CS for HB 7087 & HB 7091

1
A bill to be entitled
2An act relating to education law repeals; repealing s.
3445.049, F.S., relating to the creation of the Digital
4Divide Council in the Department of Education; repealing
5s. 817.567, F.S., relating to making false claims of
6academic degree or title; repealing s. 1001.291, F.S.,
7which provides for implementation of a pilot project
8relating to discounted computers and Internet access for
9low-income students; repealing s. 1004.50, F.S., relating
10to the Institute on Urban Policy and Commerce; repealing
11s. 1004.51, F.S., relating to the Community and Faith-
12based Organizations Initiative and the Library Technology
13Access Partnership; repealing s. 1004.52, F.S., relating
14to the community computer access grant program; repealing
15s. 1004.95, F.S., relating to adult literacy centers;
16repealing s. 1004.97, F.S., relating to the Florida
17Literacy Corps; repealing s. 1004.04(11) and (12), F.S.,
18relating to the Preteacher and Teacher Education Pilot
19Programs and the Teacher Education Pilot Programs for
20High-Achieving Students; repealing s. 1009.54, F.S.,
21relating to the Critical Teacher Shortage Program;
22repealing s. 1009.57, F.S., relating to the Florida
23Teacher Scholarship and Forgivable Loan Program; repealing
24s. 1009.58, F.S., relating to the critical teacher
25shortage tuition reimbursement program; repealing s.
261009.59, F.S., relating to the Critical Teacher Shortage
27Student Loan Forgiveness Program; repealing s. 1012.225,
28F.S., relating to the Merit Award Program for
29Instructional Personnel and School-Based Administrators;
30repealing s. 1012.2251, F.S., relating to the
31administration of end-of-course examinations for the Merit
32Award Program; repealing s. 447.403(2)(c), F.S., relating
33to the resolution of an impasse involving a dispute of a
34Merit Award Program plan, to conform; amending ss.
351002.33, 1003.52, 1009.40, 1009.94, 1011.62, and 1012.07,
36F.S.; conforming provisions to changes made by the act;
37repealing s. 1012.33(3)(a), (b), and (c), F.S., relating
38to professional service contracts for instructional staff;
39amending s. 1008.22, F.S.; deleting a provision requiring
40that certain middle school students who earned high school
41credit in Algebra I take the Algebra I end-of-course
42assessment during the 2010-2011 school year; providing
43effective dates.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 445.049, Florida Statutes, is repealed.
48     Section 2.  Section 817.567, Florida Statutes, is repealed.
49     Section 3.  Section 1001.291, Florida Statutes, is
50repealed.
51     Section 4.  Section 1004.50, Florida Statutes, is repealed.
52     Section 5.  Section 1004.51, Florida Statutes, is repealed.
53     Section 6.  Section 1004.52, Florida Statutes, is repealed.
54     Section 7.  Section 1004.95, Florida Statutes, is repealed.
55     Section 8.  Section 1004.97, Florida Statutes, is repealed.
56     Section 9.  Subsections (11) and (12) of section 1004.04,
57Florida Statutes, are repealed.
58     Section 10.  Sections 1009.54, 1009.57, 1009.58, and
591009.59, Florida Statutes, are repealed.
60     Section 11.  Sections 1012.225 and 1012.2251, Florida
61Statutes, are repealed.
62     Section 12.  Paragraph (c) of subsection (2) of section
63447.403, Florida Statutes, is repealed.
64     Section 13.  Paragraph (a) of subsection (20) of section
651002.33, Florida Statutes, is amended to read:
66     1002.33  Charter schools.-
67     (20)  SERVICES.-
68     (a)1.  A sponsor shall provide certain administrative and
69educational services to charter schools. These services shall
70include contract management services; full-time equivalent and
71data reporting services; exceptional student education
72administration services; services related to eligibility and
73reporting duties required to ensure that school lunch services
74under the federal lunch program, consistent with the needs of
75the charter school, are provided by the school district at the
76request of the charter school, that any funds due to the charter
77school under the federal lunch program be paid to the charter
78school as soon as the charter school begins serving food under
79the federal lunch program, and that the charter school is paid
80at the same time and in the same manner under the federal lunch
81program as other public schools serviced by the sponsor or the
82school district; test administration services, including payment
83of the costs of state-required or district-required student
84assessments; processing of teacher certificate data services;
85and information services, including equal access to student
86information systems that are used by public schools in the
87district in which the charter school is located. Student
88performance data for each student in a charter school,
89including, but not limited to, FCAT scores, standardized test
90scores, previous public school student report cards, and student
91performance measures, shall be provided by the sponsor to a
92charter school in the same manner provided to other public
93schools in the district.
94     2.  A total administrative fee for the provision of such
95services shall be calculated based upon up to 5 percent of the
96available funds defined in paragraph (17)(b) for all students.
97However, a sponsor may only withhold up to a 5-percent
98administrative fee for enrollment for up to and including 250
99students. For charter schools with a population of 251 or more
100students, the difference between the total administrative fee
101calculation and the amount of the administrative fee withheld
102may only be used for capital outlay purposes specified in s.
1031013.62(2).
104     3.  In addition, a sponsor may withhold only up to a 5-
105percent administrative fee for enrollment for up to and
106including 500 students within a system of charter schools which
107meets all of the following:
108     a.  Includes both conversion charter schools and
109nonconversion charter schools;
110     b.  Has all schools located in the same county;
111     c.  Has a total enrollment exceeding the total enrollment
112of at least one school district in the state;
113     d.  Has the same governing board; and
114     e.  Does not contract with a for-profit service provider
115for management of school operations.
116     4.  The difference between the total administrative fee
117calculation and the amount of the administrative fee withheld
118pursuant to subparagraph 3. may be used for instructional and
119administrative purposes as well as for capital outlay purposes
120specified in s. 1013.62(2).
121     5.  Each charter school shall receive 100 percent of the
122funds awarded to that school pursuant to s. 1012.225. Sponsors
123shall not charge charter schools any additional fees or
124surcharges for administrative and educational services in
125addition to the maximum 5-percent administrative fee withheld
126pursuant to this paragraph.
127     Section 14.  Subsection (10) of section 1003.52, Florida
128Statutes, is amended to read:
129     1003.52  Educational services in Department of Juvenile
130Justice programs.-
131     (10)  The district school board shall recruit and train
132teachers who are interested, qualified, or experienced in
133educating students in juvenile justice programs. Students in
134juvenile justice programs shall be provided a wide range of
135educational programs and opportunities including textbooks,
136technology, instructional support, and other resources available
137to students in public schools. Teachers assigned to educational
138programs in juvenile justice settings in which the district
139school board operates the educational program shall be selected
140by the district school board in consultation with the director
141of the juvenile justice facility. Educational programs in
142juvenile justice facilities shall have access to the substitute
143teacher pool utilized by the district school board. Full-time
144teachers working in juvenile justice schools, whether employed
145by a district school board or a provider, shall be eligible for
146the critical teacher shortage tuition reimbursement program as
147defined by s. 1009.58 and other teacher recruitment and
148retention programs.
149     Section 15.  Paragraph (a) of subsection (1) of section
1501009.40, Florida Statutes, is amended to read:
151     1009.40  General requirements for student eligibility for
152state financial aid awards and tuition assistance grants.-
153     (1)(a)  The general requirements for eligibility of
154students for state financial aid awards and tuition assistance
155grants consist of the following:
156     1.  Achievement of the academic requirements of and
157acceptance at a state university or community college; a nursing
158diploma school approved by the Florida Board of Nursing; a
159Florida college, university, or community college which is
160accredited by an accrediting agency recognized by the State
161Board of Education; any Florida institution the credits of which
162are acceptable for transfer to state universities; any career
163center; or any private career institution accredited by an
164accrediting agency recognized by the State Board of Education.
165     2.  Residency in this state for no less than 1 year
166preceding the award of aid or a tuition assistance grant for a
167program established pursuant to s. 1009.50, s. 1009.505, s.
1681009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
1691009.57, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.72, s.
1701009.73, s. 1009.77, s. 1009.89, or s. 1009.891. Residency in
171this state must be for purposes other than to obtain an
172education. Resident status for purposes of receiving state
173financial aid awards shall be determined in the same manner as
174resident status for tuition purposes pursuant to s. 1009.21.
175     3.  Submission of certification attesting to the accuracy,
176completeness, and correctness of information provided to
177demonstrate a student's eligibility to receive state financial
178aid awards or tuition assistance grants. Falsification of such
179information shall result in the denial of any pending
180application and revocation of any award or grant currently held
181to the extent that no further payments shall be made.
182Additionally, students who knowingly make false statements in
183order to receive state financial aid awards or tuition
184assistance grants commit a misdemeanor of the second degree
185subject to the provisions of s. 837.06 and shall be required to
186return all state financial aid awards or tuition assistance
187grants wrongfully obtained.
188     Section 16.  Paragraph (c) of subsection (2) of section
1891009.94, Florida Statutes, is amended to read:
190     1009.94  Student financial assistance database.-
191     (2)  For purposes of this section, financial assistance
192includes:
193     (c)  Any financial assistance provided under s. 1009.50, s.
1941009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
1951009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
1961009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 1009.73, s.
1971009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
198     Section 17.  Paragraph (d) of subsection (7) of section
1991011.62, Florida Statutes, is amended to read:
200     1011.62  Funds for operation of schools.-If the annual
201allocation from the Florida Education Finance Program to each
202district for operation of schools is not determined in the
203annual appropriations act or the substantive bill implementing
204the annual appropriations act, it shall be determined as
205follows:
206     (7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
207     (d)  Each district's allocation of sparsity supplement
208funds shall be adjusted in the following manner:
209     1.  A maximum discretionary levy per FTE value for each
210district shall be calculated by dividing the value of each
211district's maximum discretionary levy by its FTE student count.
212     2.  A state average discretionary levy value per FTE shall
213be calculated by dividing the total maximum discretionary levy
214value for all districts by the state total FTE student count.
215     3.  A total potential funds per FTE for each district shall
216be calculated by dividing the total potential funds, not
217including Florida School Recognition Program funds, Merit Award
218Program funds, and the minimum guarantee funds, for each
219district by its FTE student count.
220     4.  A state average total potential funds per FTE shall be
221calculated by dividing the total potential funds, not including
222Florida School Recognition Program funds, Merit Award Program
223funds, and the minimum guarantee funds, for all districts by the
224state total FTE student count.
225     5.  For districts that have a levy value per FTE as
226calculated in subparagraph 1. higher than the state average
227calculated in subparagraph 2., a sparsity wealth adjustment
228shall be calculated as the product of the difference between the
229state average levy value per FTE calculated in subparagraph 2.
230and the district's levy value per FTE calculated in subparagraph
2311. and the district's FTE student count and -1. However, no
232district shall have a sparsity wealth adjustment that, when
233applied to the total potential funds calculated in subparagraph
2343., would cause the district's total potential funds per FTE to
235be less than the state average calculated in subparagraph 4.
236     6.  Each district's sparsity supplement allocation shall be
237calculated by adding the amount calculated as specified in
238paragraphs (a) and (b) and the wealth adjustment amount
239calculated in this paragraph.
240     Section 18.  Section 1012.07, Florida Statutes, is amended
241to read:
242     1012.07  Identification of critical teacher shortage
243areas.-
244     (1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
245"critical teacher shortage area" applies to mathematics,
246science, career education, and high priority location areas. The
247State Board of Education may identify career education programs
248having critical teacher shortages. The State Board of Education
249shall adopt rules pursuant to ss. 120.536(1) and 120.54
250necessary to annually identify other critical teacher shortage
251areas and high priority location areas. The state board shall
252also consider teacher characteristics such as ethnic background,
253race, and sex in determining critical teacher shortage areas.
254School grade levels may also be designated critical teacher
255shortage areas. Individual district school boards may identify
256other critical teacher shortage areas. Such shortages must be
257certified to and approved by the State Board of Education. High
258priority location areas shall be in high-density, low-economic
259urban schools and low-density, low-economic rural schools and
260shall include schools which meet criteria which include, but are
261not limited to, the percentage of free lunches, the percentage
262of students under Chapter I of the Education Consolidation and
263Improvement Act of 1981, and the faculty attrition rate.
264     (2)  This section shall be implemented only to the extent
265as specifically funded and authorized by law.
266     Section 19.  Effective July 1, 2011, paragraphs (a), (b),
267and (c) of subsection (3) of section 1012.33, Florida Statutes,
268are repealed.
269     Section 20.  Paragraph (c) of subsection (3) of section
2701008.22, Florida Statutes, is amended to read:
271     1008.22  Student assessment program for public schools.-
272     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
273design and implement a statewide program of educational
274assessment that provides information for the improvement of the
275operation and management of the public schools, including
276schools operating for the purpose of providing educational
277services to youth in Department of Juvenile Justice programs.
278The commissioner may enter into contracts for the continued
279administration of the assessment, testing, and evaluation
280programs authorized and funded by the Legislature. Contracts may
281be initiated in 1 fiscal year and continue into the next and may
282be paid from the appropriations of either or both fiscal years.
283The commissioner is authorized to negotiate for the sale or
284lease of tests, scoring protocols, test scoring services, and
285related materials developed pursuant to law. Pursuant to the
286statewide assessment program, the commissioner shall:
287     (c)  Develop and implement a student achievement testing
288program as follows:
289     1.  The Florida Comprehensive Assessment Test (FCAT)
290measures a student's content knowledge and skills in reading,
291writing, science, and mathematics. The content knowledge and
292skills assessed by the FCAT must be aligned to the core
293curricular content established in the Next Generation Sunshine
294State Standards. Other content areas may be included as directed
295by the commissioner. Comprehensive assessments of reading and
296mathematics shall be administered annually in grades 3 through
29710 except, beginning with the 2010-2011 school year, the
298administration of grade 9 FCAT Mathematics shall be
299discontinued, and beginning with the 2011-2012 school year, the
300administration of grade 10 FCAT Mathematics shall be
301discontinued, except as required for students who have not
302attained minimum performance expectations for graduation as
303provided in paragraph (9)(c). FCAT Writing and FCAT Science
304shall be administered at least once at the elementary, middle,
305and high school levels except, beginning with the 2011-2012
306school year, the administration of FCAT Science at the high
307school level shall be discontinued.
308     2.a.  End-of-course assessments for a subject shall be
309administered in addition to the comprehensive assessments
310required under subparagraph 1. End-of-course assessments must be
311rigorous, statewide, standardized, and developed or approved by
312the department. The content knowledge and skills assessed by
313end-of-course assessments must be aligned to the core curricular
314content established in the Next Generation Sunshine State
315Standards.
316     (I)  Statewide, standardized end-of-course assessments in
317mathematics shall be administered according to this sub-sub-
318subparagraph. Beginning with the 2010-2011 school year, all
319students enrolled in Algebra I or an equivalent course must take
320the Algebra I end-of-course assessment. Students who earned high
321school credit in Algebra I while in grades 6 through 8 during
322the 2007-2008 through 2009-2010 school years and who have not
323taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
324course assessment during the 2010-2011 school year. For students
325entering grade 9 during the 2010-2011 school year and who are
326enrolled in Algebra I or an equivalent, each student's
327performance on the end-of-course assessment in Algebra I shall
328constitute 30 percent of the student's final course grade.
329Beginning with students entering grade 9 in the 2011-2012 school
330year, a student who is enrolled in Algebra I or an equivalent
331must earn a passing score on the end-of-course assessment in
332Algebra I or attain an equivalent score as described in
333subsection (11) in order to earn course credit. Beginning with
334the 2011-2012 school year, all students enrolled in geometry or
335an equivalent course must take the geometry end-of-course
336assessment. For students entering grade 9 during the 2011-2012
337school year, each student's performance on the end-of-course
338assessment in geometry shall constitute 30 percent of the
339student's final course grade. Beginning with students entering
340grade 9 during the 2012-2013 school year, a student must earn a
341passing score on the end-of-course assessment in geometry or
342attain an equivalent score as described in subsection (11) in
343order to earn course credit.
344     (II)  Statewide, standardized end-of-course assessments in
345science shall be administered according to this sub-sub-
346subparagraph. Beginning with the 2011-2012 school year, all
347students enrolled in Biology I or an equivalent course must take
348the Biology I end-of-course assessment. For the 2011-2012 school
349year, each student's performance on the end-of-course assessment
350in Biology I shall constitute 30 percent of the student's final
351course grade. Beginning with students entering grade 9 during
352the 2012-2013 school year, a student must earn a passing score
353on the end-of-course assessment in Biology I in order to earn
354course credit.
355     b.  During the 2012-2013 school year, an end-of-course
356assessment in civics education shall be administered as a field
357test at the middle school level. During the 2013-2014 school
358year, each student's performance on the statewide, standardized
359end-of-course assessment in civics education shall constitute 30
360percent of the student's final course grade. Beginning with the
3612014-2015 school year, a student must earn a passing score on
362the end-of-course assessment in civics education in order to
363pass the course and receive course credit.
364     c.  The commissioner may select one or more nationally
365developed comprehensive examinations, which may include, but
366need not be limited to, examinations for a College Board
367Advanced Placement course, International Baccalaureate course,
368or Advanced International Certificate of Education course, or
369industry-approved examinations to earn national industry
370certifications identified in the Industry Certification Funding
371List, pursuant to rules adopted by the State Board of Education,
372for use as end-of-course assessments under this paragraph, if
373the commissioner determines that the content knowledge and
374skills assessed by the examinations meet or exceed the grade
375level expectations for the core curricular content established
376for the course in the Next Generation Sunshine State Standards.
377The commissioner may collaborate with the American Diploma
378Project in the adoption or development of rigorous end-of-course
379assessments that are aligned to the Next Generation Sunshine
380State Standards.
381     d.  Contingent upon funding provided in the General
382Appropriations Act, including the appropriation of funds
383received through federal grants, the Commissioner of Education
384shall establish an implementation schedule for the development
385and administration of additional statewide, standardized end-of-
386course assessments in English/Language Arts II, Algebra II,
387chemistry, physics, earth/space science, United States history,
388and world history. Priority shall be given to the development of
389end-of-course assessments in English/Language Arts II. The
390Commissioner of Education shall evaluate the feasibility and
391effect of transitioning from the grade 9 and grade 10 FCAT
392Reading and high school level FCAT Writing to an end-of-course
393assessment in English/Language Arts II. The commissioner shall
394report the results of the evaluation to the President of the
395Senate and the Speaker of the House of Representatives no later
396than July 1, 2011.
397     3.  The testing program shall measure student content
398knowledge and skills adopted by the State Board of Education as
399specified in paragraph (a) and measure and report student
400performance levels of all students assessed in reading, writing,
401mathematics, and science. The commissioner shall provide for the
402tests to be developed or obtained, as appropriate, through
403contracts and project agreements with private vendors, public
404vendors, public agencies, postsecondary educational
405institutions, or school districts. The commissioner shall obtain
406input with respect to the design and implementation of the
407testing program from state educators, assistive technology
408experts, and the public.
409     4.  The testing program shall be composed of criterion-
410referenced tests that shall, to the extent determined by the
411commissioner, include test items that require the student to
412produce information or perform tasks in such a way that the core
413content knowledge and skills he or she uses can be measured.
414     5.  FCAT Reading, Mathematics, and Science and all
415statewide, standardized end-of-course assessments shall measure
416the content knowledge and skills a student has attained on the
417assessment by the use of scaled scores and achievement levels.
418Achievement levels shall range from 1 through 5, with level 1
419being the lowest achievement level, level 5 being the highest
420achievement level, and level 3 indicating satisfactory
421performance on an assessment. For purposes of FCAT Writing,
422student achievement shall be scored using a scale of 1 through 6
423and the score earned shall be used in calculating school grades.
424A score shall be designated for each subject area tested, below
425which score a student's performance is deemed inadequate. The
426school districts shall provide appropriate remedial instruction
427to students who score below these levels.
428     6.  The State Board of Education shall, by rule, designate
429a passing score for each part of the grade 10 assessment test
430and end-of-course assessments. Any rule that has the effect of
431raising the required passing scores may apply only to students
432taking the assessment for the first time after the rule is
433adopted by the State Board of Education. Except as otherwise
434provided in this subparagraph and as provided in s.
4351003.428(8)(b) or s. 1003.43(11)(b), students must earn a
436passing score on grade 10 FCAT Reading and grade 10 FCAT
437Mathematics or attain concordant scores as described in
438subsection (10) in order to qualify for a standard high school
439diploma.
440     7.  In addition to designating a passing score under
441subparagraph 6., the State Board of Education shall also
442designate, by rule, a score for each statewide, standardized
443end-of-course assessment which indicates that a student is high
444achieving and has the potential to meet college-readiness
445standards by the time the student graduates from high school.
446     8.  Participation in the testing program is mandatory for
447all students attending public school, including students served
448in Department of Juvenile Justice programs, except as otherwise
449prescribed by the commissioner. A student who has not earned
450passing scores on the grade 10 FCAT as provided in subparagraph
4516. must participate in each retake of the assessment until the
452student earns passing scores or achieves scores on a
453standardized assessment which are concordant with passing scores
454pursuant to subsection (10). If a student does not participate
455in the statewide assessment, the district must notify the
456student's parent and provide the parent with information
457regarding the implications of such nonparticipation. A parent
458must provide signed consent for a student to receive classroom
459instructional accommodations that would not be available or
460permitted on the statewide assessments and must acknowledge in
461writing that he or she understands the implications of such
462instructional accommodations. The State Board of Education shall
463adopt rules, based upon recommendations of the commissioner, for
464the provision of test accommodations for students in exceptional
465education programs and for students who have limited English
466proficiency. Accommodations that negate the validity of a
467statewide assessment are not allowable in the administration of
468the FCAT or an end-of-course assessment. However, instructional
469accommodations are allowable in the classroom if included in a
470student's individual education plan. Students using
471instructional accommodations in the classroom that are not
472allowable as accommodations on the FCAT or an end-of-course
473assessment may have the FCAT or an end-of-course assessment
474requirement waived pursuant to the requirements of s.
4751003.428(8)(b) or s. 1003.43(11)(b).
476     9.  A student seeking an adult high school diploma must
477meet the same testing requirements that a regular high school
478student must meet.
479     10.  District school boards must provide instruction to
480prepare students in the core curricular content established in
481the Next Generation Sunshine State Standards adopted under s.
4821003.41, including the core content knowledge and skills
483necessary for successful grade-to-grade progression and high
484school graduation. If a student is provided with instructional
485accommodations in the classroom that are not allowable as
486accommodations in the statewide assessment program, as described
487in the test manuals, the district must inform the parent in
488writing and must provide the parent with information regarding
489the impact on the student's ability to meet expected performance
490levels in reading, writing, mathematics, and science. The
491commissioner shall conduct studies as necessary to verify that
492the required core curricular content is part of the district
493instructional programs.
494     11.  District school boards must provide opportunities for
495students to demonstrate an acceptable performance level on an
496alternative standardized assessment approved by the State Board
497of Education following enrollment in summer academies.
498     12.  The Department of Education must develop, or select,
499and implement a common battery of assessment tools that will be
500used in all juvenile justice programs in the state. These tools
501must accurately measure the core curricular content established
502in the Next Generation Sunshine State Standards.
503     13.  For students seeking a special diploma pursuant to s.
5041003.438, the Department of Education must develop or select and
505implement an alternate assessment tool that accurately measures
506the core curricular content established in the Next Generation
507Sunshine State Standards for students with disabilities under s.
5081003.438.
509     14.  The Commissioner of Education shall establish
510schedules for the administration of statewide assessments and
511the reporting of student test results. When establishing the
512schedules for the administration of statewide assessments, the
513commissioner shall consider the observance of religious and
514school holidays. The commissioner shall, by August 1 of each
515year, notify each school district in writing and publish on the
516department's Internet website the testing and reporting
517schedules for, at a minimum, the school year following the
518upcoming school year. The testing and reporting schedules shall
519require that:
520     a.  There is the latest possible administration of
521statewide assessments and the earliest possible reporting to the
522school districts of student test results which is feasible
523within available technology and specific appropriations;
524however, test results for the FCAT must be made available no
525later than the week of June 8. Student results for end-of-course
526assessments must be provided no later than 1 week after the
527school district completes testing for each course.
528     b.  Beginning with the 2010-2011 school year, FCAT Writing
529is not administered earlier than the week of March 1 and a
530comprehensive statewide assessment of any other subject is not
531administered earlier than the week of April 15.
532     c.  A statewide, standardized end-of-course assessment is
533administered during a 3-week period at the end of the course.
534The commissioner shall select a 3-week administration period for
535assessments that meets the intent of end-of-course assessments
536and provides student results prior to the end of the course.
537School districts shall select 1 testing week within the 3-week
538administration period for each end-of-course assessment. For an
539end-of-course assessment administered at the end of the first
540semester, the commissioner shall determine the most appropriate
541testing dates based on a school district's academic calendar.
542
543The commissioner may, based on collaboration and input from
544school districts, design and implement student testing programs,
545for any grade level and subject area, necessary to effectively
546monitor educational achievement in the state, including the
547measurement of educational achievement of the Next Generation
548Sunshine State Standards for students with disabilities.
549Development and refinement of assessments shall include
550universal design principles and accessibility standards that
551will prevent any unintended obstacles for students with
552disabilities while ensuring the validity and reliability of the
553test. These principles should be applicable to all technology
554platforms and assistive devices available for the assessments.
555The field testing process and psychometric analyses for the
556statewide assessment program must include an appropriate
557percentage of students with disabilities and an evaluation or
558determination of the effect of test items on such students.
559     Section 21.  Except as otherwise expressly provided in this
560act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.