Florida Senate - 2011 (Corrected Copy) SB 2026
By Senator Sachs
33-01210-11 20112026__
1 A bill to be entitled
2 An act relating to public school education; amending
3 ss. 1002.33, 1003.03, 1003.413, and 1003.4156, F.S.,
4 relating to discontinuance of administration of the
5 Florida Comprehensive Assessment Test (FCAT), to
6 conform to changes made by the act; deleting
7 requirement that district school boards establish
8 policies for intensive reading and mathematics
9 intervention courses in high school; providing for
10 intervention services; amending s. 1003.428, F.S.;
11 requiring that students be advised of the availability
12 of certain courses for purposes of high school
13 graduation; providing for remediation and intervention
14 services in certain circumstances; revising general
15 requirements for high school graduation; conforming
16 provisions relating to discontinuance of FCAT
17 administration; amending s. 1003.429, F.S.; requiring
18 that students be advised of the availability of
19 certain courses for purposes of accelerated high
20 school graduation options; revising general
21 requirements for accelerated high school graduation;
22 conforming provisions relating to discontinuance of
23 FCAT administration; requiring the State Board of
24 Education to appoint a task force to develop high
25 school graduation standards for career-track students
26 and consider ways to provide unique curriculum
27 offerings; requiring the task force to submit
28 recommendations to the Legislature; amending s.
29 1003.433, F.S., relating to discontinuance of FCAT
30 administration and revised general requirements for
31 high school graduation, to conform to changes made by
32 the act; amending s. 1008.22, F.S.; revising the
33 statewide student assessment program to discontinue
34 use of the FCAT; requiring the assessment program to
35 consist of subject area assessments for students in
36 grades 3 through 5, subject area assessments and end
37 of-course assessments in core and noncore subjects for
38 students in grades 6 through 12, and diagnostic
39 assessments for students in grades 6, 8, and 10;
40 providing eligibility for exemption from certain
41 assessment requirements; revising course grade and
42 course credit requirements relating to student
43 performance on end-of-course assessments; requiring
44 school districts to provide intervention services to
45 certain students; providing that results on end-of
46 course assessments are one component of requirements
47 for high school graduation; revising provisions
48 relating to test-preparation activities; deleting
49 provisions relating to use of concordant scores for
50 the FCAT; amending s. 1008.25, F.S.; requiring
51 intervention services for certain students as part of
52 the comprehensive program for student progression;
53 conforming provisions relating to the revision of the
54 statewide student assessment program; deleting
55 mandatory retention for certain grade 3 students;
56 authorizing promotion for good cause; providing for
57 reporting; amending s. 1008.30, F.S.; revising
58 provisions relating to use of the common placement
59 test to conform to discontinuance of FCAT
60 administration; amending ss. 1008.34 and 1008.341,
61 F.S.; deleting use of the FCAT as a basis for
62 determining school grades and school improvement
63 ratings; providing for student results on subject area
64 assessments and end-of-course assessments to partially
65 determine school grades and school improvement
66 ratings; providing additional factors for such
67 determination; conforming provisions relating to
68 revision of the Florida School Recognition Program;
69 amending s. 1008.36, F.S.; changing the Florida School
70 Recognition Program to the Every Child Matters
71 Program; providing intent and purpose of the program;
72 providing for financial assistance to schools
73 providing remediation and intervention services to
74 certain students; specifying the uses of program
75 funds; providing Department of Education duties;
76 amending s. 1009.531, F.S.; adding a cross-reference
77 to high school graduation requirements; amending s.
78 1011.62, F.S.; conforming provisions relating to
79 revision of the Florida School Recognition Program and
80 discontinuance of FCAT administration; amending s.
81 1012.22, F.S.; conforming provisions relating to
82 discontinuance of FCAT administration; providing for
83 the appointment of a public school assessment and
84 accountability alignment committee to develop
85 standards for a revised statewide student assessment
86 program, procedures for transitioning to the new
87 program, and standards for determining school grades
88 and school improvement ratings; providing for
89 membership; providing duties of the alignment
90 committee, the State Board of Education, and the
91 Department of Education; providing a timetable for
92 implementation; providing for future expiration of the
93 alignment committee; providing effective dates.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraph (a) of subsection (20) of section
98 1002.33, Florida Statutes, is amended to read:
99 1002.33 Charter schools.—
100 (20) SERVICES.—
101 (a)1. A sponsor shall provide certain administrative and
102 educational services to charter schools. These services shall
103 include contract management services; full-time equivalent and
104 data reporting services; exceptional student education
105 administration services; services related to eligibility and
106 reporting duties required to ensure that school lunch services
107 under the federal lunch program, consistent with the needs of
108 the charter school, are provided by the school district at the
109 request of the charter school, that any funds due to the charter
110 school under the federal lunch program be paid to the charter
111 school as soon as the charter school begins serving food under
112 the federal lunch program, and that the charter school is paid
113 at the same time and in the same manner under the federal lunch
114 program as other public schools serviced by the sponsor or the
115 school district; test administration services, including payment
116 of the costs of state-required or district-required student
117 assessments; processing of teacher certificate data services;
118 and information services, including equal access to student
119 information systems that are used by public schools in the
120 district in which the charter school is located. Student
121 performance data for each student in a charter school,
122 including, but not limited to, subject area assessment scores,
123 end-of-course assessment FCAT scores, standardized test scores,
124 previous public school student report cards, and student
125 performance measures, shall be provided by the sponsor to a
126 charter school in the same manner provided to other public
127 schools in the district.
128 2. A total administrative fee for the provision of such
129 services shall be calculated based upon up to 5 percent of the
130 available funds defined in paragraph (17)(b) for all students.
131 However, a sponsor may only withhold up to a 5-percent
132 administrative fee for enrollment for up to and including 250
133 students. For charter schools with a population of 251 or more
134 students, the difference between the total administrative fee
135 calculation and the amount of the administrative fee withheld
136 may only be used for capital outlay purposes specified in s.
137 1013.62(2).
138 3. In addition, a sponsor may withhold only up to a 5
139 percent administrative fee for enrollment for up to and
140 including 500 students within a system of charter schools which
141 meets all of the following:
142 a. Includes both conversion charter schools and
143 nonconversion charter schools;
144 b. Has all schools located in the same county;
145 c. Has a total enrollment exceeding the total enrollment of
146 at least one school district in the state;
147 d. Has the same governing board; and
148 e. Does not contract with a for-profit service provider for
149 management of school operations.
150 4. The difference between the total administrative fee
151 calculation and the amount of the administrative fee withheld
152 pursuant to subparagraph 3. may be used for instructional and
153 administrative purposes as well as for capital outlay purposes
154 specified in s. 1013.62(2).
155 5. Each charter school shall receive 100 percent of the
156 funds awarded to that school pursuant to s. 1012.225. Sponsors
157 shall not charge charter schools any additional fees or
158 surcharges for administrative and educational services in
159 addition to the maximum 5-percent administrative fee withheld
160 pursuant to this paragraph.
161 Section 2. Paragraph (c) of subsection (3) of section
162 1003.03, Florida Statutes, is amended to read:
163 1003.03 Maximum class size.—
164 (3) IMPLEMENTATION OPTIONS.—District school boards must
165 consider, but are not limited to, implementing the following
166 items in order to meet the constitutional class size maximums
167 described in subsection (1):
168 (c)1. Repeal district school board policies that require
169 students to have more than 24 credits to graduate from high
170 school.
171 2. Adopt policies to allow students to graduate from high
172 school as soon as they meet the requirements pass the grade 10
173 FCAT and complete the courses required for high school
174 graduation.
175 Section 3. Paragraph (d) of subsection (3) of section
176 1003.413, Florida Statutes, is amended to read:
177 1003.413 Florida Secondary School Redesign Act.—
178 (3) Based on these guiding principles, district school
179 boards shall establish policies to implement the requirements of
180 ss. 1003.4156, 1003.428, and 1003.493. The policies must
181 address:
182 (d) Credit recovery courses and intensive reading and
183 mathematics intervention services courses based on student
184 performance on diagnostic assessments, subject area assessments,
185 or end-of-course assessments FCAT Reading and Mathematics. These
186 courses and intervention services should be competency based and
187 offered through innovative delivery systems, including computer
188 assisted instruction. School districts should use learning gains
189 as well as other appropriate data and provide incentives to
190 identify and reward high-performing teachers who teach credit
191 recovery courses and provide intensive intervention services
192 courses.
193 Section 4. Subsection (1) of section 1003.4156, Florida
194 Statutes, are amended to read:
195 1003.4156 General requirements for middle grades
196 promotion.—
197 (1) Beginning with students entering grade 6 in the 2006
198 2007 school year, Promotion from a school composed of middle
199 grades 6, 7, and 8 requires that:
200 (a) The student must successfully complete academic courses
201 as follows:
202 1. Three middle school or higher courses in English. These
203 courses shall emphasize literature, composition, and technical
204 text.
205 2. Three middle school or higher courses in mathematics.
206 Each middle school must offer at least one high school level
207 mathematics course for which students may earn high school
208 credit. Successful completion of a high school level Algebra I
209 or geometry course is not contingent upon the student’s
210 performance on the end-of-course assessment required under s.
211 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
212 school year, to earn high school credit for an Algebra I course,
213 a middle school student must pass the Algebra I end-of-course
214 assessment, and beginning with the 2012-2013 school year, to
215 earn high school credit for a geometry course, a middle school
216 student must pass the geometry end-of-course assessment.
217 3. Three middle school or higher courses in social studies,
218 one semester of which must include the study of state and
219 federal government and civics education. Beginning with students
220 entering grade 6 in the 2012-2013 school year, one of these
221 courses must be at least a one-semester civics education course
222 that a student successfully completes in accordance with s.
223 1008.22(3)(c) and that includes the roles and responsibilities
224 of federal, state, and local governments; the structures and
225 functions of the legislative, executive, and judicial branches
226 of government; and the meaning and significance of historic
227 documents, such as the Articles of Confederation, the
228 Declaration of Independence, and the Constitution of the United
229 States.
230 4. Three middle school or higher courses in science.
231 Successful completion of a high school level Biology I course is
232 not contingent upon the student’s performance on the end-of
233 course assessment required under s. 1008.22(3)(c)2.a.(II).
234 However, beginning with the 2012-2013 school year, to earn high
235 school credit for a Biology I course, a middle school student
236 must pass the Biology I end-of-course assessment.
237 5. One course in career and education planning to be
238 completed in 7th or 8th grade. The course may be taught by any
239 member of the instructional staff; must include career
240 exploration using Florida CHOICES or a comparable cost-effective
241 program; must include educational planning using the online
242 student advising system known as Florida Academic Counseling and
243 Tracking for Students at the Internet website FACTS.org; and
244 shall result in the completion of a personalized academic and
245 career plan. The required personalized academic and career plan
246 must inform students of high school graduation requirements,
247 high school assessment and college entrance test requirements,
248 Florida Bright Futures Scholarship Program requirements, state
249 university and Florida college admission requirements, and
250 programs through which a high school student can earn college
251 credit, including Advanced Placement, International
252 Baccalaureate, Advanced International Certificate of Education,
253 dual enrollment, career academy opportunities, and courses that
254 lead to national industry certification.
255
256 Each school must hold a parent meeting either in the evening or
257 on a weekend to inform parents about the course curriculum and
258 activities. Each student shall complete an electronic personal
259 education plan that must be signed by the student; the student’s
260 instructor, guidance counselor, or academic advisor; and the
261 student’s parent. The Department of Education shall develop
262 course frameworks and professional development materials for the
263 career exploration and education planning course. The course may
264 be implemented as a stand-alone course or integrated into
265 another course or courses. The Commissioner of Education shall
266 collect longitudinal high school course enrollment data by
267 student ethnicity in order to analyze course-taking patterns.
268 (b) For each year in which a student’s performance on a
269 diagnostic assessment or a subject area assessment in student
270 scores at Level l on FCAT reading does not meet grade-level
271 expectations, the student must be enrolled in and complete an
272 intensive reading course the following year. Placement of
273 students Level 2 readers in either an intensive reading course
274 or a content area course in which reading strategies are
275 delivered shall be determined by diagnosis of reading needs. The
276 department shall provide guidance on appropriate strategies for
277 diagnosing and meeting the varying instructional needs of
278 students reading below grade level. Reading courses shall be
279 designed and offered pursuant to the comprehensive reading plan
280 required by s. 1011.62(9).
281 (c) For each year in which a student’s performance on a
282 diagnostic assessment, a subject area assessment, or an end-of
283 course assessment in student scores at Level 1 or Level 2 on
284 FCAT mathematics does not meet grade-level expectations, the
285 student must receive remediation the following year, which may
286 be integrated into the student’s required mathematics course.
287 Section 5. Subsection (1), paragraph (b) of subsection (2),
288 paragraph (b) of subsection (4), and paragraph (b) of subsection
289 (8) of section 1003.428, Florida Statutes, are amended to read:
290 1003.428 General requirements for high school graduation;
291 revised.—
292 (1) Except as otherwise authorized pursuant to s. 1003.429,
293 beginning with students entering grade 9 in the 2007-2008 school
294 year, graduation requires the successful completion of a minimum
295 of 24 credits, an International Baccalaureate curriculum, or an
296 Advanced International Certificate of Education curriculum.
297 Students must be advised of the Advanced Placement courses,
298 International Baccalaureate courses, Advanced International
299 Certificate of Education courses, career academy courses that
300 lead to national industry certification, and dual enrollment
301 courses that are available, as well as the availability of
302 course offerings through the Florida Virtual School. Students
303 must also be advised of eligibility requirements for state
304 scholarship programs and postsecondary admissions.
305 (2) The 24 credits may be earned through applied,
306 integrated, and combined courses approved by the Department of
307 Education. The 24 credits shall be distributed as follows:
308 (b) Eight credits in electives.
309 1. For each year in which a student’s performance on a
310 diagnostic assessment or subject area assessment in student
311 scores at Level 1 on FCAT reading does not meet grade-level
312 expectations, the student must receive remediation and
313 intervention services as soon as feasible but no later than be
314 enrolled in and complete an intensive reading course the
315 following year. Placement of students Level 2 readers in either
316 a an intensive reading course or a content area course in which
317 reading strategies are delivered shall be determined by
318 diagnosis of reading needs. The department shall provide
319 guidance on appropriate strategies for diagnosing and meeting
320 the varying instructional needs of students reading below grade
321 level. Reading courses shall be designed and offered pursuant to
322 the comprehensive reading plan required by s. 1011.62(9).
323 2. For each year in which a student’s performance on a
324 diagnostic assessment, a subject area assessment, or an end-of
325 course assessment in student scores at Level 1 or Level 2 on
326 FCAT mathematics does not meet grade-level expectations, the
327 student must receive remediation and intervention services as
328 soon as feasible but no later than the following year.
329 Intervention These courses may be taught through applied,
330 integrated, or combined courses and are subject to approval by
331 the department for inclusion in the Course Code Directory.
332 (4) Each district school board shall establish standards
333 for graduation from its schools, which must include:
334 (b) Successful overall academic performance based on end
335 of-course assessments, grade point average, student portfolios,
336 and, if determined by the State Board of Education, other
337 measurable indicators of student progress. Earning passing
338 scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
339 a standardized test that are concordant with passing scores on
340 the FCAT as defined in s. 1008.22(10).
341
342 Each district school board shall adopt policies designed to
343 assist students in meeting the requirements of this subsection.
344 These policies may include, but are not limited to: forgiveness
345 policies, summer school or before or after school attendance,
346 special counseling, volunteers or peer tutors, school-sponsored
347 help sessions, homework hotlines, and study skills classes.
348 Forgiveness policies for required courses shall be limited to
349 replacing a grade of “D” or “F,” or the equivalent of a grade of
350 “D” or “F,” with a grade of “C” or higher, or the equivalent of
351 a grade of “C” or higher, earned subsequently in the same or
352 comparable course. Forgiveness policies for elective courses
353 shall be limited to replacing a grade of “D” or “F,” or the
354 equivalent of a grade of “D” or “F,” with a grade of “C” or
355 higher, or the equivalent of a grade of “C” or higher, earned
356 subsequently in another course. The only exception to these
357 forgiveness policies shall be made for a student in the middle
358 grades who takes any high school course for high school credit
359 and earns a grade of “C,” “D,” or “F” or the equivalent of a
360 grade of “C,” “D,” or “F.” In such case, the district
361 forgiveness policy must allow the replacement of the grade with
362 a grade of “C” or higher, or the equivalent of a grade of “C” or
363 higher, earned subsequently in the same or comparable course. In
364 all cases of grade forgiveness, only the new grade shall be used
365 in the calculation of the student’s grade point average. Any
366 course grade not replaced according to a district school board
367 forgiveness policy shall be included in the calculation of the
368 cumulative grade point average required for graduation.
369 (8)
370 (b)1. A student with a disability, as defined in s.
371 1007.02(2), for whom the individual education plan (IEP)
372 committee determines that the FCAT cannot accurately measure the
373 student’s abilities taking into consideration all allowable
374 accommodations, shall have the FCAT requirement of paragraph
375 (4)(b) waived for the purpose of receiving a standard high
376 school diploma, if the student:
377 a. Completes the minimum number of credits and other
378 requirements prescribed by subsections (1), (2), and (3).
379 b. Does not meet the requirements of paragraph (4)(b) after
380 one opportunity in 10th grade and one opportunity in 11th grade.
381 2. A student with a disability, as defined in s.
382 1007.02(2), for whom the IEP committee determines that an end
383 of-course assessment cannot accurately measure the student’s
384 abilities, taking into consideration all allowable
385 accommodations, shall have the end-of-course assessment results
386 that are used as a partial basis for determining successful
387 overall academic performance waived for the purpose of
388 determining the student’s course grade and credit as required in
389 paragraph (4)(a).
390 Section 6. Subsection (1), paragraph (a) of subsection (6),
391 and subsection (8) of section 1003.429, Florida Statutes, are
392 amended to read:
393 1003.429 Accelerated high school graduation options.—
394 (1) Students who enter grade 9 in the 2006-2007 school year
395 and thereafter may select, upon receipt of each consent required
396 by this section, one of the following three high school
397 graduation options:
398 (a) Completion of the general requirements for high school
399 graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
400 (b) Completion of a 3-year standard college preparatory
401 program requiring successful completion of a minimum of 18
402 academic credits in grades 9 through 12. At least 6 of the 18
403 credits required for completion of this program must be received
404 in classes that are offered pursuant to the International
405 Baccalaureate Program, the Advanced Placement Program, dual
406 enrollment, or the Advanced International Certificate of
407 Education Program, or specifically listed or identified by the
408 Department of Education as rigorous pursuant to s. 1009.531(3).
409 Students must be advised of the Advanced Placement courses,
410 International Baccalaureate courses, Advanced International
411 Certificate of Education courses, career academy courses that
412 lead to national industry certification, and dual enrollment
413 courses that are available, as well as the availability of
414 course offerings through the Florida Virtual School. The 18
415 credits required for completion of this program shall be primary
416 requirements and shall be distributed as follows:
417 1. Four credits in English, with major concentration in
418 composition and literature;
419 2. Three credits and, beginning with students entering
420 grade 9 in the 2010-2011 school year, four credits in
421 mathematics at the Algebra I level or higher from the list of
422 courses that qualify for state university admission. Beginning
423 with students entering grade 9 in the 2010-2011 school year, in
424 addition to the Algebra I credit requirement, one of the four
425 credits in mathematics must be geometry or a series of courses
426 equivalent to geometry as approved by the State Board of
427 Education. Beginning with students entering grade 9 in the 2010
428 2011 school year, the end-of-course assessment requirements
429 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
430 to earn the required credit in Algebra I. Beginning with
431 students entering grade 9 in the 2011-2012 school year, the end
432 of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
433 must be met in order for a student to earn the required credit
434 in geometry. Beginning with students entering grade 9 in the
435 2012-2013 school year, in addition to the Algebra I and geometry
436 credit requirements, one of the four credits in mathematics must
437 be Algebra II or a series of courses equivalent to Algebra II as
438 approved by the State Board of Education;
439 3. Three credits in science, two of which must have a
440 laboratory component. Beginning with students entering grade 9
441 in the 2011-2012 school year, one of the three credits in
442 science must be Biology I or a series of courses equivalent to
443 Biology I as approved by the State Board of Education. Beginning
444 with students entering grade 9 in the 2011-2012 school year, the
445 end-of-course assessment requirements under s.
446 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
447 the required credit in Biology I. Beginning with students
448 entering grade 9 in the 2013-2014 school year, one of the three
449 credits must be Biology I or a series of courses equivalent to
450 Biology I as approved by the State Board of Education, one
451 credit must be chemistry or physics or a series of courses
452 equivalent to chemistry or physics as approved by the State
453 Board of Education, and one credit must be an equally rigorous
454 course, as approved by the State Board of Education;
455 4. Three credits in social sciences, which must include one
456 credit in United States history, one credit in world history,
457 one-half credit in United States government, and one-half credit
458 in economics;
459 5. Two credits in the same second language unless the
460 student is a native speaker of or can otherwise demonstrate
461 competency in a language other than English. If the student
462 demonstrates competency in another language, the student may
463 replace the language requirement with two credits in other
464 academic courses; and
465 6. Three credits in electives and, beginning with students
466 entering grade 9 in the 2010-2011 school year, two credits in
467 electives; or
468 (c) Completion of a 3-year career preparatory program
469 requiring successful completion of a minimum of 18 academic
470 credits in grades 9 through 12. The 18 credits shall be primary
471 requirements and shall be distributed as follows:
472 1. Four credits in English, with major concentration in
473 composition and literature;
474 2. Three credits and, beginning with students entering
475 grade 9 in the 2010-2011 school year, four credits in
476 mathematics, one of which must be Algebra I. Beginning with
477 students entering grade 9 in the 2010-2011 school year, in
478 addition to the Algebra I credit requirement, one of the four
479 credits in mathematics must be geometry or a series of courses
480 equivalent to geometry as approved by the State Board of
481 Education. Beginning with students entering grade 9 in the 2010
482 2011 school year, the end-of-course assessment requirements
483 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
484 to earn the required credit in Algebra I. Beginning with
485 students entering grade 9 in the 2011-2012 school year, the end
486 of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
487 must be met in order for a student to earn the required credit
488 in geometry. Beginning with students entering grade 9 in the
489 2012-2013 school year, in addition to the Algebra I and geometry
490 credit requirements, one of the four credits in mathematics must
491 be Algebra II or a series of courses equivalent to Algebra II as
492 approved by the State Board of Education;
493 3. Three credits in science, two of which must have a
494 laboratory component. Beginning with students entering grade 9
495 in the 2011-2012 school year, one of the three credits in
496 science must be Biology I or a series of courses equivalent to
497 Biology I as approved by the State Board of Education. Beginning
498 with students entering grade 9 in the 2011-2012 school year, the
499 end-of-course assessment requirements under s.
500 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
501 the required credit in Biology I. Beginning with students
502 entering grade 9 in the 2013-2014 school year, one of the three
503 credits must be Biology I or a series of courses equivalent to
504 Biology I as approved by the State Board of Education, one
505 credit must be chemistry or physics or a series of courses
506 equivalent to chemistry or physics as approved by the State
507 Board of Education, and one credit must be an equally rigorous
508 course, as approved by the State Board of Education;
509 4. Three credits in social sciences, which must include one
510 credit in United States history, one credit in world history,
511 one-half credit in United States government, and one-half credit
512 in economics;
513 5. Three credits in a single vocational or career education
514 program, three credits in career and technical certificate dual
515 enrollment courses, or five credits in vocational or career
516 education courses; and
517 6. Two credits and, beginning with students entering grade
518 9 in the 2010-2011 school year, one credit in electives unless
519 five credits are earned pursuant to subparagraph 5.
520
521 Any student who selected an accelerated graduation program
522 before July 1, 2004, may continue that program, and all
523 statutory program requirements that were applicable when the
524 student made the program choice shall remain applicable to the
525 student as long as the student continues that program.
526 (6) Students pursuing accelerated 3-year high school
527 graduation options pursuant to paragraph (1)(b) or paragraph
528 (1)(c) are required to:
529 (a) Achieve successful overall academic performance based
530 on end-of-course assessments, grade point average, student
531 portfolios, and, if determined by the State Board of Education,
532 other measurable indicators of student progress. Earn passing
533 scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
534 standardized test that are concordant with passing scores on the
535 FCAT as defined in s. 1008.22(10).
536
537 Weighted grades referred to in paragraphs (b), (c), and (d)
538 shall be applied to those courses specifically listed or
539 identified by the department as rigorous pursuant to s.
540 1009.531(3) or weighted by the district school board for class
541 ranking purposes.
542 (8) A student who selected one of the accelerated 3-year
543 graduation options shall automatically move to the 4-year
544 program set forth in s. 1003.428 or s. 1003.43, if applicable,
545 if the student:
546 (a) Exercises his or her right to change to the 4-year
547 program;
548 (b) Fails to earn 5 credits by the end of grade 9 or fails
549 to earn 11 credits by the end of grade 10;
550 (c) Does not achieve a passing score of 3 or higher on an
551 end-of-course assessment in language arts the grade 10 FCAT
552 Writing assessment; or
553 (d) By the end of grade 11 does not meet the requirements
554 of subsections (1) and (6).
555 Section 7. Effective upon this act becoming a law, the
556 State Board of Education shall appoint a task force to develop
557 high school graduation standards for students who plan to enroll
558 in a trade school or postsecondary technical institution after
559 high school. In addition, the task force shall consider ways to
560 allow school districts to provide unique curriculum offerings
561 for specific career opportunities and needs that are present in
562 a school district’s area. The task force shall be comprised of
563 no less than 15 members representing, but not limited to,
564 academic experts in workforce education, high school principals,
565 teachers, and industry experts and shall be chaired by the
566 Chancellor for Career and Adult Education. The task force shall
567 prepare a report with recommendations for high school graduation
568 standards for career-track students and ways to incorporate
569 unique career curriculum offerings into a school district’s
570 curriculum to be submitted by January 1, 2012, to the President
571 of the Senate, the Speaker of the House of Representative, and
572 the Governor.
573 Section 8. Subsections (1), (2), and (3) of section
574 1003.433, Florida Statutes, are amended to read:
575 1003.433 Learning opportunities for out-of-state and out
576 of-country transfer students and students needing additional
577 instruction to meet high school graduation requirements.—
578 (1) Students who enter a Florida public school at the
579 eleventh or twelfth grade from out of state or from a foreign
580 country shall not be required to spend additional time in a
581 Florida public school in order to meet the high school course
582 requirements if the student has met all requirements of the
583 school district, state, or country from which he or she is
584 transferring. Such students who are not proficient in English
585 should receive immediate and intensive instruction in English
586 language acquisition. However, to receive a standard high school
587 diploma, a transfer student must achieve successful overall
588 academic performance based on end-of-course assessments, earn a
589 2.0 or higher grade point average, student portfolios, and, if
590 determined by the State Board of Education, other measurable
591 indicators of student progress and pass the grade 10 FCAT
592 required in s. 1008.22(3) or an alternate assessment as
593 described in s. 1008.22(10).
594 (2) Students who do not meet have met all requirements for
595 the standard high school diploma except for passage of the grade
596 10 FCAT or an alternate assessment by the end of grade 12 must
597 be provided the following learning opportunities:
598 (a) Participation in an accelerated high school equivalency
599 diploma preparation program during the summer.
600 (b) Upon receipt of a certificate of completion, be allowed
601 to take the College Placement Test and be admitted to remedial
602 or credit courses at a state community college, as appropriate.
603 (c) Participation in an adult general education program as
604 provided in s. 1004.93 for such time as the student requires to
605 master English, reading, mathematics, or any other subject
606 required for high school graduation. Students attending adult
607 basic, adult secondary, or vocational-preparatory instruction
608 are exempt from any requirement for the payment of tuition and
609 fees, including lab fees, pursuant to s. 1009.25. A student
610 attending an adult general education program shall have the
611 opportunity to take the grade 10 FCAT an unlimited number of
612 times in order to receive a standard high school diploma.
613 (3) Students who have been enrolled in an ESOL program for
614 less than 2 school years and have not met all requirements for
615 the standard high school diploma except for passage of the grade
616 10 FCAT or alternate assessment may receive immersion English
617 language instruction during the summer following their senior
618 year. Students receiving such instruction are eligible to take
619 the FCAT or alternate assessment and receive a standard high
620 school diploma upon achievement of successful overall academic
621 performance pursuant to subsection (1) passage of the grade 10
622 FCAT or the alternate assessment. This subsection shall be
623 implemented to the extent funding is provided in the General
624 Appropriations Act.
625 Section 9. Paragraph (a) of subsection (1), paragraphs (c)
626 and (g) of subsection (3), paragraphs (b) and (c) of subsection
627 (4), paragraph (a) of subsection (7), paragraphs (b) and (c) of
628 subsection (9), and subsections (10) through (13) of section
629 1008.22, Florida Statutes, are amended to read:
630 1008.22 Student assessment program for public schools.—
631 (1) PURPOSE.—The primary purposes of the student assessment
632 program are to provide information needed to improve the public
633 schools by enhancing the learning gains of all students and to
634 inform parents of the educational progress of their public
635 school children. The program must be designed to:
636 (a) Assess the annual learning gains of each student toward
637 achieving the Next Generation Sunshine State Standards
638 appropriate for the student’s grade level.
639 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
640 design and implement a statewide program of educational
641 assessment that provides information for the improvement of the
642 operation and management of the public schools, including
643 schools operating for the purpose of providing educational
644 services to youth in Department of Juvenile Justice programs.
645 The commissioner may enter into contracts for the continued
646 administration of the assessment, testing, and evaluation
647 programs authorized and funded by the Legislature. Contracts may
648 be initiated in 1 fiscal year and continue into the next and may
649 be paid from the appropriations of either or both fiscal years.
650 The commissioner is authorized to negotiate for the sale or
651 lease of tests, scoring protocols, test scoring services, and
652 related materials developed pursuant to law. Pursuant to the
653 statewide assessment program, the commissioner shall:
654 (c) Develop and implement a student achievement testing
655 program as follows:
656 1. Subject area assessments for students in grades 3
657 through 5, subject area assessments and end-of-course
658 assessments for students in grades 6 through 12, and diagnostic
659 assessments for students in grades 6, 8, and 10 shall measure
660 The Florida Comprehensive Assessment Test (FCAT) measures a
661 student’s content knowledge and skills in language arts reading,
662 writing, science, and mathematics, and other core and noncore
663 subject areas as determined by the State Board of Education. The
664 content knowledge and skills assessed by the FCAT must be
665 aligned to the core curricular content established in the Next
666 Generation Sunshine State Standards. Other content areas may be
667 included as directed by the commissioner. Comprehensive
668 assessments of reading and mathematics shall be administered
669 annually in grades 3 through 10 except, beginning with the 2010
670 2011 school year, the administration of grade 9 FCAT Mathematics
671 shall be discontinued, and beginning with the 2011-2012 school
672 year, the administration of grade 10 FCAT Mathematics shall be
673 discontinued, except as required for students who have not
674 attained minimum performance expectations for graduation as
675 provided in paragraph (9)(c). FCAT Writing and FCAT Science
676 shall be administered at least once at the elementary, middle,
677 and high school levels except, beginning with the 2011-2012
678 school year, the administration of FCAT Science at the high
679 school level shall be discontinued.
680 2.a. End-of-course assessments for a subject shall be
681 administered in addition to the comprehensive assessments
682 required under subparagraph 1. End-of-course assessments must be
683 rigorous, statewide, standardized, and developed or approved by
684 the department. The content knowledge and skills assessed by
685 end-of-course assessments must be aligned to the core curricular
686 content established in the Next Generation Sunshine State
687 Standards.
688 (I) Statewide, standardized end-of-course assessments in
689 mathematics shall be administered according to this sub-sub
690 subparagraph. Beginning with the 2010-2011 school year, all
691 students enrolled in Algebra I or an equivalent course must take
692 the Algebra I end-of-course assessment. Students who earned high
693 school credit in Algebra I while in grades 6 through 8 during
694 the 2007-2008 through 2009-2010 school years and who have not
695 taken Grade 10 FCAT Mathematics must take the Algebra I end-of
696 course assessment during the 2010-2011 school year. For students
697 entering grade 9 during the 2010-2011 school year and who are
698 enrolled in Algebra I or an equivalent, Each student’s
699 performance on the end-of-course assessment in Algebra I shall
700 constitute 20 30 percent of the student’s final course grade.
701 Beginning with students entering grade 9 in the 2011-2012 school
702 year, a student who is enrolled in Algebra I or an equivalent
703 must earn a passing score on the end-of-course assessment in
704 Algebra I or attain an equivalent score as described in
705 subsection (11) in order to earn course credit. Beginning with
706 the 2011-2012 school year, all students enrolled in geometry or
707 an equivalent course must take the geometry end-of-course
708 assessment. For students entering grade 9 during the 2011-2012
709 school year, Each student’s performance on the end-of-course
710 assessment in geometry shall constitute 20 30 percent of the
711 student’s final course grade. Beginning with students entering
712 grade 9 during the 2012-2013 school year, a student must earn a
713 passing score on the end-of-course assessment in geometry or
714 attain an equivalent score as described in subsection (11) in
715 order to earn course credit.
716 (II) Statewide, standardized end-of-course assessments in
717 science shall be administered according to this sub-sub
718 subparagraph. Beginning with the 2011-2012 school year, all
719 students enrolled in Biology I or an equivalent course must take
720 the Biology I end-of-course assessment. For the 2011-2012 school
721 year, Each student’s performance on the end-of-course assessment
722 in Biology I shall constitute 20 30 percent of the student’s
723 final course grade. Beginning with students entering grade 9
724 during the 2012-2013 school year, a student must earn a passing
725 score on the end-of-course assessment in Biology I in order to
726 earn course credit.
727 b. During the 2012-2013 school year, an end-of-course
728 assessment in civics education shall be administered as a field
729 test at the middle school level. During the 2013-2014 school
730 year, each student’s performance on the statewide, standardized
731 end-of-course assessment in civics education shall constitute 20
732 30 percent of the student’s final course grade. Beginning with
733 the 2014-2015 school year, a student must earn a passing score
734 on the end-of-course assessment in civics education in order to
735 pass the course and receive course credit.
736 c. The commissioner may select one or more nationally
737 developed comprehensive examinations, which may include, but
738 need not be limited to, examinations for a College Board
739 Advanced Placement course, International Baccalaureate course,
740 or Advanced International Certificate of Education course, or
741 industry-approved examinations to earn national industry
742 certifications identified in the Industry Certification Funding
743 List, pursuant to rules adopted by the State Board of Education,
744 for use as end-of-course assessments under this paragraph, if
745 the commissioner determines that the content knowledge and
746 skills assessed by the examinations meet or exceed the grade
747 level expectations for the core curricular content established
748 for the course in the Next Generation Sunshine State Standards.
749 The commissioner may collaborate with the American Diploma
750 Project in the adoption or development of rigorous end-of-course
751 assessments that are aligned to the Next Generation Sunshine
752 State Standards.
753 d. Contingent upon funding provided in the General
754 Appropriations Act, including the appropriation of funds
755 received through federal grants, the Commissioner of Education
756 shall establish an implementation schedule for the development
757 and administration of additional statewide, standardized end-of
758 course assessments in English/Language Arts II, Algebra II,
759 chemistry, physics, earth/space science, United States history,
760 and world history. Priority shall be given to the development of
761 end-of-course assessments in English/Language Arts II. The
762 Commissioner of Education shall evaluate the feasibility and
763 effect of transitioning from the grade 9 and grade 10 FCAT
764 Reading and high school level FCAT Writing to an end-of-course
765 assessment in English/Language Arts II. The commissioner shall
766 report the results of the evaluation to the President of the
767 Senate and the Speaker of the House of Representatives no later
768 than July 1, 2011.
769 3. The testing program shall measure student content
770 knowledge and skills adopted by the State Board of Education as
771 specified in paragraph (a) and measure and report student
772 performance levels of all students assessed in reading, writing,
773 mathematics, and science. The commissioner shall provide for the
774 tests to be developed or obtained, as appropriate, through
775 contracts and project agreements with private vendors, public
776 vendors, public agencies, postsecondary educational
777 institutions, or school districts. The commissioner shall obtain
778 input with respect to the design and implementation of the
779 testing program from education stakeholders and experts, state
780 educators, assistive technology experts, and the public.
781 4.a. The testing program shall be composed of criterion
782 referenced tests that shall, to the extent determined by the
783 commissioner, include test items that require the student to
784 produce information or perform tasks in such a way that the core
785 content knowledge and skills he or she uses can be measured.
786 b. The State Board of Education shall develop diagnostic
787 assessments for students in grades 6, 8, and 10 in language
788 arts, mathematics, and science content knowledge and skills to
789 be used to keep students on track to graduate from high school.
790 The diagnostic assessments shall be administered during the
791 first month of the school year and shall be designed to identify
792 specific academic weaknesses in individual students and to
793 provide specific diagnostic information to help focus
794 instruction most effectively to meet the needs of individual
795 students. A school district that demonstrates success by keeping
796 85 percent or more of its students on track to graduate is
797 eligible for an exemption from the diagnostic assessment
798 requirements if the State Board of Education determines that the
799 district has sufficient local assessments to maintain success. A
800 district that meets the exemption criteria of this sub
801 subparagraph shall receive an amount of discretionary funds from
802 the state equal to the amount that would be required to carry
803 out the diagnostic assessments.
804 c. To ensure that students are progressing and meeting
805 international benchmarks, the testing program may include use of
806 international assessments, including the Program for
807 International Student Assessment and the Trends in International
808 Mathematics and Science Study, as diagnostic tools.
809 5. FCAT Reading, Mathematics, and Science and All
810 statewide, standardized end-of-course assessments shall measure
811 the content knowledge and skills a student has attained on the
812 assessment by the use of scaled scores and achievement levels.
813 Achievement levels shall range from 1 through 5, with level 1
814 being the lowest achievement level, level 5 being the highest
815 achievement level, and level 3 indicating satisfactory
816 performance on an assessment. For purposes of FCAT Writing,
817 student achievement shall be scored using a scale of 1 through 6
818 and the score earned shall be used in calculating school grades.
819 A score shall be designated for each subject area tested, below
820 which score a student’s performance is deemed inadequate. The
821 school districts shall provide appropriate remedial instruction
822 and intervention services to students who score below these
823 levels.
824 6. The State Board of Education shall, by rule, designate a
825 passing score for each part of the grade 10 assessment test and
826 end-of-course assessments. Any rule that has the effect of
827 raising the required passing scores may apply only to students
828 taking the assessment for the first time after the rule is
829 adopted by the State Board of Education. Except as otherwise
830 provided in this subparagraph and as provided in s.
831 1003.428(8)(b) or s. 1003.43(11)(b), students must achieve
832 successful overall academic performance based partially on end
833 of-course assessments earn a passing score on grade 10 FCAT
834 Reading and grade 10 FCAT Mathematics or attain equivalent
835 concordant scores as described in subsection (10) in order to
836 qualify for a standard high school diploma.
837 7. In addition to designating a passing score under
838 subparagraph 6., the State Board of Education shall also
839 designate, by rule, a score for each statewide, standardized
840 end-of-course assessment which indicates that a student is high
841 achieving and has the potential to meet college-readiness
842 standards by the time the student graduates from high school.
843 8. Participation in the testing program is mandatory for
844 all students attending public school, including students served
845 in Department of Juvenile Justice programs, except as otherwise
846 prescribed by the commissioner. A student who has not earned
847 passing scores on the grade 10 FCAT as provided in subparagraph
848 6. must participate in each retake of the assessment until the
849 student earns passing scores or achieves scores on a
850 standardized assessment which are concordant with passing scores
851 pursuant to subsection (10). If a student does not participate
852 in the statewide assessment, the district must notify the
853 student’s parent and provide the parent with information
854 regarding the implications of such nonparticipation. A parent
855 must provide signed consent for a student to receive classroom
856 instructional accommodations that would not be available or
857 permitted on the statewide assessments and must acknowledge in
858 writing that he or she understands the implications of such
859 instructional accommodations. The State Board of Education shall
860 adopt rules, based upon recommendations of the commissioner, for
861 the provision of test accommodations for students in exceptional
862 education programs and for students who have limited English
863 proficiency. Accommodations that negate the validity of a
864 statewide assessment are not allowable in the administration of
865 a subject area assessment the FCAT or an end-of-course
866 assessment. However, instructional accommodations are allowable
867 in the classroom if included in a student’s individual education
868 plan. Students using instructional accommodations in the
869 classroom that are not allowable as accommodations on the FCAT
870 or an end-of-course assessment may have the FCAT or an end-of
871 course assessment requirement waived pursuant to the
872 requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
873 9. A student seeking an adult high school diploma must meet
874 the same testing requirements that a regular high school student
875 must meet.
876 10. District school boards must provide instruction to
877 prepare students in the core curricular content established in
878 the Next Generation Sunshine State Standards adopted under s.
879 1003.41, including the core content knowledge and skills
880 necessary for successful grade-to-grade progression and high
881 school graduation. If a student is provided with instructional
882 accommodations in the classroom that are not allowable as
883 accommodations in the statewide assessment program, as described
884 in the test manuals, the district must inform the parent in
885 writing and must provide the parent with information regarding
886 the impact on the student’s ability to meet expected performance
887 levels in reading, writing, mathematics, and science. The
888 commissioner shall conduct studies as necessary to verify that
889 the required core curricular content is part of the district
890 instructional programs.
891 11. District school boards must provide opportunities for
892 students to demonstrate an acceptable performance level on an
893 alternative standardized subject area assessment or an end-of
894 course assessment approved by the State Board of Education
895 following enrollment in summer academies.
896 12. The Department of Education must develop, or select,
897 and implement a common battery of assessment tools that will be
898 used in all juvenile justice programs in the state. These tools
899 must accurately measure the core curricular content established
900 in the Next Generation Sunshine State Standards.
901 13. For students seeking a special diploma pursuant to s.
902 1003.438, the Department of Education must develop or select and
903 implement an alternate assessment tool that accurately measures
904 the core curricular content established in the Next Generation
905 Sunshine State Standards for students with disabilities under s.
906 1003.438.
907 14. The Commissioner of Education shall establish schedules
908 for the administration of statewide assessments and the
909 reporting of student test results. When establishing the
910 schedules for the administration of statewide assessments, the
911 commissioner shall consider the observance of religious and
912 school holidays. The commissioner shall, by August 1 of each
913 year, notify each school district in writing and publish on the
914 department’s Internet website the testing and reporting
915 schedules for, at a minimum, the school year following the
916 upcoming school year. The testing and reporting schedules shall
917 require that:
918 a. There is the latest possible administration of statewide
919 assessments and the earliest possible reporting to the school
920 districts of student test results which is feasible within
921 available technology and specific appropriations; however, test
922 results for the FCAT must be made available no later than the
923 week of June 8. Student results for end-of-course assessments
924 must be provided no later than 1 week after the school district
925 completes testing for each course.
926 b. Beginning with the 2010-2011 school year, a statewide
927 comprehensive assessment in FCAT writing is not administered
928 earlier than the week of March 1 and a comprehensive statewide
929 assessment of any other subject is not administered earlier than
930 the week of April 15.
931 c. A statewide, standardized end-of-course assessment is
932 administered during a 3-week period at the end of the course.
933 The commissioner shall select a 3-week administration period for
934 assessments that meets the intent of end-of-course assessments
935 and provides student results prior to the end of the course.
936 School districts shall select 1 testing week within the 3-week
937 administration period for each end-of-course assessment. For an
938 end-of-course assessment administered at the end of the first
939 semester, the commissioner shall determine the most appropriate
940 testing dates based on a school district’s academic calendar.
941
942 The commissioner may, based on collaboration and input from
943 school districts, design and implement student testing programs,
944 for any grade level and subject area, necessary to effectively
945 monitor educational achievement in the state, including the
946 measurement of educational achievement of the Next Generation
947 Sunshine State Standards for students with disabilities.
948 Development and refinement of assessments shall include
949 universal design principles and accessibility standards that
950 will prevent any unintended obstacles for students with
951 disabilities while ensuring the validity and reliability of the
952 test. These principles should be applicable to all technology
953 platforms and assistive devices available for the assessments.
954 The field testing process and psychometric analyses for the
955 statewide assessment program must include an appropriate
956 percentage of students with disabilities and an evaluation or
957 determination of the effect of test items on such students.
958 (g) Conduct ongoing analysis of the Study the cost and
959 student achievement impact of secondary end-of-course
960 assessments, including web-based and performance formats, and
961 report such information to the Legislature prior to
962 implementation.
963 (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
964 ACTIVITIES.—Beginning with the 2008-2009 school year, a district
965 school board shall prohibit each public school from suspending a
966 regular program of curricula for purposes of administering
967 practice tests or engaging in other test-preparation activities
968 for a statewide assessment. However, a district school board may
969 authorize a public school to engage in the following test
970 preparation activities for a statewide assessment:
971 (b) Providing individualized instruction in test-taking
972 strategies, without suspending the school’s regular program of
973 curricula, for a student who is identified through performance
974 on a subject area assessment or an end-of-course assessment as
975 having a deficiency in test-taking skills scores at Level 1 or
976 Level 2 on a prior administration of the statewide assessment.
977 (c) Providing individualized instruction in the content
978 knowledge and skills assessed, without suspending the school’s
979 regular program of curricula, for a student who scores at Level
980 1 or Level 2 on a prior administration of the statewide
981 assessment or a student who, through a diagnostic assessment
982 administered by the school district, is identified as having a
983 deficiency in the content knowledge and skills assessed.
984 (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
985 minimum, for the following analyses of data produced by the
986 student achievement testing program:
987 (a) The statistical system for the annual assessments shall
988 use measures of student learning, such as subject area
989 assessments and end-of-course assessments the FCAT, to determine
990 teacher, school, and school district statistical distributions,
991 which shall be determined using available data from the
992 assessments FCAT, and other data collection as deemed
993 appropriate by the Department of Education, to measure the
994 differences in student prior year achievement compared to the
995 current year achievement for the purposes of accountability and
996 recognition.
997 (9) APPLICABILITY OF TESTING STANDARDS.—
998 (b) A student must attain the passing scores on the
999 statewide assessment required for a standard high school diploma
1000 or for high school course credits under sub-sub-subparagraphs
1001 (3)(c)2.a.(I) and (II) which are in effect at the time the
1002 student enters grade 9. If a student transfers into a high
1003 school, the school principal shall determine, in accordance with
1004 State Board of Education rule, whether the student must take an
1005 end-of-course assessment in a course for which the student has
1006 credit that was earned from the previous school.
1007 (c) If the commissioner revises a statewide assessment and
1008 the revisions require the State Board of Education to modify the
1009 passing scores required for a standard high school diploma or
1010 for high school course credits under sub-sub-subparagraphs
1011 (3)(c)2.a.(I) and (II), the commissioner may, with approval of
1012 the state board, discontinue administration of the former
1013 assessment upon the graduation, based on normal student
1014 progression, of students participating in the final regular
1015 administration of the former assessment. The state board shall
1016 adopt by rule passing scores for the revised assessment which
1017 are statistically equivalent to passing scores on the
1018 discontinued assessment for a student required under paragraph
1019 (b) to attain passing scores on the discontinued assessment.
1020 (10) CONCORDANT SCORES FOR THE FCAT.—
1021 (a) The Commissioner of Education shall analyze the content
1022 and concordant data sets for nationally recognized high school
1023 achievement tests, including, but not limited to, the PSAT,
1024 PLAN, SAT, ACT, and College Placement Test, to assess if
1025 concordant scores for FCAT scores can be determined for high
1026 school graduation. When content alignment and concordant scores
1027 can be determined, the Commissioner of Education shall adopt
1028 those scores as meeting the graduation requirement in lieu of
1029 achieving the FCAT passing score and may adopt those scores as
1030 being sufficient to achieve additional purposes as determined by
1031 rule. Each time that test content or scoring procedures change
1032 for the FCAT or for a high school achievement test for which a
1033 concordant score is determined, new concordant scores must be
1034 determined.
1035 (b) The State Board of Education may define by rule the
1036 allowable uses, other than to satisfy the high school graduation
1037 requirement, for concordant scores as described in this
1038 subsection. Such uses may include, but need not be limited to,
1039 achieving appropriate standardized test scores required for the
1040 awarding of Florida Bright Futures Scholarships and college
1041 placement.
1042 (10)(11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
1043 (a) The Commissioner of Education shall analyze the content
1044 and equivalent data sets for nationally recognized high school
1045 achievement tests and industry certification tests under the
1046 Industry Certification Funding List, pursuant to rules adopted
1047 by the State Board of Education, including, but not limited to,
1048 grade 10 FCAT Mathematics retakes until such retakes are
1049 discontinued pursuant to subsection (9), the PSAT, the PLAN, the
1050 SAT, the ACT, and the College Placement Test, to assess if
1051 equivalent scores for end-of-course assessment scores can be
1052 determined for passage of an end-of-course assessment. When
1053 content alignment and equivalent scores can be determined, the
1054 Commissioner of Education shall adopt those scores as meeting
1055 the requirement to pass the end-of-course assessment and as
1056 being sufficient to achieve additional purposes as determined by
1057 rule. Each time that assessment content or scoring procedures
1058 change for an end-of-course assessment or for a high school
1059 achievement test or an industry certification test under the
1060 Industry Certification Funding List, pursuant to rules adopted
1061 by the State Board of Education for which an equivalent score is
1062 determined, new equivalent scores must be determined.
1063 (b) Use of an equivalent score adopted by the State Board
1064 of Education under paragraph (a) for purposes of grade
1065 adjustment, grade forgiveness, or course credit recovery is
1066 contingent upon and subject to district school board rules.
1067 (11)(12) REPORTS.—The Department of Education shall
1068 annually provide a report to the Governor, the President of the
1069 Senate, and the Speaker of the House of Representatives on the
1070 following:
1071 (a) Longitudinal performance of students in mathematics and
1072 reading.
1073 (b) Longitudinal performance of students by grade level in
1074 mathematics and reading.
1075 (c) Longitudinal performance regarding efforts to close the
1076 achievement gap.
1077 (d) Other student performance data based on national norm
1078 referenced and criterion-referenced tests, when available, and
1079 numbers of students who after 8th grade enroll in adult
1080 education rather than other secondary education.
1081 (12)(13) RULES.—The State Board of Education shall adopt
1082 rules pursuant to ss. 120.536(1) and 120.54 to implement the
1083 provisions of this section.
1084 Section 10. Subsection (1), paragraph (b) of subsection
1085 (2), subsections (3) and (4), paragraphs (b) and (c) of
1086 subsection (5), paragraphs (b) and (c) of subsection (6),
1087 paragraph (b) of subsection (7), and paragraphs (a) and (b) of
1088 subsection (8) of section 1008.25, Florida Statutes, are amended
1089 to read:
1090 1008.25 Public school student progression; remedial
1091 instruction; reporting requirements.—
1092 (1) INTENT.—It is the intent of the Legislature that each
1093 student’s progression from one grade to another be determined,
1094 in part, upon proficiency in language arts reading, writing,
1095 science, and mathematics; that district school board policies
1096 facilitate such proficiency; and that each student and his or
1097 her parent be informed of that student’s academic progress.
1098 (2) COMPREHENSIVE PROGRAM.—Each district school board shall
1099 establish a comprehensive program for student progression which
1100 must include:
1101 (b) Specific levels of performance in language arts
1102 reading, writing, science, and mathematics for each grade level,
1103 including the levels of performance on statewide assessments as
1104 defined by the commissioner, below which a student must receive
1105 remediation or intervention services, or be retained within an
1106 intensive program that is different from the previous year’s
1107 program and that takes into account the student’s learning
1108 style.
1109 (3) ALLOCATION OF RESOURCES.—District school boards shall
1110 allocate remedial and supplemental instruction and intervention
1111 resources to students in the following priority:
1112 (a) Students who are deficient in reading by the end of
1113 grade 3.
1114 (b) Students who fail to meet performance levels required
1115 for promotion consistent with the district school board’s plan
1116 for student progression required in paragraph (2)(b).
1117 (4) ASSESSMENT AND REMEDIATION.—
1118 (a) Each student must participate in the statewide
1119 assessment program tests required by s. 1008.22. Each student
1120 who does not meet specific levels of performance as determined
1121 by the district school board in language arts FCAT reading,
1122 writing, science, and mathematics for each grade level, or who
1123 scores below Level 3 in FCAT reading or FCAT mathematics, must
1124 be provided with additional diagnostic assessments to determine
1125 the nature of the student’s difficulty, the areas of academic
1126 need, and strategies for appropriate intervention and
1127 instruction as described in paragraph (b).
1128 (b) The school in which the student is enrolled must
1129 develop, in consultation with the student’s parent, and must
1130 implement a progress monitoring plan. A progress monitoring plan
1131 is intended to provide the school district and the school
1132 flexibility in meeting the academic needs of the student and to
1133 reduce paperwork. A student who is not meeting the school
1134 district or state requirements for proficiency in reading and
1135 math shall be covered by one of the following plans to target
1136 instruction and identify ways to improve his or her academic
1137 achievement:
1138 1. A federally required student plan such as an individual
1139 education plan;
1140 2. A schoolwide system of progress monitoring for all
1141 students; or
1142 3. An individualized progress monitoring plan.
1143
1144 The plan chosen must be designed to assist the student or the
1145 school in meeting state and district expectations for
1146 proficiency. If the student has been identified as having a
1147 deficiency in reading, the K-12 comprehensive reading plan
1148 required by s. 1011.62(9) shall include instructional and
1149 support services to be provided to meet the desired levels of
1150 performance. District school boards may require low-performing
1151 students to attend remediation or intervention programs held
1152 before or after regular school hours or during the summer if
1153 transportation is provided.
1154 (c) Upon subsequent evaluation, if the documented
1155 deficiency has not been remediated, the student may be retained.
1156 Each student who does not meet the minimum performance
1157 expectations defined by the Commissioner of Education for the
1158 statewide assessment tests in language arts reading, writing,
1159 science, and mathematics must continue to be provided with
1160 remedial or supplemental instruction or intervention services
1161 until the expectations are met or the student graduates from
1162 high school or is not subject to compulsory school attendance.
1163 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1164 (b) Beginning with the 2002-2003 school year, If the
1165 student’s reading deficiency, as identified in paragraph (a), is
1166 not remedied by the end of grade 3, as demonstrated by scoring
1167 at Level 2 or higher on the statewide subject area assessment
1168 test in reading for grade 3, the student may must be retained at
1169 the discretion of the principal after consultation with the
1170 student’s teacher and parent.
1171 (c) The parent of any student who exhibits a substantial
1172 deficiency in reading, as described in paragraph (a), must be
1173 notified in writing of the following:
1174 1. That his or her child has been identified as having a
1175 substantial deficiency in reading.
1176 2. A description of the current services that are provided
1177 to the child.
1178 3. A description of the proposed supplemental instructional
1179 services and supports that will be provided to the child that
1180 are designed to remediate the identified area of reading
1181 deficiency.
1182 4. That if the child’s reading deficiency is not remediated
1183 by the end of grade 3, the child may must be retained unless he
1184 or she is exempt from mandatory retention for good cause.
1185 5. Strategies for parents to use in helping their child
1186 succeed in reading proficiency.
1187 6. That the statewide subject area assessment Florida
1188 Comprehensive Assessment Test (FCAT) is not the sole determiner
1189 of promotion and that additional evaluations, portfolio reviews,
1190 and assessments are available to the child to assist parents and
1191 the school district in knowing when a child is reading at or
1192 above grade level and ready for grade promotion.
1193 7. The district’s specific criteria and policies for
1194 midyear promotion. Midyear promotion means promotion of a
1195 retained student at any time during the year of retention once
1196 the student has demonstrated ability to read at grade level.
1197 (6) ELIMINATION OF SOCIAL PROMOTION.—
1198 (b) The district school board may promote students only
1199 exempt students from mandatory retention, as provided in
1200 paragraph (5)(b), for good cause. Students promoted for good
1201 cause may include, but are not limited to, exemptions shall be
1202 limited to the following:
1203 1. Limited English proficient students who have had less
1204 than 2 years of instruction in an English for Speakers of Other
1205 Languages program.
1206 2. Students with disabilities whose individual education
1207 plan indicates that participation in the statewide assessment
1208 program is not appropriate, consistent with the requirements of
1209 State Board of Education rule.
1210 3. Students who demonstrate an acceptable level of
1211 performance on an alternative standardized reading assessment
1212 approved by the State Board of Education.
1213 4. Students who demonstrate, through a student portfolio,
1214 that the student is reading on grade level as evidenced by
1215 demonstration of mastery of the Next Generation Sunshine State
1216 Standards in reading equal to at least a Level 2 performance on
1217 the FCAT.
1218 5. Students with disabilities who participate in the FCAT
1219 and who have an individual education plan or a Section 504 plan
1220 that reflects that the student has received intensive
1221 remediation or intervention services in reading for more than 2
1222 years but still demonstrates a deficiency in reading and was
1223 previously retained in kindergarten, grade 1, grade 2, or grade
1224 3.
1225 6. Students who have received intensive remediation or
1226 intervention services in reading for 2 or more years but still
1227 demonstrate a deficiency in reading and who were previously
1228 retained in kindergarten, grade 1, grade 2, or grade 3 for a
1229 total of 2 years. Intensive reading instruction or intervention
1230 services for students so promoted must include an altered
1231 instructional day that includes specialized diagnostic
1232 information and specific reading strategies for each student.
1233 The district school board shall assist schools and teachers to
1234 implement reading strategies that research has shown to be
1235 successful in improving reading among low-performing readers.
1236 (c) Promotions for good cause Requests for good cause
1237 exemptions for students from the mandatory retention requirement
1238 as described in subparagraphs (b)3. and 4. shall be made
1239 consistent with the following:
1240 1. Documentation shall be submitted from the student’s
1241 teacher to the school principal that indicates that the
1242 promotion of the student is appropriate and is based upon the
1243 student’s academic record. In order to minimize paperwork
1244 requirements, such documentation shall consist only of the
1245 existing progress monitoring plan, individual educational plan,
1246 if applicable, report card, or student portfolio.
1247 2. The school principal shall review and discuss such
1248 recommendation with the teacher and make the determination as to
1249 whether the student should be promoted or retained. If the
1250 school principal determines that the student should be promoted,
1251 the school principal shall make such recommendation in writing
1252 to the district school superintendent. The district school
1253 superintendent shall accept or reject the school principal’s
1254 recommendation in writing.
1255 (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
1256 (b) Beginning with the 2004-2005 school year, Each school
1257 district shall:
1258 1. Conduct a review of student progress monitoring plans
1259 for all students who did not score above Level 1 on the reading
1260 portion of the FCAT and did not meet the criteria for a one of
1261 the good cause promotion exemptions in paragraph (6)(b). The
1262 review shall address additional supports and services, as
1263 described in this subsection, needed to remediate the identified
1264 areas of reading deficiency. The school district shall require a
1265 student portfolio to be completed for each such student.
1266 2. Provide students who are retained under the provisions
1267 of paragraph (5)(b) with intensive instructional services and
1268 supports to remediate the identified areas of reading
1269 deficiency, including a minimum of 90 minutes of daily,
1270 uninterrupted, scientifically research-based reading instruction
1271 and other strategies prescribed by the school district, which
1272 may include, but are not limited to:
1273 a. Small group instruction.
1274 b. Reduced teacher-student ratios.
1275 c. More frequent progress monitoring.
1276 d. Tutoring or mentoring.
1277 e. Transition classes containing 3rd and 4th grade
1278 students.
1279 f. Extended school day, week, or year.
1280 g. Summer reading camps.
1281 3. Provide written notification to the parent of any
1282 student who is retained under the provisions of paragraph (5)(b)
1283 that his or her child has not met the proficiency level required
1284 for promotion and the reasons the child is not eligible for a
1285 good cause promotion exemption as provided in paragraph (6)(b).
1286 The notification must comply with the provisions of s.
1287 1002.20(15) and must include a description of proposed
1288 interventions and supports that will be provided to the child to
1289 remediate the identified areas of reading deficiency.
1290 4. Implement a policy for the midyear promotion of any
1291 student retained under the provisions of paragraph (5)(b) who
1292 can demonstrate that he or she is a successful and independent
1293 reader, reading at or above grade level, and ready to be
1294 promoted to grade 4. Tools that school districts may use in
1295 reevaluating any student retained may include subsequent
1296 assessments, alternative assessments, and portfolio reviews, in
1297 accordance with rules of the State Board of Education. Students
1298 promoted during the school year after November 1 must
1299 demonstrate proficiency above that required to score at Level 2
1300 on the grade 3 FCAT, as determined by the State Board of
1301 Education. The State Board of Education shall adopt standards
1302 that provide a reasonable expectation that the student’s
1303 progress is sufficient to master appropriate 4th grade level
1304 reading skills.
1305 5. Provide students who are retained under the provisions
1306 of paragraph (5)(b) with a high-performing teacher as determined
1307 by student performance data and above-satisfactory performance
1308 appraisals.
1309 6. In addition to required reading enhancement and
1310 acceleration strategies, provide parents of students to be
1311 retained with at least one of the following instructional
1312 options:
1313 a. Supplemental tutoring in scientifically research-based
1314 reading services in addition to the regular reading block,
1315 including tutoring before and/or after school.
1316 b. A “Read at Home” plan outlined in a parental contract,
1317 including participation in “Families Building Better Readers
1318 Workshops” and regular parent-guided home reading.
1319 c. A mentor or tutor with specialized reading training.
1320 7. Establish a Reading Enhancement and Acceleration
1321 Development (READ) Initiative. The focus of the READ Initiative
1322 shall be to prevent the retention of grade 3 students and to
1323 offer intensive accelerated reading instruction to grade 3
1324 students who failed to meet standards for promotion to grade 4
1325 and to each K-3 student who is assessed as exhibiting a reading
1326 deficiency. The READ Initiative shall:
1327 a. Be provided to all K-3 students at risk of retention as
1328 identified by the statewide assessment system used in Reading
1329 First schools. The assessment must measure phonemic awareness,
1330 phonics, fluency, vocabulary, and comprehension.
1331 b. Be provided during regular school hours in addition to
1332 the regular reading instruction.
1333 c. Provide a state-identified reading curriculum that has
1334 been reviewed by the Florida Center for Reading Research at
1335 Florida State University and meets, at a minimum, the following
1336 specifications:
1337 (I) Assists students assessed as exhibiting a reading
1338 deficiency in developing the ability to read at grade level.
1339 (II) Provides skill development in phonemic awareness,
1340 phonics, fluency, vocabulary, and comprehension.
1341 (III) Provides scientifically based and reliable
1342 assessment.
1343 (IV) Provides initial and ongoing analysis of each
1344 student’s reading progress.
1345 (V) Is implemented during regular school hours.
1346 (VI) Provides a curriculum in core academic subjects to
1347 assist the student in maintaining or meeting proficiency levels
1348 for the appropriate grade in all academic subjects.
1349 8. Establish at each school, where applicable, an Intensive
1350 Acceleration Class for retained grade 3 students who
1351 subsequently score at Level 1 on the reading portion of the
1352 FCAT. The focus of the Intensive Acceleration Class shall be to
1353 increase a child’s reading level at least two grade levels in 1
1354 school year. The Intensive Acceleration Class shall:
1355 a. Be provided to any student in grade 3 who does not meet
1356 the proficiency level in reading required for promotion scores
1357 at Level 1 on the reading portion of the FCAT and who was
1358 retained in grade 3 the prior year because of inadequate
1359 proficiency in reading scoring at Level 1 on the reading portion
1360 of the FCAT.
1361 b. Have a reduced teacher-student ratio.
1362 c. Provide uninterrupted reading instruction for the
1363 majority of student contact time each day and incorporate
1364 opportunities to master the grade 4 Next Generation Sunshine
1365 State Standards in other core subject areas.
1366 d. Use a reading program that is scientifically research
1367 based and has proven results in accelerating student reading
1368 achievement within the same school year.
1369 e. Provide intensive language and vocabulary instruction
1370 using a scientifically research-based program, including use of
1371 a speech-language therapist.
1372 f. Include weekly progress monitoring measures to ensure
1373 progress is being made.
1374 g. Report to the Department of Education, in the manner
1375 described by the department, the progress of students in the
1376 class at the end of the first semester.
1377 9. Report to the State Board of Education, as requested, on
1378 the specific intensive reading interventions and supports
1379 implemented at the school district level. The Commissioner of
1380 Education shall annually prescribe the required components of
1381 requested reports.
1382 10. Provide a student who has been retained in grade 3 and
1383 has received intensive instructional services but is still not
1384 ready for grade promotion, as determined by the school district,
1385 the option of being placed in a transitional instructional
1386 setting. Such setting shall specifically be designed to produce
1387 learning gains sufficient to meet grade 4 performance standards
1388 while continuing to remediate the areas of reading deficiency.
1389 (8) ANNUAL REPORT.—
1390 (a) In addition to the requirements in paragraph (5)(b),
1391 each district school board must annually report to the parent of
1392 each student the progress of the student toward achieving state
1393 and district expectations for proficiency in language arts
1394 reading, writing, science, and mathematics. The district school
1395 board must report to the parent the student’s results on each
1396 statewide assessment test. The evaluation of each student’s
1397 progress must be based upon the student’s classroom work,
1398 observations, tests, district and state assessments, and other
1399 relevant information. Progress reporting must be provided to the
1400 parent in writing in a format adopted by the district school
1401 board.
1402 (b) Each district school board must annually publish in the
1403 local newspaper, and report in writing to the State Board of
1404 Education by September 1 of each year, the following information
1405 on the prior school year:
1406 1. The provisions of this section relating to public school
1407 student progression and the district school board’s policies and
1408 procedures on student retention and promotion.
1409 2. By grade, the number and percentage of all students in
1410 grades 3 through 12 10 performing below proficiency levels for
1411 the grade on statewide subject area assessments and end-of
1412 course assessments in language arts, mathematics, and science at
1413 Levels 1 and 2 on the reading portion of the FCAT.
1414 3. By grade, the number and percentage of all students
1415 retained in grades 3 through 12 10.
1416 4. Information on the total number of students who were
1417 promoted for good cause, by each category of good cause as
1418 specified in paragraph (6)(b).
1419 5. Any revisions to the district school board’s policy on
1420 student retention and promotion from the prior year.
1421 Section 11. Subsection (3) of section 1008.30, Florida
1422 Statutes, is amended to read:
1423 1008.30 Common placement testing for public postsecondary
1424 education.—
1425 (3) The State Board of Education shall adopt rules that
1426 require high schools to evaluate before the beginning of grade
1427 12 the college readiness of each student who indicates an
1428 interest in postsecondary education and scores at Level 2 or
1429 Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1430 Level 3, or Level 4 on the mathematics assessments under s.
1431 1008.22(3)(c). High schools shall perform this evaluation using
1432 results from the corresponding component of the common placement
1433 test prescribed in this section, or an equivalent test
1434 identified by the State Board of Education. The Department of
1435 Education shall purchase or develop the assessments necessary to
1436 perform the evaluations required by this subsection and shall
1437 work with the school districts to administer the assessments.
1438 The State Board of Education shall establish by rule the minimum
1439 test scores a student must achieve to demonstrate readiness.
1440 Students who demonstrate readiness by achieving the minimum test
1441 scores established by the state board and enroll in a community
1442 college within 2 years of achieving such scores shall not be
1443 required to enroll in remediation courses as a condition of
1444 acceptance to any community college. The high school shall use
1445 the results of the test to advise the students of any identified
1446 deficiencies and to the maximum extent practicable provide 12th
1447 grade students access to appropriate remedial instruction prior
1448 to high school graduation. The remedial instruction provided
1449 under this subsection shall be a collaborative effort between
1450 secondary and postsecondary educational institutions. To the
1451 extent courses are available, the Florida Virtual School may be
1452 used to provide the remedial instruction required by this
1453 subsection.
1454 Section 12. Paragraphs (b) and (c) of subsection (3) and
1455 subsection (4) of section 1008.34, Florida Statutes, are amended
1456 to read:
1457 1008.34 School grading system; school report cards;
1458 district grade.—
1459 (3) DESIGNATION OF SCHOOL GRADES.—
1460 (b)1. Beginning with the 2015-2016 school year for schools
1461 comprised of any combination of grades 3 through 8, 25 percent
1462 of the school grade shall be based on subject area assessment
1463 scores or end-of-course assessment scores in core and noncore
1464 subjects administered under s. 1008.22, as applicable, and the
1465 remaining 75 percent on the following factors:
1466 a. Student achievement scores, including achievement scores
1467 for students seeking a special diploma;
1468 b. Student learning gains as measured by annual subject
1469 area assessments in grades 3 through 5 or end-of-course
1470 assessments in grades 6 through 8 and learning gains for
1471 students seeking a special diploma as measured by alternate
1472 assessment tools, if necessary;
1473 c. Improvement of the lowest 25th percentile of students in
1474 the school on subject area assessments in grades 3 through 5 or
1475 end-of-course assessments in grades 6 through 8, unless these
1476 students are exhibiting satisfactory performance;
1477 d. The overall academic performance of the students in the
1478 school based on grade point average, student portfolios,
1479 readiness for grade promotion, and, if determined by the State
1480 Board of Education, other measurable indicators of student
1481 progress;
1482 e. The growth or decline in the components listed in sub
1483 subparagraphs a.-d. from year to year; and
1484 f. The school’s use of technology and innovative practices.
1485 A school’s grade shall be based on a combination of:
1486 a. Student achievement scores, including achievement on all
1487 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
1488 course assessments administered under s. 1008.22(3)(c)2.a., and
1489 achievement scores for students seeking a special diploma.
1490 b. Student learning gains in reading and mathematics as
1491 measured by FCAT and end-of-course assessments, as described in
1492 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1493 a special diploma, as measured by an alternate assessment tool,
1494 shall be included not later than the 2009-2010 school year.
1495 c. Improvement of the lowest 25th percentile of students in
1496 the school in reading and mathematics on the FCAT or end-of
1497 course assessments described in s. 1008.22(3)(c)2.a., unless
1498 these students are exhibiting satisfactory performance.
1499 2. Beginning with the 2015-2016 2009-2010 school year for
1500 schools comprised of high school grades 9, 10, 11, and 12, or
1501 grades 10, 11, and 12:
1502 a. Fifty, 50 percent of the school grade shall be based on
1503 a combination of the following factors:
1504 (I) Student achievement scores, including achievement
1505 scores for students seeking a special diploma;
1506 (II) Student learning gains as measured by end-of-course
1507 assessments and learning gains for students seeking a special
1508 diploma as measured by alternate assessment tools, if necessary;
1509 and
1510 (III) Improvement of the lowest 25th percentile of students
1511 in the school on end-of-course assessments, unless these
1512 students are exhibiting satisfactory performance. listed in sub
1513 subparagraphs 1.a.-c. and
1514 b. The remaining 50 percent of the school grade shall be
1515 based on the following factors:
1516 (I)a. The high school graduation rate of the school;
1517 (II)b. As valid data becomes available, the performance and
1518 participation of the school’s students in College Board Advanced
1519 Placement courses, International Baccalaureate courses, dual
1520 enrollment courses, and Advanced International Certificate of
1521 Education courses; and the students’ achievement of national
1522 industry certification identified in the Industry Certification
1523 Funding List, pursuant to rules adopted by the State Board of
1524 Education;
1525 (III)c. Postsecondary readiness of the school’s students as
1526 measured by the SAT, ACT, or the common placement test;
1527 (IV)d. The high school graduation rate of at-risk students
1528 who did not meet proficiency levels scored at Level 2 or lower
1529 on the grade 8 end-of-course assessments in language arts,
1530 mathematics, and science FCAT Reading and Mathematics
1531 examinations;
1532 (V)e. As valid data becomes available, The performance of
1533 the school’s students on statewide standardized end-of-course
1534 assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1535 (VI)f. The growth or decline in the components listed in
1536 sub-sub-subparagraphs (I)-(V) sub-subparagraphs a.-e. from year
1537 to year.
1538 (c) Student assessment data used in determining school
1539 grades shall include:
1540 1. The aggregate scores of all eligible students enrolled
1541 in the school who have been assessed on the FCAT and statewide,
1542 standardized end-of-course assessments in courses required for
1543 high school graduation, including, beginning with the 2010-2011
1544 school year, the end-of-course assessment in Algebra I; and
1545 beginning with the 2011-2012 school year, the end-of-course
1546 assessments in geometry and Biology; and beginning with the
1547 2013-2014 school year, on the statewide, standardized end-of
1548 course assessment in civics education at the middle school
1549 level.
1550 2. The aggregate scores of all eligible students enrolled
1551 in the school who have been assessed on the FCAT and end-of
1552 course assessments as described in s. 1008.22(3)(c)2.a., and who
1553 have scored at or in the lowest 25th percentile of students in
1554 the school in reading and mathematics, unless these students are
1555 exhibiting satisfactory performance.
1556 3. The achievement scores and learning gains of eligible
1557 students attending alternative schools that provide dropout
1558 prevention and academic intervention services pursuant to s.
1559 1003.53. The term “eligible students” in this subparagraph does
1560 not include students attending an alternative school who are
1561 subject to district school board policies for expulsion for
1562 repeated or serious offenses, who are in dropout retrieval
1563 programs serving students who have officially been designated as
1564 dropouts, or who are in programs operated or contracted by the
1565 Department of Juvenile Justice. The student performance data for
1566 eligible students identified in this subparagraph shall be
1567 included in the calculation of the home school’s grade. As used
1568 in this section and s. 1008.341, the term “home school” means
1569 the school to which the student would be assigned if the student
1570 were not assigned to an alternative school. If an alternative
1571 school chooses to be graded under this section, student
1572 performance data for eligible students identified in this
1573 subparagraph shall not be included in the home school’s grade
1574 but shall be included only in the calculation of the alternative
1575 school’s grade. A school district that fails to assign the FCAT
1576 and end-of-course assessment as described in s.
1577 1008.22(3)(c)2.a. scores of each of its students to his or her
1578 home school or to the alternative school that receives a grade
1579 shall forfeit Florida School Recognition Program funds for 1
1580 fiscal year. School districts must require collaboration between
1581 the home school and the alternative school in order to promote
1582 student success. This collaboration must include an annual
1583 discussion between the principal of the alternative school and
1584 the principal of each student’s home school concerning the most
1585 appropriate school assignment of the student.
1586 4. Beginning with the 2015-2016 school year for schools
1587 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1588 11, and 12, the data listed in subparagraphs 1.-3. and the
1589 following data as the Department of Education determines such
1590 data are valid and available:
1591 a. The high school graduation rate of the school as
1592 calculated by the Department of Education;
1593 b. The participation rate of all eligible students enrolled
1594 in the school and enrolled in College Board Advanced Placement
1595 courses; International Baccalaureate courses; dual enrollment
1596 courses; Advanced International Certificate of Education
1597 courses; and courses or sequence of courses leading to national
1598 industry certification identified in the Industry Certification
1599 Funding List, pursuant to rules adopted by the State Board of
1600 Education;
1601 c. The aggregate scores of all eligible students enrolled
1602 in the school in College Board Advanced Placement courses,
1603 International Baccalaureate courses, and Advanced International
1604 Certificate of Education courses;
1605 d. Earning of college credit by all eligible students
1606 enrolled in the school in dual enrollment programs under s.
1607 1007.271;
1608 e. Earning of a national industry certification identified
1609 in the Industry Certification Funding List, pursuant to rules
1610 adopted by the State Board of Education;
1611 f. The aggregate scores of all eligible students enrolled
1612 in the school in reading, mathematics, and other subjects as
1613 measured by the SAT, the ACT, and the common placement test for
1614 postsecondary readiness;
1615 g. The high school graduation rate of all eligible at-risk
1616 students enrolled in the school who did not meet proficiency
1617 levels scored at Level 2 or lower on the grade 8 end-of-course
1618 assessments in language arts, mathematics, and science FCAT
1619 Reading and Mathematics examinations;
1620 h. The performance of the school’s students on statewide
1621 standardized end-of-course assessments administered under s.
1622 1008.22(3)(c)2.b. and c.; and
1623 i. The growth or decline in the data components listed in
1624 sub-subparagraphs a.-h. from year to year.
1625
1626 The State Board of Education shall adopt appropriate criteria
1627 for each school grade. The criteria must also give added weight
1628 to student achievement in language arts reading. Schools
1629 designated with a grade of “C,” making satisfactory progress,
1630 shall be required to demonstrate that adequate progress has been
1631 made by students in the school who are in the lowest 25th
1632 percentile on subject area assessments or end-of-course
1633 assessments in language arts reading and mathematics on the FCAT
1634 and on end-of-course assessments as described in s.
1635 1008.22(3)(c)2.a., unless these students are exhibiting
1636 satisfactory performance. Beginning with the 2015-2016 2009-2010
1637 school year for schools comprised of high school grades 9, 10,
1638 11, and 12, or grades 10, 11, and 12, the criteria for school
1639 grades must also give added weight to the graduation rate of all
1640 eligible at-risk students, as defined in this paragraph.
1641 Beginning in the 2015-2016 2009-2010 school year, in order for a
1642 high school to be designated as having a grade of “A,” making
1643 excellent progress, the school must demonstrate that at-risk
1644 students, as defined in this paragraph, in the school are making
1645 adequate progress.
1646 (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
1647 identify each school’s performance as having improved, remained
1648 the same, or declined. This school improvement rating shall be
1649 based on a comparison of the current year’s and previous year’s
1650 student and school performance data. Schools that improve at
1651 least one grade level are eligible for school recognition awards
1652 pursuant to s. 1008.36.
1653 Section 13. Subsections (2) and (3) of section 1008.341,
1654 Florida Statutes, are amended to read:
1655 1008.341 School improvement rating for alternative
1656 schools.—
1657 (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
1658 provides dropout prevention and academic intervention services
1659 pursuant to s. 1003.53 shall receive a school improvement rating
1660 pursuant to this section. However, an alternative school shall
1661 not receive a school improvement rating if the number of its
1662 students for whom student performance data is available for the
1663 current year and previous year is less than the minimum sample
1664 size necessary, based on accepted professional practice, for
1665 statistical reliability and prevention of the unlawful release
1666 of personally identifiable student data under s. 1002.22 or 20
1667 U.S.C. s. 1232g. The school improvement rating shall identify an
1668 alternative school as having one of the following ratings
1669 defined according to rules of the State Board of Education:
1670 (a) “Improving” means the students attending the school are
1671 making more academic progress than when the students were served
1672 in their home schools.
1673 (b) “Maintaining” means the students attending the school
1674 are making progress equivalent to the progress made when the
1675 students were served in their home schools.
1676 (c) “Declining” means the students attending the school are
1677 making less academic progress than when the students were served
1678 in their home schools.
1679
1680 The school improvement rating shall be based on a comparison of
1681 student performance data for the current year and previous year.
1682 Schools that improve at least one level or maintain an
1683 “improving” rating pursuant to this section are eligible for
1684 school recognition awards pursuant to s. 1008.36.
1685 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
1686 used in determining an alternative school’s school improvement
1687 rating shall include:
1688 (a) The aggregate scores on statewide assessments
1689 administered under s. 1008.22 for all eligible students who were
1690 assigned to and enrolled in the school during the October or
1691 February FTE count and who have FCAT or comparable scores for
1692 the preceding school year.
1693 (b) The overall academic performance of all eligible
1694 students in grades 3 through 12 based on grade point average,
1695 student portfolios, readiness for grade promotion, readiness for
1696 postsecondary education and careers, and, if determined by the
1697 State Board of Education, other measurable indicators of student
1698 progress. The aggregate scores on statewide assessments
1699 administered under s. 1008.22 for all eligible students who were
1700 assigned to and enrolled in the school during the October or
1701 February FTE count and who have scored in the lowest 25th
1702 percentile of students in the state on FCAT Reading.
1703
1704 The assessment scores of students who are subject to district
1705 school board policies for expulsion for repeated or serious
1706 offenses, who are in dropout retrieval programs serving students
1707 who have officially been designated as dropouts, or who are in
1708 programs operated or contracted by the Department of Juvenile
1709 Justice may not be included in an alternative school’s school
1710 improvement rating.
1711 Section 14. Section 1008.36, Florida Statutes, is amended
1712 to read:
1713 1008.36 Every Child Matters Program Florida School
1714 Recognition Program.—
1715 (1) The Legislature finds that in order to provide every
1716 student enrolled in K-12 public schools with the opportunity to
1717 achieve a successful public education, academic problems must be
1718 identified early, with remediation and intervention services to
1719 follow there is a need for a performance incentive program for
1720 outstanding faculty and staff in highly productive schools. The
1721 Legislature further finds that performance-based incentives are
1722 commonplace in the private sector and should be infused into the
1723 public sector as a reward for productivity.
1724 (2) The Every Child Matters Program Florida School
1725 Recognition Program is created to provide financial awards to
1726 public schools that:
1727 (a) A curriculum-based, year-round measurement of academic
1728 performance for all public school students enrolled in
1729 kindergarten through grade 12. Sustain high performance by
1730 receiving a school grade of “A,” making excellent progress; or
1731 (b) Remediation and intervention services to all public
1732 school students enrolled in kindergarten through grade 12 who
1733 are not meeting grade-level performance expectations.
1734 Demonstrate exemplary improvement due to innovation and effort
1735 by improving at least one letter grade or by improving more than
1736 one letter grade and sustaining the improvement the following
1737 school year.
1738 (3) All public schools, including charter schools, that
1739 receive a school grade pursuant to s. 1008.34 are eligible to
1740 participate in the program.
1741 (4) All selected schools shall receive financial assistance
1742 awards depending on the availability of funds appropriated and
1743 the number and size of schools selected to receive an award.
1744 Funds must be distributed to the school’s fiscal agent and
1745 placed in the school’s account and must be used for purposes
1746 listed in subsection (5) as determined jointly by the school’s
1747 staff and school advisory council. If school staff and the
1748 school advisory council cannot reach agreement by February 1,
1749 the awards must be equally distributed to all classroom teachers
1750 currently teaching in the school. If a school selected to
1751 receive a school recognition award is no longer in existence at
1752 the time the award is paid, the district school superintendent
1753 shall distribute the funds to teachers who taught at the school
1754 in the previous year in the form of a bonus.
1755 (5) Every Child Matters Program funds School recognition
1756 awards must be used for the following:
1757 (a) Administration of a regular formative assessment
1758 approved by the State Board of Education Nonrecurring bonuses to
1759 the faculty and staff;
1760 (b) Nonrecurring expenditures for remediation of low
1761 performing students, including remediation programs and
1762 intervention services adopted and administered by the Department
1763 of Education;
1764 (c)(b) Nonrecurring expenditures for educational equipment
1765 or materials to assist in the remediation of low-performing
1766 students; maintaining and improving student performance; or
1767 (d)(c) Temporary personnel for the school to assist in the
1768 remediation of low-performing students; maintaining and
1769 improving student performance.
1770 (e) Contracts with private sector participants to provide
1771 remediation services if 90 percent of the personnel providing
1772 services reside in the state and the contracts include
1773 requirements to ensure that the private sector participants are
1774 accountable for performance; or
1775 (f) Transportation of students pursuant to s. 1002.31(3).
1776 (6) The Department of Education shall provide training and
1777 informational resources for educators to administer the
1778 formative assessment pursuant to paragraph (5)(a) and shall be
1779 responsible for developing and implementing provisions for the
1780 collection and analysis of the assessment data.
1781 (7) The Department of Education shall establish policies
1782 and procedures for the development of individual education plans
1783 for low-performing students who receive remediation and
1784 intervention services pursuant to this section.
1785
1786 Notwithstanding statutory provisions to the contrary, incentive
1787 awards are not subject to collective bargaining.
1788 Section 15. Paragraph (b) of subsection (1) of section
1789 1009.531, Florida Statutes, is amended to read:
1790 1009.531 Florida Bright Futures Scholarship Program;
1791 student eligibility requirements for initial awards.—
1792 (1) Effective January 1, 2008, in order to be eligible for
1793 an initial award from any of the three types of scholarships
1794 under the Florida Bright Futures Scholarship Program, a student
1795 must:
1796 (b) Earn a standard Florida high school diploma or its
1797 equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
1798 or s. 1003.435 unless:
1799 1. The student completes a home education program according
1800 to s. 1002.41; or
1801 2. The student earns a high school diploma from a non
1802 Florida school while living with a parent or guardian who is on
1803 military or public service assignment away from Florida.
1804 Section 16. Paragraph (d) of subsection (7) and paragraph
1805 (c) of subsection (9) of section 1011.62, Florida Statutes, are
1806 amended to read:
1807 1011.62 Funds for operation of schools.—If the annual
1808 allocation from the Florida Education Finance Program to each
1809 district for operation of schools is not determined in the
1810 annual appropriations act or the substantive bill implementing
1811 the annual appropriations act, it shall be determined as
1812 follows:
1813 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
1814 (d) Each district’s allocation of sparsity supplement funds
1815 shall be adjusted in the following manner:
1816 1. A maximum discretionary levy per FTE value for each
1817 district shall be calculated by dividing the value of each
1818 district’s maximum discretionary levy by its FTE student count.
1819 2. A state average discretionary levy value per FTE shall
1820 be calculated by dividing the total maximum discretionary levy
1821 value for all districts by the state total FTE student count.
1822 3. A total potential funds per FTE for each district shall
1823 be calculated by dividing the total potential funds, not
1824 including Every Child Matters Program Florida School Recognition
1825 Program funds, Merit Award Program funds, and the minimum
1826 guarantee funds, for each district by its FTE student count.
1827 4. A state average total potential funds per FTE shall be
1828 calculated by dividing the total potential funds, not including
1829 Every Child Matters Program Florida School Recognition Program
1830 funds, Merit Award Program funds, and the minimum guarantee
1831 funds, for all districts by the state total FTE student count.
1832 5. For districts that have a levy value per FTE as
1833 calculated in subparagraph 1. higher than the state average
1834 calculated in subparagraph 2., a sparsity wealth adjustment
1835 shall be calculated as the product of the difference between the
1836 state average levy value per FTE calculated in subparagraph 2.
1837 and the district’s levy value per FTE calculated in subparagraph
1838 1. and the district’s FTE student count and -1. However, no
1839 district shall have a sparsity wealth adjustment that, when
1840 applied to the total potential funds calculated in subparagraph
1841 3., would cause the district’s total potential funds per FTE to
1842 be less than the state average calculated in subparagraph 4.
1843 6. Each district’s sparsity supplement allocation shall be
1844 calculated by adding the amount calculated as specified in
1845 paragraphs (a) and (b) and the wealth adjustment amount
1846 calculated in this paragraph.
1847 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
1848 (c) Funds allocated under this subsection must be used to
1849 provide a system of comprehensive reading instruction to
1850 students enrolled in the K-12 programs, which may include the
1851 following:
1852 1. The provision of highly qualified reading coaches.
1853 2. Professional development for school district teachers in
1854 scientifically based reading instruction, including strategies
1855 to teach reading in content areas and with an emphasis on
1856 technical and informational text.
1857 3. The provision of summer reading camps for students who
1858 are reading below grade level score at Level 1 on FCAT Reading.
1859 4. The provision of supplemental instructional materials
1860 that are grounded in scientifically based reading research.
1861 5. The provision of intensive interventions for middle and
1862 high school students reading below grade level.
1863 Section 17. Paragraph (b) of subsection (1) of section
1864 1012.22, Florida Statutes, is amended to read:
1865 1012.22 Public school personnel; powers and duties of the
1866 district school board.—The district school board shall:
1867 (1) Designate positions to be filled, prescribe
1868 qualifications for those positions, and provide for the
1869 appointment, compensation, promotion, suspension, and dismissal
1870 of employees as follows, subject to the requirements of this
1871 chapter:
1872 (b) Time to act on nominations.—The district school board
1873 shall act not later than 3 weeks following the receipt of FCAT
1874 scores and data, including school grades, or June 30, whichever
1875 is later, on the district school superintendent’s nominations of
1876 supervisors, principals, and members of the instructional staff.
1877 Section 18. (1) Effective upon this act becoming a law, the
1878 Commissioner of Education shall appoint a public school
1879 assessment and accountability alignment committee to develop:
1880 (a) Standards for a revised statewide student assessment
1881 program under s. 1008.22, Florida Statutes, consisting of
1882 subject area assessments for students in grades 3 through 5,
1883 subject area assessments and end-of-course assessments in core
1884 and noncore subject areas for students in grades 6 through 12,
1885 and diagnostic assessments for students in grades 6, 8, and 10.
1886 (b) Procedures for transitioning elementary schools from
1887 the use of the Florida Comprehensive Assessment Test (FCAT) to
1888 the use of subject area assessments and procedures for
1889 transitioning middle schools and high schools from the use of
1890 the FCAT to the use of subject area assessments and end-of
1891 course assessments.
1892 (c) Standards for revised formulas for determining school
1893 grades and school improvement ratings under ss. 1008.34 and
1894 1008.341, Florida Statutes.
1895 (2) The committee shall align the components of the revised
1896 statewide student assessment program to best prepare students to
1897 progress from one grade to the next and to postsecondary
1898 education or careers after high school.
1899 (3) To ensure that the alignment committee represents a
1900 cross-section of education stakeholders, it shall be composed of
1901 individuals from:
1902 (a) The education community, including, but not limited to,
1903 teachers and administrators representing elementary, secondary,
1904 and higher education.
1905 (b) Education associations, including, but not limited to,
1906 associations for teachers, school administrators, and district
1907 school boards.
1908 (c) State government and local government.
1909 (d) The business community.
1910 (e) Independent education researchers or experts.
1911 (4) Members of the alignment committee shall serve without
1912 compensation but may be reimbursed for per diem and travel
1913 expenses in accordance with s. 112.061, Florida Statutes.
1914 (5) The alignment committee may conduct public hearings
1915 around the state to obtain public input for the development of a
1916 revised statewide student assessment program and formulas for
1917 determining school grades and school improvement ratings.
1918 (6)(a) By August 1, 2012, the alignment committee shall
1919 begin work on the following:
1920 1. Developing new subject area assessments for students in
1921 grades 3 through 5, subject area assessments and end-of-course
1922 assessments for students in grades 6 through 12, and diagnostic
1923 assessments for students in grades 6, 8, and 10.
1924 2. Transitioning to a revised method for determining school
1925 grades and school improvement ratings based on factors that
1926 include subject area assessments, end-of-course assessments,
1927 overall student academic performance, and a school’s use of
1928 technology and innovative practices.
1929 (b) By August 1, 2014:
1930 1. The State Board of Education shall adopt rules pursuant
1931 to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
1932 revised statewide student assessment program and school grading
1933 system as part of the state’s public school assessment and
1934 accountability system beginning with the 2015-2016 school year.
1935 2. The Department of Education and school districts shall
1936 begin training and professional development for teachers, school
1937 administrators, and other educational personnel in use of the
1938 new subject area assessments, end-of-course assessments, and
1939 diagnostic assessments.
1940 (7) The alignment committee shall expire upon completion of
1941 its activities but no later than August 1, 2014.
1942 Section 19. Except as otherwise expressly provided in this
1943 act and except for this section, which shall take effect upon
1944 this act becoming a law, this act shall take effect July 1,
1945 2015.