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, or s. 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, or s. 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.