Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1996
       
       
       
       
       
       
                                Barcode 562350                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                
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       The Committee on Budget (Wise) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 445.049, Florida Statutes, is repealed.
    6         Section 2. Section 817.567, Florida Statutes, is repealed.
    7         Section 3. Section 1001.291, Florida Statutes, is repealed.
    8         Section 4. Section 1004.50, Florida Statutes, is repealed.
    9         Section 5. Section 1004.51, Florida Statutes, is repealed.
   10         Section 6. Section 1004.52, Florida Statutes, is repealed.
   11         Section 7. Section 1004.95, Florida Statutes, is repealed.
   12         Section 8. Section 1004.97, Florida Statutes, is repealed.
   13         Section 9. Subsections (11) and (12) of section 1004.04,
   14  Florida Statutes, are repealed.
   15         Section 10. Sections 1009.54, 1009.57, 1009.58, and
   16  1009.59, Florida Statutes, are repealed.
   17         Section 11. Sections 1012.225 and 1012.2251, Florida
   18  Statutes, are repealed.
   19         Section 12. Paragraph (c) of subsection (2) of section
   20  447.403, Florida Statutes, is repealed.
   21         Section 13. Paragraph (a) of subsection (20) of section
   22  1002.33, Florida Statutes, is amended to read:
   23         1002.33 Charter schools.—
   24         (20) SERVICES.—
   25         (a)1. A sponsor shall provide certain administrative and
   26  educational services to charter schools. These services shall
   27  include contract management services; full-time equivalent and
   28  data reporting services; exceptional student education
   29  administration services; services related to eligibility and
   30  reporting duties required to ensure that school lunch services
   31  under the federal lunch program, consistent with the needs of
   32  the charter school, are provided by the school district at the
   33  request of the charter school, that any funds due to the charter
   34  school under the federal lunch program be paid to the charter
   35  school as soon as the charter school begins serving food under
   36  the federal lunch program, and that the charter school is paid
   37  at the same time and in the same manner under the federal lunch
   38  program as other public schools serviced by the sponsor or the
   39  school district; test administration services, including payment
   40  of the costs of state-required or district-required student
   41  assessments; processing of teacher certificate data services;
   42  and information services, including equal access to student
   43  information systems that are used by public schools in the
   44  district in which the charter school is located. Student
   45  performance data for each student in a charter school,
   46  including, but not limited to, FCAT scores, standardized test
   47  scores, previous public school student report cards, and student
   48  performance measures, shall be provided by the sponsor to a
   49  charter school in the same manner provided to other public
   50  schools in the district.
   51         2. A total administrative fee for the provision of such
   52  services shall be calculated based upon up to 5 percent of the
   53  available funds defined in paragraph (17)(b) for all students.
   54  However, a sponsor may only withhold up to a 5-percent
   55  administrative fee for enrollment for up to and including 250
   56  students. For charter schools with a population of 251 or more
   57  students, the difference between the total administrative fee
   58  calculation and the amount of the administrative fee withheld
   59  may only be used for capital outlay purposes specified in s.
   60  1013.62(2).
   61         3. In addition, a sponsor may withhold only up to a 5
   62  percent administrative fee for enrollment for up to and
   63  including 500 students within a system of charter schools which
   64  meets all of the following:
   65         a. Includes both conversion charter schools and
   66  nonconversion charter schools;
   67         b. Has all schools located in the same county;
   68         c. Has a total enrollment exceeding the total enrollment of
   69  at least one school district in the state;
   70         d. Has the same governing board; and
   71         e. Does not contract with a for-profit service provider for
   72  management of school operations.
   73         4. The difference between the total administrative fee
   74  calculation and the amount of the administrative fee withheld
   75  pursuant to subparagraph 3. may be used for instructional and
   76  administrative purposes as well as for capital outlay purposes
   77  specified in s. 1013.62(2).
   78         5. Each charter school shall receive 100 percent of the
   79  funds awarded to that school pursuant to s. 1012.225. Sponsors
   80  shall not charge charter schools any additional fees or
   81  surcharges for administrative and educational services in
   82  addition to the maximum 5-percent administrative fee withheld
   83  pursuant to this paragraph.
   84         Section 14. Subsection (10) of section 1003.52, Florida
   85  Statutes, is amended to read:
   86         1003.52 Educational services in Department of Juvenile
   87  Justice programs.—
   88         (10) The district school board shall recruit and train
   89  teachers who are interested, qualified, or experienced in
   90  educating students in juvenile justice programs. Students in
   91  juvenile justice programs shall be provided a wide range of
   92  educational programs and opportunities including textbooks,
   93  technology, instructional support, and other resources available
   94  to students in public schools. Teachers assigned to educational
   95  programs in juvenile justice settings in which the district
   96  school board operates the educational program shall be selected
   97  by the district school board in consultation with the director
   98  of the juvenile justice facility. Educational programs in
   99  juvenile justice facilities shall have access to the substitute
  100  teacher pool utilized by the district school board. Full-time
  101  teachers working in juvenile justice schools, whether employed
  102  by a district school board or a provider, shall be eligible for
  103  the critical teacher shortage tuition reimbursement program as
  104  defined by s. 1009.58 and other teacher recruitment and
  105  retention programs.
  106         Section 15. Paragraph (a) of subsection (1) of section
  107  1009.40, Florida Statutes, is amended to read:
  108         1009.40 General requirements for student eligibility for
  109  state financial aid awards and tuition assistance grants.—
  110         (1)(a) The general requirements for eligibility of students
  111  for state financial aid awards and tuition assistance grants
  112  consist of the following:
  113         1. Achievement of the academic requirements of and
  114  acceptance at a state university or community college; a nursing
  115  diploma school approved by the Florida Board of Nursing; a
  116  Florida college, university, or community college that which is
  117  accredited by an accrediting agency recognized by the State
  118  Board of Education; any Florida institution the credits of which
  119  are acceptable for transfer to state universities; any career
  120  center; or any private career institution accredited by an
  121  accrediting agency recognized by the State Board of Education.
  122         2. Residency in this state for no less than 1 year
  123  preceding the award of aid or a tuition assistance grant for a
  124  program established pursuant to s. 1009.50, s. 1009.505, s.
  125  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  126  1009.57, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.72, s.
  127  1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. Residency in
  128  this state must be for purposes other than to obtain an
  129  education. Resident status for purposes of receiving state
  130  financial aid awards shall be determined in the same manner as
  131  resident status for tuition purposes pursuant to s. 1009.21.
  132         3. Submission of certification attesting to the accuracy,
  133  completeness, and correctness of information provided to
  134  demonstrate a student’s eligibility to receive state financial
  135  aid awards or tuition assistance grants. Falsification of such
  136  information shall result in the denial of any pending
  137  application and revocation of any award or grant currently held
  138  to the extent that no further payments shall be made.
  139  Additionally, students who knowingly make false statements in
  140  order to receive state financial aid awards or tuition
  141  assistance grants commit a misdemeanor of the second degree
  142  subject to the provisions of s. 837.06 and shall be required to
  143  return all state financial aid awards or tuition assistance
  144  grants wrongfully obtained.
  145         Section 16. Paragraph (c) of subsection (2) of section
  146  1009.94, Florida Statutes, is amended to read:
  147         1009.94 Student financial assistance database.—
  148         (2) For purposes of this section, financial assistance
  149  includes:
  150         (c) Any financial assistance provided under s. 1009.50, s.
  151  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  152  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  153  1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 1009.73, s.
  154  1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  155         Section 17. Paragraph (d) of subsection (7) of section
  156  1011.62, Florida Statutes, is amended to read:
  157         1011.62 Funds for operation of schools.—If the annual
  158  allocation from the Florida Education Finance Program to each
  159  district for operation of schools is not determined in the
  160  annual appropriations act or the substantive bill implementing
  161  the annual appropriations act, it shall be determined as
  162  follows:
  163         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
  164         (d) Each district’s allocation of sparsity supplement funds
  165  shall be adjusted in the following manner:
  166         1. A maximum discretionary levy per FTE value for each
  167  district shall be calculated by dividing the value of each
  168  district’s maximum discretionary levy by its FTE student count.
  169         2. A state average discretionary levy value per FTE shall
  170  be calculated by dividing the total maximum discretionary levy
  171  value for all districts by the state total FTE student count.
  172         3. A total potential funds per FTE for each district shall
  173  be calculated by dividing the total potential funds, not
  174  including Florida School Recognition Program funds, Merit Award
  175  Program funds, and the minimum guarantee funds, for each
  176  district by its FTE student count.
  177         4. A state average total potential funds per FTE shall be
  178  calculated by dividing the total potential funds, not including
  179  Florida School Recognition Program funds, Merit Award Program
  180  funds, and the minimum guarantee funds, for all districts by the
  181  state total FTE student count.
  182         5. For districts that have a levy value per FTE as
  183  calculated in subparagraph 1. higher than the state average
  184  calculated in subparagraph 2., a sparsity wealth adjustment
  185  shall be calculated as the product of the difference between the
  186  state average levy value per FTE calculated in subparagraph 2.
  187  and the district’s levy value per FTE calculated in subparagraph
  188  1. and the district’s FTE student count and -1. However, no
  189  district shall have a sparsity wealth adjustment that, when
  190  applied to the total potential funds calculated in subparagraph
  191  3., would cause the district’s total potential funds per FTE to
  192  be less than the state average calculated in subparagraph 4.
  193         6. Each district’s sparsity supplement allocation shall be
  194  calculated by adding the amount calculated as specified in
  195  paragraphs (a) and (b) and the wealth adjustment amount
  196  calculated in this paragraph.
  197         Section 18. Section 1012.07, Florida Statutes, is amended
  198  to read:
  199         1012.07 Identification of critical teacher shortage areas.—
  200         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  201  “critical teacher shortage area” applies to mathematics,
  202  science, career education, and high priority location areas. The
  203  State Board of Education may identify career education programs
  204  having critical teacher shortages. The State Board of Education
  205  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  206  necessary to annually identify other critical teacher shortage
  207  areas and high priority location areas. The state board shall
  208  also consider teacher characteristics such as ethnic background,
  209  race, and sex in determining critical teacher shortage areas.
  210  School grade levels may also be designated critical teacher
  211  shortage areas. Individual district school boards may identify
  212  other critical teacher shortage areas. Such shortages must be
  213  certified to and approved by the State Board of Education. High
  214  priority location areas shall be in high-density, low-economic
  215  urban schools and low-density, low-economic rural schools and
  216  shall include schools that which meet criteria that which
  217  include, but are not limited to, the percentage of free lunches,
  218  the percentage of students under Chapter I of the Education
  219  Consolidation and Improvement Act of 1981, and the faculty
  220  attrition rate.
  221         (2) This section shall be implemented only to the extent as
  222  specifically funded and authorized by law.
  223         Section 19. Effective July 1, 2011, paragraphs (a), (b),
  224  and (c) of subsection (3) of section 1012.33, Florida Statutes,
  225  are repealed.
  226         Section 20. Paragraph (c) of subsection (3) of section
  227  1008.22, Florida Statutes, is amended to read:
  228         1008.22 Student assessment program for public schools.—
  229         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  230  design and implement a statewide program of educational
  231  assessment that provides information for the improvement of the
  232  operation and management of the public schools, including
  233  schools operating for the purpose of providing educational
  234  services to youth in Department of Juvenile Justice programs.
  235  The commissioner may enter into contracts for the continued
  236  administration of the assessment, testing, and evaluation
  237  programs authorized and funded by the Legislature. Contracts may
  238  be initiated in 1 fiscal year and continue into the next and may
  239  be paid from the appropriations of either or both fiscal years.
  240  The commissioner is authorized to negotiate for the sale or
  241  lease of tests, scoring protocols, test scoring services, and
  242  related materials developed pursuant to law. Pursuant to the
  243  statewide assessment program, the commissioner shall:
  244         (c) Develop and implement a student achievement testing
  245  program as follows:
  246         1. The Florida Comprehensive Assessment Test (FCAT)
  247  measures a student’s content knowledge and skills in reading,
  248  writing, science, and mathematics. The content knowledge and
  249  skills assessed by the FCAT must be aligned to the core
  250  curricular content established in the Next Generation Sunshine
  251  State Standards. Other content areas may be included as directed
  252  by the commissioner. Comprehensive assessments of reading and
  253  mathematics shall be administered annually in grades 3 through
  254  10 except, beginning with the 2010-2011 school year, the
  255  administration of grade 9 FCAT Mathematics shall be
  256  discontinued, and beginning with the 2011-2012 school year, the
  257  administration of grade 10 FCAT Mathematics shall be
  258  discontinued, except as required for students who have not
  259  attained minimum performance expectations for graduation as
  260  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  261  shall be administered at least once at the elementary, middle,
  262  and high school levels except, beginning with the 2011-2012
  263  school year, the administration of FCAT Science at the high
  264  school level shall be discontinued.
  265         2.a. End-of-course assessments for a subject shall be
  266  administered in addition to the comprehensive assessments
  267  required under subparagraph 1. End-of-course assessments must be
  268  rigorous, statewide, standardized, and developed or approved by
  269  the department. The content knowledge and skills assessed by
  270  end-of-course assessments must be aligned to the core curricular
  271  content established in the Next Generation Sunshine State
  272  Standards.
  273         (I) Statewide, standardized end-of-course assessments in
  274  mathematics shall be administered according to this sub-sub
  275  subparagraph. Beginning with the 2010-2011 school year, all
  276  students enrolled in Algebra I or an equivalent course must take
  277  the Algebra I end-of-course assessment. Students who earned high
  278  school credit in Algebra I while in grades 6 through 8 during
  279  the 2007-2008 through 2009-2010 school years and who have not
  280  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  281  course assessment during the 2010-2011 school year. For students
  282  entering grade 9 during the 2010-2011 school year and who are
  283  enrolled in Algebra I or an equivalent, each student’s
  284  performance on the end-of-course assessment in Algebra I shall
  285  constitute 30 percent of the student’s final course grade.
  286  Beginning with students entering grade 9 in the 2011-2012 school
  287  year, a student who is enrolled in Algebra I or an equivalent
  288  must earn a passing score on the end-of-course assessment in
  289  Algebra I or attain an equivalent score as described in
  290  subsection (11) in order to earn course credit. Beginning with
  291  the 2011-2012 school year, all students enrolled in geometry or
  292  an equivalent course must take the geometry end-of-course
  293  assessment. For students entering grade 9 during the 2011-2012
  294  school year, each student’s performance on the end-of-course
  295  assessment in geometry shall constitute 30 percent of the
  296  student’s final course grade. Beginning with students entering
  297  grade 9 during the 2012-2013 school year, a student must earn a
  298  passing score on the end-of-course assessment in geometry or
  299  attain an equivalent score as described in subsection (11) in
  300  order to earn course credit.
  301         (II) Statewide, standardized end-of-course assessments in
  302  science shall be administered according to this sub-sub
  303  subparagraph. Beginning with the 2011-2012 school year, all
  304  students enrolled in Biology I or an equivalent course must take
  305  the Biology I end-of-course assessment. For the 2011-2012 school
  306  year, each student’s performance on the end-of-course assessment
  307  in Biology I shall constitute 30 percent of the student’s final
  308  course grade. Beginning with students entering grade 9 during
  309  the 2012-2013 school year, a student must earn a passing score
  310  on the end-of-course assessment in Biology I in order to earn
  311  course credit.
  312         b. During the 2012-2013 school year, an end-of-course
  313  assessment in civics education shall be administered as a field
  314  test at the middle school level. During the 2013-2014 school
  315  year, each student’s performance on the statewide, standardized
  316  end-of-course assessment in civics education shall constitute 30
  317  percent of the student’s final course grade. Beginning with the
  318  2014-2015 school year, a student must earn a passing score on
  319  the end-of-course assessment in civics education in order to
  320  pass the course and receive course credit.
  321         c. The commissioner may select one or more nationally
  322  developed comprehensive examinations, which may include, but
  323  need not be limited to, examinations for a College Board
  324  Advanced Placement course, International Baccalaureate course,
  325  or Advanced International Certificate of Education course, or
  326  industry-approved examinations to earn national industry
  327  certifications identified in the Industry Certification Funding
  328  List, pursuant to rules adopted by the State Board of Education,
  329  for use as end-of-course assessments under this paragraph, if
  330  the commissioner determines that the content knowledge and
  331  skills assessed by the examinations meet or exceed the grade
  332  level expectations for the core curricular content established
  333  for the course in the Next Generation Sunshine State Standards.
  334  The commissioner may collaborate with the American Diploma
  335  Project in the adoption or development of rigorous end-of-course
  336  assessments that are aligned to the Next Generation Sunshine
  337  State Standards.
  338         d. Contingent upon funding provided in the General
  339  Appropriations Act, including the appropriation of funds
  340  received through federal grants, the Commissioner of Education
  341  shall establish an implementation schedule for the development
  342  and administration of additional statewide, standardized end-of
  343  course assessments in English/Language Arts II, Algebra II,
  344  chemistry, physics, earth/space science, United States history,
  345  and world history. Priority shall be given to the development of
  346  end-of-course assessments in English/Language Arts II. The
  347  Commissioner of Education shall evaluate the feasibility and
  348  effect of transitioning from the grade 9 and grade 10 FCAT
  349  Reading and high school level FCAT Writing to an end-of-course
  350  assessment in English/Language Arts II. The commissioner shall
  351  report the results of the evaluation to the President of the
  352  Senate and the Speaker of the House of Representatives no later
  353  than July 1, 2011.
  354         3. The testing program shall measure student content
  355  knowledge and skills adopted by the State Board of Education as
  356  specified in paragraph (a) and measure and report student
  357  performance levels of all students assessed in reading, writing,
  358  mathematics, and science. The commissioner shall provide for the
  359  tests to be developed or obtained, as appropriate, through
  360  contracts and project agreements with private vendors, public
  361  vendors, public agencies, postsecondary educational
  362  institutions, or school districts. The commissioner shall obtain
  363  input with respect to the design and implementation of the
  364  testing program from state educators, assistive technology
  365  experts, and the public.
  366         4. The testing program shall be composed of criterion
  367  referenced tests that shall, to the extent determined by the
  368  commissioner, include test items that require the student to
  369  produce information or perform tasks in such a way that the core
  370  content knowledge and skills he or she uses can be measured.
  371         5. FCAT Reading, Mathematics, and Science and all
  372  statewide, standardized end-of-course assessments shall measure
  373  the content knowledge and skills a student has attained on the
  374  assessment by the use of scaled scores and achievement levels.
  375  Achievement levels shall range from 1 through 5, with level 1
  376  being the lowest achievement level, level 5 being the highest
  377  achievement level, and level 3 indicating satisfactory
  378  performance on an assessment. For purposes of FCAT Writing,
  379  student achievement shall be scored using a scale of 1 through 6
  380  and the score earned shall be used in calculating school grades.
  381  A score shall be designated for each subject area tested, below
  382  which score a student’s performance is deemed inadequate. The
  383  school districts shall provide appropriate remedial instruction
  384  to students who score below these levels.
  385         6. The State Board of Education shall, by rule, designate a
  386  passing score for each part of the grade 10 assessment test and
  387  end-of-course assessments. Any rule that has the effect of
  388  raising the required passing scores may apply only to students
  389  taking the assessment for the first time after the rule is
  390  adopted by the State Board of Education. Except as otherwise
  391  provided in this subparagraph and as provided in s.
  392  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
  393  passing score on grade 10 FCAT Reading and grade 10 FCAT
  394  Mathematics or attain concordant scores as described in
  395  subsection (10) in order to qualify for a standard high school
  396  diploma.
  397         7. In addition to designating a passing score under
  398  subparagraph 6., the State Board of Education shall also
  399  designate, by rule, a score for each statewide, standardized
  400  end-of-course assessment which indicates that a student is high
  401  achieving and has the potential to meet college-readiness
  402  standards by the time the student graduates from high school.
  403         8. Participation in the testing program is mandatory for
  404  all students attending public school, including students served
  405  in Department of Juvenile Justice programs, except as otherwise
  406  prescribed by the commissioner. A student who has not earned
  407  passing scores on the grade 10 FCAT as provided in subparagraph
  408  6. must participate in each retake of the assessment until the
  409  student earns passing scores or achieves scores on a
  410  standardized assessment which are concordant with passing scores
  411  pursuant to subsection (10). If a student does not participate
  412  in the statewide assessment, the district must notify the
  413  student’s parent and provide the parent with information
  414  regarding the implications of such nonparticipation. A parent
  415  must provide signed consent for a student to receive classroom
  416  instructional accommodations that would not be available or
  417  permitted on the statewide assessments and must acknowledge in
  418  writing that he or she understands the implications of such
  419  instructional accommodations. The State Board of Education shall
  420  adopt rules, based upon recommendations of the commissioner, for
  421  the provision of test accommodations for students in exceptional
  422  education programs and for students who have limited English
  423  proficiency. Accommodations that negate the validity of a
  424  statewide assessment are not allowable in the administration of
  425  the FCAT or an end-of-course assessment. However, instructional
  426  accommodations are allowable in the classroom if included in a
  427  student’s individual education plan. Students using
  428  instructional accommodations in the classroom that are not
  429  allowable as accommodations on the FCAT or an end-of-course
  430  assessment may have the FCAT or an end-of-course assessment
  431  requirement waived pursuant to the requirements of s.
  432  1003.428(8)(b) or s. 1003.43(11)(b).
  433         9. A student seeking an adult high school diploma must meet
  434  the same testing requirements that a regular high school student
  435  must meet.
  436         10. District school boards must provide instruction to
  437  prepare students in the core curricular content established in
  438  the Next Generation Sunshine State Standards adopted under s.
  439  1003.41, including the core content knowledge and skills
  440  necessary for successful grade-to-grade progression and high
  441  school graduation. If a student is provided with instructional
  442  accommodations in the classroom that are not allowable as
  443  accommodations in the statewide assessment program, as described
  444  in the test manuals, the district must inform the parent in
  445  writing and must provide the parent with information regarding
  446  the impact on the student’s ability to meet expected performance
  447  levels in reading, writing, mathematics, and science. The
  448  commissioner shall conduct studies as necessary to verify that
  449  the required core curricular content is part of the district
  450  instructional programs.
  451         11. District school boards must provide opportunities for
  452  students to demonstrate an acceptable performance level on an
  453  alternative standardized assessment approved by the State Board
  454  of Education following enrollment in summer academies.
  455         12. The Department of Education must develop, or select,
  456  and implement a common battery of assessment tools that will be
  457  used in all juvenile justice programs in the state. These tools
  458  must accurately measure the core curricular content established
  459  in the Next Generation Sunshine State Standards.
  460         13. For students seeking a special diploma pursuant to s.
  461  1003.438, the Department of Education must develop or select and
  462  implement an alternate assessment tool that accurately measures
  463  the core curricular content established in the Next Generation
  464  Sunshine State Standards for students with disabilities under s.
  465  1003.438.
  466         14. The Commissioner of Education shall establish schedules
  467  for the administration of statewide assessments and the
  468  reporting of student test results. When establishing the
  469  schedules for the administration of statewide assessments, the
  470  commissioner shall consider the observance of religious and
  471  school holidays. The commissioner shall, by August 1 of each
  472  year, notify each school district in writing and publish on the
  473  department’s Internet website the testing and reporting
  474  schedules for, at a minimum, the school year following the
  475  upcoming school year. The testing and reporting schedules shall
  476  require that:
  477         a. There is the latest possible administration of statewide
  478  assessments and the earliest possible reporting to the school
  479  districts of student test results which is feasible within
  480  available technology and specific appropriations; however, test
  481  results for the FCAT must be made available no later than the
  482  week of June 8. Student results for end-of-course assessments
  483  must be provided no later than 1 week after the school district
  484  completes testing for each course.
  485         b. Beginning with the 2010-2011 school year, FCAT Writing
  486  is not administered earlier than the week of March 1 and a
  487  comprehensive statewide assessment of any other subject is not
  488  administered earlier than the week of April 15.
  489         c. A statewide, standardized end-of-course assessment is
  490  administered during a 3-week period at the end of the course.
  491  The commissioner shall select a 3-week administration period for
  492  assessments that meets the intent of end-of-course assessments
  493  and provides student results prior to the end of the course.
  494  School districts shall select 1 testing week within the 3-week
  495  administration period for each end-of-course assessment. For an
  496  end-of-course assessment administered at the end of the first
  497  semester, the commissioner shall determine the most appropriate
  498  testing dates based on a school district’s academic calendar.
  499  
  500  The commissioner may, based on collaboration and input from
  501  school districts, design and implement student testing programs,
  502  for any grade level and subject area, necessary to effectively
  503  monitor educational achievement in the state, including the
  504  measurement of educational achievement of the Next Generation
  505  Sunshine State Standards for students with disabilities.
  506  Development and refinement of assessments shall include
  507  universal design principles and accessibility standards that
  508  will prevent any unintended obstacles for students with
  509  disabilities while ensuring the validity and reliability of the
  510  test. These principles should be applicable to all technology
  511  platforms and assistive devices available for the assessments.
  512  The field testing process and psychometric analyses for the
  513  statewide assessment program must include an appropriate
  514  percentage of students with disabilities and an evaluation or
  515  determination of the effect of test items on such students.
  516         Section 21. Except as otherwise expressly provided in this
  517  act, this act shall take effect upon becoming a law.
  518  
  519  ================= T I T L E  A M E N D M E N T ================
  520         And the title is amended as follows:
  521         Delete everything before the enacting clause
  522  and insert:
  523                        A bill to be entitled                      
  524         An act relating to education law repeals; repealing s.
  525         445.049, F.S., relating to the creation of the Digital
  526         Divide Council in the Department of Education;
  527         repealing s. 817.567, F.S., relating to making false
  528         claims of academic degree or title; repealing s.
  529         1001.291, F.S., which provides for implementation of a
  530         pilot project relating to discounted computers and
  531         Internet access for low-income students; repealing s.
  532         1004.50, F.S., relating to the Institute on Urban
  533         Policy and Commerce; repealing s. 1004.51, F.S.,
  534         relating to the Community and Faith-based
  535         Organizations Initiative and the Library Technology
  536         Access Partnership; repealing s. 1004.52, F.S.,
  537         relating to the community computer access grant
  538         program; repealing s. 1004.95, F.S., relating to adult
  539         literacy centers; repealing s. 1004.97, F.S., relating
  540         to the Florida Literacy Corps; repealing s.
  541         1004.04(11) and (12), F.S., relating to the Preteacher
  542         and Teacher Education Pilot Programs and the Teacher
  543         Education Pilot Programs for High-Achieving Students;
  544         repealing s. 1009.54, F.S., relating to the Critical
  545         Teacher Shortage Program; repealing s. 1009.57, F.S.,
  546         relating to the Florida Teacher Scholarship and
  547         Forgivable Loan Program; repealing s. 1009.58, F.S.,
  548         relating to the critical teacher shortage tuition
  549         reimbursement program; repealing s. 1009.59, F.S.,
  550         relating to the Critical Teacher Shortage Student Loan
  551         Forgiveness Program; repealing s. 1012.225, F.S.,
  552         relating to the Merit Award Program for Instructional
  553         Personnel and School-Based Administrators; repealing
  554         s. 1012.2251, F.S., relating to the administration of
  555         end-of-course examinations for the Merit Award
  556         Program; repealing s. 447.403(2)(c), F.S., relating to
  557         the resolution of an impasse involving a dispute of a
  558         Merit Award Program plan, to conform; amending ss.
  559         1002.33, 1003.52, 1009.40, 1009.94, 1011.62, and
  560         1012.07, F.S.; conforming provisions to changes made
  561         by the act; repealing s. 1012.33(3)(a), (b), and (c),
  562         F.S., relating to professional service contracts for
  563         instructional staff; amending s. 1008.22, F.S.;
  564         deleting a provision requiring that certain middle
  565         school students who earned high school credit in
  566         Algebra I take the Algebra I end-of-course assessment
  567         during the 2010-2011 school year; providing effective
  568         dates.