Florida Senate - 2011 (Corrected Copy) SB 1830 By Senator Wise 20-01387-11 20111830__ 1 A bill to be entitled 2 An act relating to the high school career diploma; 3 creating s. 1003.4287, F.S.; providing requirements 4 for the high school career diploma; requiring a 5 student and the student’s parent to agree in writing 6 to the requirements of the career diploma track; 7 specifying the 24 credits that must be successfully 8 completed to receive a career diploma; requiring an 9 intensive reading course or remediation in mathematics 10 for a student who does not meet certain academic 11 standards; providing strategies to enable an 12 exceptional student to meet graduation requirements 13 for a career diploma; requiring district school board 14 standards for graduation and policies to assist 15 students in meeting the requirements; requiring rules 16 for test accommodations and modifications of 17 procedures for students with disabilities; providing 18 for the award of a certificate of completion to a 19 student who is unable to meet certain standards; 20 providing conditions for the waiver of assessment 21 requirements for a career diploma for a student with a 22 disability; authorizing the State Board of Education 23 to adopt rules; amending ss. 1002.45, 1003.413, 24 1003.428, 1003.438, 1003.493, and 1008.22, F.S.; 25 conforming provisions to changes made by the act; 26 providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 1003.4287, Florida Statutes, is created 31 to read: 32 1003.4287 Requirements for the high school career diploma.— 33 (1) Beginning with students entering grade 9 in the 2011 34 2012 school year, the high school career diploma shall be 35 awarded to a student who successfully completes a minimum of 24 36 credits as required under this section. In order to pursue the 37 career diploma, the student and the student’s parent must sign a 38 form confirming that they are aware of the requirements for the 39 career track and agree to the minimum standards for successful 40 completion. The school personnel designated to advise the 41 student or the school principal must also sign the form to 42 confirm that the school and the school district are aware of the 43 student’s intent to pursue the career diploma. The form shall be 44 a standard form prescribed by the Department of Education and 45 used in each school district. 46 (2)(a) The 24 core curriculum credits may be earned through 47 applied, integrated, and combined courses approved by the 48 Department of Education and shall be distributed as follows: 49 1. Four credits in English, with major concentration in 50 composition, reading for information, and literature. 51 2. Four credits in mathematics, one of which must be 52 Algebra I, a series of courses equivalent to Algebra I, or a 53 higher-level mathematics course. In addition to the Algebra I 54 credit requirement, one of the four credits in mathematics must 55 be geometry or a series of courses equivalent to geometry as 56 approved by the State Board of Education. The end-of-course 57 assessment requirements under s. 1008.22(3)(c)2.a.(I) must be 58 met in order for a student to earn the required credits in 59 Algebra I and geometry. 60 3. Three credits in science, two of which must have a 61 laboratory component. One of the three credits in science must 62 be Biology I or a series of courses equivalent to Biology I as 63 approved by the State Board of Education. The end-of-course 64 assessment requirements under s. 1008.22(3)(c)2.a.(II) must be 65 met in order for a student to earn the required credit in 66 Biology I. 67 4. Three credits in social studies as follows: one credit 68 in United States history; one credit in world history; one-half 69 credit in economics; and one-half credit in United States 70 government. 71 5. One-half credit in fine or performing arts, speech and 72 debate, or a practical arts course that incorporates artistic 73 content and techniques of creativity, interpretation, and 74 imagination. Eligible practical arts courses shall be identified 75 through the Course Code Directory. 76 6. One credit in physical education to include integration 77 of health. Participation in an interscholastic sport at the 78 junior varsity or varsity level for two full seasons shall 79 satisfy the one-credit requirement in physical education if the 80 student passes a competency test on personal fitness with a 81 score of “C” or better. The competency test on personal fitness 82 must be developed by the Department of Education. A district 83 school board may not require that the one credit in physical 84 education be taken during the 9th grade year. Completion of one 85 semester with a grade of “C” or better in a marching band class, 86 in a physical activity class that requires participation in 87 marching band activities as an extracurricular activity, or in a 88 dance class shall satisfy one-half credit in physical education 89 or one-half credit in performing arts. This credit may not be 90 used to satisfy the personal fitness requirement or the 91 requirement for adaptive physical education under an individual 92 education plan (IEP) or 504 plan. Completion of 2 years in a 93 Reserve Officer Training Corps (R.O.T.C.) class, a significant 94 component of which is drills, shall satisfy the one-credit 95 requirement in physical education and the one-credit requirement 96 in performing arts. This credit may not be used to satisfy the 97 personal fitness requirement or the requirement for adaptive 98 physical education under an individual education plan (IEP) or 99 504 plan. 100 7. Two credits of sequential foreign language instruction 101 as provided in s. 1007.262. 102 8. Six credits in career or technical training. A student 103 must receive at least a “C” average in each course to earn the 104 required credit. 105 9. One-half credit in a career preparation or planning 106 course. A student must receive at least a “C” average to earn 107 the required credit. 108 (b)1. For each year in which a student scores at Level 1 on 109 FCAT Reading, the student must be enrolled in and complete an 110 intensive reading course the following year. Placement of Level 111 2 readers in either an intensive reading course or a content 112 area course in which reading strategies are delivered shall be 113 determined by diagnosis of reading needs. The department shall 114 provide guidance on appropriate strategies for diagnosing and 115 meeting the varying instructional needs of students reading 116 below grade level. Reading courses shall be designed and offered 117 pursuant to the comprehensive reading plan required by s. 118 1011.62(9). 119 2. For each year in which a student scores at Level 1 or 120 Level 2 on FCAT Mathematics, the student must receive 121 remediation the following year. These courses may be taught 122 through applied, integrated, or combined courses and are subject 123 to approval by the department for inclusion in the Course Code 124 Directory. 125 (3)(a) A district school board may require specific courses 126 and programs of study within the minimum credit requirements for 127 high school graduation and shall modify basic courses, as 128 necessary, to assure exceptional students the opportunity to 129 meet the graduation requirements for a career diploma, using one 130 of the following strategies: 131 1. Assignment of the exceptional student to an exceptional 132 education class for instruction in a basic course with the same 133 student performance standards as those required of 134 nonexceptional students in the district school board student 135 progression plan; or 136 2. Assignment of the exceptional student to a basic 137 education class for instruction that is modified to accommodate 138 the student’s exceptionality. 139 (b) The district school board shall determine which of 140 these strategies to employ based upon an assessment of the 141 student’s needs and shall reflect this decision in the student’s 142 individual education plan. 143 (4) Each district school board shall establish standards 144 for graduation from its schools, which must include: 145 (a) Successful completion of the academic credit or 146 curriculum requirements of subsections (1) and (2). For courses 147 that require statewide, standardized end-of-course assessments 148 under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a 149 student’s course grade shall be comprised of performance on the 150 statewide, standardized end-of-course assessment. 151 (b) Earning passing scores on the FCAT, as defined in s. 152 1008.22(3)(c), or scores on a standardized test that are 153 concordant with passing scores on the FCAT as defined in s. 154 1008.22(10). 155 (c) Completion of all other applicable requirements 156 prescribed by the district school board pursuant to s. 1008.25. 157 (d) Achievement of a cumulative grade point average of 2.0 158 on a 4.0 scale, or its equivalent, in the courses required by 159 this section. 160 161 Each district school board shall adopt policies designed to 162 assist students in meeting the requirements of this subsection. 163 These policies may include, but are not limited to: forgiveness 164 policies, summer school or before or after school attendance, 165 special counseling, volunteers or peer tutors, school-sponsored 166 help sessions, homework hotlines, and study skills classes. 167 Forgiveness policies for required courses shall be limited to 168 replacing a grade of “D” or “F,” or the equivalent of a grade of 169 “D” or “F,” with a grade of “C” or higher, or the equivalent of 170 a grade of “C” or higher, earned subsequently in the same or 171 comparable course. Forgiveness policies for elective courses 172 shall be limited to replacing a grade of “D” or “F,” or the 173 equivalent of a grade of “D” or “F,” with a grade of “C” or 174 higher, or the equivalent of a grade of “C” or higher, earned 175 subsequently in another course. The only exception to these 176 forgiveness policies shall be made for a student in the middle 177 grades who takes any high school course for high school credit 178 and earns a grade of “C,” “D,” or “F” or the equivalent of a 179 grade of “C,” “D,” or “F.” In such case, the district 180 forgiveness policy must allow the replacement of the grade with 181 a grade of “C” or higher, or the equivalent of a grade of “C” or 182 higher, earned subsequently in the same or comparable course. In 183 all cases of grade forgiveness, only the new grade shall be used 184 in the calculation of the student’s grade point average. Any 185 course grade not replaced according to a district school board 186 forgiveness policy shall be included in the calculation of the 187 cumulative grade point average required for graduation. 188 (5) The State Board of Education, after a public hearing 189 and consideration, shall adopt rules based upon the 190 recommendations of the Commissioner of Education for the 191 provision of test accommodations and modifications of procedures 192 as necessary for students with disabilities which will 193 demonstrate the student’s abilities rather than reflect the 194 student’s impaired sensory, manual, speaking, or psychological 195 process skills. 196 (6) The public hearing and consideration required in 197 subsection (5) shall not be construed to amend or nullify the 198 requirements of security relating to the contents of 199 examinations or assessment instruments and related materials or 200 data as prescribed in s. 1008.23. 201 (7)(a) A student who meets all requirements prescribed in 202 subsections (1), (2), (3), and (4) shall be awarded a career 203 diploma in a form prescribed by the State Board of Education. 204 (b) A student who completes the minimum number of credits 205 and other requirements prescribed by subsections (1), (2), and 206 (3), but who is unable to meet the standards of paragraph 207 (4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded 208 a certificate of completion in a form prescribed by the State 209 Board of Education. However, any student who is otherwise 210 entitled to a certificate of completion may elect to remain in 211 the secondary school either as a full-time student or a part 212 time student for up to 1 additional year and receive special 213 instruction designed to remedy his or her identified 214 deficiencies. 215 (8)(a) Each district school board must provide instruction 216 to prepare students with disabilities to demonstrate proficiency 217 in the core content knowledge and skills necessary for 218 successful grade-to-grade progression and high school 219 graduation. 220 (b)1. A student with a disability, as defined in s. 221 1007.02(2), for whom the individual education plan (IEP) 222 committee determines that the FCAT cannot accurately measure the 223 student’s abilities taking into consideration all allowable 224 accommodations, shall have the FCAT requirement of paragraph 225 (4)(b) waived for the purpose of receiving a career diploma, if 226 the student: 227 a. Completes the minimum number of credits and other 228 requirements prescribed by subsections (1), (2), and (3). 229 b. Does not meet the requirements of paragraph (4)(b) after 230 one opportunity in 10th grade and one opportunity in 11th grade. 231 2. A student with a disability, as defined in s. 232 1007.02(2), for whom the IEP committee determines that an end 233 of-course assessment cannot accurately measure the student’s 234 abilities, taking into consideration all allowable 235 accommodations, shall have the end-of-course assessment results 236 waived for the purpose of determining the student’s course grade 237 and credit as required in paragraph (4)(a). 238 (9) The State Board of Education may adopt rules pursuant 239 to ss. 120.536(1) and 120.54 to implement the provisions of this 240 section and may enforce the provisions of this section pursuant 241 to s. 1008.32. 242 Section 2. Paragraph (b) of subsection (4) of section 243 1002.45, Florida Statutes, is amended to read: 244 1002.45 School district virtual instruction programs.— 245 (4) CONTRACT REQUIREMENTS.—Each contract with an approved 246 provider must at minimum: 247 (b) Provide a method for determining that a student has 248 satisfied the requirements for graduation in s. 1003.428, s. 249 1003.4287, s. 1003.429, or s. 1003.43 if the contract is for the 250 provision of a full-time virtual instruction program to students 251 in grades 9 through 12. 252 Section 3. Subsection (3) of section 1003.413, Florida 253 Statutes, is amended to read: 254 1003.413 Florida Secondary School Redesign Act.— 255 (3) Based on these guiding principles, district school 256 boards shall establish policies to implement the requirements of 257 ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies 258 must address: 259 (a) Procedures for placing and promoting students who enter 260 a Florida public school at grade 6 through grade 12 from out of 261 state or from a foreign country, including a review of the 262 student’s prior academic performance. 263 (b) Alternative methods for students to demonstrate 264 competency in required courses and credits, with special support 265 for students who have been retained. 266 (c) Applied, integrated, and combined courses that provide 267 flexibility for students to enroll in courses that are creative 268 and meet individual learning styles and student needs. 269 (d) Credit recovery courses and intensive reading and 270 mathematics intervention courses based on student performance on 271 FCAT Reading and Mathematics. These courses should be competency 272 based and offered through innovative delivery systems, including 273 computer-assisted instruction. School districts should use 274 learning gains as well as other appropriate data and provide 275 incentives to identify and reward high-performing teachers who 276 teach credit recovery and intensive intervention courses. 277 (e) Grade forgiveness policies that replace a grade of “D” 278 or “F” with a grade of “C” or higher earned subsequently in the 279 same or a comparable course. 280 (f) Summer academies for students to receive intensive 281 reading and mathematics intervention courses or competency-based 282 credit recovery courses. A student’s participation in an 283 instructional or remediation program prior to or immediately 284 following entering grade 9 for the first time shall not affect 285 that student’s classification as a first-time 9th grader for 286 reporting purposes. 287 (g) Strategies to support teachers’ pursuit of the reading 288 endorsement and emphasize reading instruction professional 289 development for content area teachers. 290 (h) Creative and flexible scheduling designed to meet 291 student needs. 292 (i) An annual review of each high school student’s 293 electronic personal education plan created pursuant to s. 294 1003.4156 and procedures for high school students who have not 295 prepared an electronic personal education plan pursuant to s. 296 1003.4156 to prepare such plan. 297 (j) Tools for parents to regularly monitor student progress 298 and communicate with teachers. 299 (k) Additional course requirements for promotion and 300 graduation which may be determined by each school district in 301 the student progression plan and may include additional 302 academic, fine and performing arts, physical education, or 303 career and technical education courses in order to provide a 304 complete education program pursuant to s. 1001.41(3). 305 Section 4. Subsection (1) of section 1003.428, Florida 306 Statutes, is amended to read: 307 1003.428 General requirements for high school graduation; 308 revised.— 309 (1) Except as otherwise authorized pursuant to s. 1003.4287 310 or s. 1003.429, beginning with students entering grade 9 in the 311 2007-2008 school year, graduation requires the successful 312 completion of a minimum of 24 credits, an International 313 Baccalaureate curriculum, or an Advanced International 314 Certificate of Education curriculum. Students must be advised of 315 eligibility requirements for state scholarship programs and 316 postsecondary admissions. 317 Section 5. Section 1003.438, Florida Statutes, is amended 318 to read: 319 1003.438 Special high school graduation requirements for 320 certain exceptional students.—A student who has been identified, 321 in accordance with rules established by the State Board of 322 Education, as a student with disabilities who has an 323 intellectual disability; an autism spectrum disorder; a language 324 impairment; an orthopedic impairment; an other health 325 impairment; a traumatic brain injury; an emotional or behavioral 326 disability; a specific learning disability, including, but not 327 limited to, dyslexia, dyscalculia, or developmental aphasia; or 328 students who are deaf or hard of hearing or dual sensory 329 impaired shall not be required to meet all requirements of s. 330 1003.43,ors. 1003.428, or s. 1003.4287 and shall, upon meeting 331 all applicable requirements prescribed by the district school 332 board pursuant to s. 1008.25, be awarded a special diploma in a 333 form prescribed by the commissioner; however, such special 334 graduation requirements prescribed by the district school board 335 must include minimum graduation requirements as prescribed by 336 the commissioner. Any such student who meets all special 337 requirements of the district school board, but is unable to meet 338 the appropriate special state minimum requirements, shall be 339 awarded a special certificate of completion in a form prescribed 340 by the commissioner. However, this section does not limit or 341 restrict the right of an exceptional student solely to a special 342 diploma or special certificate of completion. Any such student 343 shall, upon proper request, be afforded the opportunity to fully 344 meet all requirements of s. 1003.43,ors. 1003.428, or s. 345 1003.4287 through the standard procedures established therein 346 and thereby to qualify for a standard diploma or a career 347 diploma upon graduation. 348 Section 6. Paragraph (e) of subsection (2) of section 349 1003.493, Florida Statutes, is amended to read: 350 1003.493 Career and professional academies.— 351 (2) The goals of a career and professional academy are to: 352 (e) Support graduation requirements pursuant to s. 1003.428 353 or s. 1003.4287 by providing creative, applied major areas of 354 interest. 355 Section 7. Paragraph (c) of subsection (3) of section 356 1008.22, Florida Statutes, is amended to read: 357 1008.22 Student assessment program for public schools.— 358 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 359 design and implement a statewide program of educational 360 assessment that provides information for the improvement of the 361 operation and management of the public schools, including 362 schools operating for the purpose of providing educational 363 services to youth in Department of Juvenile Justice programs. 364 The commissioner may enter into contracts for the continued 365 administration of the assessment, testing, and evaluation 366 programs authorized and funded by the Legislature. Contracts may 367 be initiated in 1 fiscal year and continue into the next and may 368 be paid from the appropriations of either or both fiscal years. 369 The commissioner is authorized to negotiate for the sale or 370 lease of tests, scoring protocols, test scoring services, and 371 related materials developed pursuant to law. Pursuant to the 372 statewide assessment program, the commissioner shall: 373 (c) Develop and implement a student achievement testing 374 program as follows: 375 1. The Florida Comprehensive Assessment Test (FCAT) 376 measures a student’s content knowledge and skills in reading, 377 writing, science, and mathematics. The content knowledge and 378 skills assessed by the FCAT must be aligned to the core 379 curricular content established in the Next Generation Sunshine 380 State Standards. Other content areas may be included as directed 381 by the commissioner. Comprehensive assessments of reading and 382 mathematics shall be administered annually in grades 3 through 383 10 except, beginning with the 2010-2011 school year, the 384 administration of grade 9 FCAT Mathematics shall be 385 discontinued, and beginning with the 2011-2012 school year, the 386 administration of grade 10 FCAT Mathematics shall be 387 discontinued, except as required for students who have not 388 attained minimum performance expectations for graduation as 389 provided in paragraph (9)(c). FCAT Writing and FCAT Science 390 shall be administered at least once at the elementary, middle, 391 and high school levels except, beginning with the 2011-2012 392 school year, the administration of FCAT Science at the high 393 school level shall be discontinued. 394 2.a. End-of-course assessments for a subject shall be 395 administered in addition to the comprehensive assessments 396 required under subparagraph 1. End-of-course assessments must be 397 rigorous, statewide, standardized, and developed or approved by 398 the department. The content knowledge and skills assessed by 399 end-of-course assessments must be aligned to the core curricular 400 content established in the Next Generation Sunshine State 401 Standards. 402 (I) Statewide, standardized end-of-course assessments in 403 mathematics shall be administered according to this sub-sub 404 subparagraph. Beginning with the 2010-2011 school year, all 405 students enrolled in Algebra I or an equivalent course must take 406 the Algebra I end-of-course assessment. Students who earned high 407 school credit in Algebra I while in grades 6 through 8 during 408 the 2007-2008 through 2009-2010 school years and who have not 409 taken Grade 10 FCAT Mathematics must take the Algebra I end-of 410 course assessment during the 2010-2011 school year. For students 411 entering grade 9 during the 2010-2011 school year and who are 412 enrolled in Algebra I or an equivalent, each student’s 413 performance on the end-of-course assessment in Algebra I shall 414 constitute 30 percent of the student’s final course grade. 415 Beginning with students entering grade 9 in the 2011-2012 school 416 year, a student who is enrolled in Algebra I or an equivalent 417 must earn a passing score on the end-of-course assessment in 418 Algebra I or attain an equivalent score as described in 419 subsection (11) in order to earn course credit. Beginning with 420 the 2011-2012 school year, all students enrolled in geometry or 421 an equivalent course must take the geometry end-of-course 422 assessment. For students entering grade 9 during the 2011-2012 423 school year, each student’s performance on the end-of-course 424 assessment in geometry shall constitute 30 percent of the 425 student’s final course grade. Beginning with students entering 426 grade 9 during the 2012-2013 school year, a student must earn a 427 passing score on the end-of-course assessment in geometry or 428 attain an equivalent score as described in subsection (11) in 429 order to earn course credit. 430 (II) Statewide, standardized end-of-course assessments in 431 science shall be administered according to this sub-sub 432 subparagraph. Beginning with the 2011-2012 school year, all 433 students enrolled in Biology I or an equivalent course must take 434 the Biology I end-of-course assessment. For the 2011-2012 school 435 year, each student’s performance on the end-of-course assessment 436 in Biology I shall constitute 30 percent of the student’s final 437 course grade. Beginning with students entering grade 9 during 438 the 2012-2013 school year, a student must earn a passing score 439 on the end-of-course assessment in Biology I in order to earn 440 course credit. 441 b. During the 2012-2013 school year, an end-of-course 442 assessment in civics education shall be administered as a field 443 test at the middle school level. During the 2013-2014 school 444 year, each student’s performance on the statewide, standardized 445 end-of-course assessment in civics education shall constitute 30 446 percent of the student’s final course grade. Beginning with the 447 2014-2015 school year, a student must earn a passing score on 448 the end-of-course assessment in civics education in order to 449 pass the course and receive course credit. 450 c. The commissioner may select one or more nationally 451 developed comprehensive examinations, which may include, but 452 need not be limited to, examinations for a College Board 453 Advanced Placement course, International Baccalaureate course, 454 or Advanced International Certificate of Education course, or 455 industry-approved examinations to earn national industry 456 certifications identified in the Industry Certification Funding 457 List, pursuant to rules adopted by the State Board of Education, 458 for use as end-of-course assessments under this paragraph, if 459 the commissioner determines that the content knowledge and 460 skills assessed by the examinations meet or exceed the grade 461 level expectations for the core curricular content established 462 for the course in the Next Generation Sunshine State Standards. 463 The commissioner may collaborate with the American Diploma 464 Project in the adoption or development of rigorous end-of-course 465 assessments that are aligned to the Next Generation Sunshine 466 State Standards. 467 d. Contingent upon funding provided in the General 468 Appropriations Act, including the appropriation of funds 469 received through federal grants, the Commissioner of Education 470 shall establish an implementation schedule for the development 471 and administration of additional statewide, standardized end-of 472 course assessments in English/Language Arts II, Algebra II, 473 chemistry, physics, earth/space science, United States history, 474 and world history. Priority shall be given to the development of 475 end-of-course assessments in English/Language Arts II. The 476 Commissioner of Education shall evaluate the feasibility and 477 effect of transitioning from the grade 9 and grade 10 FCAT 478 Reading and high school level FCAT Writing to an end-of-course 479 assessment in English/Language Arts II. The commissioner shall 480 report the results of the evaluation to the President of the 481 Senate and the Speaker of the House of Representatives no later 482 than July 1, 2011. 483 3. The testing program shall measure student content 484 knowledge and skills adopted by the State Board of Education as 485 specified in paragraph (a) and measure and report student 486 performance levels of all students assessed in reading, writing, 487 mathematics, and science. The commissioner shall provide for the 488 tests to be developed or obtained, as appropriate, through 489 contracts and project agreements with private vendors, public 490 vendors, public agencies, postsecondary educational 491 institutions, or school districts. The commissioner shall obtain 492 input with respect to the design and implementation of the 493 testing program from state educators, assistive technology 494 experts, and the public. 495 4. The testing program shall be composed of criterion 496 referenced tests that shall, to the extent determined by the 497 commissioner, include test items that require the student to 498 produce information or perform tasks in such a way that the core 499 content knowledge and skills he or she uses can be measured. 500 5. FCAT Reading, Mathematics, and Science and all 501 statewide, standardized end-of-course assessments shall measure 502 the content knowledge and skills a student has attained on the 503 assessment by the use of scaled scores and achievement levels. 504 Achievement levels shall range from 1 through 5, with level 1 505 being the lowest achievement level, level 5 being the highest 506 achievement level, and level 3 indicating satisfactory 507 performance on an assessment. For purposes of FCAT Writing, 508 student achievement shall be scored using a scale of 1 through 6 509 and the score earned shall be used in calculating school grades. 510 A score shall be designated for each subject area tested, below 511 which score a student’s performance is deemed inadequate. The 512 school districts shall provide appropriate remedial instruction 513 to students who score below these levels. 514 6. The State Board of Education shall, by rule, designate a 515 passing score for each part of the grade 10 assessment test and 516 end-of-course assessments. Any rule that has the effect of 517 raising the required passing scores may apply only to students 518 taking the assessment for the first time after the rule is 519 adopted by the State Board of Education. Except as otherwise 520 provided in this subparagraph and as provided in s. 521 1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b), 522 students must earn a passing score on grade 10 FCAT Reading and 523 grade 10 FCAT Mathematics or attain concordant scores as 524 described in subsection (10) in order to qualify for a standard 525 or career high school diploma. 526 7. In addition to designating a passing score under 527 subparagraph 6., the State Board of Education shall also 528 designate, by rule, a score for each statewide, standardized 529 end-of-course assessment which indicates that a student is high 530 achieving and has the potential to meet college-readiness 531 standards by the time the student graduates from high school. 532 8. Participation in the testing program is mandatory for 533 all students attending public school, including students served 534 in Department of Juvenile Justice programs, except as otherwise 535 prescribed by the commissioner. A student who has not earned 536 passing scores on the grade 10 FCAT as provided in subparagraph 537 6. must participate in each retake of the assessment until the 538 student earns passing scores or achieves scores on a 539 standardized assessment which are concordant with passing scores 540 pursuant to subsection (10). If a student does not participate 541 in the statewide assessment, the district must notify the 542 student’s parent and provide the parent with information 543 regarding the implications of such nonparticipation. A parent 544 must provide signed consent for a student to receive classroom 545 instructional accommodations that would not be available or 546 permitted on the statewide assessments and must acknowledge in 547 writing that he or she understands the implications of such 548 instructional accommodations. The State Board of Education shall 549 adopt rules, based upon recommendations of the commissioner, for 550 the provision of test accommodations for students in exceptional 551 education programs and for students who have limited English 552 proficiency. Accommodations that negate the validity of a 553 statewide assessment are not allowable in the administration of 554 the FCAT or an end-of-course assessment. However, instructional 555 accommodations are allowable in the classroom if included in a 556 student’s individual education plan. Students using 557 instructional accommodations in the classroom that are not 558 allowable as accommodations on the FCAT or an end-of-course 559 assessment may have the FCAT or an end-of-course assessment 560 requirement waived pursuant to the requirements of s. 561 1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b). 562 9. A student seeking an adult high school diploma must meet 563 the same testing requirements that a regular high school student 564 must meet. 565 10. District school boards must provide instruction to 566 prepare students in the core curricular content established in 567 the Next Generation Sunshine State Standards adopted under s. 568 1003.41, including the core content knowledge and skills 569 necessary for successful grade-to-grade progression and high 570 school graduation. If a student is provided with instructional 571 accommodations in the classroom that are not allowable as 572 accommodations in the statewide assessment program, as described 573 in the test manuals, the district must inform the parent in 574 writing and must provide the parent with information regarding 575 the impact on the student’s ability to meet expected performance 576 levels in reading, writing, mathematics, and science. The 577 commissioner shall conduct studies as necessary to verify that 578 the required core curricular content is part of the district 579 instructional programs. 580 11. District school boards must provide opportunities for 581 students to demonstrate an acceptable performance level on an 582 alternative standardized assessment approved by the State Board 583 of Education following enrollment in summer academies. 584 12. The Department of Education must develop, or select, 585 and implement a common battery of assessment tools that will be 586 used in all juvenile justice programs in the state. These tools 587 must accurately measure the core curricular content established 588 in the Next Generation Sunshine State Standards. 589 13. For students seeking a special diploma pursuant to s. 590 1003.438, the Department of Education must develop or select and 591 implement an alternate assessment tool that accurately measures 592 the core curricular content established in the Next Generation 593 Sunshine State Standards for students with disabilities under s. 594 1003.438. 595 14. The Commissioner of Education shall establish schedules 596 for the administration of statewide assessments and the 597 reporting of student test results. When establishing the 598 schedules for the administration of statewide assessments, the 599 commissioner shall consider the observance of religious and 600 school holidays. The commissioner shall, by August 1 of each 601 year, notify each school district in writing and publish on the 602 department’s Internet website the testing and reporting 603 schedules for, at a minimum, the school year following the 604 upcoming school year. The testing and reporting schedules shall 605 require that: 606 a. There is the latest possible administration of statewide 607 assessments and the earliest possible reporting to the school 608 districts of student test results which is feasible within 609 available technology and specific appropriations; however, test 610 results for the FCAT must be made available no later than the 611 week of June 8. Student results for end-of-course assessments 612 must be provided no later than 1 week after the school district 613 completes testing for each course. 614 b. Beginning with the 2010-2011 school year, FCAT Writing 615 is not administered earlier than the week of March 1 and a 616 comprehensive statewide assessment of any other subject is not 617 administered earlier than the week of April 15. 618 c. A statewide, standardized end-of-course assessment is 619 administered during a 3-week period at the end of the course. 620 The commissioner shall select a 3-week administration period for 621 assessments that meets the intent of end-of-course assessments 622 and provides student results prior to the end of the course. 623 School districts shall select 1 testing week within the 3-week 624 administration period for each end-of-course assessment. For an 625 end-of-course assessment administered at the end of the first 626 semester, the commissioner shall determine the most appropriate 627 testing dates based on a school district’s academic calendar. 628 629 The commissioner may, based on collaboration and input from 630 school districts, design and implement student testing programs, 631 for any grade level and subject area, necessary to effectively 632 monitor educational achievement in the state, including the 633 measurement of educational achievement of the Next Generation 634 Sunshine State Standards for students with disabilities. 635 Development and refinement of assessments shall include 636 universal design principles and accessibility standards that 637 will prevent any unintended obstacles for students with 638 disabilities while ensuring the validity and reliability of the 639 test. These principles should be applicable to all technology 640 platforms and assistive devices available for the assessments. 641 The field testing process and psychometric analyses for the 642 statewide assessment program must include an appropriate 643 percentage of students with disabilities and an evaluation or 644 determination of the effect of test items on such students. 645 Section 8. This act shall take effect upon becoming a law.