HB 111

1	A bill to be entitled
2	An act relating to career education; amending s.
3	1003.4156, F.S.; revising the general requirements for
4	middle grades promotion to require that a course in
5	career and education planning explore Florida's Career
6	Clusters; creating s. 1003.4287, F.S.; providing
7	requirements for a career high school diploma;
8	requiring a student and the student's parent to agree
9	in writing to the requirements of the career diploma
10	track; specifying the credits that must be
11	successfully completed to receive a career diploma;
12	requiring an intensive reading course or remediation
13	in mathematics for a student who does not meet certain
14	academic standards; requiring at least one course
15	required for high school graduation to be completed
16	through online learning; providing strategies to
17	enable an exceptional student to meet graduation
18	requirements for a career diploma; requiring district
19	school board standards for graduation and policies to
20	assist students in meeting the requirements; requiring
21	rules for test accommodations and modifications of
22	procedures for students with disabilities; providing
23	for the award of a certificate of completion to a
24	student who is unable to meet certain standards;
25	providing conditions for the waiver of assessment
26	requirements for a career diploma for a student with a
27	disability; authorizing the State Board of Education
28	to adopt rules; amending ss. 1002.321, 1002.33,
29	1002.45, 1003.03, 1003.413, 1003.428, 1003.438,
30	1003.493, 1003.4935, and 1008.22, F.S.; conforming
31	provisions to changes made by the act; providing an
32	effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Paragraph (a) of subsection (1) of section
37	1003.4156, Florida Statutes, is amended to read:
38	1003.4156  General requirements for middle grades
39	promotion.-
40	(1)  Promotion from a school composed of middle grades 6,
41	7, and 8 requires that:
42	(a)  The student must successfully complete academic
43	courses as follows:
44	1.  Three middle school or higher courses in English. These
45	courses shall emphasize literature, composition, and technical
46	text.
47	2.  Three middle school or higher courses in mathematics.
48	Each middle school must offer at least one high school level
49	mathematics course for which students may earn high school
50	credit. Successful completion of a high school level Algebra I
51	or geometry course is not contingent upon the student's
52	performance on the end-of-course assessment required under s.
53	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
54	school year, to earn high school credit for an Algebra I course,
55	a middle school student must pass the Algebra I end-of-course
56	assessment, and beginning with the 2012-2013 school year, to
57	earn high school credit for a geometry course, a middle school
58	student must pass the geometry end-of-course assessment.
59	3.  Three middle school or higher courses in social
60	studies, one semester of which must include the study of state
61	and federal government and civics education. Beginning with
62	students entering grade 6 in the 2012-2013 school year, one of
63	these courses must be at least a one-semester civics education
64	course that a student successfully completes in accordance with
65	s. 1008.22(3)(c) and that includes the roles and
66	responsibilities of federal, state, and local governments; the
67	structures and functions of the legislative, executive, and
68	judicial branches of government; and the meaning and
69	significance of historic documents, such as the Articles of
70	Confederation, the Declaration of Independence, and the
71	Constitution of the United States.
72	4.  Three middle school or higher courses in science.
73	Successful completion of a high school level Biology I course is
74	not contingent upon the student's performance on the end-of-
75	course assessment required under s. 1008.22(3)(c)2.a.(II).
76	However, beginning with the 2012-2013 school year, to earn high
77	school credit for a Biology I course, a middle school student
78	must pass the Biology I end-of-course assessment.
79	5.  One course in career and education planning to be
80	completed in 7th or 8th grade. The course may be taught by any
81	member of the instructional staff; must include career
82	exploration aligned to Florida's Career Clusters; must include
83	career exploration using Florida CHOICES or a comparable cost-
84	effective program; must include educational planning using the
85	online student advising system known as Florida Academic
86	Counseling and Tracking for Students at the Internet website
87	FACTS.org; and shall result in the completion of a personalized
88	academic and career plan. The required personalized academic and
89	career plan must inform students of high school graduation
90	requirements, high school assessment and college entrance test
91	requirements, Florida Bright Futures Scholarship Program
92	requirements, state university and Florida College System
93	institution admission requirements, and programs through which a
94	high school student can earn college credit, including Advanced
95	Placement, International Baccalaureate, Advanced International
96	Certificate of Education, dual enrollment, career academy
97	opportunities, and courses that lead to national industry
98	certification.
99
100	A student with a disability, as defined in s. 1007.02(2), for
101	whom the individual education plan team determines that an end-
102	of-course assessment cannot accurately measure the student's
103	abilities, taking into consideration all allowable
104	accommodations, shall have the end-of-course assessment results
105	waived for purposes of determining the student's course grade
106	and completing the requirements for middle grades promotion.
107	Each school must hold a parent meeting either in the evening or
108	on a weekend to inform parents about the course curriculum and
109	activities. Each student shall complete an electronic personal
110	education plan that must be signed by the student; the student's
111	instructor, guidance counselor, or academic advisor; and the
112	student's parent. The Department of Education shall develop
113	course frameworks and professional development materials for the
114	career exploration and education planning course. The course may
115	be implemented as a stand-alone course or integrated into
116	another course or courses. The Commissioner of Education shall
117	collect longitudinal high school course enrollment data by
118	student ethnicity in order to analyze course-taking patterns.
119	Section 2.  Section 1003.4287, Florida Statutes, is created
120	to read:
121	1003.4287  Requirements for the career high school
122	diploma.-
123	(1)  Beginning with students entering grade 9 in the 2012-
124	2013 school year, a career high school diploma shall be awarded
125	to a student who successfully completes a minimum of 24 credits
126	as required under this section. In order to pursue the career
127	diploma, the student and the student's parent must sign a form
128	confirming that they are aware of the requirements for the
129	career track and agree to the minimum standards for successful
130	completion. The school personnel designated to advise the
131	student or the school principal must also sign the form to
132	confirm that the school and the school district are aware of the
133	student's intent to pursue the career diploma. The form shall be
134	a standard form prescribed by the Department of Education and
135	used in each school district. Students must be advised of
136	eligibility requirements for state scholarship programs and
137	postsecondary admissions.
138	(2)  The 24 credits may be earned through applied,
139	integrated, and combined courses approved by the Department of
140	Education and shall be distributed as follows:
141	(a)  Core curriculum credits:
142	1.  Four credits in English, with major concentration in
143	composition, reading for information, and literature.
144	2.  Four credits in mathematics, one of which must be
145	Algebra I, a series of courses equivalent to Algebra I, or a
146	higher-level mathematics course. In addition to the Algebra I
147	credit requirement, one of the four credits in mathematics must
148	be geometry or a series of courses equivalent to geometry as
149	approved by the State Board of Education. The end-of-course
150	assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
151	met in order for a student to earn the required credits in
152	Algebra I and geometry.
153	3.  Three credits in science, two of which must have a
154	laboratory component. One of the three credits in science must
155	be Biology I or a series of courses equivalent to Biology I as
156	approved by the State Board of Education. The end-of-course
157	assessment requirements under s. 1008.22(3)(c)2.a.(II) must be
158	met in order for a student to earn the required credit in
159	Biology I.
160	4.  Three credits in social studies as follows: one credit
161	in United States history; one credit in world history; one-half
162	credit in economics; and one-half credit in United States
163	government.
164	5.  One-half credit in fine or performing arts, speech and
165	debate, or a practical arts course that incorporates artistic
166	content and techniques of creativity, interpretation, and
167	imagination. Eligible practical arts courses shall be identified
168	through the Course Code Directory.
169	6.  One credit in physical education to include integration
170	of health. Participation in an interscholastic sport at the
171	junior varsity or varsity level for two full seasons shall
172	satisfy the one-credit requirement in physical education if the
173	student passes a competency test on personal fitness with a
174	score of "C" or better. The competency test on personal fitness
175	must be developed by the Department of Education. A district
176	school board may not require that the one credit in physical
177	education be taken during the 9th grade year. Completion of one
178	semester with a grade of "C" or better in a marching band class,
179	in a physical activity class that requires participation in
180	marching band activities as an extracurricular activity, or in a
181	dance class shall satisfy one-half credit in physical education
182	or one-half credit in performing arts. This credit may not be
183	used to satisfy the personal fitness requirement or the
184	requirement for adaptive physical education under an individual
185	education plan (IEP) or 504 plan. Completion of 2 years in a
186	Reserve Officer Training Corps (R.O.T.C.) class, a significant
187	component of which is drills, shall satisfy the one-credit
188	requirement in physical education and the one-credit requirement
189	in performing arts. This credit may not be used to satisfy the
190	personal fitness requirement or the requirement for adaptive
191	physical education under an individual education plan (IEP) or
192	504 plan.
193	(b)  Seven credits in career or technical training. A
194	student must receive at least a "C" average in each course to
195	earn the required credit.
196	(c)  One-half credit in a career preparation or planning
197	course. A student must receive at least a "C" average to earn
198	the required credit.
199	(d)  One credit in an elective.
200	1.  For each year in which a student scores at Level 1 on
201	FCAT Reading, the student must be enrolled in and complete an
202	intensive reading course the following year. Placement of Level
203	2 readers in either an intensive reading course or a content
204	area course in which reading strategies are delivered shall be
205	determined by diagnosis of reading needs. The department shall
206	provide guidance on appropriate strategies for diagnosing and
207	meeting the varying instructional needs of students reading
208	below grade level. Reading courses shall be designed and offered
209	pursuant to the comprehensive reading plan required by s.
210	1011.62(9). A high school student who scores at Level 1 or Level
211	2 on FCAT Reading but who did not score below Level 3 in the
212	previous 3 years may be granted a 1-year exemption from the
213	reading remediation requirement; however, the student must have
214	an approved academic improvement plan already in place, signed
215	by the appropriate school staff and the student's parent, for
216	the year for which the exemption is granted.
217	2.  For each year in which a student scores at Level 1 or
218	Level 2 on FCAT Mathematics, the student must receive
219	remediation the following year. These courses may be taught
220	through applied, integrated, or combined courses and are subject
221	to approval by the department for inclusion in the Course Code
222	Directory.
223	(e)  Beginning with students entering grade 9 in the 2012-
224	2013 school year, at least one course within the 24 credits
225	required in this subsection must be completed through online
226	learning. However, an online course taken during grades 6
227	through 8 fulfills this requirement. This requirement shall be
228	met through an online course offered by the Florida Virtual
229	School, an online course offered by the high school, or an
230	online dual enrollment course offered pursuant to a district
231	interinstitutional articulation agreement pursuant to s.
232	1007.235. A student who is enrolled in a full-time or part-time
233	virtual instruction program under s. 1002.45 meets this
234	requirement.
235	(3)(a)  A district school board may require specific
236	courses and programs of study within the minimum credit
237	requirements for high school graduation and shall modify basic
238	courses, as necessary, to assure exceptional students the
239	opportunity to meet the graduation requirements for a career
240	diploma, using one of the following strategies:
241	1.  Assignment of the exceptional student to an exceptional
242	education class for instruction in a basic course with the same
243	student performance standards as those required of
244	nonexceptional students in the district school board student
245	progression plan; or
246	2.  Assignment of the exceptional student to a basic
247	education class for instruction that is modified to accommodate
248	the student's exceptionality.
249	(b)  The district school board shall determine which of
250	these strategies to employ based upon an assessment of the
251	student's needs and shall reflect this decision in the student's
252	individual education plan.
253	(4)  Each district school board shall establish standards
254	for graduation from its schools, which must include:
255	(a)  Successful completion of the academic credit or
256	curriculum requirements of subsections (1) and (2). For courses
257	that require statewide, standardized end-of-course assessments
258	under s. 1008.22(3)(c)2.d., a minimum of 30 percent of a
259	student's course grade shall be comprised of performance on the
260	statewide, standardized end-of-course assessment.
261	(b)  Earning passing scores on the FCAT, as defined in s.
262	1008.22(3)(c), or scores on a standardized test that are
263	concordant with passing scores on the FCAT, as defined in s.
264	1008.22(10).
265	(c)  Completion of all other applicable requirements
266	prescribed by the district school board pursuant to s. 1008.25.
267	(d)  Achievement of a cumulative grade point average of 2.0
268	on a 4.0 scale, or its equivalent, in the courses required by
269	this section.
270
271	Each district school board shall adopt policies designed to
272	assist students in meeting the requirements of this subsection.
273	These policies may include, but are not limited to: forgiveness
274	policies, summer school or before or after school attendance,
275	special counseling, volunteers or peer tutors, school-sponsored
276	help sessions, homework hotlines, and study skills classes.
277	Forgiveness policies for required courses shall be limited to
278	replacing 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
280	a grade of "C" or higher, earned subsequently in the same or
281	comparable course. Forgiveness policies for elective courses
282	shall be limited to replacing a grade of "D" or "F," or the
283	equivalent of a grade of "D" or "F," with a grade of "C" or
284	higher, or the equivalent of a grade of "C" or higher, earned
285	subsequently in another course. The only exception to these
286	forgiveness policies shall be made for a student in the middle
287	grades who takes any high school course for high school credit
288	and earns a grade of "C," "D," or "F" or the equivalent of a
289	grade of "C," "D," or "F." In such case, the district
290	forgiveness policy must allow the replacement of the grade with
291	a grade of "C" or higher, or the equivalent of a grade of "C" or
292	higher, earned subsequently in the same or comparable course. In
293	all cases of grade forgiveness, only the new grade shall be used
294	in the calculation of the student's grade point average. Any
295	course grade not replaced according to a district school board
296	forgiveness policy shall be included in the calculation of the
297	cumulative grade point average required for graduation.
298	(5)  The State Board of Education, after a public hearing
299	and consideration, shall adopt rules based upon the
300	recommendations of the Commissioner of Education for the
301	provision of test accommodations and modifications of procedures
302	as necessary for students with disabilities which will
303	demonstrate the student's abilities rather than reflect the
304	student's impaired sensory, manual, speaking, or psychological
305	process skills.
306	(6)  The public hearing and consideration required in
307	subsection (5) shall not be construed to amend or nullify the
308	requirements of security relating to the contents of
309	examinations or assessment instruments and related materials or
310	data as prescribed in s. 1008.23.
311	(7)(a)  A student who meets all requirements prescribed in
312	subsections (1), (2), (3), and (4) shall be awarded a career
313	diploma in a form prescribed by the State Board of Education.
314	(b)  A student who completes the minimum number of credits
315	and 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
318	a certificate of completion in a form prescribed by the State
319	Board of Education. However, any student who is otherwise
320	entitled to a certificate of completion may elect to remain in
321	the secondary school either as a full-time student or a part-
322	time student for up to 1 additional year and receive special
323	instruction designed to remedy his or her identified
324	deficiencies.
325	(8)(a)  Each district school board must provide instruction
326	to prepare students with disabilities to demonstrate proficiency
327	in the core content knowledge and skills necessary for
328	successful grade-to-grade progression and high school
329	graduation.
330	(b)1.  A student with a disability, as defined in s.
331	1007.02(2), for whom the individual education plan (IEP)
332	committee determines that the FCAT cannot accurately measure the
333	student's abilities, taking into consideration all allowable
334	accommodations, shall have the FCAT requirement of paragraph
335	(4)(b) waived for the purpose of receiving a career diploma, if
336	the student:
337	a.  Completes the minimum number of credits and other
338	requirements prescribed by subsections (1), (2), and (3).
339	b.  Does not meet the requirements of paragraph (4)(b)
340	after one opportunity in 10th grade and one opportunity in 11th
341	grade.
342	2.  A student with a disability, as defined in s.
343	1007.02(2), for whom the IEP committee determines that an end-
344	of-course assessment cannot accurately measure the student's
345	abilities, taking into consideration all allowable
346	accommodations, shall have the end-of-course assessment results
347	waived for the purpose of determining the student's course grade
348	and credit as required in paragraph (4)(a).
349	(9)  The State Board of Education may adopt rules pursuant
350	to ss. 120.536(1) and 120.54 to implement the provisions of this
351	section and may enforce the provisions of this section pursuant
352	to s. 1008.32.
353	Section 3.  Subsection (3) of section 1002.321, Florida
354	Statutes, is amended to read:
355	1002.321  Digital learning.-
356	(3)  DIGITAL PREPARATION.-Each student must graduate from
357	high school having taken at least one online course, as provided
358	in s. 1003.428 or s. 1003.4287.
359	Section 4.  Paragraph (a) of subsection (7) of section
360	1002.33, Florida Statutes, is amended to read:
361	1002.33  Charter schools.-
362	(7)  CHARTER.-The major issues involving the operation of a
363	charter school shall be considered in advance and written into
364	the charter. The charter shall be signed by the governing board
365	of the charter school and the sponsor, following a public
366	hearing to ensure community input.
367	(a)  The charter shall address and criteria for approval of
368	the charter shall be based on:
369	1.  The school's mission, the students to be served, and
370	the ages and grades to be included.
371	2.  The focus of the curriculum, the instructional methods
372	to be used, any distinctive instructional techniques to be
373	employed, and identification and acquisition of appropriate
374	technologies needed to improve educational and administrative
375	performance which include a means for promoting safe, ethical,
376	and appropriate uses of technology which comply with legal and
377	professional standards.
378	a.  The charter shall ensure that reading is a primary
379	focus of the curriculum and that resources are provided to
380	identify and provide specialized instruction for students who
381	are reading below grade level. The curriculum and instructional
382	strategies for reading must be consistent with the Sunshine
383	State Standards and grounded in scientifically based reading
384	research.
385	b.  In order to provide students with access to diverse
386	instructional delivery models, to facilitate the integration of
387	technology within traditional classroom instruction, and to
388	provide students with the skills they need to compete in the
389	21st century economy, the Legislature encourages instructional
390	methods for blended learning courses consisting of both
391	traditional classroom and online instructional techniques.
392	Charter schools may implement blended learning courses which
393	combine traditional classroom instruction and virtual
394	instruction. Students in a blended learning course must be full-
395	time students of the charter school and receive the online
396	instruction in a classroom setting at the charter school.
397	Instructional personnel certified pursuant to s. 1012.55 who
398	provide virtual instruction for blended learning courses may be
399	employees of the charter school or may be under contract to
400	provide instructional services to charter school students. At a
401	minimum, such instructional personnel must hold an active state
402	or school district adjunct certification under s. 1012.57 for
403	the subject area of the blended learning course. The funding and
404	performance accountability requirements for blended learning
405	courses are the same as those for traditional courses.
406	3.  The current incoming baseline standard of student
407	academic achievement, the outcomes to be achieved, and the
408	method of measurement that will be used. The criteria listed in
409	this subparagraph shall include a detailed description of:
410	a.  How the baseline student academic achievement levels
411	and prior rates of academic progress will be established.
412	b.  How these baseline rates will be compared to rates of
413	academic progress achieved by these same students while
414	attending the charter school.
415	c.  To the extent possible, how these rates of progress
416	will be evaluated and compared with rates of progress of other
417	closely comparable student populations.
418
419	The district school board is required to provide academic
420	student performance data to charter schools for each of their
421	students coming from the district school system, as well as
422	rates of academic progress of comparable student populations in
423	the district school system.
424	4.  The methods used to identify the educational strengths
425	and needs of students and how well educational goals and
426	performance standards are met by students attending the charter
427	school. The methods shall provide a means for the charter school
428	to ensure accountability to its constituents by analyzing
429	student performance data and by evaluating the effectiveness and
430	efficiency of its major educational programs. Students in
431	charter schools shall, at a minimum, participate in the
432	statewide assessment program created under s. 1008.22.
433	5.  In secondary charter schools, a method for determining
434	that a student has satisfied the requirements for graduation in
435	s. 1003.428, s. 1003.4287, s. 1003.429, or s. 1003.43.
436	6.  A method for resolving conflicts between the governing
437	board of the charter school and the sponsor.
438	7.  The admissions procedures and dismissal procedures,
439	including the school's code of student conduct.
440	8.  The ways by which the school will achieve a
441	racial/ethnic balance reflective of the community it serves or
442	within the racial/ethnic range of other public schools in the
443	same school district.
444	9.  The financial and administrative management of the
445	school, including a reasonable demonstration of the professional
446	experience or competence of those individuals or organizations
447	applying to operate the charter school or those hired or
448	retained to perform such professional services and the
449	description of clearly delineated responsibilities and the
450	policies and practices needed to effectively manage the charter
451	school. A description of internal audit procedures and
452	establishment of controls to ensure that financial resources are
453	properly managed must be included. Both public sector and
454	private sector professional experience shall be equally valid in
455	such a consideration.
456	10.  The asset and liability projections required in the
457	application which are incorporated into the charter and shall be
458	compared with information provided in the annual report of the
459	charter school.
460	11.  A description of procedures that identify various
461	risks and provide for a comprehensive approach to reduce the
462	impact of losses; plans to ensure the safety and security of
463	students and staff; plans to identify, minimize, and protect
464	others from violent or disruptive student behavior; and the
465	manner in which the school will be insured, including whether or
466	not the school will be required to have liability insurance,
467	and, if so, the terms and conditions thereof and the amounts of
468	coverage.
469	12.  The term of the charter which shall provide for
470	cancellation of the charter if insufficient progress has been
471	made in attaining the student achievement objectives of the
472	charter and if it is not likely that such objectives can be
473	achieved before expiration of the charter. The initial term of a
474	charter shall be for 4 or 5 years. In order to facilitate access
475	to long-term financial resources for charter school
476	construction, charter schools that are operated by a
477	municipality or other public entity as provided by law are
478	eligible for up to a 15-year charter, subject to approval by the
479	district school board. A charter lab school is eligible for a
480	charter for a term of up to 15 years. In addition, to facilitate
481	access to long-term financial resources for charter school
482	construction, charter schools that are operated by a private,
483	not-for-profit, s. 501(c)(3) status corporation are eligible for
484	up to a 15-year charter, subject to approval by the district
485	school board. Such long-term charters remain subject to annual
486	review and may be terminated during the term of the charter, but
487	only 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
490	the potential strategies used to recruit, hire, train, and
491	retain qualified staff to achieve best value.
492	15.  The governance structure of the school, including the
493	status of the charter school as a public or private employer as
494	required in paragraph (12)(i).
495	16.  A timetable for implementing the charter which
496	addresses the implementation of each element thereof and the
497	date by which the charter shall be awarded in order to meet this
498	timetable.
499	17.  In the case of an existing public school that is being
500	converted to charter status, alternative arrangements for
501	current students who choose not to attend the charter school and
502	for current teachers who choose not to teach in the charter
503	school after conversion in accordance with the existing
504	collective bargaining agreement or district school board rule in
505	the absence of a collective bargaining agreement. However,
506	alternative arrangements shall not be required for current
507	teachers who choose not to teach in a charter lab school, except
508	as authorized by the employment policies of the state university
509	which grants the charter to the lab school.
510	18.  Full disclosure of the identity of all relatives
511	employed by the charter school who are related to the charter
512	school owner, president, chairperson of the governing board of
513	directors, superintendent, governing board member, principal,
514	assistant principal, or any other person employed by the charter
515	school who has equivalent decisionmaking authority. For the
516	purpose of this subparagraph, the term "relative" means father,
517	mother, son, daughter, brother, sister, uncle, aunt, first
518	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
519	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
520	stepfather, stepmother, stepson, stepdaughter, stepbrother,
521	stepsister, half brother, or half sister.
522	19.  Implementation of the activities authorized under s.
523	1002.331 by the charter school when it satisfies the eligibility
524	requirements for a high-performing charter school. A high-
525	performing charter school shall notify its sponsor in writing by
526	March 1 if it intends to increase enrollment or expand grade
527	levels the following school year. The written notice shall
528	specify the amount of the enrollment increase and the grade
529	levels that will be added, as applicable.
530	Section 5.  Paragraph (b) of subsection (4) of section
531	1002.45, Florida Statutes, is amended to read:
532	1002.45  Virtual instruction programs.-
533	(4)  CONTRACT REQUIREMENTS.-Each contract with an approved
534	provider must at minimum:
535	(b)  Provide a method for determining that a student has
536	satisfied the requirements for graduation in s. 1003.428, s.
537	1003.4287, s. 1003.429, or s. 1003.43 if the contract is for the
538	provision of a full-time virtual instruction program to students
539	in grades 9 through 12.
540	Section 6.  Subsection (6) of section 1003.03, Florida
541	Statutes, is amended to read:
542	1003.03  Maximum class size.-
543	(6)  COURSES FOR COMPLIANCE.-Consistent with the provisions
544	in ss. 1003.01(14), and 1003.428, and 1003.4287, the Department
545	of Education shall identify from the Course Code Directory the
546	core-curricula courses for the purpose of satisfying the maximum
547	class size requirement in this section. The department may adopt
548	rules to implement this subsection, if necessary.
549	Section 7.  Subsection (3) of section 1003.413, Florida
550	Statutes, is amended to read:
551	1003.413  Florida Secondary School Redesign Act.-
552	(3)  Based on these guiding principles, district school
553	boards shall establish policies to implement the requirements of
554	ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies
555	must address:
556	(a)  Procedures for placing and promoting students who
557	enter a Florida public school at grade 6 through grade 12 from
558	out of state or from a foreign country, including a review of
559	the student's prior academic performance.
560	(b)  Alternative methods for students to demonstrate
561	competency in required courses and credits, with special support
562	for students who have been retained.
563	(c)  Applied, integrated, and combined courses that provide
564	flexibility for students to enroll in courses that are creative
565	and meet individual learning styles and student needs.
566	(d)  Credit recovery courses and intensive reading and
567	mathematics intervention courses based on student performance on
568	FCAT Reading and Mathematics. These courses should be competency
569	based and offered through innovative delivery systems, including
570	computer-assisted instruction. School districts should use
571	learning gains as well as other appropriate data and provide
572	incentives to identify and reward high-performing teachers who
573	teach credit recovery and intensive intervention courses.
574	(e)  Grade forgiveness policies that replace a grade of "D"
575	or "F" with a grade of "C" or higher earned subsequently in the
576	same or a comparable course.
577	(f)  Summer academies for students to receive intensive
578	reading and mathematics intervention courses or competency-based
579	credit recovery courses. A student's participation in an
580	instructional or remediation program prior to or immediately
581	following entering grade 9 for the first time shall not affect
582	that student's classification as a first-time 9th grader for
583	reporting purposes.
584	(g)  Strategies to support teachers' pursuit of the reading
585	endorsement and emphasize reading instruction professional
586	development for content area teachers.
587	(h)  Creative and flexible scheduling designed to meet
588	student needs.
589	(i)  An annual review of each high school student's
590	electronic personal education plan created pursuant to s.
591	1003.4156 and procedures for high school students who have not
592	prepared an electronic personal education plan pursuant to s.
593	1003.4156 to prepare such plan.
594	(j)  Tools for parents to regularly monitor student
595	progress and communicate with teachers.
596	(k)  Additional course requirements for promotion and
597	graduation which may be determined by each school district in
598	the student progression plan and may include additional
599	academic, fine and performing arts, physical education, or
600	career and technical education courses in order to provide a
601	complete education program pursuant to s. 1001.41(3).
602	Section 8.  Subsection (1) of section 1003.428, Florida
603	Statutes, is amended to read:
604	1003.428  General requirements for high school graduation;
605	revised.-
606	(1)  Except as otherwise authorized pursuant to s.
607	1003.4287 or s. 1003.429, beginning with students entering grade
608	9 in the 2007-2008 school year, graduation requires the
609	successful completion of a minimum of 24 credits, an
610	International Baccalaureate curriculum, or an Advanced
611	International Certificate of Education curriculum. Students must
612	be advised of eligibility requirements for state scholarship
613	programs and postsecondary admissions.
614	Section 9.  Section 1003.438, Florida Statutes, is amended
615	to read:
616	1003.438  Special high school graduation requirements for
617	certain exceptional students.-A student who has been identified,
618	in accordance with rules established by the State Board of
619	Education, as a student with disabilities who has an
620	intellectual disability; an autism spectrum disorder; a language
621	impairment; an orthopedic impairment; an other health
622	impairment; a traumatic brain injury; an emotional or behavioral
623	disability; a specific learning disability, including, but not
624	limited to, dyslexia, dyscalculia, or developmental aphasia; or
625	students who are deaf or hard of hearing or dual sensory
626	impaired shall not be required to meet all requirements of s.
627	1003.43, or s. 1003.428, or s. 1003.4287 and shall, upon meeting
628	all applicable requirements prescribed by the district school
629	board pursuant to s. 1008.25, be awarded a special diploma in a
630	form prescribed by the commissioner; however, such special
631	graduation requirements prescribed by the district school board
632	must include minimum graduation requirements as prescribed by
633	the commissioner. Any such student who meets all special
634	requirements of the district school board, but is unable to meet
635	the appropriate special state minimum requirements, shall be
636	awarded a special certificate of completion in a form prescribed
637	by the commissioner. However, this section does not limit or
638	restrict the right of an exceptional student solely to a special
639	diploma or special certificate of completion. Any such student
640	shall, upon proper request, be afforded the opportunity to fully
641	meet all requirements of s. 1003.43, or s. 1003.428, or s.
642	1003.4287 through the standard procedures established therein
643	and thereby to qualify for a standard diploma or a career
644	diploma upon graduation.
645	Section 10.  Paragraph (g) of subsection (4) of section
646	1003.493, 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
650	to the career, including intensive reading and mathematics
651	intervention required by s. 1003.428 or s. 1003.4287, with an
652	emphasis on strengthening reading for information skills.
653	Section 11.  Paragraph (c) of subsection (2) of section
654	1003.4935, Florida Statutes, is amended to read:
655	1003.4935  Middle school career and professional academy
656	courses.-
657	(2)  Each middle school career and professional academy
658	must be aligned with at least one high school career and
659	professional academy offered in the district and maintain
660	partnerships with local business and industry and economic
661	development boards. Middle school career and professional
662	academies must:
663	(c)  Offer courses that integrate career and professional
664	academy content with intensive reading and mathematics pursuant
665	to 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
668	Statutes, are amended to read:
669	1008.22  Student assessment program for public schools.-
670	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
671	design and implement a statewide program of educational
672	assessment that provides information for the improvement of the
673	operation and management of the public schools, including
674	schools operating for the purpose of providing educational
675	services to youth in Department of Juvenile Justice programs.
676	The commissioner may enter into contracts for the continued
677	administration of the assessment, testing, and evaluation
678	programs authorized and funded by the Legislature. Contracts may
679	be initiated in 1 fiscal year and continue into the next and may
680	be paid from the appropriations of either or both fiscal years.
681	The commissioner is authorized to negotiate for the sale or
682	lease of tests, scoring protocols, test scoring services, and
683	related materials developed pursuant to law. Pursuant to the
684	statewide assessment program, the commissioner shall:
685	(c)  Develop and implement a student achievement testing
686	program as follows:
687	1.  The Florida Comprehensive Assessment Test (FCAT)
688	measures a student's content knowledge and skills in reading,
689	writing, science, and mathematics. The content knowledge and
690	skills assessed by the FCAT must be aligned to the core
691	curricular content established in the Next Generation Sunshine
692	State Standards. Other content areas may be included as directed
693	by the commissioner. Comprehensive assessments of reading and
694	mathematics shall be administered annually in grades 3 through
695	10 except, beginning with the 2010-2011 school year, the
696	administration of grade 9 FCAT Mathematics shall be
697	discontinued, and beginning with the 2011-2012 school year, the
698	administration of grade 10 FCAT Mathematics shall be
699	discontinued, except as required for students who have not
700	attained minimum performance expectations for graduation as
701	provided in paragraph (9)(c). FCAT Writing and FCAT Science
702	shall be administered at least once at the elementary, middle,
703	and high school levels except, beginning with the 2011-2012
704	school year, the administration of FCAT Science at the high
705	school level shall be discontinued.
706	2.a.  End-of-course assessments for a subject shall be
707	administered in addition to the comprehensive assessments
708	required under subparagraph 1. End-of-course assessments must be
709	rigorous, statewide, standardized, and developed or approved by
710	the department. The content knowledge and skills assessed by
711	end-of-course assessments must be aligned to the core curricular
712	content established in the Next Generation Sunshine State
713	Standards.
714	(I)  Statewide, standardized end-of-course assessments in
715	mathematics shall be administered according to this sub-sub-
716	subparagraph. Beginning with the 2010-2011 school year, all
717	students enrolled in Algebra I or an equivalent course must take
718	the Algebra I end-of-course assessment. For students entering
719	grade 9 during the 2010-2011 school year and who are enrolled in
720	Algebra I or an equivalent, each student's performance on the
721	end-of-course assessment in Algebra I shall constitute 30
722	percent of the student's final course grade. Beginning with
723	students entering grade 9 in the 2011-2012 school year, a
724	student who is enrolled in Algebra I or an equivalent must earn
725	a passing score on the end-of-course assessment in Algebra I or
726	attain an equivalent score as described in subsection (11) in
727	order to earn course credit. Beginning with the 2011-2012 school
728	year, all students enrolled in geometry or an equivalent course
729	must take the geometry end-of-course assessment. For students
730	entering grade 9 during the 2011-2012 school year, each
731	student's performance on the end-of-course assessment in
732	geometry shall constitute 30 percent of the student's final
733	course grade. Beginning with students entering grade 9 during
734	the 2012-2013 school year, a student must earn a passing score
735	on the end-of-course assessment in geometry or attain an
736	equivalent score as described in subsection (11) in order to
737	earn course credit.
738	(II)  Statewide, standardized end-of-course assessments in
739	science shall be administered according to this sub-sub-
740	subparagraph. Beginning with the 2011-2012 school year, all
741	students enrolled in Biology I or an equivalent course must take
742	the Biology I end-of-course assessment. For the 2011-2012 school
743	year, each student's performance on the end-of-course assessment
744	in Biology I shall constitute 30 percent of the student's final
745	course grade. Beginning with students entering grade 9 during
746	the 2012-2013 school year, a student must earn a passing score
747	on the end-of-course assessment in Biology I in order to earn
748	course credit.
749	b.  During the 2012-2013 school year, an end-of-course
750	assessment in civics education shall be administered as a field
751	test at the middle school level. During the 2013-2014 school
752	year, each student's performance on the statewide, standardized
753	end-of-course assessment in civics education shall constitute 30
754	percent of the student's final course grade. Beginning with the
755	2014-2015 school year, a student must earn a passing score on
756	the end-of-course assessment in civics education in order to
757	pass the course and be promoted from the middle grades. The
758	school principal of a middle school shall determine, in
759	accordance with State Board of Education rule, whether a student
760	who transfers to the middle school and who has successfully
761	completed a civics education course at the student's previous
762	school must take an end-of-course assessment in civics
763	education.
764	c.  The commissioner may select one or more nationally
765	developed comprehensive examinations, which may include, but
766	need not be limited to, examinations for a College Board
767	Advanced Placement course, International Baccalaureate course,
768	or Advanced International Certificate of Education course, or
769	industry-approved examinations to earn national industry
770	certifications identified in the Industry Certification Funding
771	List, pursuant to rules adopted by the State Board of Education,
772	for use as end-of-course assessments under this paragraph, if
773	the commissioner determines that the content knowledge and
774	skills assessed by the examinations meet or exceed the grade
775	level expectations for the core curricular content established
776	for the course in the Next Generation Sunshine State Standards.
777	The commissioner may collaborate with the American Diploma
778	Project in the adoption or development of rigorous end-of-course
779	assessments that are aligned to the Next Generation Sunshine
780	State Standards.
781	d.  Contingent upon funding provided in the General
782	Appropriations Act, including the appropriation of funds
783	received through federal grants, the Commissioner of Education
784	shall establish an implementation schedule for the development
785	and administration of additional statewide, standardized end-of-
786	course assessments in English/Language Arts II, Algebra II,
787	chemistry, physics, earth/space science, United States history,
788	and world history. Priority shall be given to the development of
789	end-of-course assessments in English/Language Arts II. The
790	Commissioner of Education shall evaluate the feasibility and
791	effect of transitioning from the grade 9 and grade 10 FCAT
792	Reading and high school level FCAT Writing to an end-of-course
793	assessment in English/Language Arts II. The commissioner shall
794	report the results of the evaluation to the President of the
795	Senate and the Speaker of the House of Representatives no later
796	than July 1, 2011.
797	3.  The testing program shall measure student content
798	knowledge and skills adopted by the State Board of Education as
799	specified in paragraph (a) and measure and report student
800	performance levels of all students assessed in reading, writing,
801	mathematics, and science. The commissioner shall provide for the
802	tests to be developed or obtained, as appropriate, through
803	contracts and project agreements with private vendors, public
804	vendors, public agencies, postsecondary educational
805	institutions, or school districts. The commissioner shall obtain
806	input with respect to the design and implementation of the
807	testing program from state educators, assistive technology
808	experts, and the public.
809	4.  The testing program shall be composed of criterion-
810	referenced tests that shall, to the extent determined by the
811	commissioner, include test items that require the student to
812	produce information or perform tasks in such a way that the core
813	content knowledge and skills he or she uses can be measured.
814	5.  FCAT Reading, Mathematics, and Science and all
815	statewide, standardized end-of-course assessments shall measure
816	the content knowledge and skills a student has attained on the
817	assessment by the use of scaled scores and achievement levels.
818	Achievement levels shall range from 1 through 5, with level 1
819	being the lowest achievement level, level 5 being the highest
820	achievement level, and level 3 indicating satisfactory
821	performance on an assessment. For purposes of FCAT Writing,
822	student achievement shall be scored using a scale of 1 through 6
823	and the score earned shall be used in calculating school grades.
824	A score shall be designated for each subject area tested, below
825	which score a student's performance is deemed inadequate. The
826	school districts shall provide appropriate remedial instruction
827	to students who score below these levels.
828	6.  The State Board of Education shall, by rule, designate
829	a passing score for each part of the grade 10 assessment test
830	and end-of-course assessments. Any rule that has the effect of
831	raising the required passing scores may apply only to students
832	taking the assessment for the first time after the rule is
833	adopted by the State Board of Education. Except as otherwise
834	provided in this subparagraph and as provided in s.
835	1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b),
836	students must earn a passing score on grade 10 FCAT Reading and
837	grade 10 FCAT Mathematics or attain concordant scores as
838	described in subsection (10) in order to qualify for a standard
839	or career high school diploma.
840	7.  In addition to designating a passing score under
841	subparagraph 6., the State Board of Education shall also
842	designate, by rule, a score for each statewide, standardized
843	end-of-course assessment which indicates that a student is high
844	achieving and has the potential to meet college-readiness
845	standards by the time the student graduates from high school.
846	8.  Participation in the testing program is mandatory for
847	all students attending public school, including students served
848	in Department of Juvenile Justice programs, except as otherwise
849	prescribed by the commissioner. A student who has not earned
850	passing scores on the grade 10 FCAT as provided in subparagraph
851	6. must participate in each retake of the assessment until the
852	student earns passing scores or achieves scores on a
853	standardized assessment which are concordant with passing scores
854	pursuant to subsection (10). If a student does not participate
855	in the statewide assessment, the district must notify the
856	student's parent and provide the parent with information
857	regarding the implications of such nonparticipation. A parent
858	must provide signed consent for a student to receive classroom
859	instructional accommodations that would not be available or
860	permitted on the statewide assessments and must acknowledge in
861	writing that he or she understands the implications of such
862	instructional accommodations. The State Board of Education shall
863	adopt rules, based upon recommendations of the commissioner, for
864	the provision of test accommodations for students in exceptional
865	education programs and for students who have limited English
866	proficiency. Accommodations that negate the validity of a
867	statewide assessment are not allowable in the administration of
868	the FCAT or an end-of-course assessment. However, instructional
869	accommodations are allowable in the classroom if included in a
870	student's individual education plan. Students using
871	instructional accommodations in the classroom that are not
872	allowable as accommodations on the FCAT or an end-of-course
873	assessment may have the FCAT or an end-of-course assessment
874	requirement waived pursuant to the requirements of s.
875	1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b).
876	9.  A student seeking an adult high school diploma must
877	meet the same testing requirements that a regular high school
878	student must meet.
879	10.  District school boards must provide instruction to
880	prepare students in the core curricular content established in
881	the Next Generation Sunshine State Standards adopted under s.
882	1003.41, including the core content knowledge and skills
883	necessary for successful grade-to-grade progression and high
884	school graduation. If a student is provided with instructional
885	accommodations in the classroom that are not allowable as
886	accommodations in the statewide assessment program, as described
887	in the test manuals, the district must inform the parent in
888	writing and must provide the parent with information regarding
889	the impact on the student's ability to meet expected performance
890	levels in reading, writing, mathematics, and science. The
891	commissioner shall conduct studies as necessary to verify that
892	the required core curricular content is part of the district
893	instructional programs.
894	11.  District school boards must provide opportunities for
895	students to demonstrate an acceptable performance level on an
896	alternative standardized assessment approved by the State Board
897	of Education following enrollment in summer academies.
898	12.  The Department of Education must develop, or select,
899	and implement a common battery of assessment tools that will be
900	used in all juvenile justice programs in the state. These tools
901	must accurately measure the core curricular content established
902	in the Next Generation Sunshine State Standards.
903	13.  For students seeking a special diploma pursuant to s.
904	1003.438, the Department of Education must develop or select and
905	implement an alternate assessment tool that accurately measures
906	the core curricular content established in the Next Generation
907	Sunshine State Standards for students with disabilities under s.
908	1003.438.
909	14.  The Commissioner of Education shall establish
910	schedules for the administration of statewide assessments and
911	the reporting of student test results. When establishing the
912	schedules for the administration of statewide assessments, the
913	commissioner shall consider the observance of religious and
914	school holidays. The commissioner shall, by August 1 of each
915	year, notify each school district in writing and publish on the
916	department's Internet website the testing and reporting
917	schedules for, at a minimum, the school year following the
918	upcoming school year. The testing and reporting schedules shall
919	require that:
920	a.  There is the latest possible administration of
921	statewide assessments and the earliest possible reporting to the
922	school districts of student test results which is feasible
923	within available technology and specific appropriations;
924	however, test results for the FCAT must be made available no
925	later than the week of June 8. Student results for end-of-course
926	assessments must be provided no later than 1 week after the
927	school district completes testing for each course. The
928	commissioner may extend the reporting schedule under exigent
929	circumstances.
930	b.  FCAT Writing may not be administered earlier than the
931	week of March 1, and a comprehensive statewide assessment of any
932	other subject may not be administered earlier than the week of
933	April 15.
934	c.  A statewide, standardized end-of-course assessment is
935	administered at the end of the course. The commissioner shall
936	select an administration period for assessments that meets the
937	intent of end-of-course assessments and provides student results
938	prior to the end of the course. School districts shall
939	administer tests in accordance with the schedule determined by
940	the commissioner. For an end-of-course assessment administered
941	at the end of the first semester, the commissioner shall
942	determine the most appropriate testing dates based on a review
943	of each school district's academic calendar.
944
945	The commissioner may, based on collaboration and input from
946	school districts, design and implement student testing programs,
947	for any grade level and subject area, necessary to effectively
948	monitor educational achievement in the state, including the
949	measurement of educational achievement of the Next Generation
950	Sunshine State Standards for students with disabilities.
951	Development and refinement of assessments shall include
952	universal design principles and accessibility standards that
953	will prevent any unintended obstacles for students with
954	disabilities while ensuring the validity and reliability of the
955	test. These principles should be applicable to all technology
956	platforms and assistive devices available for the assessments.
957	The field testing process and psychometric analyses for the
958	statewide assessment program must include an appropriate
959	percentage of students with disabilities and an evaluation or
960	determination of the effect of test items on such students.
961	(9)  APPLICABILITY OF TESTING STANDARDS.-
962	(b)  A student must attain the passing scores on the
963	statewide assessment required for a standard or career high
964	school diploma or for high school course credits under sub-sub-
965	subparagraphs (3)(c)2.a.(I) and (II) which are in effect at the
966	time the student enters grade 9. If a student transfers into a
967	high school, the school principal shall determine, in accordance
968	with State Board of Education rule, whether the student must
969	take an end-of-course assessment in a course for which the
970	student has credit that was earned from the previous school.
971	(c)  If the commissioner revises a statewide assessment and
972	the revisions require the State Board of Education to modify the
973	passing scores required for a standard or career high school
974	diploma or for high school course credits under sub-sub-
975	subparagraphs (3)(c)2.a.(I) and (II), the commissioner may, with
976	approval of the state board, discontinue administration of the
977	former assessment upon the graduation, based on normal student
978	progression, of students participating in the final regular
979	administration of the former assessment. The state board shall
980	adopt by rule passing scores for the revised assessment which
981	are statistically equivalent to passing scores on the
982	discontinued 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
985	law.

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