HB 111

A bill to be entitled
2An act relating to career education; amending s.
31003.4156, F.S.; revising the general requirements for
4middle grades promotion to require that a course in
5career and education planning explore Florida's Career
6Clusters; creating s. 1003.4287, F.S.; providing
7requirements for a career high school diploma;
8requiring a student and the student's parent to agree
9in writing to the requirements of the career diploma
10track; specifying the credits that must be
11successfully completed to receive a career diploma;
12requiring an intensive reading course or remediation
13in mathematics for a student who does not meet certain
14academic standards; requiring at least one course
15required for high school graduation to be completed
16through online learning; providing strategies to
17enable an exceptional student to meet graduation
18requirements for a career diploma; requiring district
19school board standards for graduation and policies to
20assist students in meeting the requirements; requiring
21rules for test accommodations and modifications of
22procedures for students with disabilities; providing
23for the award of a certificate of completion to a
24student who is unable to meet certain standards;
25providing conditions for the waiver of assessment
26requirements for a career diploma for a student with a
27disability; authorizing the State Board of Education
28to adopt rules; amending ss. 1002.321, 1002.33,
291002.45, 1003.03, 1003.413, 1003.428, 1003.438,
301003.493, 1003.4935, and 1008.22, F.S.; conforming
31provisions to changes made by the act; providing an
32effective date.
34Be It Enacted by the Legislature of the State of Florida:
36     Section 1.  Paragraph (a) of subsection (1) of section
371003.4156, Florida Statutes, is amended to read:
38     1003.4156  General requirements for middle grades
40     (1)  Promotion from a school composed of middle grades 6,
417, and 8 requires that:
42     (a)  The student must successfully complete academic
43courses as follows:
44     1.  Three middle school or higher courses in English. These
45courses shall emphasize literature, composition, and technical
47     2.  Three middle school or higher courses in mathematics.
48Each middle school must offer at least one high school level
49mathematics course for which students may earn high school
50credit. Successful completion of a high school level Algebra I
51or geometry course is not contingent upon the student's
52performance on the end-of-course assessment required under s.
531008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
54school year, to earn high school credit for an Algebra I course,
55a middle school student must pass the Algebra I end-of-course
56assessment, and beginning with the 2012-2013 school year, to
57earn high school credit for a geometry course, a middle school
58student must pass the geometry end-of-course assessment.
59     3.  Three middle school or higher courses in social
60studies, one semester of which must include the study of state
61and federal government and civics education. Beginning with
62students entering grade 6 in the 2012-2013 school year, one of
63these courses must be at least a one-semester civics education
64course that a student successfully completes in accordance with
65s. 1008.22(3)(c) and that includes the roles and
66responsibilities of federal, state, and local governments; the
67structures and functions of the legislative, executive, and
68judicial branches of government; and the meaning and
69significance of historic documents, such as the Articles of
70Confederation, the Declaration of Independence, and the
71Constitution of the United States.
72     4.  Three middle school or higher courses in science.
73Successful completion of a high school level Biology I course is
74not contingent upon the student's performance on the end-of-
75course assessment required under s. 1008.22(3)(c)2.a.(II).
76However, beginning with the 2012-2013 school year, to earn high
77school credit for a Biology I course, a middle school student
78must pass the Biology I end-of-course assessment.
79     5.  One course in career and education planning to be
80completed in 7th or 8th grade. The course may be taught by any
81member of the instructional staff; must include career
82exploration aligned to Florida's Career Clusters; must include
83career exploration using Florida CHOICES or a comparable cost-
84effective program; must include educational planning using the
85online student advising system known as Florida Academic
86Counseling and Tracking for Students at the Internet website
87FACTS.org; and shall result in the completion of a personalized
88academic and career plan. The required personalized academic and
89career plan must inform students of high school graduation
90requirements, high school assessment and college entrance test
91requirements, Florida Bright Futures Scholarship Program
92requirements, state university and Florida College System
93institution admission requirements, and programs through which a
94high school student can earn college credit, including Advanced
95Placement, International Baccalaureate, Advanced International
96Certificate of Education, dual enrollment, career academy
97opportunities, and courses that lead to national industry
100A student with a disability, as defined in s. 1007.02(2), for
101whom the individual education plan team determines that an end-
102of-course assessment cannot accurately measure the student's
103abilities, taking into consideration all allowable
104accommodations, shall have the end-of-course assessment results
105waived for purposes of determining the student's course grade
106and completing the requirements for middle grades promotion.
107Each school must hold a parent meeting either in the evening or
108on a weekend to inform parents about the course curriculum and
109activities. Each student shall complete an electronic personal
110education plan that must be signed by the student; the student's
111instructor, guidance counselor, or academic advisor; and the
112student's parent. The Department of Education shall develop
113course frameworks and professional development materials for the
114career exploration and education planning course. The course may
115be implemented as a stand-alone course or integrated into
116another course or courses. The Commissioner of Education shall
117collect longitudinal high school course enrollment data by
118student ethnicity in order to analyze course-taking patterns.
119     Section 2.  Section 1003.4287, Florida Statutes, is created
120to read:
121     1003.4287  Requirements for the career high school
123     (1)  Beginning with students entering grade 9 in the 2012-
1242013 school year, a career high school diploma shall be awarded
125to a student who successfully completes a minimum of 24 credits
126as required under this section. In order to pursue the career
127diploma, the student and the student's parent must sign a form
128confirming that they are aware of the requirements for the
129career track and agree to the minimum standards for successful
130completion. The school personnel designated to advise the
131student or the school principal must also sign the form to
132confirm that the school and the school district are aware of the
133student's intent to pursue the career diploma. The form shall be
134a standard form prescribed by the Department of Education and
135used in each school district. Students must be advised of
136eligibility requirements for state scholarship programs and
137postsecondary admissions.
138     (2)  The 24 credits may be earned through applied,
139integrated, and combined courses approved by the Department of
140Education and shall be distributed as follows:
141     (a)  Core curriculum credits:
142     1.  Four credits in English, with major concentration in
143composition, reading for information, and literature.
144     2.  Four credits in mathematics, one of which must be
145Algebra I, a series of courses equivalent to Algebra I, or a
146higher-level mathematics course. In addition to the Algebra I
147credit requirement, one of the four credits in mathematics must
148be geometry or a series of courses equivalent to geometry as
149approved by the State Board of Education. The end-of-course
150assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
151met in order for a student to earn the required credits in
152Algebra I and geometry.
153     3.  Three credits in science, two of which must have a
154laboratory component. One of the three credits in science must
155be Biology I or a series of courses equivalent to Biology I as
156approved by the State Board of Education. The end-of-course
157assessment requirements under s. 1008.22(3)(c)2.a.(II) must be
158met in order for a student to earn the required credit in
159Biology I.
160     4.  Three credits in social studies as follows: one credit
161in United States history; one credit in world history; one-half
162credit in economics; and one-half credit in United States
164     5.  One-half credit in fine or performing arts, speech and
165debate, or a practical arts course that incorporates artistic
166content and techniques of creativity, interpretation, and
167imagination. Eligible practical arts courses shall be identified
168through the Course Code Directory.
169     6.  One credit in physical education to include integration
170of health. Participation in an interscholastic sport at the
171junior varsity or varsity level for two full seasons shall
172satisfy the one-credit requirement in physical education if the
173student passes a competency test on personal fitness with a
174score of "C" or better. The competency test on personal fitness
175must be developed by the Department of Education. A district
176school board may not require that the one credit in physical
177education be taken during the 9th grade year. Completion of one
178semester with a grade of "C" or better in a marching band class,
179in a physical activity class that requires participation in
180marching band activities as an extracurricular activity, or in a
181dance class shall satisfy one-half credit in physical education
182or one-half credit in performing arts. This credit may not be
183used to satisfy the personal fitness requirement or the
184requirement for adaptive physical education under an individual
185education plan (IEP) or 504 plan. Completion of 2 years in a
186Reserve Officer Training Corps (R.O.T.C.) class, a significant
187component of which is drills, shall satisfy the one-credit
188requirement in physical education and the one-credit requirement
189in performing arts. This credit may not be used to satisfy the
190personal fitness requirement or the requirement for adaptive
191physical education under an individual education plan (IEP) or
192504 plan.
193     (b)  Seven credits in career or technical training. A
194student must receive at least a "C" average in each course to
195earn the required credit.
196     (c)  One-half credit in a career preparation or planning
197course. A student must receive at least a "C" average to earn
198the required credit.
199     (d)  One credit in an elective.
200     1.  For each year in which a student scores at Level 1 on
201FCAT Reading, the student must be enrolled in and complete an
202intensive reading course the following year. Placement of Level
2032 readers in either an intensive reading course or a content
204area course in which reading strategies are delivered shall be
205determined by diagnosis of reading needs. The department shall
206provide guidance on appropriate strategies for diagnosing and
207meeting the varying instructional needs of students reading
208below grade level. Reading courses shall be designed and offered
209pursuant to the comprehensive reading plan required by s.
2101011.62(9). A high school student who scores at Level 1 or Level
2112 on FCAT Reading but who did not score below Level 3 in the
212previous 3 years may be granted a 1-year exemption from the
213reading remediation requirement; however, the student must have
214an approved academic improvement plan already in place, signed
215by the appropriate school staff and the student's parent, for
216the year for which the exemption is granted.
217     2.  For each year in which a student scores at Level 1 or
218Level 2 on FCAT Mathematics, the student must receive
219remediation the following year. These courses may be taught
220through applied, integrated, or combined courses and are subject
221to approval by the department for inclusion in the Course Code
223     (e)  Beginning with students entering grade 9 in the 2012-
2242013 school year, at least one course within the 24 credits
225required in this subsection must be completed through online
226learning. However, an online course taken during grades 6
227through 8 fulfills this requirement. This requirement shall be
228met through an online course offered by the Florida Virtual
229School, an online course offered by the high school, or an
230online dual enrollment course offered pursuant to a district
231interinstitutional articulation agreement pursuant to s.
2321007.235. A student who is enrolled in a full-time or part-time
233virtual instruction program under s. 1002.45 meets this
235     (3)(a)  A district school board may require specific
236courses and programs of study within the minimum credit
237requirements for high school graduation and shall modify basic
238courses, as necessary, to assure exceptional students the
239opportunity to meet the graduation requirements for a career
240diploma, using one of the following strategies:
241     1.  Assignment of the exceptional student to an exceptional
242education class for instruction in a basic course with the same
243student performance standards as those required of
244nonexceptional students in the district school board student
245progression plan; or
246     2.  Assignment of the exceptional student to a basic
247education class for instruction that is modified to accommodate
248the student's exceptionality.
249     (b)  The district school board shall determine which of
250these strategies to employ based upon an assessment of the
251student's needs and shall reflect this decision in the student's
252individual education plan.
253     (4)  Each district school board shall establish standards
254for graduation from its schools, which must include:
255     (a)  Successful completion of the academic credit or
256curriculum requirements of subsections (1) and (2). For courses
257that require statewide, standardized end-of-course assessments
258under s. 1008.22(3)(c)2.d., a minimum of 30 percent of a
259student's course grade shall be comprised of performance on the
260statewide, standardized end-of-course assessment.
261     (b)  Earning passing scores on the FCAT, as defined in s.
2621008.22(3)(c), or scores on a standardized test that are
263concordant with passing scores on the FCAT, as defined in s.
265     (c)  Completion of all other applicable requirements
266prescribed by the district school board pursuant to s. 1008.25.
267     (d)  Achievement of a cumulative grade point average of 2.0
268on a 4.0 scale, or its equivalent, in the courses required by
269this section.
271Each district school board shall adopt policies designed to
272assist students in meeting the requirements of this subsection.
273These policies may include, but are not limited to: forgiveness
274policies, summer school or before or after school attendance,
275special counseling, volunteers or peer tutors, school-sponsored
276help sessions, homework hotlines, and study skills classes.
277Forgiveness policies for required courses shall be limited to
278replacing a grade of "D" or "F," or the equivalent of a grade of
279"D" or "F," with a grade of "C" or higher, or the equivalent of
280a grade of "C" or higher, earned subsequently in the same or
281comparable course. Forgiveness policies for elective courses
282shall be limited to replacing a grade of "D" or "F," or the
283equivalent of a grade of "D" or "F," with a grade of "C" or
284higher, or the equivalent of a grade of "C" or higher, earned
285subsequently in another course. The only exception to these
286forgiveness policies shall be made for a student in the middle
287grades who takes any high school course for high school credit
288and earns a grade of "C," "D," or "F" or the equivalent of a
289grade of "C," "D," or "F." In such case, the district
290forgiveness policy must allow the replacement of the grade with
291a grade of "C" or higher, or the equivalent of a grade of "C" or
292higher, earned subsequently in the same or comparable course. In
293all cases of grade forgiveness, only the new grade shall be used
294in the calculation of the student's grade point average. Any
295course grade not replaced according to a district school board
296forgiveness policy shall be included in the calculation of the
297cumulative grade point average required for graduation.
298     (5)  The State Board of Education, after a public hearing
299and consideration, shall adopt rules based upon the
300recommendations of the Commissioner of Education for the
301provision of test accommodations and modifications of procedures
302as necessary for students with disabilities which will
303demonstrate the student's abilities rather than reflect the
304student's impaired sensory, manual, speaking, or psychological
305process skills.
306     (6)  The public hearing and consideration required in
307subsection (5) shall not be construed to amend or nullify the
308requirements of security relating to the contents of
309examinations or assessment instruments and related materials or
310data as prescribed in s. 1008.23.
311     (7)(a)  A student who meets all requirements prescribed in
312subsections (1), (2), (3), and (4) shall be awarded a career
313diploma in a form prescribed by the State Board of Education.
314     (b)  A student who completes the minimum number of credits
315and other requirements prescribed by subsections (1), (2), and
316(3), but who is unable to meet the standards of paragraph
317(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
318a certificate of completion in a form prescribed by the State
319Board of Education. However, any student who is otherwise
320entitled to a certificate of completion may elect to remain in
321the secondary school either as a full-time student or a part-
322time student for up to 1 additional year and receive special
323instruction designed to remedy his or her identified
325     (8)(a)  Each district school board must provide instruction
326to prepare students with disabilities to demonstrate proficiency
327in the core content knowledge and skills necessary for
328successful grade-to-grade progression and high school
330     (b)1.  A student with a disability, as defined in s.
3311007.02(2), for whom the individual education plan (IEP)
332committee determines that the FCAT cannot accurately measure the
333student's abilities, taking into consideration all allowable
334accommodations, shall have the FCAT requirement of paragraph
335(4)(b) waived for the purpose of receiving a career diploma, if
336the student:
337     a.  Completes the minimum number of credits and other
338requirements prescribed by subsections (1), (2), and (3).
339     b.  Does not meet the requirements of paragraph (4)(b)
340after one opportunity in 10th grade and one opportunity in 11th
342     2.  A student with a disability, as defined in s.
3431007.02(2), for whom the IEP committee determines that an end-
344of-course assessment cannot accurately measure the student's
345abilities, taking into consideration all allowable
346accommodations, shall have the end-of-course assessment results
347waived for the purpose of determining the student's course grade
348and credit as required in paragraph (4)(a).
349     (9)  The State Board of Education may adopt rules pursuant
350to ss. 120.536(1) and 120.54 to implement the provisions of this
351section and may enforce the provisions of this section pursuant
352to s. 1008.32.
353     Section 3.  Subsection (3) of section 1002.321, Florida
354Statutes, is amended to read:
355     1002.321  Digital learning.-
356     (3)  DIGITAL PREPARATION.-Each student must graduate from
357high school having taken at least one online course, as provided
358in s. 1003.428 or s. 1003.4287.
359     Section 4.  Paragraph (a) of subsection (7) of section
3601002.33, Florida Statutes, is amended to read:
361     1002.33  Charter schools.-
362     (7)  CHARTER.-The major issues involving the operation of a
363charter school shall be considered in advance and written into
364the charter. The charter shall be signed by the governing board
365of the charter school and the sponsor, following a public
366hearing to ensure community input.
367     (a)  The charter shall address and criteria for approval of
368the charter shall be based on:
369     1.  The school's mission, the students to be served, and
370the ages and grades to be included.
371     2.  The focus of the curriculum, the instructional methods
372to be used, any distinctive instructional techniques to be
373employed, and identification and acquisition of appropriate
374technologies needed to improve educational and administrative
375performance which include a means for promoting safe, ethical,
376and appropriate uses of technology which comply with legal and
377professional standards.
378     a.  The charter shall ensure that reading is a primary
379focus of the curriculum and that resources are provided to
380identify and provide specialized instruction for students who
381are reading below grade level. The curriculum and instructional
382strategies for reading must be consistent with the Sunshine
383State Standards and grounded in scientifically based reading
385     b.  In order to provide students with access to diverse
386instructional delivery models, to facilitate the integration of
387technology within traditional classroom instruction, and to
388provide students with the skills they need to compete in the
38921st century economy, the Legislature encourages instructional
390methods for blended learning courses consisting of both
391traditional classroom and online instructional techniques.
392Charter schools may implement blended learning courses which
393combine traditional classroom instruction and virtual
394instruction. Students in a blended learning course must be full-
395time students of the charter school and receive the online
396instruction in a classroom setting at the charter school.
397Instructional personnel certified pursuant to s. 1012.55 who
398provide virtual instruction for blended learning courses may be
399employees of the charter school or may be under contract to
400provide instructional services to charter school students. At a
401minimum, such instructional personnel must hold an active state
402or school district adjunct certification under s. 1012.57 for
403the subject area of the blended learning course. The funding and
404performance accountability requirements for blended learning
405courses are the same as those for traditional courses.
406     3.  The current incoming baseline standard of student
407academic achievement, the outcomes to be achieved, and the
408method of measurement that will be used. The criteria listed in
409this subparagraph shall include a detailed description of:
410     a.  How the baseline student academic achievement levels
411and prior rates of academic progress will be established.
412     b.  How these baseline rates will be compared to rates of
413academic progress achieved by these same students while
414attending the charter school.
415     c.  To the extent possible, how these rates of progress
416will be evaluated and compared with rates of progress of other
417closely comparable student populations.
419The district school board is required to provide academic
420student performance data to charter schools for each of their
421students coming from the district school system, as well as
422rates of academic progress of comparable student populations in
423the district school system.
424     4.  The methods used to identify the educational strengths
425and needs of students and how well educational goals and
426performance standards are met by students attending the charter
427school. The methods shall provide a means for the charter school
428to ensure accountability to its constituents by analyzing
429student performance data and by evaluating the effectiveness and
430efficiency of its major educational programs. Students in
431charter schools shall, at a minimum, participate in the
432statewide assessment program created under s. 1008.22.
433     5.  In secondary charter schools, a method for determining
434that a student has satisfied the requirements for graduation in
435s. 1003.428, s. 1003.4287, s. 1003.429, or s. 1003.43.
436     6.  A method for resolving conflicts between the governing
437board of the charter school and the sponsor.
438     7.  The admissions procedures and dismissal procedures,
439including the school's code of student conduct.
440     8.  The ways by which the school will achieve a
441racial/ethnic balance reflective of the community it serves or
442within the racial/ethnic range of other public schools in the
443same school district.
444     9.  The financial and administrative management of the
445school, including a reasonable demonstration of the professional
446experience or competence of those individuals or organizations
447applying to operate the charter school or those hired or
448retained to perform such professional services and the
449description of clearly delineated responsibilities and the
450policies and practices needed to effectively manage the charter
451school. A description of internal audit procedures and
452establishment of controls to ensure that financial resources are
453properly managed must be included. Both public sector and
454private sector professional experience shall be equally valid in
455such a consideration.
456     10.  The asset and liability projections required in the
457application which are incorporated into the charter and shall be
458compared with information provided in the annual report of the
459charter school.
460     11.  A description of procedures that identify various
461risks and provide for a comprehensive approach to reduce the
462impact of losses; plans to ensure the safety and security of
463students and staff; plans to identify, minimize, and protect
464others from violent or disruptive student behavior; and the
465manner in which the school will be insured, including whether or
466not the school will be required to have liability insurance,
467and, if so, the terms and conditions thereof and the amounts of
469     12.  The term of the charter which shall provide for
470cancellation of the charter if insufficient progress has been
471made in attaining the student achievement objectives of the
472charter and if it is not likely that such objectives can be
473achieved before expiration of the charter. The initial term of a
474charter shall be for 4 or 5 years. In order to facilitate access
475to long-term financial resources for charter school
476construction, charter schools that are operated by a
477municipality or other public entity as provided by law are
478eligible for up to a 15-year charter, subject to approval by the
479district school board. A charter lab school is eligible for a
480charter for a term of up to 15 years. In addition, to facilitate
481access to long-term financial resources for charter school
482construction, charter schools that are operated by a private,
483not-for-profit, s. 501(c)(3) status corporation are eligible for
484up to a 15-year charter, subject to approval by the district
485school board. Such long-term charters remain subject to annual
486review and may be terminated during the term of the charter, but
487only according to the provisions set forth in subsection (8).
488     13.  The facilities to be used and their location.
489     14.  The qualifications to be required of the teachers and
490the potential strategies used to recruit, hire, train, and
491retain qualified staff to achieve best value.
492     15.  The governance structure of the school, including the
493status of the charter school as a public or private employer as
494required in paragraph (12)(i).
495     16.  A timetable for implementing the charter which
496addresses the implementation of each element thereof and the
497date by which the charter shall be awarded in order to meet this
499     17.  In the case of an existing public school that is being
500converted to charter status, alternative arrangements for
501current students who choose not to attend the charter school and
502for current teachers who choose not to teach in the charter
503school after conversion in accordance with the existing
504collective bargaining agreement or district school board rule in
505the absence of a collective bargaining agreement. However,
506alternative arrangements shall not be required for current
507teachers who choose not to teach in a charter lab school, except
508as authorized by the employment policies of the state university
509which grants the charter to the lab school.
510     18.  Full disclosure of the identity of all relatives
511employed by the charter school who are related to the charter
512school owner, president, chairperson of the governing board of
513directors, superintendent, governing board member, principal,
514assistant principal, or any other person employed by the charter
515school who has equivalent decisionmaking authority. For the
516purpose of this subparagraph, the term "relative" means father,
517mother, son, daughter, brother, sister, uncle, aunt, first
518cousin, nephew, niece, husband, wife, father-in-law, mother-in-
519law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
520stepfather, stepmother, stepson, stepdaughter, stepbrother,
521stepsister, half brother, or half sister.
522     19.  Implementation of the activities authorized under s.
5231002.331 by the charter school when it satisfies the eligibility
524requirements for a high-performing charter school. A high-
525performing charter school shall notify its sponsor in writing by
526March 1 if it intends to increase enrollment or expand grade
527levels the following school year. The written notice shall
528specify the amount of the enrollment increase and the grade
529levels that will be added, as applicable.
530     Section 5.  Paragraph (b) of subsection (4) of section
5311002.45, Florida Statutes, is amended to read:
532     1002.45  Virtual instruction programs.-
533     (4)  CONTRACT REQUIREMENTS.-Each contract with an approved
534provider must at minimum:
535     (b)  Provide a method for determining that a student has
536satisfied the requirements for graduation in s. 1003.428, s.
5371003.4287, s. 1003.429, or s. 1003.43 if the contract is for the
538provision of a full-time virtual instruction program to students
539in grades 9 through 12.
540     Section 6.  Subsection (6) of section 1003.03, Florida
541Statutes, is amended to read:
542     1003.03  Maximum class size.-
543     (6)  COURSES FOR COMPLIANCE.-Consistent with the provisions
544in ss. 1003.01(14), and 1003.428, and 1003.4287, the Department
545of Education shall identify from the Course Code Directory the
546core-curricula courses for the purpose of satisfying the maximum
547class size requirement in this section. The department may adopt
548rules to implement this subsection, if necessary.
549     Section 7.  Subsection (3) of section 1003.413, Florida
550Statutes, is amended to read:
551     1003.413  Florida Secondary School Redesign Act.-
552     (3)  Based on these guiding principles, district school
553boards shall establish policies to implement the requirements of
554ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies
555must address:
556     (a)  Procedures for placing and promoting students who
557enter a Florida public school at grade 6 through grade 12 from
558out of state or from a foreign country, including a review of
559the student's prior academic performance.
560     (b)  Alternative methods for students to demonstrate
561competency in required courses and credits, with special support
562for students who have been retained.
563     (c)  Applied, integrated, and combined courses that provide
564flexibility for students to enroll in courses that are creative
565and meet individual learning styles and student needs.
566     (d)  Credit recovery courses and intensive reading and
567mathematics intervention courses based on student performance on
568FCAT Reading and Mathematics. These courses should be competency
569based and offered through innovative delivery systems, including
570computer-assisted instruction. School districts should use
571learning gains as well as other appropriate data and provide
572incentives to identify and reward high-performing teachers who
573teach credit recovery and intensive intervention courses.
574     (e)  Grade forgiveness policies that replace a grade of "D"
575or "F" with a grade of "C" or higher earned subsequently in the
576same or a comparable course.
577     (f)  Summer academies for students to receive intensive
578reading and mathematics intervention courses or competency-based
579credit recovery courses. A student's participation in an
580instructional or remediation program prior to or immediately
581following entering grade 9 for the first time shall not affect
582that student's classification as a first-time 9th grader for
583reporting purposes.
584     (g)  Strategies to support teachers' pursuit of the reading
585endorsement and emphasize reading instruction professional
586development for content area teachers.
587     (h)  Creative and flexible scheduling designed to meet
588student needs.
589     (i)  An annual review of each high school student's
590electronic personal education plan created pursuant to s.
5911003.4156 and procedures for high school students who have not
592prepared an electronic personal education plan pursuant to s.
5931003.4156 to prepare such plan.
594     (j)  Tools for parents to regularly monitor student
595progress and communicate with teachers.
596     (k)  Additional course requirements for promotion and
597graduation which may be determined by each school district in
598the student progression plan and may include additional
599academic, fine and performing arts, physical education, or
600career and technical education courses in order to provide a
601complete education program pursuant to s. 1001.41(3).
602     Section 8.  Subsection (1) of section 1003.428, Florida
603Statutes, is amended to read:
604     1003.428  General requirements for high school graduation;
606     (1)  Except as otherwise authorized pursuant to s.
6071003.4287 or s. 1003.429, beginning with students entering grade
6089 in the 2007-2008 school year, graduation requires the
609successful completion of a minimum of 24 credits, an
610International Baccalaureate curriculum, or an Advanced
611International Certificate of Education curriculum. Students must
612be advised of eligibility requirements for state scholarship
613programs and postsecondary admissions.
614     Section 9.  Section 1003.438, Florida Statutes, is amended
615to read:
616     1003.438  Special high school graduation requirements for
617certain exceptional students.-A student who has been identified,
618in accordance with rules established by the State Board of
619Education, as a student with disabilities who has an
620intellectual disability; an autism spectrum disorder; a language
621impairment; an orthopedic impairment; an other health
622impairment; a traumatic brain injury; an emotional or behavioral
623disability; a specific learning disability, including, but not
624limited to, dyslexia, dyscalculia, or developmental aphasia; or
625students who are deaf or hard of hearing or dual sensory
626impaired shall not be required to meet all requirements of s.
6271003.43, or s. 1003.428, or s. 1003.4287 and shall, upon meeting
628all applicable requirements prescribed by the district school
629board pursuant to s. 1008.25, be awarded a special diploma in a
630form prescribed by the commissioner; however, such special
631graduation requirements prescribed by the district school board
632must include minimum graduation requirements as prescribed by
633the commissioner. Any such student who meets all special
634requirements of the district school board, but is unable to meet
635the appropriate special state minimum requirements, shall be
636awarded a special certificate of completion in a form prescribed
637by the commissioner. However, this section does not limit or
638restrict the right of an exceptional student solely to a special
639diploma or special certificate of completion. Any such student
640shall, upon proper request, be afforded the opportunity to fully
641meet all requirements of s. 1003.43, or s. 1003.428, or s.
6421003.4287 through the standard procedures established therein
643and thereby to qualify for a standard diploma or a career
644diploma upon graduation.
645     Section 10.  Paragraph (g) of subsection (4) of section
6461003.493, Florida Statutes, is amended to read:
647     1003.493  Career and professional academies.-
648     (4)  Each career and professional academy must:
649     (g)  Deliver academic content through instruction relevant
650to the career, including intensive reading and mathematics
651intervention required by s. 1003.428 or s. 1003.4287, with an
652emphasis on strengthening reading for information skills.
653     Section 11.  Paragraph (c) of subsection (2) of section
6541003.4935, Florida Statutes, is amended to read:
655     1003.4935  Middle school career and professional academy
657     (2)  Each middle school career and professional academy
658must be aligned with at least one high school career and
659professional academy offered in the district and maintain
660partnerships with local business and industry and economic
661development boards. Middle school career and professional
662academies must:
663     (c)  Offer courses that integrate career and professional
664academy content with intensive reading and mathematics pursuant
665to s. 1003.428 or s. 1003.4287;
666     Section 12.  Paragraph (c) of subsection (3) and paragraphs
667(b) and (c) of subsection (9) of section 1008.22, Florida
668Statutes, are amended to read:
669     1008.22  Student assessment program for public schools.-
670     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
671design and implement a statewide program of educational
672assessment that provides information for the improvement of the
673operation and management of the public schools, including
674schools operating for the purpose of providing educational
675services to youth in Department of Juvenile Justice programs.
676The commissioner may enter into contracts for the continued
677administration of the assessment, testing, and evaluation
678programs authorized and funded by the Legislature. Contracts may
679be initiated in 1 fiscal year and continue into the next and may
680be paid from the appropriations of either or both fiscal years.
681The commissioner is authorized to negotiate for the sale or
682lease of tests, scoring protocols, test scoring services, and
683related materials developed pursuant to law. Pursuant to the
684statewide assessment program, the commissioner shall:
685     (c)  Develop and implement a student achievement testing
686program as follows:
687     1.  The Florida Comprehensive Assessment Test (FCAT)
688measures a student's content knowledge and skills in reading,
689writing, science, and mathematics. The content knowledge and
690skills assessed by the FCAT must be aligned to the core
691curricular content established in the Next Generation Sunshine
692State Standards. Other content areas may be included as directed
693by the commissioner. Comprehensive assessments of reading and
694mathematics shall be administered annually in grades 3 through
69510 except, beginning with the 2010-2011 school year, the
696administration of grade 9 FCAT Mathematics shall be
697discontinued, and beginning with the 2011-2012 school year, the
698administration of grade 10 FCAT Mathematics shall be
699discontinued, except as required for students who have not
700attained minimum performance expectations for graduation as
701provided in paragraph (9)(c). FCAT Writing and FCAT Science
702shall be administered at least once at the elementary, middle,
703and high school levels except, beginning with the 2011-2012
704school year, the administration of FCAT Science at the high
705school level shall be discontinued.
706     2.a.  End-of-course assessments for a subject shall be
707administered in addition to the comprehensive assessments
708required under subparagraph 1. End-of-course assessments must be
709rigorous, statewide, standardized, and developed or approved by
710the department. The content knowledge and skills assessed by
711end-of-course assessments must be aligned to the core curricular
712content established in the Next Generation Sunshine State
714     (I)  Statewide, standardized end-of-course assessments in
715mathematics shall be administered according to this sub-sub-
716subparagraph. Beginning with the 2010-2011 school year, all
717students enrolled in Algebra I or an equivalent course must take
718the Algebra I end-of-course assessment. For students entering
719grade 9 during the 2010-2011 school year and who are enrolled in
720Algebra I or an equivalent, each student's performance on the
721end-of-course assessment in Algebra I shall constitute 30
722percent of the student's final course grade. Beginning with
723students entering grade 9 in the 2011-2012 school year, a
724student who is enrolled in Algebra I or an equivalent must earn
725a passing score on the end-of-course assessment in Algebra I or
726attain an equivalent score as described in subsection (11) in
727order to earn course credit. Beginning with the 2011-2012 school
728year, all students enrolled in geometry or an equivalent course
729must take the geometry end-of-course assessment. For students
730entering grade 9 during the 2011-2012 school year, each
731student's performance on the end-of-course assessment in
732geometry shall constitute 30 percent of the student's final
733course grade. Beginning with students entering grade 9 during
734the 2012-2013 school year, a student must earn a passing score
735on the end-of-course assessment in geometry or attain an
736equivalent score as described in subsection (11) in order to
737earn course credit.
738     (II)  Statewide, standardized end-of-course assessments in
739science shall be administered according to this sub-sub-
740subparagraph. Beginning with the 2011-2012 school year, all
741students enrolled in Biology I or an equivalent course must take
742the Biology I end-of-course assessment. For the 2011-2012 school
743year, each student's performance on the end-of-course assessment
744in Biology I shall constitute 30 percent of the student's final
745course grade. Beginning with students entering grade 9 during
746the 2012-2013 school year, a student must earn a passing score
747on the end-of-course assessment in Biology I in order to earn
748course credit.
749     b.  During the 2012-2013 school year, an end-of-course
750assessment in civics education shall be administered as a field
751test at the middle school level. During the 2013-2014 school
752year, each student's performance on the statewide, standardized
753end-of-course assessment in civics education shall constitute 30
754percent of the student's final course grade. Beginning with the
7552014-2015 school year, a student must earn a passing score on
756the end-of-course assessment in civics education in order to
757pass the course and be promoted from the middle grades. The
758school principal of a middle school shall determine, in
759accordance with State Board of Education rule, whether a student
760who transfers to the middle school and who has successfully
761completed a civics education course at the student's previous
762school must take an end-of-course assessment in civics
764     c.  The commissioner may select one or more nationally
765developed comprehensive examinations, which may include, but
766need not be limited to, examinations for a College Board
767Advanced Placement course, International Baccalaureate course,
768or Advanced International Certificate of Education course, or
769industry-approved examinations to earn national industry
770certifications identified in the Industry Certification Funding
771List, pursuant to rules adopted by the State Board of Education,
772for use as end-of-course assessments under this paragraph, if
773the commissioner determines that the content knowledge and
774skills assessed by the examinations meet or exceed the grade
775level expectations for the core curricular content established
776for the course in the Next Generation Sunshine State Standards.
777The commissioner may collaborate with the American Diploma
778Project in the adoption or development of rigorous end-of-course
779assessments that are aligned to the Next Generation Sunshine
780State Standards.
781     d.  Contingent upon funding provided in the General
782Appropriations Act, including the appropriation of funds
783received through federal grants, the Commissioner of Education
784shall establish an implementation schedule for the development
785and administration of additional statewide, standardized end-of-
786course assessments in English/Language Arts II, Algebra II,
787chemistry, physics, earth/space science, United States history,
788and world history. Priority shall be given to the development of
789end-of-course assessments in English/Language Arts II. The
790Commissioner of Education shall evaluate the feasibility and
791effect of transitioning from the grade 9 and grade 10 FCAT
792Reading and high school level FCAT Writing to an end-of-course
793assessment in English/Language Arts II. The commissioner shall
794report the results of the evaluation to the President of the
795Senate and the Speaker of the House of Representatives no later
796than July 1, 2011.
797     3.  The testing program shall measure student content
798knowledge and skills adopted by the State Board of Education as
799specified in paragraph (a) and measure and report student
800performance levels of all students assessed in reading, writing,
801mathematics, and science. The commissioner shall provide for the
802tests to be developed or obtained, as appropriate, through
803contracts and project agreements with private vendors, public
804vendors, public agencies, postsecondary educational
805institutions, or school districts. The commissioner shall obtain
806input with respect to the design and implementation of the
807testing program from state educators, assistive technology
808experts, and the public.
809     4.  The testing program shall be composed of criterion-
810referenced tests that shall, to the extent determined by the
811commissioner, include test items that require the student to
812produce information or perform tasks in such a way that the core
813content knowledge and skills he or she uses can be measured.
814     5.  FCAT Reading, Mathematics, and Science and all
815statewide, standardized end-of-course assessments shall measure
816the content knowledge and skills a student has attained on the
817assessment by the use of scaled scores and achievement levels.
818Achievement levels shall range from 1 through 5, with level 1
819being the lowest achievement level, level 5 being the highest
820achievement level, and level 3 indicating satisfactory
821performance on an assessment. For purposes of FCAT Writing,
822student achievement shall be scored using a scale of 1 through 6
823and the score earned shall be used in calculating school grades.
824A score shall be designated for each subject area tested, below
825which score a student's performance is deemed inadequate. The
826school districts shall provide appropriate remedial instruction
827to students who score below these levels.
828     6.  The State Board of Education shall, by rule, designate
829a passing score for each part of the grade 10 assessment test
830and end-of-course assessments. Any rule that has the effect of
831raising the required passing scores may apply only to students
832taking the assessment for the first time after the rule is
833adopted by the State Board of Education. Except as otherwise
834provided in this subparagraph and as provided in s.
8351003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b),
836students must earn a passing score on grade 10 FCAT Reading and
837grade 10 FCAT Mathematics or attain concordant scores as
838described in subsection (10) in order to qualify for a standard
839or career high school diploma.
840     7.  In addition to designating a passing score under
841subparagraph 6., the State Board of Education shall also
842designate, by rule, a score for each statewide, standardized
843end-of-course assessment which indicates that a student is high
844achieving and has the potential to meet college-readiness
845standards by the time the student graduates from high school.
846     8.  Participation in the testing program is mandatory for
847all students attending public school, including students served
848in Department of Juvenile Justice programs, except as otherwise
849prescribed by the commissioner. A student who has not earned
850passing scores on the grade 10 FCAT as provided in subparagraph
8516. must participate in each retake of the assessment until the
852student earns passing scores or achieves scores on a
853standardized assessment which are concordant with passing scores
854pursuant to subsection (10). If a student does not participate
855in the statewide assessment, the district must notify the
856student's parent and provide the parent with information
857regarding the implications of such nonparticipation. A parent
858must provide signed consent for a student to receive classroom
859instructional accommodations that would not be available or
860permitted on the statewide assessments and must acknowledge in
861writing that he or she understands the implications of such
862instructional accommodations. The State Board of Education shall
863adopt rules, based upon recommendations of the commissioner, for
864the provision of test accommodations for students in exceptional
865education programs and for students who have limited English
866proficiency. Accommodations that negate the validity of a
867statewide assessment are not allowable in the administration of
868the FCAT or an end-of-course assessment. However, instructional
869accommodations are allowable in the classroom if included in a
870student's individual education plan. Students using
871instructional accommodations in the classroom that are not
872allowable as accommodations on the FCAT or an end-of-course
873assessment may have the FCAT or an end-of-course assessment
874requirement waived pursuant to the requirements of s.
8751003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b).
876     9.  A student seeking an adult high school diploma must
877meet the same testing requirements that a regular high school
878student must meet.
879     10.  District school boards must provide instruction to
880prepare students in the core curricular content established in
881the Next Generation Sunshine State Standards adopted under s.
8821003.41, including the core content knowledge and skills
883necessary for successful grade-to-grade progression and high
884school graduation. If a student is provided with instructional
885accommodations in the classroom that are not allowable as
886accommodations in the statewide assessment program, as described
887in the test manuals, the district must inform the parent in
888writing and must provide the parent with information regarding
889the impact on the student's ability to meet expected performance
890levels in reading, writing, mathematics, and science. The
891commissioner shall conduct studies as necessary to verify that
892the required core curricular content is part of the district
893instructional programs.
894     11.  District school boards must provide opportunities for
895students to demonstrate an acceptable performance level on an
896alternative standardized assessment approved by the State Board
897of Education following enrollment in summer academies.
898     12.  The Department of Education must develop, or select,
899and implement a common battery of assessment tools that will be
900used in all juvenile justice programs in the state. These tools
901must accurately measure the core curricular content established
902in the Next Generation Sunshine State Standards.
903     13.  For students seeking a special diploma pursuant to s.
9041003.438, the Department of Education must develop or select and
905implement an alternate assessment tool that accurately measures
906the core curricular content established in the Next Generation
907Sunshine State Standards for students with disabilities under s.
909     14.  The Commissioner of Education shall establish
910schedules for the administration of statewide assessments and
911the reporting of student test results. When establishing the
912schedules for the administration of statewide assessments, the
913commissioner shall consider the observance of religious and
914school holidays. The commissioner shall, by August 1 of each
915year, notify each school district in writing and publish on the
916department's Internet website the testing and reporting
917schedules for, at a minimum, the school year following the
918upcoming school year. The testing and reporting schedules shall
919require that:
920     a.  There is the latest possible administration of
921statewide assessments and the earliest possible reporting to the
922school districts of student test results which is feasible
923within available technology and specific appropriations;
924however, test results for the FCAT must be made available no
925later than the week of June 8. Student results for end-of-course
926assessments must be provided no later than 1 week after the
927school district completes testing for each course. The
928commissioner may extend the reporting schedule under exigent
930     b.  FCAT Writing may not be administered earlier than the
931week of March 1, and a comprehensive statewide assessment of any
932other subject may not be administered earlier than the week of
933April 15.
934     c.  A statewide, standardized end-of-course assessment is
935administered at the end of the course. The commissioner shall
936select an administration period for assessments that meets the
937intent of end-of-course assessments and provides student results
938prior to the end of the course. School districts shall
939administer tests in accordance with the schedule determined by
940the commissioner. For an end-of-course assessment administered
941at the end of the first semester, the commissioner shall
942determine the most appropriate testing dates based on a review
943of each school district's academic calendar.
945The commissioner may, based on collaboration and input from
946school districts, design and implement student testing programs,
947for any grade level and subject area, necessary to effectively
948monitor educational achievement in the state, including the
949measurement of educational achievement of the Next Generation
950Sunshine State Standards for students with disabilities.
951Development and refinement of assessments shall include
952universal design principles and accessibility standards that
953will prevent any unintended obstacles for students with
954disabilities while ensuring the validity and reliability of the
955test. These principles should be applicable to all technology
956platforms and assistive devices available for the assessments.
957The field testing process and psychometric analyses for the
958statewide assessment program must include an appropriate
959percentage of students with disabilities and an evaluation or
960determination of the effect of test items on such students.
962     (b)  A student must attain the passing scores on the
963statewide assessment required for a standard or career high
964school diploma or for high school course credits under sub-sub-
965subparagraphs (3)(c)2.a.(I) and (II) which are in effect at the
966time the student enters grade 9. If a student transfers into a
967high school, the school principal shall determine, in accordance
968with State Board of Education rule, whether the student must
969take an end-of-course assessment in a course for which the
970student has credit that was earned from the previous school.
971     (c)  If the commissioner revises a statewide assessment and
972the revisions require the State Board of Education to modify the
973passing scores required for a standard or career high school
974diploma or for high school course credits under sub-sub-
975subparagraphs (3)(c)2.a.(I) and (II), the commissioner may, with
976approval of the state board, discontinue administration of the
977former assessment upon the graduation, based on normal student
978progression, of students participating in the final regular
979administration of the former assessment. The state board shall
980adopt by rule passing scores for the revised assessment which
981are statistically equivalent to passing scores on the
982discontinued assessment for a student required under paragraph
983(b) to attain passing scores on the discontinued assessment.
984     Section 13.  This act shall take effect upon becoming a

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