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