a plan to sustain career and professional
  739  academies Provide opportunities for students to obtain the
  740  Florida Ready to Work Certification pursuant to s. 1004.99.
  741         (k) Include an evaluation plan developed jointly with the
  742  Department of Education and the local workforce board. The
  743  evaluation plan must include an assessment tool based on
  744  national industry standards, such as the Career Academy National
  745  Standards of Practice, and outcome measures, including, but not
  746  limited to, achievement of national industry certifications
  747  identified in the Industry Certification Funding List, pursuant
  748  to rules adopted by the State Board of Education, graduation
  749  rates, enrollment in postsecondary education, business and
  750  industry satisfaction, employment and earnings, awards of
  751  postsecondary credit and scholarships, and student achievement
  752  levels and learning gains on statewide assessments administered
  753  under s. 1008.22(3)(c). The Department of Education shall use
  754  Workforce Florida, Inc., and Enterprise Florida, Inc., in
  755  identifying industry experts to participate in developing and
  756  implementing such assessments.
  757         (k)(m) Redirect appropriated career funding to career and
  758  professional academies.
  759         (5) All career courses offered in a career and professional
  760  academy must lead to industry certification or college credit
  761  linked directly to the career theme of the course. If the
  762  passage rate on an industry certification examination that is
  763  associated with the career and professional academy falls below
  764  50 percent, the academy must discontinue enrollment of new
  765  students the following school year and each year thereafter
  766  until such time as the passage rate is above 50 percent or the
  767  academy is discontinued. At least 50 percent of students
  768  enrolled in a career course must achieve industry certifications
  769  or college credits during the second year the course is offered
  770  in order for the course to be offered a third year. At least 66
  771  percent of students enrolled in such a course must achieve
  772  industry certifications or college credits during the third year
  773  the course is offered in order for it to be offered a fourth
  774  year and thereafter.
  775         (6) Workforce Florida, Inc., through the secondary career
  776  academies initiatives, The Okaloosa County School District
  777  CHOICE Institutes shall serve in an advisory role and shall
  778  offer technical assistance in the development and deployment of
  779  newly established career and professional academies for a 3-year
  780  period beginning July 1, 2007.
  781         Section 19. Section 1003.4935, Florida Statutes, is created
  782  to read:
  783         1003.4935 Middle school career and professional academy
  784  courses.—
  785         (1) Beginning with the 2011-2012 school year, each district
  786  school board, in collaboration with regional workforce boards,
  787  economic development agencies, and state-approved postsecondary
  788  institutions, shall include plans to implement a career and
  789  professional academy in at least one middle school in the
  790  district as part of the strategic 5-year plan pursuant to s.
  791  1003.491(2). The middle school career and professional academy
  792  component of the strategic plan must ensure the transition of
  793  middle school career and professional academy students to a high
  794  school career and professional academy currently operating
  795  within the school district. Students who complete a middle
  796  school career and professional academy must have the opportunity
  797  to earn an industry certificate and high school credit and
  798  participate in career planning, job shadowing, and business
  799  leadership development activities.
  800         (2) Each middle school career and professional academy must
  801  be aligned with at least one high school career and professional
  802  academy offered in the district and maintain partnerships with
  803  local business and industry and economic development boards.
  804  Middle school career and professional academies must:
  805         (a) Provide instruction in courses leading to careers in
  806  occupations designated as high growth, high demand, and high pay
  807  in the Industry Certification Funding List approved under rules
  808  adopted by the State Board of Education;
  809         (b) Offer career and professional academy courses that
  810  integrate content from core subject areas;
  811         (c) Offer courses that integrate career and professional
  812  academy content with intensive reading and mathematics pursuant
  813  to s. 1003.428;
  814         (d) Coordinate with high schools to maximize opportunities
  815  for middle school career and professional academy students to
  816  earn high school credit;
  817         (e) Provide access to virtual instruction courses provided
  818  by virtual education providers legislatively authorized to
  819  provide part-time instruction to middle school students which
  820  are aligned to state curriculum standards for middle school
  821  career and professional academy students, with priority given to
  822  students who have required course deficits;
  823         (f) Provide instruction from highly skilled professionals
  824  who hold industry certificates in the career area in which they
  825  teach;
  826         (g) Offer externships; and
  827         (h) Provide personalized student advisement that includes a
  828  parent-participation component.
  829         (3) Beginning with the 2012-2013 school year, if a school
  830  district implements a middle school career and professional
  831  academy, the Department of Education shall collect and report
  832  student achievement data pursuant to performance factors
  833  identified under s. 1003.492(3) for academy students.
  834         Section 20. Section 1003.575, Florida Statutes, is amended
  835  to read:
  836         1003.575 Assistive technology devices; findings;
  837  interagency agreements.—Accessibility, utilization, and
  838  coordination of appropriate assistive technology devices and
  839  services are essential as a young person with disabilities moves
  840  from early intervention to preschool, from preschool to school,
  841  from one school to another, and from school to employment or
  842  independent living. If an individual education plan team makes a
  843  recommendation in accordance with State Board of Education rule
  844  for a student with a disability, as defined in s. 1003.01(3), to
  845  receive an assistive technology assessment, that assessment must
  846  be completed within 60 school days after the team’s
  847  recommendation. To ensure that an assistive technology device
  848  issued to a young person as part of his or her individualized
  849  family support plan, individual support plan, or an individual
  850  education plan remains with the individual through such
  851  transitions, the following agencies shall enter into interagency
  852  agreements, as appropriate, to ensure the transaction of
  853  assistive technology devices:
  854         (1) The Florida Infants and Toddlers Early Intervention
  855  Program in the Division of Children’s Medical Services of the
  856  Department of Health.
  857         (2) The Division of Blind Services, the Bureau of
  858  Exceptional Education and Student Services, and the Division of
  859  Vocational Rehabilitation of the Department of Education.
  860         (3) The Voluntary Prekindergarten Education Program
  861  administered by the Department of Education and the Agency for
  862  Workforce Innovation.
  863  
  864  Interagency agreements entered into pursuant to this section
  865  shall provide a framework for ensuring that young persons with
  866  disabilities and their families, educators, and employers are
  867  informed about the utilization and coordination of assistive
  868  technology devices and services that may assist in meeting
  869  transition needs, and shall establish a mechanism by which a
  870  young person or his or her parent may request that an assistive
  871  technology device remain with the young person as he or she
  872  moves through the continuum from home to school to postschool.
  873         Section 21. Effective upon this act becoming a law,
  874  subsection (2) and paragraph (c) of subsection (3) of section
  875  1008.22, Florida Statutes, are amended to read:
  876         1008.22 Student assessment program for public schools.—
  877         (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
  878  Florida’s intent to participate in the measurement of national
  879  educational goals. The Commissioner of Education shall direct
  880  Florida school districts to participate in the administration of
  881  the National Assessment of Educational Progress, or a similar
  882  national or international assessment program, both for the
  883  national sample and for any state-by-state comparison programs
  884  which may be initiated. The assessments must be conducted using
  885  the data collection procedures, the student surveys, the
  886  educator surveys, and other instruments included in the National
  887  Assessment of Educational Progress or similar national or
  888  international assessment program being administered in Florida.
  889  The results of these assessments shall be included in the annual
  890  report of the Commissioner of Education specified in this
  891  section, as applicable. The administration of the National
  892  Assessment of Educational Progress or similar national or
  893  international assessment program shall be in addition to and
  894  separate from the administration of the statewide assessment
  895  program.
  896         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  897  design and implement a statewide program of educational
  898  assessment that provides information for the improvement of the
  899  operation and management of the public schools, including
  900  schools operating for the purpose of providing educational
  901  services to youth in Department of Juvenile Justice programs.
  902  The commissioner may enter into contracts for the continued
  903  administration of the assessment, testing, and evaluation
  904  programs authorized and funded by the Legislature. Contracts may
  905  be initiated in 1 fiscal year and continue into the next and may
  906  be paid from the appropriations of either or both fiscal years.
  907  The commissioner is authorized to negotiate for the sale or
  908  lease of tests, scoring protocols, test scoring services, and
  909  related materials developed pursuant to law. Pursuant to the
  910  statewide assessment program, the commissioner shall:
  911         (c) Develop and implement a student achievement testing
  912  program as follows:
  913         1. The Florida Comprehensive Assessment Test (FCAT)
  914  measures a student’s content knowledge and skills in reading,
  915  writing, science, and mathematics. The content knowledge and
  916  skills assessed by the FCAT must be aligned to the core
  917  curricular content established in the Next Generation Sunshine
  918  State Standards. Other content areas may be included as directed
  919  by the commissioner. Comprehensive assessments of reading and
  920  mathematics shall be administered annually in grades 3 through
  921  10 except, beginning with the 2010-2011 school year, the
  922  administration of grade 9 FCAT Mathematics shall be
  923  discontinued, and beginning with the 2011-2012 school year, the
  924  administration of grade 10 FCAT Mathematics shall be
  925  discontinued, except as required for students who have not
  926  attained minimum performance expectations for graduation as
  927  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  928  shall be administered at least once at the elementary, middle,
  929  and high school levels except, beginning with the 2011-2012
  930  school year, the administration of FCAT Science at the high
  931  school level shall be discontinued.
  932         2.a. End-of-course assessments for a subject shall be
  933  administered in addition to the comprehensive assessments
  934  required under subparagraph 1. End-of-course assessments must be
  935  rigorous, statewide, standardized, and developed or approved by
  936  the department. The content knowledge and skills assessed by
  937  end-of-course assessments must be aligned to the core curricular
  938  content established in the Next Generation Sunshine State
  939  Standards.
  940         (I) Statewide, standardized end-of-course assessments in
  941  mathematics shall be administered according to this sub-sub
  942  subparagraph. Beginning with the 2010-2011 school year, all
  943  students enrolled in Algebra I or an equivalent course must take
  944  the Algebra I end-of-course assessment. Students who earned high
  945  school credit in Algebra I while in grades 6 through 8 during
  946  the 2007-2008 through 2009-2010 school years and who have not
  947  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  948  course assessment during the 2010-2011 school year. For students
  949  entering grade 9 during the 2010-2011 school year and who are
  950  enrolled in Algebra I or an equivalent, each student’s
  951  performance on the end-of-course assessment in Algebra I shall
  952  constitute 30 percent of the student’s final course grade.
  953  Beginning with students entering grade 9 in the 2011-2012 school
  954  year, a student who is enrolled in Algebra I or an equivalent
  955  must earn a passing score on the end-of-course assessment in
  956  Algebra I or attain an equivalent score as described in
  957  subsection (11) in order to earn course credit. Beginning with
  958  the 2011-2012 school year, all students enrolled in geometry or
  959  an equivalent course must take the geometry end-of-course
  960  assessment. For students entering grade 9 during the 2011-2012
  961  school year, each student’s performance on the end-of-course
  962  assessment in geometry shall constitute 30 percent of the
  963  student’s final course grade. Beginning with students entering
  964  grade 9 during the 2012-2013 school year, a student must earn a
  965  passing score on the end-of-course assessment in geometry or
  966  attain an equivalent score as described in subsection (11) in
  967  order to earn course credit.
  968         (II) Statewide, standardized end-of-course assessments in
  969  science shall be administered according to this sub-sub
  970  subparagraph. Beginning with the 2011-2012 school year, all
  971  students enrolled in Biology I or an equivalent course must take
  972  the Biology I end-of-course assessment. For the 2011-2012 school
  973  year, each student’s performance on the end-of-course assessment
  974  in Biology I shall constitute 30 percent of the student’s final
  975  course grade. Beginning with students entering grade 9 during
  976  the 2012-2013 school year, a student must earn a passing score
  977  on the end-of-course assessment in Biology I in order to earn
  978  course credit.
  979         b. During the 2012-2013 school year, an end-of-course
  980  assessment in civics education shall be administered as a field
  981  test at the middle school level. During the 2013-2014 school
  982  year, each student’s performance on the statewide, standardized
  983  end-of-course assessment in civics education shall constitute 30
  984  percent of the student’s final course grade. Beginning with the
  985  2014-2015 school year, a student must earn a passing score on
  986  the end-of-course assessment in civics education in order to
  987  pass the course and be promoted from the middle grades receive
  988  course credit. The school principal of a middle school shall
  989  determine, in accordance with State Board of Education rule,
  990  whether a student who transfers to the middle school and who has
  991  successfully completed a civics education course at the
  992  student’s previous school must take an end-of-course assessment
  993  in civics education.
  994         c. The commissioner may select one or more nationally
  995  developed comprehensive examinations, which may include, but
  996  need not be limited to, examinations for a College Board
  997  Advanced Placement course, International Baccalaureate course,
  998  or Advanced International Certificate of Education course, or
  999  industry-approved examinations to earn national industry
 1000  certifications identified in the Industry Certification Funding
 1001  List, pursuant to rules adopted by the State Board of Education,
 1002  for use as end-of-course assessments under this paragraph, if
 1003  the commissioner determines that the content knowledge and
 1004  skills assessed by the examinations meet or exceed the grade
 1005  level expectations for the core curricular content established
 1006  for the course in the Next Generation Sunshine State Standards.
 1007  The commissioner may collaborate with the American Diploma
 1008  Project in the adoption or development of rigorous end-of-course
 1009  assessments that are aligned to the Next Generation Sunshine
 1010  State Standards.
 1011         d. Contingent upon funding provided in the General
 1012  Appropriations Act, including the appropriation of funds
 1013  received through federal grants, the Commissioner of Education
 1014  shall establish an implementation schedule for the development
 1015  and administration of additional statewide, standardized end-of
 1016  course assessments in English/Language Arts II, Algebra II,
 1017  chemistry, physics, earth/space science, United States history,
 1018  and world history. Priority shall be given to the development of
 1019  end-of-course assessments in English/Language Arts II. The
 1020  Commissioner of Education shall evaluate the feasibility and
 1021  effect of transitioning from the grade 9 and grade 10 FCAT
 1022  Reading and high school level FCAT Writing to an end-of-course
 1023  assessment in English/Language Arts II. The commissioner shall
 1024  report the results of the evaluation to the President of the
 1025  Senate and the Speaker of the House of Representatives no later
 1026  than July 1, 2011.
 1027         3. The testing program shall measure student content
 1028  knowledge and skills adopted by the State Board of Education as
 1029  specified in paragraph (a) and measure and report student
 1030  performance levels of all students assessed in reading, writing,
 1031  mathematics, and science. The commissioner shall provide for the
 1032  tests to be developed or obtained, as appropriate, through
 1033  contracts and project agreements with private vendors, public
 1034  vendors, public agencies, postsecondary educational
 1035  institutions, or school districts. The commissioner shall obtain
 1036  input with respect to the design and implementation of the
 1037  testing program from state educators, assistive technology
 1038  experts, and the public.
 1039         4. The testing program shall be composed of criterion
 1040  referenced tests that shall, to the extent determined by the
 1041  commissioner, include test items that require the student to
 1042  produce information or perform tasks in such a way that the core
 1043  content knowledge and skills he or she uses can be measured.
 1044         5. FCAT Reading, Mathematics, and Science and all
 1045  statewide, standardized end-of-course assessments shall measure
 1046  the content knowledge and skills a student has attained on the
 1047  assessment by the use of scaled scores and achievement levels.
 1048  Achievement levels shall range from 1 through 5, with level 1
 1049  being the lowest achievement level, level 5 being the highest
 1050  achievement level, and level 3 indicating satisfactory
 1051  performance on an assessment. For purposes of FCAT Writing,
 1052  student achievement shall be scored using a scale of 1 through 6
 1053  and the score earned shall be used in calculating school grades.
 1054  A score shall be designated for each subject area tested, below
 1055  which score a student’s performance is deemed inadequate. The
 1056  school districts shall provide appropriate remedial instruction
 1057  to students who score below these levels.
 1058         6. The State Board of Education shall, by rule, designate a
 1059  passing score for each part of the grade 10 assessment test and
 1060  end-of-course assessments. Any rule that has the effect of
 1061  raising the required passing scores may apply only to students
 1062  taking the assessment for the first time after the rule is
 1063  adopted by the State Board of Education. Except as otherwise
 1064  provided in this subparagraph and as provided in s.
 1065  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 1066  passing score on grade 10 FCAT Reading and grade 10 FCAT
 1067  Mathematics or attain concordant scores as described in
 1068  subsection (10) in order to qualify for a standard high school
 1069  diploma.
 1070         7. In addition to designating a passing score under
 1071  subparagraph 6., the State Board of Education shall also
 1072  designate, by rule, a score for each statewide, standardized
 1073  end-of-course assessment which indicates that a student is high
 1074  achieving and has the potential to meet college-readiness
 1075  standards by the time the student graduates from high school.
 1076         8. Participation in the testing program is mandatory for
 1077  all students attending public school, including students served
 1078  in Department of Juvenile Justice programs, except as otherwise
 1079  prescribed by the commissioner. A student who has not earned
 1080  passing scores on the grade 10 FCAT as provided in subparagraph
 1081  6. must participate in each retake of the assessment until the
 1082  student earns passing scores or achieves scores on a
 1083  standardized assessment which are concordant with passing scores
 1084  pursuant to subsection (10). If a student does not participate
 1085  in the statewide assessment, the district must notify the
 1086  student’s parent and provide the parent with information
 1087  regarding the implications of such nonparticipation. A parent
 1088  must provide signed consent for a student to receive classroom
 1089  instructional accommodations that would not be available or
 1090  permitted on the statewide assessments and must acknowledge in
 1091  writing that he or she understands the implications of such
 1092  instructional accommodations. The State Board of Education shall
 1093  adopt rules, based upon recommendations of the commissioner, for
 1094  the provision of test accommodations for students in exceptional
 1095  education programs and for students who have limited English
 1096  proficiency. Accommodations that negate the validity of a
 1097  statewide assessment are not allowable in the administration of
 1098  the FCAT or an end-of-course assessment. However, instructional
 1099  accommodations are allowable in the classroom if included in a
 1100  student’s individual education plan. Students using
 1101  instructional accommodations in the classroom that are not
 1102  allowable as accommodations on the FCAT or an end-of-course
 1103  assessment may have the FCAT or an end-of-course assessment
 1104  requirement waived pursuant to the requirements of s.
 1105  1003.428(8)(b) or s. 1003.43(11)(b).
 1106         9. A student seeking an adult high school diploma must meet
 1107  the same testing requirements that a regular high school student
 1108  must meet.
 1109         10. District school boards must provide instruction to
 1110  prepare students in the core curricular content established in
 1111  the Next Generation Sunshine State Standards adopted under s.
 1112  1003.41, including the core content knowledge and skills
 1113  necessary for successful grade-to-grade progression and high
 1114  school graduation. If a student is provided with instructional
 1115  accommodations in the classroom that are not allowable as
 1116  accommodations in the statewide assessment program, as described
 1117  in the test manuals, the district must inform the parent in
 1118  writing and must provide the parent with information regarding
 1119  the impact on the student’s ability to meet expected performance
 1120  levels in reading, writing, mathematics, and science. The
 1121  commissioner shall conduct studies as necessary to verify that
 1122  the required core curricular content is part of the district
 1123  instructional programs.
 1124         11. District school boards must provide opportunities for
 1125  students to demonstrate an acceptable performance level on an
 1126  alternative standardized assessment approved by the State Board
 1127  of Education following enrollment in summer academies.
 1128         12. The Department of Education must develop, or select,
 1129  and implement a common battery of assessment tools that will be
 1130  used in all juvenile justice programs in the state. These tools
 1131  must accurately measure the core curricular content established
 1132  in the Next Generation Sunshine State Standards.
 1133         13. For students seeking a special diploma pursuant to s.
 1134  1003.438, the Department of Education must develop or select and
 1135  implement an alternate assessment tool that accurately measures
 1136  the core curricular content established in the Next Generation
 1137  Sunshine State Standards for students with disabilities under s.
 1138  1003.438.
 1139         14. The Commissioner of Education shall establish schedules
 1140  for the administration of statewide assessments and the
 1141  reporting of student test results. When establishing the
 1142  schedules for the administration of statewide assessments, the
 1143  commissioner shall consider the observance of religious and
 1144  school holidays. The commissioner shall, by August 1 of each
 1145  year, notify each school district in writing and publish on the
 1146  department’s Internet website the testing and reporting
 1147  schedules for, at a minimum, the school year following the
 1148  upcoming school year. The testing and reporting schedules shall
 1149  require that:
 1150         a. There is the latest possible administration of statewide
 1151  assessments and the earliest possible reporting to the school
 1152  districts of student test results which is feasible within
 1153  available technology and specific appropriations; however, test
 1154  results for the FCAT must be made available no later than the
 1155  week of June 8. Student results for end-of-course assessments
 1156  must be provided no later than 1 week after the school district
 1157  completes testing for each course. The commissioner may extend
 1158  the reporting schedule under exigent circumstances.
 1159         b. Beginning with the 2010-2011 school year, FCAT Writing
 1160  may is not be administered earlier than the week of March 1 and
 1161  a comprehensive statewide assessment of any other subject may is
 1162  not be administered earlier than the week of April 15.
 1163         c. A statewide, standardized end-of-course assessment is
 1164  administered during a 3-week period at the end of the course.
 1165  The commissioner shall select an a 3-week administration period
 1166  for assessments that meets the intent of end-of-course
 1167  assessments and provides student results prior to the end of the
 1168  course. School districts shall administer tests in accordance
 1169  with the schedule determined by the commissioner select 1
 1170  testing week within the 3-week administration period for each
 1171  end-of-course assessment. For an end-of-course assessment
 1172  administered at the end of the first semester, the commissioner
 1173  shall determine the most appropriate testing dates based on a
 1174  review of each school district’s academic calendar.
 1175  
 1176  The commissioner may, based on collaboration and input from
 1177  school districts, design and implement student testing programs,
 1178  for any grade level and subject area, necessary to effectively
 1179  monitor educational achievement in the state, including the
 1180  measurement of educational achievement of the Next Generation
 1181  Sunshine State Standards for students with disabilities.
 1182  Development and refinement of assessments shall include
 1183  universal design principles and accessibility standards that
 1184  will prevent any unintended obstacles for students with
 1185  disabilities while ensuring the validity and reliability of the
 1186  test. These principles should be applicable to all technology
 1187  platforms and assistive devices available for the assessments.
 1188  The field testing process and psychometric analyses for the
 1189  statewide assessment program must include an appropriate
 1190  percentage of students with disabilities and an evaluation or
 1191  determination of the effect of test items on such students.
 1192         Section 22. Subsection (3) of section 1008.30, Florida
 1193  Statutes, is amended to read:
 1194         1008.30 Common placement testing for public postsecondary
 1195  education.—
 1196         (3) The State Board of Education shall adopt rules that
 1197  require high schools to evaluate before the beginning of grade
 1198  12 the college readiness of each student who indicates an
 1199  interest in postsecondary education and scores at Level 2 or
 1200  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1201  Level 3, or Level 4 on the mathematics assessments under s.
 1202  1008.22(3)(c). High schools shall perform this evaluation using
 1203  results from the corresponding component of the common placement
 1204  test prescribed in this section, or an equivalent test
 1205  identified by the State Board of Education. The State Board
 1206  Department of Education shall identify in rule purchase or
 1207  develop the assessments necessary to perform the evaluations
 1208  required by this subsection and shall work with the school
 1209  districts to administer the assessments. The State Board of
 1210  Education shall establish by rule the minimum test scores a
 1211  student must achieve to demonstrate readiness. Students who
 1212  demonstrate readiness by achieving the minimum test scores
 1213  established by the state board and enroll in a community college
 1214  within 2 years of achieving such scores shall not be required to
 1215  retest or enroll in remediation when admitted courses as a
 1216  condition of acceptance to any community college. The high
 1217  school shall use the results of the test to advise the students
 1218  of any identified deficiencies and to the maximum extent
 1219  practicable provide 12th grade students, and require them to
 1220  complete, access to appropriate postsecondary preparatory
 1221  remedial instruction prior to high school graduation. The
 1222  curriculum remedial instruction provided under this subsection
 1223  shall be identified in rule by the State Board of Education and
 1224  encompass Florida’s Postsecondary Readiness Competencies. Other
 1225  elective courses may not be substituted for the selected
 1226  postsecondary reading, mathematics, or writing preparatory
 1227  course unless the elective course covers the same competencies
 1228  included in the postsecondary reading, mathematics, or writing
 1229  preparatory course a collaborative effort between secondary and
 1230  postsecondary educational institutions. To the extent courses
 1231  are available, the Florida Virtual School may be used to provide
 1232  the remedial instruction required by this subsection.
 1233         Section 23. Paragraph (b) of subsection (3) and subsection
 1234  (4) of section 1008.33, Florida Statutes, are amended to read:
 1235         1008.33 Authority to enforce public school improvement.—
 1236         (3)
 1237         (b) For the purpose of determining whether a public school
 1238  requires action to achieve a sufficient level of school
 1239  improvement, beginning with the 2010-2011 school year, the
 1240  Department of Education shall annually categorize a public
 1241  school in one of six categories based on the following:
 1242         1. A school’s grade based upon statewide assessments
 1243  administered pursuant to s. 1008.22; and
 1244         2.school’s grade, pursuant to s. 1008.34, and The level
 1245  and rate of change in student performance in the areas of
 1246  reading and mathematics, disaggregated into student subgroups as
 1247  described in the federal Elementary and Secondary Education Act,
 1248  20 U.S.C. s. 6311(b)(2)(C)(v)(II).
 1249         (4) The Department of Education shall create a matrix that
 1250  reflects intervention and support strategies to address the
 1251  particular needs of schools in each category.
 1252         (a) Intervention and support strategies shall be applied to
 1253  schools based upon the school categorization pursuant to
 1254  paragraph (3)(b). The Department of Education shall apply the
 1255  most intense intervention strategies to the lowest-performing
 1256  schools. For all but the lowest category and “F” schools in the
 1257  second lowest category, the intervention and support strategies
 1258  shall be administered solely by the districts and the schools.
 1259         (b) The lowest-performing schools are schools that are
 1260  categorized pursuant to paragraph (3)(b) and have received:
 1261         1. A grade of “F” in the most recent school year and in 4
 1262  of the last 6 years; or
 1263         2. A grade of “D” or “F” in the most recent school year and
 1264  meet at least three of the following criteria:
 1265         a. The percentage of students who are not proficient in
 1266  reading has increased when compared to measurements taken 5
 1267  years previously;
 1268         b. The percentage of students who are not proficient in
 1269  mathematics has increased when compared to measurements taken 5
 1270  years previously;
 1271         c. At least 65 percent of the school’s students are not
 1272  proficient in reading; or
 1273         d. At least 65 percent of the school’s students are not
 1274  proficient in mathematics.
 1275         Section 24. Paragraph (h) is added to subsection (2) of
 1276  section 1008.331, Florida Statutes, to read:
 1277         1008.331 Supplemental educational services in Title I
 1278  schools; school district, provider, and department
 1279  responsibilities.—
 1280         (2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.—
 1281         (h) Notwithstanding a provider’s submission to the
 1282  department regarding the premethods and postmethods to be used
 1283  to determine student learning gains, beginning with the 2011
 1284  2012 school year, a school board may include in its district
 1285  contract with a provider a requirement to use a uniform
 1286  standardized assessment, if the department is notified of such
 1287  intent before services are provided to the student.
 1288         Section 25. Paragraphs (b) and (c) of subsection (3) of
 1289  section 1008.34, Florida Statutes, are amended to read:
 1290         1008.34 School grading system; school report cards;
 1291  district grade.—
 1292         (3) DESIGNATION OF SCHOOL GRADES.—
 1293         (b)1. A school’s grade shall be based on a combination of:
 1294         a. Student achievement scores, including achievement on all
 1295  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 1296  course assessments administered under s. 1008.22(3)(c)2.a., and
 1297  achievement scores for students seeking a special diploma.
 1298         b. Student learning gains in reading and mathematics as
 1299  measured by FCAT and end-of-course assessments, as described in
 1300  s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
 1301  a special diploma, as measured by an alternate assessment tool,
 1302  shall be included not later than the 2009-2010 school year.
 1303         c. Improvement of the lowest 25th percentile of students in
 1304  the school in reading and mathematics on the FCAT or end-of
 1305  course assessments described in s. 1008.22(3)(c)2.a., unless
 1306  these students are exhibiting satisfactory performance.
 1307         2. Beginning with the 2011-2012 school year, for schools
 1308  comprised of middle school grades 6 through 8 or grades 7 and 8,
 1309  the school’s grade shall include the performance and
 1310  participation of its students enrolled in high school level
 1311  courses with end-of-course assessments administered under s.
 1312  1008.22(3)(c)2.a. Performance and participation must be weighted
 1313  equally. As valid data becomes available, the school grades
 1314  shall include the students’ attainment of national industry
 1315  certification identified in the Industry Certification Funding
 1316  List pursuant to rules adopted by the State Board of Education.
 1317         3.2. Beginning with the 2009-2010 school year for schools
 1318  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1319  11, and 12, 50 percent of the school grade shall be based on a
 1320  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1321  and the remaining 50 percent on the following factors:
 1322         a. The high school graduation rate of the school;
 1323         b. As valid data becomes available, the performance and
 1324  participation of the school’s students in College Board Advanced
 1325  Placement courses, International Baccalaureate courses, dual
 1326  enrollment courses, and Advanced International Certificate of
 1327  Education courses; and the students’ achievement of national
 1328  industry certification identified in the Industry Certification
 1329  Funding List, pursuant to rules adopted by the State Board of
 1330  Education;
 1331         c. Postsecondary readiness of the school’s students as
 1332  measured by the SAT, ACT, or the common placement test;
 1333         d. The high school graduation rate of at-risk students who
 1334  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1335  Mathematics examinations;
 1336         e. As valid data becomes available, the performance of the
 1337  school’s students on statewide standardized end-of-course
 1338  assessments administered under s. 1008.22(3)(c)2.b. and c.; and
 1339         f. The growth or decline in the components listed in sub
 1340  subparagraphs a.-e. from year to year.
 1341         (c) Student assessment data used in determining school
 1342  grades shall include:
 1343         1. The aggregate scores of all eligible students enrolled
 1344  in the school who have been assessed on the FCAT and statewide,
 1345  standardized end-of-course assessments in courses required for
 1346  high school graduation, including, beginning with the 2010-2011
 1347  school year, the end-of-course assessment in Algebra I; and
 1348  beginning with the 2011-2012 school year, the end-of-course
 1349  assessments in geometry and Biology; and beginning with the
 1350  2013-2014 school year, on the statewide, standardized end-of
 1351  course assessment in civics education at the middle school
 1352  level.
 1353         2. The aggregate scores of all eligible students enrolled
 1354  in the school who have been assessed on the FCAT and end-of
 1355  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1356  have scored at or in the lowest 25th percentile of students in
 1357  the school in reading and mathematics, unless these students are
 1358  exhibiting satisfactory performance.
 1359         3. The achievement scores and learning gains of eligible
 1360  students attending alternative schools that provide dropout
 1361  prevention and academic intervention services pursuant to s.
 1362  1003.53. The term “eligible students” in this subparagraph does
 1363  not include students attending an alternative school who are
 1364  subject to district school board policies for expulsion for
 1365  repeated or serious offenses, who are in dropout retrieval
 1366  programs serving students who have officially been designated as
 1367  dropouts, or who are in programs operated or contracted by the
 1368  Department of Juvenile Justice. The student performance data for
 1369  eligible students identified in this subparagraph shall be
 1370  included in the calculation of the home school’s grade. As used
 1371  in this subparagraph section and s. 1008.341, the term “home
 1372  school” means the school to which the student would be assigned
 1373  if the student were not assigned to an alternative school. If an
 1374  alternative school chooses to be graded under this section,
 1375  student performance data for eligible students identified in
 1376  this subparagraph shall not be included in the home school’s
 1377  grade but shall be included only in the calculation of the
 1378  alternative school’s grade. A school district that fails to
 1379  assign the FCAT and end-of-course assessment as described in s.
 1380  1008.22(3)(c)2.a. scores of each of its students to his or her
 1381  home school or to the alternative school that receives a grade
 1382  shall forfeit Florida School Recognition Program funds for 1
 1383  fiscal year. School districts must require collaboration between
 1384  the home school and the alternative school in order to promote
 1385  student success. This collaboration must include an annual
 1386  discussion between the principal of the alternative school and
 1387  the principal of each student’s home school concerning the most
 1388  appropriate school assignment of the student.
 1389         4. The achievement scores and learning gains of students
 1390  designated as hospital or homebound. Student assessment data for
 1391  students designated as hospital or homebound shall be assigned
 1392  to their home school for the purposes of school grades. As used
 1393  in this subparagraph, the term “home school” means the school to
 1394  which a student would be assigned if the student were not
 1395  assigned to a hospital or homebound program.
 1396         5.4. For schools comprised of high school grades 9, 10, 11,
 1397  and 12, or grades 10, 11, and 12, the data listed in
 1398  subparagraphs 1.-3. and the following data as the Department of
 1399  Education determines such data are valid and available:
 1400         a. The high school graduation rate of the school as
 1401  calculated by the Department of Education;
 1402         b. The participation rate of all eligible students enrolled
 1403  in the school and enrolled in College Board Advanced Placement
 1404  courses; International Baccalaureate courses; dual enrollment
 1405  courses; Advanced International Certificate of Education
 1406  courses; and courses or sequence of courses leading to national
 1407  industry certification identified in the Industry Certification
 1408  Funding List, pursuant to rules adopted by the State Board of
 1409  Education;
 1410         c. The aggregate scores of all eligible students enrolled
 1411  in the school in College Board Advanced Placement courses,
 1412  International Baccalaureate courses, and Advanced International
 1413  Certificate of Education courses;
 1414         d. Earning of college credit by all eligible students
 1415  enrolled in the school in dual enrollment programs under s.
 1416  1007.271;
 1417         e. Earning of a national industry certification identified
 1418  in the Industry Certification Funding List, pursuant to rules
 1419  adopted by the State Board of Education;
 1420         f. The aggregate scores of all eligible students enrolled
 1421  in the school in reading, mathematics, and other subjects as
 1422  measured by the SAT, the ACT, and the common placement test for
 1423  postsecondary readiness;
 1424         g. The high school graduation rate of all eligible at-risk
 1425  students enrolled in the school who scored at Level 2 or lower
 1426  on the grade 8 FCAT Reading and Mathematics examinations;
 1427         h. The performance of the school’s students on statewide
 1428  standardized end-of-course assessments administered under s.
 1429  1008.22(3)(c)2.b. and c.; and
 1430         i. The growth or decline in the data components listed in
 1431  sub-subparagraphs a.-h. from year to year.
 1432  
 1433  The State Board of Education shall adopt appropriate criteria
 1434  for each school grade. The criteria must also give added weight
 1435  to student achievement in reading. Schools designated with a
 1436  grade of “C,” making satisfactory progress, shall be required to
 1437  demonstrate that adequate progress has been made by students in
 1438  the school who are in the lowest 25th percentile in reading and
 1439  mathematics on the FCAT and end-of-course assessments as
 1440  described in s. 1008.22(3)(c)2.a., unless these students are
 1441  exhibiting satisfactory performance. Beginning with the 2009
 1442  2010 school year for schools comprised of high school grades 9,
 1443  10, 11, and 12, or grades 10, 11, and 12, the criteria for
 1444  school grades must also give added weight to the graduation rate
 1445  of all eligible at-risk students, as defined in this paragraph.
 1446  Beginning in the 2009-2010 school year, in order for a high
 1447  school to be designated as having a grade of “A,” making
 1448  excellent progress, the school must demonstrate that at-risk
 1449  students, as defined in this paragraph, in the school are making
 1450  adequate progress.
 1451         Section 26. Paragraph (a) of subsection (3) of section
 1452  1011.01, Florida Statutes, is amended to read:
 1453         1011.01 Budget system established.—
 1454         (3)(a) Each district school board and each community
 1455  college board of trustees shall prepare, adopt, and submit to
 1456  the Commissioner of Education for review an annual operating
 1457  budget. Operating budgets shall be prepared and submitted in
 1458  accordance with the provisions of law, rules of the State Board
 1459  of Education, the General Appropriations Act, and for district
 1460  school boards in accordance with the provisions of ss. 200.065
 1461  and 1011.64.
 1462         Section 27. Subsection (4) of section 1011.03, Florida
 1463  Statutes, is amended to read:
 1464         1011.03 Public hearings; budget to be submitted to
 1465  Department of Education.—
 1466         (4) The board shall hold public hearings to adopt tentative
 1467  and final budgets pursuant to s. 200.065. The hearings shall be
 1468  primarily for the purpose of hearing requests and complaints
 1469  from the public regarding the budgets and the proposed tax
 1470  levies and for explaining the budget and proposed or adopted
 1471  amendments thereto, if any. The district school board shall then
 1472  require the superintendent to transmit forthwith two copies of
 1473  the adopted budget to the Department of Education for approval
 1474  as prescribed by law and rules of the State Board of Education.
 1475         Section 28. Section 1011.035, Florida Statutes, is created
 1476  to read:
 1477         1011.035 School district budget transparency.-
 1478         (1) It is important for school districts to provide
 1479  budgetary transparency to enable taxpayers, parents, and
 1480  education advocates to obtain school district budget and related
 1481  information in a manner that is simply explained and easily
 1482  understandable. Budgetary transparency leads to more responsible
 1483  spending, more citizen involvement, and improved accountability.
 1484  A budget that is not transparent, accessible, and accurate
 1485  cannot be properly analyzed, its implementation thoroughly
 1486  monitored, or its outcomes evaluated.
 1487         (2) Each district school board shall post on its website a
 1488  plain language version of each proposed, tentative, and official
 1489  budget which describes each budget item in terms that are easily
 1490  understandable to the public. This information must be
 1491  prominently posted on the school district’s website in a manner
 1492  that is readily accessible to the public.
 1493         (3) Each district school board is encouraged to post the
 1494  following information on its website:
 1495         (a) Timely information as to when a budget hearing will be
 1496  conducted.
 1497         (b) Each contract between the district school board and the
 1498  teachers’ union.
 1499         (c) Each contract between the district school board and
 1500  noninstructional staff.
 1501         (d) Each contract exceeding $35,000 between the school
 1502  board and a vendor of services, supplies, or programs or for the
 1503  purchase or lease of lands, facilities, or properties.
 1504         (e) Each contract exceeding $35,000 that is an emergency
 1505  procurement or is with a single source as authorized under s.
 1506  287.057(3).
 1507         (f) Recommendations of the citizens’ budget advisory
 1508  committee.
 1509         (g) Current and archived video recordings of each district
 1510  school board meeting and workshop.
 1511         (4) The website should contain links to:
 1512         (a) Help explain or provide background information on
 1513  various budget items that are required by state or federal law.
 1514         (b) Allow users to navigate to related sites to view
 1515  supporting details.
 1516         (c) Enable taxpayers, parents, and education advocates to
 1517  send e-mails asking questions about the budget and enable others
 1518  to view the questions and responses.
 1519         Section 29. Paragraph (e) of subsection (1) of section
 1520  1011.62, Florida Statutes, is amended to read:
 1521         1011.62 Funds for operation of schools.—If the annual
 1522  allocation from the Florida Education Finance Program to each
 1523  district for operation of schools is not determined in the
 1524  annual appropriations act or the substantive bill implementing
 1525  the annual appropriations act, it shall be determined as
 1526  follows:
 1527         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1528  OPERATION.—The following procedure shall be followed in
 1529  determining the annual allocation to each district for
 1530  operation:
 1531         (e) Funding model for exceptional student education
 1532  programs.—
 1533         1.a. The funding model uses basic, at-risk, support levels
 1534  IV and V for exceptional students and career Florida Education
 1535  Finance Program cost factors, and a guaranteed allocation for
 1536  exceptional student education programs. Exceptional education
 1537  cost factors are determined by using a matrix of services to
 1538  document the services that each exceptional student will
 1539  receive. The nature and intensity of the services indicated on
 1540  the matrix shall be consistent with the services described in
 1541  each exceptional student’s individual educational plan. The
 1542  Department of Education shall review and revise the descriptions
 1543  of the services and supports included in the matrix of services
 1544  for exceptional students and shall implement those revisions
 1545  before the beginning of the 2012-2013 school year.
 1546         b. In order to generate funds using one of the two weighted
 1547  cost factors, a matrix of services must be completed at the time
 1548  of the student’s initial placement into an exceptional student
 1549  education program and at least once every 3 years by personnel
 1550  who have received approved training. Nothing listed in the
 1551  matrix shall be construed as limiting the services a school
 1552  district must provide in order to ensure that exceptional
 1553  students are provided a free, appropriate public education.
 1554         c. Students identified as exceptional, in accordance with
 1555  chapter 6A-6, Florida Administrative Code, who do not have a
 1556  matrix of services as specified in sub-subparagraph b. shall
 1557  generate funds on the basis of full-time-equivalent student
 1558  membership in the Florida Education Finance Program at the same
 1559  funding level per student as provided for basic students.
 1560  Additional funds for these exceptional students will be provided
 1561  through the guaranteed allocation designated in subparagraph 2.
 1562         2. For students identified as exceptional who do not have a
 1563  matrix of services and students who are gifted in grades K
 1564  through 8, there is created a guaranteed allocation to provide
 1565  these students with a free appropriate public education, in
 1566  accordance with s. 1001.42(4)(m) and rules of the State Board of
 1567  Education, which shall be allocated annually to each school
 1568  district in the amount provided in the General Appropriations
 1569  Act. These funds shall be in addition to the funds appropriated
 1570  on the basis of FTE student membership in the Florida Education
 1571  Finance Program, and the amount allocated for each school
 1572  district shall not be recalculated during the year. These funds
 1573  shall be used to provide special education and related services
 1574  for exceptional students and students who are gifted in grades K
 1575  through 8. Beginning with the 2007-2008 fiscal year, a
 1576  district’s expenditure of funds from the guaranteed allocation
 1577  for students in grades 9 through 12 who are gifted may not be
 1578  greater than the amount expended during the 2006-2007 fiscal
 1579  year for gifted students in grades 9 through 12.
 1580         Section 30. Paragraph (c) of subsection (1) of section
 1581  1012.39, Florida Statutes, is amended to read:
 1582         1012.39 Employment of substitute teachers, teachers of
 1583  adult education, nondegreed teachers of career education, and
 1584  career specialists; students performing clinical field
 1585  experience.—
 1586         (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
 1587  1012.57, or any other provision of law or rule to the contrary,
 1588  each district school board shall establish the minimal
 1589  qualifications for:
 1590         (c) Part-time and full-time nondegreed teachers of career
 1591  programs. Qualifications shall be established for nondegreed
 1592  teachers of career and technical education courses for program
 1593  clusters that are recognized in the state and are agriculture,
 1594  business, health occupations, family and consumer sciences,
 1595  industrial, marketing, career specialist, and public service
 1596  education teachers, based primarily on successful occupational
 1597  experience rather than academic training. The qualifications for
 1598  such teachers shall require:
 1599         1. The filing of a complete set of fingerprints in the same
 1600  manner as required by s. 1012.32. Faculty employed solely to
 1601  conduct postsecondary instruction may be exempted from this
 1602  requirement.
 1603         2. Documentation of education and successful occupational
 1604  experience including documentation of:
 1605         a. A high school diploma or the equivalent.
 1606         b. Completion of 6 years of full-time successful
 1607  occupational experience or the equivalent of part-time
 1608  experience in the teaching specialization area. The district
 1609  school board may establish alternative qualifications for
 1610  teachers with an industry certification in the career area in
 1611  which they teach. Alternate means of determining successful
 1612  occupational experience may be established by the district
 1613  school board.
 1614         c. Completion of career education training conducted
 1615  through the local school district inservice master plan.
 1616         d. For full-time teachers, completion of professional
 1617  education training in teaching methods, course construction,
 1618  lesson planning and evaluation, and teaching special needs
 1619  students. This training may be completed through coursework from
 1620  an accredited or approved institution or an approved district
 1621  teacher education program.
 1622         e. Demonstration of successful teaching performance.
 1623         f. Documentation of industry certification when state or
 1624  national industry certifications are available and applicable.
 1625         Section 31. Except as otherwise expressly provided in this
 1626  act and except for this section, which shall take effect upon
 1627  this act becoming a law, this act shall take effect July 1,
 1628  2011.
 1629  
 1630  ================= T I T L E  A M E N D M E N T ================
 1631         And the title is amended as follows:
 1632         Delete everything before the enacting clause
 1633  and insert:
 1634                        A bill to be entitled                      
 1635         An act relating to education accountability; amending
 1636         s. 1001.20, F.S.; deleting a provision that requires
 1637         the Florida Virtual School to be administratively
 1638         housed within the Office of Technology and Information
 1639         Services within the Office of the Commissioner of
 1640         Education; amending s. 1001.42, F.S.; revising the
 1641         powers and duties of district school boards relating
 1642         to student access to Florida Virtual School courses;
 1643         creating s. 1001.421, F.S.; prohibiting district
 1644         school board members and their relatives from
 1645         soliciting or accepting certain gifts; amending s.
 1646         1002.37, F.S.; conforming provisions to changes made
 1647         by the act; amending s. 1002.38, F.S.; requiring that
 1648         a school’s grade be based on statewide assessments for
 1649         purposes of the Opportunity Scholarship Program;
 1650         amending s. 1002.39, F.S.; providing requirements for
 1651         determining the end of the term of a John M. McKay
 1652         Scholarship; amending s. 1002.45, F.S.; revising
 1653         provisions relating to virtual instruction program
 1654         provider qualifications; amending s. 1002.66, F.S.;
 1655         providing an additional instructional service for
 1656         children with disabilities in the Voluntary
 1657         Prekindergarten Education Program; amending s.
 1658         1002.67, F.S.; requiring that the State Board of
 1659         Education periodically review and revise the
 1660         performance standards for the statewide kindergarten
 1661         screening; amending s. 1002.69, F.S.; authorizing
 1662         nonpublic schools to administer the statewide
 1663         kindergarten screening to kindergarten students who
 1664         were enrolled in the Voluntary Prekindergarten
 1665         Education Program; revising provisions relating to the
 1666         minimum kindergarten readiness rate and criteria for
 1667         good cause exemptions from meeting the requirement;
 1668         requiring prekindergarten enrollment screening and
 1669         post-assessment under certain circumstances; amending
 1670         s. 1002.71, F.S.; providing that a child may reenroll
 1671         more than once in a prekindergarten program if granted
 1672         a good cause exemption; amending s. 1002.73, F.S.;
 1673         requiring the Department of Education to adopt
 1674         procedures relating to prekindergarten enrollment
 1675         screening, the standardized post-assessment, and
 1676         reporting of the results of readiness measures;
 1677         amending s. 1003.01, F.S.; providing an additional
 1678         special education service; amending s. 1003.4156,
 1679         F.S.; revising the general requirements for middle
 1680         grades promotion; providing that a student with a
 1681         disability may have end-of-course assessment results
 1682         waived under certain circumstances; providing that a
 1683         middle grades student may be exempt from reading
 1684         remediation requirements under certain circumstances;
 1685         creating s. 1003.4203, F.S.; authorizing each district
 1686         school board to develop and implement a digital
 1687         curriculum for students in grades 6 through 12;
 1688         requiring the Department of Education to develop a
 1689         model digital curriculum; authorizing partnerships
 1690         with private businesses and consultants; amending s.
 1691         1003.428, F.S.; revising provisions relating to the
 1692         general requirements for high school graduation;
 1693         providing that a high school student may be exempt
 1694         from reading remediation requirements under certain
 1695         circumstances; amending s. 1003.491, F.S.; revising
 1696         provisions relating to the development, contents, and
 1697         approval of the strategic plan to address workforce
 1698         needs; amending s. 1003.493, F.S.; revising
 1699         requirements for career and professional academies and
 1700         enrollment of students; creating s. 1003.4935, F.S.;
 1701         requiring each district school board to develop a plan
 1702         to implement a career and professional academy in at
 1703         least one middle school; providing requirements for
 1704         middle school career and professional academies and
 1705         academy courses; amending s. 1003.575, F.S.; providing
 1706         requirements for completion of an assistive technology
 1707         assessment; amending s. 1008.22, F.S.; revising
 1708         provisions relating to the student assessment program
 1709         for public schools; requiring that the Commissioner of
 1710         Education direct school districts to participate in
 1711         certain international assessment programs; authorizing
 1712         a school principal to exempt certain students from the
 1713         end-of-course assessment in civics education; revising
 1714         provisions relating to administration and reporting of
 1715         results of assessments; amending s. 1008.30, F.S.;
 1716         revising provisions relating to evaluation of college
 1717         readiness and providing for postsecondary preparatory
 1718         instruction; requiring the State Board of Education to
 1719         adopt certain rules; amending s. 1008.33, F.S.;
 1720         revising provisions relating to public school
 1721         improvement; requiring the Department of Education to
 1722         categorize public schools based on a school’s grade
 1723         that relies on statewide assessments; amending s.
 1724         1008.331, F.S., relating to supplemental educational
 1725         services in Title I schools; providing that a school
 1726         board may include in its district contract with a
 1727         provider a requirement to use a uniform standardized
 1728         assessment if the Department of Education is notified
 1729         of such intent before services are provided to the
 1730         student; amending s. 1008.34, F.S.; revising the basis
 1731         for the designation of school grades; including
 1732         achievement scores and learning gains for students who
 1733         are hospital or homebound; amending s. 1011.01, F.S.;
 1734         revising provisions relating to the annual operating
 1735         budgets of district school boards and Florida College
 1736         System institution boards of trustees; amending s.
 1737         1011.03, F.S.; revising provisions relating to adopted
 1738         district school board budgets; creating s. 1011.035,
 1739         F.S.; requiring each school district to post budgetary
 1740         information on its website; amending s. 1011.62, F.S.;
 1741         revising provisions relating to the funding model for
 1742         exceptional student education programs; requiring the
 1743         Department of Education to revise the descriptions of
 1744         services and to implement the revisions; amending s.
 1745         1012.39, F.S.; revising provisions relating to the
 1746         qualifications for nondegreed teachers of career
 1747         education; providing effective dates.