Florida Senate - 2012 SB 1710
By Senator Braynon
33-01368-12 20121710__
1 A bill to be entitled
2 An act relating to public school system; amending ss.
3 1002.33, 1003.03, 1003.413, and 1003.4156, F.S.,
4 relating to discontinuance of administration of the
5 Florida Comprehensive Assessment Test (FCAT), to
6 conform to changes made by the act; deleting
7 requirement that district school boards establish
8 policies for intensive reading and mathematics
9 intervention courses in high school; providing for
10 intervention services; amending s. 1003.428, F.S.;
11 requiring that students be advised of the availability
12 of certain courses for purposes of high school
13 graduation; providing for remediation and intervention
14 services in certain circumstances; revising general
15 requirements for high school graduation; conforming
16 provisions relating to discontinuance of FCAT
17 administration; amending s. 1003.429, F.S.; requiring
18 that students be advised of the availability of
19 certain courses for purposes of accelerated high
20 school graduation options; revising general
21 requirements for accelerated high school graduation;
22 conforming provisions relating to discontinuance of
23 FCAT administration; requiring the State Board of
24 Education to appoint a task force to develop high
25 school graduation standards for career-track students
26 and consider ways to provide unique curriculum
27 offerings; requiring the task force to submit
28 recommendations to the Governor and Legislature;
29 amending s. 1003.433, F.S., relating to discontinuance
30 of FCAT administration and revised general
31 requirements for high school graduation, to conform to
32 changes made by the act; amending s. 1008.22, F.S.;
33 revising the statewide student assessment program to
34 discontinue use of the FCAT; requiring the assessment
35 program to consist of subject area assessments for
36 students in grades 3 through 5, subject area
37 assessments and end-of-course assessments in core and
38 noncore subjects for students in grades 6 through 12,
39 and diagnostic assessments for students in grades 6,
40 8, and 10; providing eligibility for exemption from
41 certain assessment requirements; revising course grade
42 and course credit requirements relating to student
43 performance on end-of-course assessments; requiring
44 school districts to provide intervention services to
45 certain students; providing that results on end-of
46 course assessments are one component of requirements
47 for high school graduation; revising provisions
48 relating to test-preparation activities; deleting
49 provisions relating to use of concordant scores for
50 the FCAT; amending s. 1008.25, F.S.; requiring
51 intervention services for certain students as part of
52 the comprehensive program for student progression;
53 conforming provisions relating to the revision of the
54 statewide student assessment program; deleting
55 mandatory retention for certain grade 3 students;
56 authorizing promotion for good cause; providing for
57 reporting; amending s. 1008.30, F.S.; revising
58 provisions relating to use of the common placement
59 test to conform to discontinuance of FCAT
60 administration; amending ss. 1008.34 and 1008.341,
61 F.S.; deleting use of the FCAT as a basis for
62 determining school grades and school improvement
63 ratings; providing for student results on subject area
64 assessments and end-of-course assessments to partially
65 determine school grades and school improvement
66 ratings; providing additional factors for such
67 determination; conforming provisions relating to
68 revision of the Florida School Recognition Program;
69 amending s. 1008.36, F.S.; changing the Florida School
70 Recognition Program to the Every Child Matters
71 Program; providing intent and purpose of the program;
72 providing for financial assistance to schools
73 providing remediation and intervention services to
74 certain students; specifying the uses of program
75 funds; providing Department of Education duties;
76 amending s. 1009.531, F.S.; adding a cross-reference
77 to high school graduation requirements; amending s.
78 1011.62, F.S.; conforming provisions relating to
79 revision of the Florida School Recognition Program and
80 discontinuance of FCAT administration; amending s.
81 1012.22, F.S.; conforming provisions relating to
82 discontinuance of FCAT administration; amending s.
83 1012.335, F.S.; revising provisions relating to
84 contracts with instructional personnel; defining the
85 term “professional performance contract”; revising the
86 requirements for award of an annual contract;
87 authorizing annual contract renewal and providing
88 reasons for nonrenewal; providing requirements for
89 award of a professional performance contract; creating
90 s. 1012.988, F.S.; requiring each school district to
91 develop and implement a professional development
92 program to support the statewide student assessment
93 program and the performance of school personnel;
94 providing duties of the Department of Education;
95 providing for the appointment of a public school
96 assessment and accountability alignment committee to
97 develop standards for a revised statewide student
98 assessment program, procedures for transitioning to
99 the new program, and standards for determining school
100 grades and school improvement ratings; providing for
101 membership and duties of the alignment committee;
102 requiring the State Board of Education to adopt rules;
103 providing a timetable for implementation; providing
104 for future expiration of the alignment committee;
105 providing effective dates.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Paragraph (a) of subsection (20) of section
110 1002.33, Florida Statutes, is amended to read:
111 1002.33 Charter schools.—
112 (20) SERVICES.—
113 (a)1. A sponsor shall provide certain administrative and
114 educational services to charter schools. These services shall
115 include contract management services; full-time equivalent and
116 data reporting services; exceptional student education
117 administration services; services related to eligibility and
118 reporting duties required to ensure that school lunch services
119 under the federal lunch program, consistent with the needs of
120 the charter school, are provided by the school district at the
121 request of the charter school, that any funds due to the charter
122 school under the federal lunch program be paid to the charter
123 school as soon as the charter school begins serving food under
124 the federal lunch program, and that the charter school is paid
125 at the same time and in the same manner under the federal lunch
126 program as other public schools serviced by the sponsor or the
127 school district; test administration services, including payment
128 of the costs of state-required or district-required student
129 assessments; processing of teacher certificate data services;
130 and information services, including equal access to student
131 information systems that are used by public schools in the
132 district in which the charter school is located. Student
133 performance data for each student in a charter school,
134 including, but not limited to, subject area assessment scores,
135 end-of-course assessment FCAT scores, standardized test scores,
136 previous public school student report cards, and student
137 performance measures, shall be provided by the sponsor to a
138 charter school in the same manner provided to other public
139 schools in the district.
140 2. A total administrative fee for the provision of such
141 services shall be calculated based upon up to 5 percent of the
142 available funds defined in paragraph (17)(b) for all students.
143 However, a sponsor may only withhold up to a 5-percent
144 administrative fee for enrollment for up to and including 250
145 students. For charter schools with a population of 251 or more
146 students, the difference between the total administrative fee
147 calculation and the amount of the administrative fee withheld
148 may only be used for capital outlay purposes specified in s.
149 1013.62(2).
150 3. For high-performing charter schools, as defined in ch.
151 2011-232, a sponsor may withhold a total administrative fee of
152 up to 2 percent for enrollment up to and including 250 students
153 per school.
154 4. In addition, a sponsor may withhold only up to a 5
155 percent administrative fee for enrollment for up to and
156 including 500 students within a system of charter schools which
157 meets all of the following:
158 a. Includes both conversion charter schools and
159 nonconversion charter schools;
160 b. Has all schools located in the same county;
161 c. Has a total enrollment exceeding the total enrollment of
162 at least one school district in the state;
163 d. Has the same governing board; and
164 e. Does not contract with a for-profit service provider for
165 management of school operations.
166 5. The difference between the total administrative fee
167 calculation and the amount of the administrative fee withheld
168 pursuant to subparagraph 4. may be used for instructional and
169 administrative purposes as well as for capital outlay purposes
170 specified in s. 1013.62(2).
171 6. For a high-performing charter school system that also
172 meets the requirements in subparagraph 4., a sponsor may
173 withhold a 2-percent administrative fee for enrollments up to
174 and including 500 students per system.
175 7. Sponsors shall not charge charter schools any additional
176 fees or surcharges for administrative and educational services
177 in addition to the maximum 5-percent administrative fee withheld
178 pursuant to this paragraph.
179 8. The sponsor of a virtual charter school may withhold a
180 fee of up to 5 percent. The funds shall be used to cover the
181 cost of services provided under subparagraph 1. and for the
182 school district’s local instructional improvement system
183 pursuant to s. 1006.281 or other technological tools that are
184 required to access electronic and digital instructional
185 materials.
186 Section 2. Paragraph (c) of subsection (3) of section
187 1003.03, Florida Statutes, is amended to read:
188 1003.03 Maximum class size.—
189 (3) IMPLEMENTATION OPTIONS.—District school boards must
190 consider, but are not limited to, implementing the following
191 items in order to meet the constitutional class size maximums
192 described in subsection (1):
193 (c)1. Repeal district school board policies that require
194 students to have more than 24 credits to graduate from high
195 school.
196 2. Adopt policies to allow students to graduate from high
197 school as soon as they meet the requirements pass the grade 10
198 FCAT and complete the courses required for high school
199 graduation.
200 Section 3. Paragraph (d) of subsection (3) of section
201 1003.413, Florida Statutes, is amended to read:
202 1003.413 Florida Secondary School Redesign Act.—
203 (3) Based on these guiding principles, district school
204 boards shall establish policies to implement the requirements of
205 ss. 1003.4156, 1003.428, and 1003.493. The policies must
206 address:
207 (d) Credit recovery courses and intensive reading and
208 mathematics intervention services courses based on student
209 performance on diagnostic assessments, subject area assessments,
210 or end-of-course assessments FCAT Reading and Mathematics. These
211 courses and intervention services should be competency based and
212 offered through innovative delivery systems, including computer
213 assisted instruction. School districts should use learning gains
214 as well as other appropriate data and provide incentives to
215 identify and reward high-performing teachers who teach credit
216 recovery courses and provide intensive intervention services
217 courses.
218 Section 4. Paragraphs (b) and (c) of subsection (1) of
219 section 1003.4156, Florida Statutes, are amended to read:
220 1003.4156 General requirements for middle grades
221 promotion.—
222 (1) Promotion from a school composed of middle grades 6, 7,
223 and 8 requires that:
224 (b) For each year in which a student’s performance on a
225 diagnostic assessment or a subject area assessment in student
226 scores at Level l on FCAT reading does not meet grade-level
227 expectations, the student must be enrolled in and complete an
228 intensive reading course the following year. Placement of
229 students Level 2 readers in either an intensive reading course
230 or a content area course in which reading strategies are
231 delivered shall be determined by diagnosis of reading needs. The
232 department shall provide guidance on appropriate strategies for
233 diagnosing and meeting the varying instructional needs of
234 students reading below grade level. Reading courses shall be
235 designed and offered pursuant to the comprehensive reading plan
236 required by s. 1011.62(9). A middle grades student who does not
237 meet grade-level expectations in reading scores at Level 1 or
238 Level 2 on FCAT Reading but who met grade-level expectations in
239 reading did not score below Level 3 in the previous 3 years may
240 be granted a 1-year exemption from the reading remediation
241 requirement; however, the student must have an approved academic
242 improvement plan already in place, signed by the appropriate
243 school staff and the student’s parent, for the year for which
244 the exemption is granted.
245 (c) For each year in which a student’s performance on a
246 diagnostic assessment, a subject area assessment, or an end-of
247 course assessment in student scores at Level 1 or Level 2 on
248 FCAT mathematics does not meet grade-level expectations, the
249 student must receive remediation the following year, which may
250 be integrated into the student’s required mathematics course.
251 Section 5. Subsection (1), paragraph (b) of subsection (2),
252 paragraph (b) of subsection (4), and paragraph (b) of subsection
253 (8) of section 1003.428, Florida Statutes, are amended to read:
254 1003.428 General requirements for high school graduation;
255 revised.—
256 (1) Except as otherwise authorized pursuant to s. 1003.429,
257 beginning with students entering grade 9 in the 2007-2008 school
258 year, graduation requires the successful completion of a minimum
259 of 24 credits, an International Baccalaureate curriculum, or an
260 Advanced International Certificate of Education curriculum.
261 Students must be advised of the Advanced Placement courses,
262 International Baccalaureate courses, Advanced International
263 Certificate of Education courses, career academy courses that
264 lead to national industry certification, and dual enrollment
265 courses that are available, as well as the availability of
266 course offerings through the Florida Virtual School. Students
267 must also be advised of eligibility requirements for state
268 scholarship programs and postsecondary admissions.
269 (2) The 24 credits may be earned through applied,
270 integrated, and combined courses approved by the Department of
271 Education. The 24 credits shall be distributed as follows:
272 (b) Eight credits in electives.
273 1. For each year in which a student’s performance on a
274 diagnostic assessment or subject area assessment in student
275 scores at Level 1 on FCAT reading does not meet grade-level
276 expectations, the student must receive remediation and
277 intervention services as soon as feasible but no later than be
278 enrolled in and complete an intensive reading course the
279 following year. Placement of students Level 2 readers in either
280 a an intensive reading course or a content area course in which
281 reading strategies are delivered shall be determined by
282 diagnosis of reading needs. The department shall provide
283 guidance on appropriate strategies for diagnosing and meeting
284 the varying instructional needs of students reading below grade
285 level. Reading courses shall be designed and offered pursuant to
286 the comprehensive reading plan required by s. 1011.62(9). A high
287 school student who does not meet grade-level expectations in
288 reading scores at Level 1 or Level 2 on FCAT Reading but who met
289 grade-level expectations in reading did not score below Level 3
290 in the previous 3 years may be granted a 1-year exemption from
291 the reading remediation requirement; however, the student must
292 have an approved academic improvement plan already in place,
293 signed by the appropriate school staff and the student’s parent,
294 for the year for which the exemption is granted.
295 2. For each year in which a student’s performance on a
296 diagnostic assessment, a subject area assessment, or an end-of
297 course assessment in student scores at Level 1 or Level 2 on
298 FCAT mathematics does not meet grade-level expectations, the
299 student must receive remediation and intervention services as
300 soon as feasible but no later than the following year.
301 Intervention These courses may be taught through applied,
302 integrated, or combined courses and are subject to approval by
303 the department for inclusion in the Course Code Directory.
304 (4) Each district school board shall establish standards
305 for graduation from its schools, which must include:
306 (b) Successful overall academic performance based on end
307 of-course assessments, grade point average, student portfolios,
308 and, if determined by the State Board of Education, other
309 measurable indicators of student progress. Earning passing
310 scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
311 a standardized test that are concordant with passing scores on
312 the FCAT as defined in s. 1008.22(10).
313
314 Each district school board shall adopt policies designed to
315 assist students in meeting the requirements of this subsection.
316 These policies may include, but are not limited to: forgiveness
317 policies, summer school or before or after school attendance,
318 special counseling, volunteers or peer tutors, school-sponsored
319 help sessions, homework hotlines, and study skills classes.
320 Forgiveness policies for required courses shall be limited to
321 replacing a grade of “D” or “F,” or the equivalent of a grade of
322 “D” or “F,” with a grade of “C” or higher, or the equivalent of
323 a grade of “C” or higher, earned subsequently in the same or
324 comparable course. Forgiveness policies for elective courses
325 shall be limited to replacing a grade of “D” or “F,” or the
326 equivalent of a grade of “D” or “F,” with a grade of “C” or
327 higher, or the equivalent of a grade of “C” or higher, earned
328 subsequently in another course. The only exception to these
329 forgiveness policies shall be made for a student in the middle
330 grades who takes any high school course for high school credit
331 and earns a grade of “C,” “D,” or “F” or the equivalent of a
332 grade of “C,” “D,” or “F.” In such case, the district
333 forgiveness policy must allow the replacement of the grade with
334 a grade of “C” or higher, or the equivalent of a grade of “C” or
335 higher, earned subsequently in the same or comparable course. In
336 all cases of grade forgiveness, only the new grade shall be used
337 in the calculation of the student’s grade point average. Any
338 course grade not replaced according to a district school board
339 forgiveness policy shall be included in the calculation of the
340 cumulative grade point average required for graduation.
341 (8)
342 (b)1. A student with a disability, as defined in s.
343 1007.02(2), for whom the individual education plan (IEP)
344 committee determines that the FCAT cannot accurately measure the
345 student’s abilities taking into consideration all allowable
346 accommodations, shall have the FCAT requirement of paragraph
347 (4)(b) waived for the purpose of receiving a standard high
348 school diploma, if the student:
349 a. Completes the minimum number of credits and other
350 requirements prescribed by subsections (1), (2), and (3).
351 b. Does not meet the requirements of paragraph (4)(b) after
352 one opportunity in 10th grade and one opportunity in 11th grade.
353 2. A student with a disability, as defined in s.
354 1007.02(2), for whom the IEP committee determines that an end
355 of-course assessment cannot accurately measure the student’s
356 abilities, taking into consideration all allowable
357 accommodations, shall have the end-of-course assessment results
358 that are used as a partial basis for determining successful
359 overall academic performance waived for the purpose of
360 determining the student’s course grade and credit as required in
361 paragraph (4)(a).
362 Section 6. Subsection (1), paragraph (a) of subsection (6),
363 and subsection (8) of section 1003.429, Florida Statutes, are
364 amended to read:
365 1003.429 Accelerated high school graduation options.—
366 (1) Students who enter grade 9 in the 2006-2007 school year
367 and thereafter may select, upon receipt of each consent required
368 by this section, one of the following three high school
369 graduation options:
370 (a) Completion of the general requirements for high school
371 graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
372 (b) Completion of a 3-year standard college preparatory
373 program requiring successful completion of a minimum of 18
374 academic credits in grades 9 through 12. At least 6 of the 18
375 credits required for completion of this program must be received
376 in classes that are offered pursuant to the International
377 Baccalaureate Program, the Advanced Placement Program, dual
378 enrollment, or the Advanced International Certificate of
379 Education Program, or specifically listed or identified by the
380 Department of Education as rigorous pursuant to s. 1009.531(3).
381 Students must be advised of the Advanced Placement courses,
382 International Baccalaureate courses, Advanced International
383 Certificate of Education courses, career academy courses that
384 lead to national industry certification, and dual enrollment
385 courses that are available, as well as the availability of
386 course offerings through the Florida Virtual School. The 18
387 credits required for completion of this program shall be primary
388 requirements and shall be distributed as follows:
389 1. Four credits in English, with major concentration in
390 composition and literature;
391 2. Three credits and, beginning with students entering
392 grade 9 in the 2010-2011 school year, four credits in
393 mathematics at the Algebra I level or higher from the list of
394 courses that qualify for state university admission. Beginning
395 with students entering grade 9 in the 2010-2011 school year, in
396 addition to the Algebra I credit requirement, one of the four
397 credits in mathematics must be geometry or a series of courses
398 equivalent to geometry as approved by the State Board of
399 Education. Beginning with students entering grade 9 in the 2010
400 2011 school year, the end-of-course assessment requirements
401 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
402 to earn the required credit in Algebra I. Beginning with
403 students entering grade 9 in the 2011-2012 school year, the end
404 of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
405 must be met in order for a student to earn the required credit
406 in geometry. Beginning with students entering grade 9 in the
407 2012-2013 school year, in addition to the Algebra I and geometry
408 credit requirements, one of the four credits in mathematics must
409 be Algebra II or a series of courses equivalent to Algebra II as
410 approved by the State Board of Education;
411 3. Three credits in science, two of which must have a
412 laboratory component. Beginning with students entering grade 9
413 in the 2011-2012 school year, one of the three credits in
414 science must be Biology I or a series of courses equivalent to
415 Biology I as approved by the State Board of Education. Beginning
416 with students entering grade 9 in the 2011-2012 school year, the
417 end-of-course assessment requirements under s.
418 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
419 the required credit in Biology I. Beginning with students
420 entering grade 9 in the 2013-2014 school year, one of the three
421 credits must be Biology I or a series of courses equivalent to
422 Biology I as approved by the State Board of Education, one
423 credit must be chemistry or physics or a series of courses
424 equivalent to chemistry or physics as approved by the State
425 Board of Education, and one credit must be an equally rigorous
426 course, as approved by the State Board of Education;
427 4. Three credits in social sciences, which must include one
428 credit in United States history, one credit in world history,
429 one-half credit in United States government, and one-half credit
430 in economics;
431 5. Two credits in the same second language unless the
432 student is a native speaker of or can otherwise demonstrate
433 competency in a language other than English. If the student
434 demonstrates competency in another language, the student may
435 replace the language requirement with two credits in other
436 academic courses; and
437 6. Three credits in electives and, beginning with students
438 entering grade 9 in the 2010-2011 school year, two credits in
439 electives; or
440 (c) Completion of a 3-year career preparatory program
441 requiring successful completion of a minimum of 18 academic
442 credits in grades 9 through 12. The 18 credits shall be primary
443 requirements and shall be distributed as follows:
444 1. Four credits in English, with major concentration in
445 composition and literature;
446 2. Three credits and, beginning with students entering
447 grade 9 in the 2010-2011 school year, four credits in
448 mathematics, one of which must be Algebra I. Beginning with
449 students entering grade 9 in the 2010-2011 school year, in
450 addition to the Algebra I credit requirement, one of the four
451 credits in mathematics must be geometry or a series of courses
452 equivalent to geometry as approved by the State Board of
453 Education. Beginning with students entering grade 9 in the 2010
454 2011 school year, the end-of-course assessment requirements
455 under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
456 to earn the required credit in Algebra I. Beginning with
457 students entering grade 9 in the 2011-2012 school year, the end
458 of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
459 must be met in order for a student to earn the required credit
460 in geometry. Beginning with students entering grade 9 in the
461 2012-2013 school year, in addition to the Algebra I and geometry
462 credit requirements, one of the four credits in mathematics must
463 be Algebra II or a series of courses equivalent to Algebra II as
464 approved by the State Board of Education;
465 3. Three credits in science, two of which must have a
466 laboratory component. Beginning with students entering grade 9
467 in the 2011-2012 school year, one of the three credits in
468 science must be Biology I or a series of courses equivalent to
469 Biology I as approved by the State Board of Education. Beginning
470 with students entering grade 9 in the 2011-2012 school year, the
471 end-of-course assessment requirements under s.
472 1008.22(3)(c)2.a.(II) must be met in order for a student to earn
473 the required credit in Biology I. Beginning with students
474 entering grade 9 in the 2013-2014 school year, one of the three
475 credits must be Biology I or a series of courses equivalent to
476 Biology I as approved by the State Board of Education, one
477 credit must be chemistry or physics or a series of courses
478 equivalent to chemistry or physics as approved by the State
479 Board of Education, and one credit must be an equally rigorous
480 course, as approved by the State Board of Education;
481 4. Three credits in social sciences, which must include one
482 credit in United States history, one credit in world history,
483 one-half credit in United States government, and one-half credit
484 in economics;
485 5. Three credits in a single vocational or career education
486 program, three credits in career and technical certificate dual
487 enrollment courses, or five credits in vocational or career
488 education courses; and
489 6. Two credits and, beginning with students entering grade
490 9 in the 2010-2011 school year, one credit in electives unless
491 five credits are earned pursuant to subparagraph 5.
492
493 Any student who selected an accelerated graduation program
494 before July 1, 2004, may continue that program, and all
495 statutory program requirements that were applicable when the
496 student made the program choice shall remain applicable to the
497 student as long as the student continues that program.
498 (6) Students pursuing accelerated 3-year high school
499 graduation options pursuant to paragraph (1)(b) or paragraph
500 (1)(c) are required to:
501 (a) Achieve successful overall academic performance based
502 on end-of-course assessments, grade point average, student
503 portfolios, and, if determined by the State Board of Education,
504 other measurable indicators of student progress. Earn passing
505 scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
506 standardized test that are concordant with passing scores on the
507 FCAT as defined in s. 1008.22(10).
508
509 Weighted grades referred to in paragraphs (b), (c), and (d)
510 shall be applied to those courses specifically listed or
511 identified by the department as rigorous pursuant to s.
512 1009.531(3) or weighted by the district school board for class
513 ranking purposes.
514 (8) A student who selected one of the accelerated 3-year
515 graduation options shall automatically move to the 4-year
516 program set forth in s. 1003.428 or s. 1003.43, if applicable,
517 if the student:
518 (a) Exercises his or her right to change to the 4-year
519 program;
520 (b) Fails to earn 5 credits by the end of grade 9 or fails
521 to earn 11 credits by the end of grade 10;
522 (c) Does not achieve a passing score of 3 or higher on an
523 end-of-course assessment in language arts the grade 10 FCAT
524 Writing assessment; or
525 (d) By the end of grade 11 does not meet the requirements
526 of subsections (1) and (6).
527 Section 7. Effective upon this act becoming a law, the
528 State Board of Education shall appoint a task force to develop
529 high school graduation standards for students who plan to enroll
530 in a trade school or postsecondary technical institution after
531 high school. In addition, the task force shall consider ways to
532 allow school districts to provide unique curriculum offerings
533 for specific career opportunities and needs that are present in
534 a school district’s area. The task force shall be comprised of
535 no fewer than 15 members representing, but not limited to,
536 academic experts in workforce education, high school principals,
537 teachers, and industry experts and shall be chaired by the
538 Chancellor for Career and Adult Education. The task force shall
539 prepare a report with recommendations for high school graduation
540 standards for career-track students and ways to incorporate
541 unique career curriculum offerings into a school district’s
542 curriculum to be submitted by January 1, 2013, to the President
543 of the Senate, the Speaker of the House of Representative, and
544 the Governor.
545 Section 8. Subsections (1), (2), and (3) of section
546 1003.433, Florida Statutes, are amended to read:
547 1003.433 Learning opportunities for out-of-state and out
548 of-country transfer students and students needing additional
549 instruction to meet high school graduation requirements.—
550 (1) Students who enter a Florida public school at the
551 eleventh or twelfth grade from out of state or from a foreign
552 country shall not be required to spend additional time in a
553 Florida public school in order to meet the high school course
554 requirements if the student has met all requirements of the
555 school district, state, or country from which he or she is
556 transferring. Such students who are not proficient in English
557 should receive immediate and intensive instruction in English
558 language acquisition. However, to receive a standard high school
559 diploma, a transfer student must achieve successful overall
560 academic performance based on end-of-course assessments, earn a
561 2.0 or higher grade point average, student portfolios, and, if
562 determined by the State Board of Education, other measurable
563 indicators of student progress and pass the grade 10 FCAT
564 required in s. 1008.22(3) or an alternate assessment as
565 described in s. 1008.22(10).
566 (2) Students who do not meet have met all requirements for
567 the standard high school diploma except for passage of the grade
568 10 FCAT or an alternate assessment by the end of grade 12 must
569 be provided the following learning opportunities:
570 (a) Participation in an accelerated high school equivalency
571 diploma preparation program during the summer.
572 (b) Upon receipt of a certificate of completion, be allowed
573 to take the College Placement Test and be admitted to remedial
574 or credit courses at a Florida College System institution, as
575 appropriate.
576 (c) Participation in an adult general education program as
577 provided in s. 1004.93 for such time as the student requires to
578 master English, reading, mathematics, or any other subject
579 required for high school graduation. Students attending adult
580 basic, adult secondary, or vocational-preparatory instruction
581 are exempt from any requirement for the payment of tuition and
582 fees, including lab fees, pursuant to s. 1009.25. A student
583 attending an adult general education program shall have the
584 opportunity to take the grade 10 FCAT an unlimited number of
585 times in order to receive a standard high school diploma.
586 (3) Students who have been enrolled in an ESOL program for
587 less than 2 school years and have not met all requirements for
588 the standard high school diploma except for passage of the grade
589 10 FCAT or alternate assessment may receive immersion English
590 language instruction during the summer following their senior
591 year. Students receiving such instruction are eligible to take
592 the FCAT or alternate assessment and receive a standard high
593 school diploma upon achievement of successful overall academic
594 performance pursuant to subsection (1) passage of the grade 10
595 FCAT or the alternate assessment. This subsection shall be
596 implemented to the extent funding is provided in the General
597 Appropriations Act.
598 Section 9. Paragraph (a) of subsection (1), paragraph (c)
599 of subsection (3), paragraphs (b) and (c) of subsection (4),
600 paragraph (a) of subsection (7), paragraphs (b) and (c) of
601 subsection (9), and subsections (10) through (13) of section
602 1008.22, Florida Statutes, are amended to read:
603 1008.22 Student assessment program for public schools.—
604 (1) PURPOSE.—The primary purposes of the student assessment
605 program are to provide information needed to improve the public
606 schools by enhancing the learning gains of all students and to
607 inform parents of the educational progress of their public
608 school children. The program must be designed to:
609 (a) Assess the annual learning gains of each student toward
610 achieving the Next Generation Sunshine State Standards
611 appropriate for the student’s grade level.
612 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
613 design and implement a statewide program of educational
614 assessment that provides information for the improvement of the
615 operation and management of the public schools, including
616 schools operating for the purpose of providing educational
617 services to youth in Department of Juvenile Justice programs.
618 The commissioner may enter into contracts for the continued
619 administration of the assessment, testing, and evaluation
620 programs authorized and funded by the Legislature. Contracts may
621 be initiated in 1 fiscal year and continue into the next and may
622 be paid from the appropriations of either or both fiscal years.
623 The commissioner is authorized to negotiate for the sale or
624 lease of tests, scoring protocols, test scoring services, and
625 related materials developed pursuant to law. Pursuant to the
626 statewide assessment program, the commissioner shall:
627 (c) Develop and implement a student achievement testing
628 program as follows:
629 1. Subject area assessments for students in grades 3
630 through 5, subject area assessments and end-of-course
631 assessments for students in grades 6 through 12, and diagnostic
632 assessments for students in grades 6, 8, and 10 shall measure
633 The Florida Comprehensive Assessment Test (FCAT) measures a
634 student’s content knowledge and skills in language arts reading,
635 writing, science, and mathematics, and other core and noncore
636 subject areas as determined by the State Board of Education. The
637 content knowledge and skills assessed by the FCAT must be
638 aligned to the core curricular content established in the Next
639 Generation Sunshine State Standards. Other content areas may be
640 included as directed by the commissioner. Comprehensive
641 assessments of reading and mathematics shall be administered
642 annually in grades 3 through 10 except, beginning with the 2010
643 2011 school year, the administration of grade 9 FCAT Mathematics
644 shall be discontinued, and beginning with the 2011-2012 school
645 year, the administration of grade 10 FCAT Mathematics shall be
646 discontinued, except as required for students who have not
647 attained minimum performance expectations for graduation as
648 provided in paragraph (9)(c). FCAT Writing and FCAT Science
649 shall be administered at least once at the elementary, middle,
650 and high school levels except, beginning with the 2011-2012
651 school year, the administration of FCAT Science at the high
652 school level shall be discontinued.
653 2.a. End-of-course assessments for a subject shall be
654 administered in addition to the comprehensive assessments
655 required under subparagraph 1. End-of-course assessments must be
656 rigorous, statewide, standardized, and developed or approved by
657 the department. The content knowledge and skills assessed by
658 end-of-course assessments must be aligned to the core curricular
659 content established in the Next Generation Sunshine State
660 Standards.
661 (I) Statewide, standardized end-of-course assessments in
662 mathematics shall be administered according to this sub-sub
663 subparagraph. Beginning with the 2010-2011 school year, all
664 students enrolled in Algebra I or an equivalent course must take
665 the Algebra I end-of-course assessment. For students entering
666 grade 9 during the 2010-2011 school year and who are enrolled in
667 Algebra I or an equivalent, Each student’s performance on the
668 end-of-course assessment in Algebra I shall constitute 20 30
669 percent of the student’s final course grade. Beginning with
670 students entering grade 9 in the 2011-2012 school year, a
671 student who is enrolled in Algebra I or an equivalent must earn
672 a passing score on the end-of-course assessment in Algebra I or
673 attain an equivalent score as described in subsection (11) in
674 order to earn course credit. Beginning with the 2011-2012 school
675 year, all students enrolled in geometry or an equivalent course
676 must take the geometry end-of-course assessment. For students
677 entering grade 9 during the 2011-2012 school year, Each
678 student’s performance on the end-of-course assessment in
679 geometry shall constitute 20 30 percent of the student’s final
680 course grade. Beginning with students entering grade 9 during
681 the 2012-2013 school year, a student must earn a passing score
682 on the end-of-course assessment in geometry or attain an
683 equivalent score as described in subsection (11) in order to
684 earn course credit.
685 (II) Statewide, standardized end-of-course assessments in
686 science shall be administered according to this sub-sub
687 subparagraph. Beginning with the 2011-2012 school year, all
688 students enrolled in Biology I or an equivalent course must take
689 the Biology I end-of-course assessment. For the 2011-2012 school
690 year, Each student’s performance on the end-of-course assessment
691 in Biology I shall constitute 20 30 percent of the student’s
692 final course grade. Beginning with students entering grade 9
693 during the 2012-2013 school year, a student must earn a passing
694 score on the end-of-course assessment in Biology I in order to
695 earn course credit.
696 b. During the 2012-2013 school year, an end-of-course
697 assessment in civics education shall be administered as a field
698 test at the middle school level. Beginning with During the 2013
699 2014 school year, each student’s performance on the statewide,
700 standardized end-of-course assessment in civics education shall
701 constitute 20 30 percent of the student’s final course grade.
702 Beginning with the 2014-2015 school year, a student must earn a
703 passing score on the end-of-course assessment in civics
704 education in order to pass the course and be promoted from the
705 middle grades. The school principal of a middle school shall
706 determine, in accordance with State Board of Education rule,
707 whether a student who transfers to the middle school and who has
708 successfully completed a civics education course at the
709 student’s previous school must take an end-of-course assessment
710 in civics education.
711 c. The commissioner may select one or more nationally
712 developed comprehensive examinations, which may include, but
713 need not be limited to, examinations for a College Board
714 Advanced Placement course, International Baccalaureate course,
715 or Advanced International Certificate of Education course, or
716 industry-approved examinations to earn national industry
717 certifications identified in the Industry Certification Funding
718 List, pursuant to rules adopted by the State Board of Education,
719 for use as end-of-course assessments under this paragraph, if
720 the commissioner determines that the content knowledge and
721 skills assessed by the examinations meet or exceed the grade
722 level expectations for the core curricular content established
723 for the course in the Next Generation Sunshine State Standards.
724 The commissioner may collaborate with the American Diploma
725 Project in the adoption or development of rigorous end-of-course
726 assessments that are aligned to the Next Generation Sunshine
727 State Standards.
728 d. Contingent upon funding provided in the General
729 Appropriations Act, including the appropriation of funds
730 received through federal grants, the Commissioner of Education
731 shall establish an implementation schedule for the development
732 and administration of additional statewide, standardized end-of
733 course assessments in English/Language Arts II, Algebra II,
734 chemistry, physics, earth/space science, United States history,
735 and world history. Priority shall be given to the development of
736 end-of-course assessments in English/Language Arts II. The
737 Commissioner of Education shall evaluate the feasibility and
738 effect of transitioning from the grade 9 and grade 10 FCAT
739 Reading and high school level FCAT Writing to an end-of-course
740 assessment in English/Language Arts II. The commissioner shall
741 report the results of the evaluation to the President of the
742 Senate and the Speaker of the House of Representatives no later
743 than July 1, 2011.
744 3. The testing program shall measure student content
745 knowledge and skills adopted by the State Board of Education as
746 specified in paragraph (a) and measure and report student
747 performance levels of all students assessed in reading, writing,
748 mathematics, and science. The commissioner shall provide for the
749 tests to be developed or obtained, as appropriate, through
750 contracts and project agreements with private vendors, public
751 vendors, public agencies, postsecondary educational
752 institutions, or school districts. The commissioner shall obtain
753 input with respect to the design and implementation of the
754 testing program from education stakeholders and experts, state
755 educators, assistive technology experts, and the public.
756 4.a. The testing program shall be composed of criterion
757 referenced tests that shall, to the extent determined by the
758 commissioner, include test items that require the student to
759 produce information or perform tasks in such a way that the core
760 content knowledge and skills he or she uses can be measured.
761 b. The State Board of Education shall develop diagnostic
762 assessments for students in grades 6, 8, and 10 in language
763 arts, mathematics, and science content knowledge and skills to
764 be used to keep students on track to graduate from high school.
765 The diagnostic assessments shall be administered during the
766 first month of the school year and shall be designed to identify
767 specific academic weaknesses in individual students and to
768 provide specific diagnostic information to help focus
769 instruction most effectively to meet the needs of individual
770 students. A school district that demonstrates success by keeping
771 85 percent or more of its students on track to graduate is
772 eligible for an exemption from the diagnostic assessment
773 requirements if the State Board of Education determines that the
774 district has sufficient local assessments to maintain success. A
775 district that meets the exemption criteria of this sub
776 subparagraph shall receive an amount of discretionary funds from
777 the state equal to the amount that would be required to carry
778 out the diagnostic assessments.
779 c. To ensure that students are progressing and meeting
780 international benchmarks, the testing program may include use of
781 international assessments, including the Program for
782 International Student Assessment and the Trends in International
783 Mathematics and Science Study, as diagnostic tools.
784 5. FCAT Reading, Mathematics, and Science and All
785 statewide, standardized end-of-course assessments shall measure
786 the content knowledge and skills a student has attained on the
787 assessment by the use of scaled scores and achievement levels.
788 Achievement levels shall range from 1 through 5, with level 1
789 being the lowest achievement level, level 5 being the highest
790 achievement level, and level 3 indicating satisfactory
791 performance on an assessment. For purposes of FCAT Writing,
792 student achievement shall be scored using a scale of 1 through 6
793 and the score earned shall be used in calculating school grades.
794 A score shall be designated for each subject area tested, below
795 which score a student’s performance is deemed inadequate. The
796 school districts shall provide appropriate remedial instruction
797 and intervention services to students who score below these
798 levels.
799 6. The State Board of Education shall, by rule, designate a
800 passing score for each part of the grade 10 assessment test and
801 end-of-course assessments. Any rule that has the effect of
802 raising the required passing scores may apply only to students
803 taking the assessment for the first time after the rule is
804 adopted by the State Board of Education. Except as otherwise
805 provided in this subparagraph and as provided in s.
806 1003.428(8)(b) or s. 1003.43(11)(b), students must achieve
807 successful overall academic performance based partially on end
808 of-course assessments earn a passing score on grade 10 FCAT
809 Reading and grade 10 FCAT Mathematics or attain equivalent
810 concordant scores as described in subsection (10) in order to
811 qualify for a standard high school diploma.
812 7. In addition to designating a passing score under
813 subparagraph 6., the State Board of Education shall also
814 designate, by rule, a score for each statewide, standardized
815 end-of-course assessment which indicates that a student is high
816 achieving and has the potential to meet college-readiness
817 standards by the time the student graduates from high school.
818 8. Participation in the testing program is mandatory for
819 all students attending public school, including students served
820 in Department of Juvenile Justice programs, except as otherwise
821 prescribed by the commissioner. A student who has not earned
822 passing scores on the grade 10 FCAT as provided in subparagraph
823 6. must participate in each retake of the assessment until the
824 student earns passing scores or achieves scores on a
825 standardized assessment which are concordant with passing scores
826 pursuant to subsection (10). If a student does not participate
827 in the statewide assessment, the district must notify the
828 student’s parent and provide the parent with information
829 regarding the implications of such nonparticipation. A parent
830 must provide signed consent for a student to receive classroom
831 instructional accommodations that would not be available or
832 permitted on the statewide assessments and must acknowledge in
833 writing that he or she understands the implications of such
834 instructional accommodations. The State Board of Education shall
835 adopt rules, based upon recommendations of the commissioner, for
836 the provision of test accommodations for students in exceptional
837 education programs and for students who have limited English
838 proficiency. Accommodations that negate the validity of a
839 statewide assessment are not allowable in the administration of
840 a subject area assessment the FCAT or an end-of-course
841 assessment. However, instructional accommodations are allowable
842 in the classroom if included in a student’s individual education
843 plan. Students using instructional accommodations in the
844 classroom that are not allowable as accommodations on the FCAT
845 or an end-of-course assessment may have the FCAT or an end-of
846 course assessment requirement waived pursuant to the
847 requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
848 9. A student seeking an adult high school diploma must meet
849 the same testing requirements that a regular high school student
850 must meet.
851 10. District school boards must provide instruction to
852 prepare students in the core curricular content established in
853 the Next Generation Sunshine State Standards adopted under s.
854 1003.41, including the core content knowledge and skills
855 necessary for successful grade-to-grade progression and high
856 school graduation. If a student is provided with instructional
857 accommodations in the classroom that are not allowable as
858 accommodations in the statewide assessment program, as described
859 in the test manuals, the district must inform the parent in
860 writing and must provide the parent with information regarding
861 the impact on the student’s ability to meet expected performance
862 levels in reading, writing, mathematics, and science. The
863 commissioner shall conduct studies as necessary to verify that
864 the required core curricular content is part of the district
865 instructional programs.
866 11. District school boards must provide opportunities for
867 students to demonstrate an acceptable performance level on an
868 alternative standardized subject area assessment or an end-of
869 course assessment approved by the State Board of Education
870 following enrollment in summer academies.
871 12. The Department of Education must develop, or select,
872 and implement a common battery of assessment tools that will be
873 used in all juvenile justice programs in the state. These tools
874 must accurately measure the core curricular content established
875 in the Next Generation Sunshine State Standards.
876 13. For students seeking a special diploma pursuant to s.
877 1003.438, the Department of Education must develop or select and
878 implement an alternate assessment tool that accurately measures
879 the core curricular content established in the Next Generation
880 Sunshine State Standards for students with disabilities under s.
881 1003.438.
882 14. The Commissioner of Education shall establish schedules
883 for the administration of statewide assessments and the
884 reporting of student test results. When establishing the
885 schedules for the administration of statewide assessments, the
886 commissioner shall consider the observance of religious and
887 school holidays. The commissioner shall, by August 1 of each
888 year, notify each school district in writing and publish on the
889 department’s Internet website the testing and reporting
890 schedules for, at a minimum, the school year following the
891 upcoming school year. The testing and reporting schedules shall
892 require that:
893 a. There is the latest possible administration of statewide
894 assessments and the earliest possible reporting to the school
895 districts of student test results which is feasible within
896 available technology and specific appropriations; however, test
897 results for the FCAT must be made available no later than the
898 week of June 8. Student results for end-of-course assessments
899 must be provided no later than 1 week after the school district
900 completes testing for each course. The commissioner may extend
901 the reporting schedule under exigent circumstances.
902 b. A comprehensive statewide assessment in FCAT writing may
903 not be administered earlier than the week of March 1, and a
904 comprehensive statewide assessment of any other subject may not
905 be administered earlier than the week of April 15.
906 c. A statewide, standardized end-of-course assessment is
907 administered at the end of the course. The commissioner shall
908 select an administration period for assessments that meets the
909 intent of end-of-course assessments and provides student results
910 prior to the end of the course. School districts shall
911 administer tests in accordance with the schedule determined by
912 the commissioner. For an end-of-course assessment administered
913 at the end of the first semester, the commissioner shall
914 determine the most appropriate testing dates based on a review
915 of each school district’s academic calendar.
916
917 The commissioner may, based on collaboration and input from
918 school districts, design and implement student testing programs,
919 for any grade level and subject area, necessary to effectively
920 monitor educational achievement in the state, including the
921 measurement of educational achievement of the Next Generation
922 Sunshine State Standards for students with disabilities.
923 Development and refinement of assessments shall include
924 universal design principles and accessibility standards that
925 will prevent any unintended obstacles for students with
926 disabilities while ensuring the validity and reliability of the
927 test. These principles should be applicable to all technology
928 platforms and assistive devices available for the assessments.
929 The field testing process and psychometric analyses for the
930 statewide assessment program must include an appropriate
931 percentage of students with disabilities and an evaluation or
932 determination of the effect of test items on such students.
933 (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
934 ACTIVITIES.—Beginning with the 2008-2009 school year, a district
935 school board shall prohibit each public school from suspending a
936 regular program of curricula for purposes of administering
937 practice tests or engaging in other test-preparation activities
938 for a statewide assessment. However, a district school board may
939 authorize a public school to engage in the following test
940 preparation activities for a statewide assessment:
941 (b) Providing individualized instruction in test-taking
942 strategies, without suspending the school’s regular program of
943 curricula, for a student who is identified through performance
944 on a subject area assessment or an end-of-course assessment as
945 having a deficiency in test-taking skills scores at Level 1 or
946 Level 2 on a prior administration of the statewide assessment.
947 (c) Providing individualized instruction in the content
948 knowledge and skills assessed, without suspending the school’s
949 regular program of curricula, for a student who scores at Level
950 1 or Level 2 on a prior administration of the statewide
951 assessment or a student who, through a diagnostic assessment
952 administered by the school district, is identified as having a
953 deficiency in the content knowledge and skills assessed.
954 (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
955 minimum, for the following analyses of data produced by the
956 student achievement testing program:
957 (a) The statistical system for the annual assessments shall
958 use measures of student learning, such as subject area
959 assessments and end-of-course assessments the FCAT, to determine
960 teacher, school, and school district statistical distributions,
961 which shall be determined using available data from the
962 assessments FCAT, and other data collection as deemed
963 appropriate by the Department of Education, to measure the
964 differences in student prior year achievement compared to the
965 current year achievement for the purposes of accountability and
966 recognition.
967 (9) APPLICABILITY OF TESTING STANDARDS.—
968 (b) A student must attain the passing scores on the
969 statewide assessment required for a standard high school diploma
970 or for high school course credits under sub-sub-subparagraphs
971 (3)(c)2.a.(I) and (II) which are in effect at the time the
972 student enters grade 9. If a student transfers into a high
973 school, the school principal shall determine, in accordance with
974 State Board of Education rule, whether the student must take an
975 end-of-course assessment in a course for which the student has
976 credit that was earned from the previous school.
977 (c) If the commissioner revises a statewide assessment and
978 the revisions require the State Board of Education to modify the
979 passing scores required for a standard high school diploma or
980 for high school course credits under sub-sub-subparagraphs
981 (3)(c)2.a.(I) and (II), the commissioner may, with approval of
982 the state board, discontinue administration of the former
983 assessment upon the graduation, based on normal student
984 progression, of students participating in the final regular
985 administration of the former assessment. The state board shall
986 adopt by rule passing scores for the revised assessment which
987 are statistically equivalent to passing scores on the
988 discontinued assessment for a student required under paragraph
989 (b) to attain passing scores on the discontinued assessment.
990 (10) CONCORDANT SCORES FOR THE FCAT.—
991 (a) The Commissioner of Education shall analyze the content
992 and concordant data sets for nationally recognized high school
993 achievement tests, including, but not limited to, the PSAT,
994 PLAN, SAT, ACT, and College Placement Test, to assess if
995 concordant scores for FCAT scores can be determined for high
996 school graduation. When content alignment and concordant scores
997 can be determined, the Commissioner of Education shall adopt
998 those scores as meeting the graduation requirement in lieu of
999 achieving the FCAT passing score and may adopt those scores as
1000 being sufficient to achieve additional purposes as determined by
1001 rule. Each time that test content or scoring procedures change
1002 for the FCAT or for a high school achievement test for which a
1003 concordant score is determined, new concordant scores must be
1004 determined.
1005 (b) The State Board of Education may define by rule the
1006 allowable uses, other than to satisfy the high school graduation
1007 requirement, for concordant scores as described in this
1008 subsection. Such uses may include, but need not be limited to,
1009 achieving appropriate standardized test scores required for the
1010 awarding of Florida Bright Futures Scholarships and college
1011 placement.
1012 (10)(11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
1013 (a) The Commissioner of Education shall analyze the content
1014 and equivalent data sets for nationally recognized high school
1015 achievement tests and industry certification tests under the
1016 Industry Certification Funding List, pursuant to rules adopted
1017 by the State Board of Education, including, but not limited to,
1018 grade 10 FCAT Mathematics retakes until such retakes are
1019 discontinued pursuant to subsection (9), the PSAT, the PLAN, the
1020 SAT, the ACT, and the College Placement Test, to assess if
1021 equivalent scores for end-of-course assessment scores can be
1022 determined for passage of an end-of-course assessment. When
1023 content alignment and equivalent scores can be determined, the
1024 Commissioner of Education shall adopt those scores as meeting
1025 the requirement to pass the end-of-course assessment and as
1026 being sufficient to achieve additional purposes as determined by
1027 rule. Each time that assessment content or scoring procedures
1028 change for an end-of-course assessment or for a high school
1029 achievement test or an industry certification test under the
1030 Industry Certification Funding List, pursuant to rules adopted
1031 by the State Board of Education for which an equivalent score is
1032 determined, new equivalent scores must be determined.
1033 (b) Use of an equivalent score adopted by the State Board
1034 of Education under paragraph (a) for purposes of grade
1035 adjustment, grade forgiveness, or course credit recovery is
1036 contingent upon and subject to district school board rules.
1037 (11)(12) REPORTS.—The Department of Education shall
1038 annually provide a report to the Governor, the President of the
1039 Senate, and the Speaker of the House of Representatives on the
1040 following:
1041 (a) Longitudinal performance of students in mathematics and
1042 reading.
1043 (b) Longitudinal performance of students by grade level in
1044 mathematics and reading.
1045 (c) Longitudinal performance regarding efforts to close the
1046 achievement gap.
1047 (d) Other student performance data based on national norm
1048 referenced and criterion-referenced tests, when available, and
1049 numbers of students who after 8th grade enroll in adult
1050 education rather than other secondary education.
1051 (12)(13) RULES.—The State Board of Education shall adopt
1052 rules pursuant to ss. 120.536(1) and 120.54 to implement the
1053 provisions of this section.
1054 Section 10. Subsection (1), paragraph (b) of subsection
1055 (2), subsections (3) and (4), paragraphs (b) and (c) of
1056 subsection (5), paragraphs (b) and (c) of subsection (6),
1057 paragraph (b) of subsection (7), and paragraphs (a) and (b) of
1058 subsection (8) of section 1008.25, Florida Statutes, are amended
1059 to read:
1060 1008.25 Public school student progression; remedial
1061 instruction; reporting requirements.—
1062 (1) INTENT.—It is the intent of the Legislature that each
1063 student’s progression from one grade to another be determined,
1064 in part, upon proficiency in language arts reading, writing,
1065 science, and mathematics; that district school board policies
1066 facilitate such proficiency; and that each student and his or
1067 her parent be informed of that student’s academic progress.
1068 (2) COMPREHENSIVE PROGRAM.—Each district school board shall
1069 establish a comprehensive program for student progression which
1070 must include:
1071 (b) Specific levels of performance in language arts
1072 reading, writing, science, and mathematics for each grade level,
1073 including the levels of performance on statewide assessments as
1074 defined by the commissioner, below which a student must receive
1075 remediation or intervention services, or be retained within an
1076 intensive program that is different from the previous year’s
1077 program and that takes into account the student’s learning
1078 style.
1079 (3) ALLOCATION OF RESOURCES.—District school boards shall
1080 allocate remedial and supplemental instruction and intervention
1081 resources to students in the following priority:
1082 (a) Students who are deficient in reading by the end of
1083 grade 3.
1084 (b) Students who fail to meet performance levels required
1085 for promotion consistent with the district school board’s plan
1086 for student progression required in paragraph (2)(b).
1087 (4) ASSESSMENT AND REMEDIATION.—
1088 (a) Each student must participate in the statewide
1089 assessment program tests required by s. 1008.22. Each student
1090 who does not meet specific levels of performance as determined
1091 by the district school board in language arts FCAT reading,
1092 writing, science, and mathematics for each grade level, or who
1093 scores below Level 3 in FCAT reading or FCAT mathematics, must
1094 be provided with additional diagnostic assessments to determine
1095 the nature of the student’s difficulty, the areas of academic
1096 need, and strategies for appropriate intervention and
1097 instruction as described in paragraph (b).
1098 (b) The school in which the student is enrolled must
1099 develop, in consultation with the student’s parent, and must
1100 implement a progress monitoring plan. A progress monitoring plan
1101 is intended to provide the school district and the school
1102 flexibility in meeting the academic needs of the student and to
1103 reduce paperwork. A student who is not meeting the school
1104 district or state requirements for proficiency in reading and
1105 math shall be covered by one of the following plans to target
1106 instruction and identify ways to improve his or her academic
1107 achievement:
1108 1. A federally required student plan such as an individual
1109 education plan;
1110 2. A schoolwide system of progress monitoring for all
1111 students; or
1112 3. An individualized progress monitoring plan.
1113
1114 The plan chosen must be designed to assist the student or the
1115 school in meeting state and district expectations for
1116 proficiency. If the student has been identified as having a
1117 deficiency in reading, the K-12 comprehensive reading plan
1118 required by s. 1011.62(9) shall include instructional and
1119 support services to be provided to meet the desired levels of
1120 performance. District school boards may require low-performing
1121 students to attend remediation or intervention programs held
1122 before or after regular school hours or during the summer if
1123 transportation is provided.
1124 (c) Upon subsequent evaluation, if the documented
1125 deficiency has not been remediated, the student may be retained.
1126 Each student who does not meet the minimum performance
1127 expectations defined by the Commissioner of Education for the
1128 statewide assessment tests in language arts reading, writing,
1129 science, and mathematics must continue to be provided with
1130 remedial or supplemental instruction or intervention services
1131 until the expectations are met or the student graduates from
1132 high school or is not subject to compulsory school attendance.
1133 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1134 (b) Beginning with the 2002-2003 school year, If the
1135 student’s reading deficiency, as identified in paragraph (a), is
1136 not remedied by the end of grade 3, as demonstrated by scoring
1137 at Level 2 or higher on the statewide subject area assessment
1138 test in reading for grade 3, the student may must be retained at
1139 the discretion of the principal after consultation with the
1140 student’s teacher and parent.
1141 (c) The parent of any student who exhibits a substantial
1142 deficiency in reading, as described in paragraph (a), must be
1143 notified in writing of the following:
1144 1. That his or her child has been identified as having a
1145 substantial deficiency in reading.
1146 2. A description of the current services that are provided
1147 to the child.
1148 3. A description of the proposed supplemental instructional
1149 services and supports that will be provided to the child that
1150 are designed to remediate the identified area of reading
1151 deficiency.
1152 4. That if the child’s reading deficiency is not remediated
1153 by the end of grade 3, the child may must be retained unless he
1154 or she is exempt from mandatory retention for good cause.
1155 5. Strategies for parents to use in helping their child
1156 succeed in reading proficiency.
1157 6. That the statewide subject area assessment Florida
1158 Comprehensive Assessment Test (FCAT) is not the sole determiner
1159 of promotion and that additional evaluations, portfolio reviews,
1160 and assessments are available to the child to assist parents and
1161 the school district in knowing when a child is reading at or
1162 above grade level and ready for grade promotion.
1163 7. The district’s specific criteria and policies for
1164 midyear promotion. Midyear promotion means promotion of a
1165 retained student at any time during the year of retention once
1166 the student has demonstrated ability to read at grade level.
1167 (6) ELIMINATION OF SOCIAL PROMOTION.—
1168 (b) The district school board may promote students only
1169 exempt students from mandatory retention, as provided in
1170 paragraph (5)(b), for good cause. Students promoted for good
1171 cause may include, but are not limited to, exemptions shall be
1172 limited to the following:
1173 1. Limited English proficient students who have had less
1174 than 2 years of instruction in an English for Speakers of Other
1175 Languages program.
1176 2. Students with disabilities whose individual education
1177 plan indicates that participation in the statewide assessment
1178 program is not appropriate, consistent with the requirements of
1179 State Board of Education rule.
1180 3. Students who demonstrate an acceptable level of
1181 performance on an alternative standardized reading assessment
1182 approved by the State Board of Education.
1183 4. Students who demonstrate, through a student portfolio,
1184 that the student is reading on grade level as evidenced by
1185 demonstration of mastery of the Next Generation Sunshine State
1186 Standards in reading equal to at least a Level 2 performance on
1187 the FCAT.
1188 5. Students with disabilities who participate in the FCAT
1189 and who have an individual education plan or a Section 504 plan
1190 that reflects that the student has received intensive
1191 remediation or intervention services in reading for more than 2
1192 years but still demonstrates a deficiency in reading and was
1193 previously retained in kindergarten, grade 1, grade 2, or grade
1194 3.
1195 6. Students who have received intensive remediation or
1196 intervention services in reading for 2 or more years but still
1197 demonstrate a deficiency in reading and who were previously
1198 retained in kindergarten, grade 1, grade 2, or grade 3 for a
1199 total of 2 years. Intensive reading instruction or intervention
1200 services for students so promoted must include an altered
1201 instructional day that includes specialized diagnostic
1202 information and specific reading strategies for each student.
1203 The district school board shall assist schools and teachers to
1204 implement reading strategies that research has shown to be
1205 successful in improving reading among low-performing readers.
1206 (c) Promotions for good cause Requests for good cause
1207 exemptions for students from the mandatory retention requirement
1208 as described in subparagraphs (b)3. and 4. shall be made
1209 consistent with the following:
1210 1. Documentation shall be submitted from the student’s
1211 teacher to the school principal that indicates that the
1212 promotion of the student is appropriate and is based upon the
1213 student’s academic record. In order to minimize paperwork
1214 requirements, such documentation shall consist only of the
1215 existing progress monitoring plan, individual educational plan,
1216 if applicable, report card, or student portfolio.
1217 2. The school principal shall review and discuss such
1218 recommendation with the teacher and make the determination as to
1219 whether the student should be promoted or retained. If the
1220 school principal determines that the student should be promoted,
1221 the school principal shall make such recommendation in writing
1222 to the district school superintendent. The district school
1223 superintendent shall accept or reject the school principal’s
1224 recommendation in writing.
1225 (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
1226 (b) Beginning with the 2004-2005 school year, Each school
1227 district shall:
1228 1. Conduct a review of student progress monitoring plans
1229 for all students who did not score above Level 1 on the reading
1230 portion of the FCAT and did not meet the criteria for a one of
1231 the good cause promotion exemptions in paragraph (6)(b). The
1232 review shall address additional supports and services, as
1233 described in this subsection, needed to remediate the identified
1234 areas of reading deficiency. The school district shall require a
1235 student portfolio to be completed for each such student.
1236 2. Provide students who are retained under the provisions
1237 of paragraph (5)(b) with intensive instructional services and
1238 supports to remediate the identified areas of reading
1239 deficiency, including a minimum of 90 minutes of daily,
1240 uninterrupted, scientifically research-based reading instruction
1241 and other strategies prescribed by the school district, which
1242 may include, but are not limited to:
1243 a. Small group instruction.
1244 b. Reduced teacher-student ratios.
1245 c. More frequent progress monitoring.
1246 d. Tutoring or mentoring.
1247 e. Transition classes containing 3rd and 4th grade
1248 students.
1249 f. Extended school day, week, or year.
1250 g. Summer reading camps.
1251 3. Provide written notification to the parent of any
1252 student who is retained under the provisions of paragraph (5)(b)
1253 that his or her child has not met the proficiency level required
1254 for promotion and the reasons the child is not eligible for a
1255 good cause promotion exemption as provided in paragraph (6)(b).
1256 The notification must comply with the provisions of s.
1257 1002.20(15) and must include a description of proposed
1258 interventions and supports that will be provided to the child to
1259 remediate the identified areas of reading deficiency.
1260 4. Implement a policy for the midyear promotion of any
1261 student retained under the provisions of paragraph (5)(b) who
1262 can demonstrate that he or she is a successful and independent
1263 reader, reading at or above grade level, and ready to be
1264 promoted to grade 4. Tools that school districts may use in
1265 reevaluating any student retained may include subsequent
1266 assessments, alternative assessments, and portfolio reviews, in
1267 accordance with rules of the State Board of Education. Students
1268 promoted during the school year after November 1 must
1269 demonstrate proficiency above that required to score at Level 2
1270 on the grade 3 FCAT, as determined by the State Board of
1271 Education. The State Board of Education shall adopt standards
1272 that provide a reasonable expectation that the student’s
1273 progress is sufficient to master appropriate 4th grade level
1274 reading skills.
1275 5. Provide students who are retained under the provisions
1276 of paragraph (5)(b) with a high-performing teacher as determined
1277 by student performance data and above-satisfactory performance
1278 appraisals.
1279 6. In addition to required reading enhancement and
1280 acceleration strategies, provide parents of students to be
1281 retained with at least one of the following instructional
1282 options:
1283 a. Supplemental tutoring in scientifically research-based
1284 reading services in addition to the regular reading block,
1285 including tutoring before and/or after school.
1286 b. A “Read at Home” plan outlined in a parental contract,
1287 including participation in “Families Building Better Readers
1288 Workshops” and regular parent-guided home reading.
1289 c. A mentor or tutor with specialized reading training.
1290 7. Establish a Reading Enhancement and Acceleration
1291 Development (READ) Initiative. The focus of the READ Initiative
1292 shall be to prevent the retention of grade 3 students and to
1293 offer intensive accelerated reading instruction to grade 3
1294 students who failed to meet standards for promotion to grade 4
1295 and to each K-3 student who is assessed as exhibiting a reading
1296 deficiency. The READ Initiative shall:
1297 a. Be provided to all K-3 students at risk of retention as
1298 identified by the statewide assessment system used in Reading
1299 First schools. The assessment must measure phonemic awareness,
1300 phonics, fluency, vocabulary, and comprehension.
1301 b. Be provided during regular school hours in addition to
1302 the regular reading instruction.
1303 c. Provide a state-identified reading curriculum that has
1304 been reviewed by the Florida Center for Reading Research at
1305 Florida State University and meets, at a minimum, the following
1306 specifications:
1307 (I) Assists students assessed as exhibiting a reading
1308 deficiency in developing the ability to read at grade level.
1309 (II) Provides skill development in phonemic awareness,
1310 phonics, fluency, vocabulary, and comprehension.
1311 (III) Provides scientifically based and reliable
1312 assessment.
1313 (IV) Provides initial and ongoing analysis of each
1314 student’s reading progress.
1315 (V) Is implemented during regular school hours.
1316 (VI) Provides a curriculum in core academic subjects to
1317 assist the student in maintaining or meeting proficiency levels
1318 for the appropriate grade in all academic subjects.
1319 8. Establish at each school, where applicable, an Intensive
1320 Acceleration Class for retained grade 3 students who
1321 subsequently score at Level 1 on the reading portion of the
1322 FCAT. The focus of the Intensive Acceleration Class shall be to
1323 increase a child’s reading level at least two grade levels in 1
1324 school year. The Intensive Acceleration Class shall:
1325 a. Be provided to any student in grade 3 who does not meet
1326 the proficiency level in reading required for promotion scores
1327 at Level 1 on the reading portion of the FCAT and who was
1328 retained in grade 3 the prior year because of inadequate
1329 proficiency in reading scoring at Level 1 on the reading portion
1330 of the FCAT.
1331 b. Have a reduced teacher-student ratio.
1332 c. Provide uninterrupted reading instruction for the
1333 majority of student contact time each day and incorporate
1334 opportunities to master the grade 4 Next Generation Sunshine
1335 State Standards in other core subject areas.
1336 d. Use a reading program that is scientifically research
1337 based and has proven results in accelerating student reading
1338 achievement within the same school year.
1339 e. Provide intensive language and vocabulary instruction
1340 using a scientifically research-based program, including use of
1341 a speech-language therapist.
1342 f. Include weekly progress monitoring measures to ensure
1343 progress is being made.
1344 g. Report to the Department of Education, in the manner
1345 described by the department, the progress of students in the
1346 class at the end of the first semester.
1347 9. Report to the State Board of Education, as requested, on
1348 the specific intensive reading interventions and supports
1349 implemented at the school district level. The Commissioner of
1350 Education shall annually prescribe the required components of
1351 requested reports.
1352 10. Provide a student who has been retained in grade 3 and
1353 has received intensive instructional services but is still not
1354 ready for grade promotion, as determined by the school district,
1355 the option of being placed in a transitional instructional
1356 setting. Such setting shall specifically be designed to produce
1357 learning gains sufficient to meet grade 4 performance standards
1358 while continuing to remediate the areas of reading deficiency.
1359 (8) ANNUAL REPORT.—
1360 (a) In addition to the requirements in paragraph (5)(b),
1361 each district school board must annually report to the parent of
1362 each student the progress of the student toward achieving state
1363 and district expectations for proficiency in language arts
1364 reading, writing, science, and mathematics. The district school
1365 board must report to the parent the student’s results on each
1366 statewide assessment test. The evaluation of each student’s
1367 progress must be based upon the student’s classroom work,
1368 observations, tests, district and state assessments, and other
1369 relevant information. Progress reporting must be provided to the
1370 parent in writing in a format adopted by the district school
1371 board.
1372 (b) Each district school board must annually publish in the
1373 local newspaper, and report in writing to the State Board of
1374 Education by September 1 of each year, the following information
1375 on the prior school year:
1376 1. The provisions of this section relating to public school
1377 student progression and the district school board’s policies and
1378 procedures on student retention and promotion.
1379 2. By grade, the number and percentage of all students in
1380 grades 3 through 12 10 performing below proficiency levels for
1381 the grade on statewide subject area assessments and end-of
1382 course assessments in language arts, mathematics, and science at
1383 Levels 1 and 2 on the reading portion of the FCAT.
1384 3. By grade, the number and percentage of all students
1385 retained in grades 3 through 12 10.
1386 4. Information on the total number of students who were
1387 promoted for good cause, by each category of good cause as
1388 specified in paragraph (6)(b).
1389 5. Any revisions to the district school board’s policy on
1390 student retention and promotion from the prior year.
1391 Section 11. Subsection (3) of section 1008.30, Florida
1392 Statutes, is amended to read:
1393 1008.30 Common placement testing for public postsecondary
1394 education.—
1395 (3) The State Board of Education shall adopt rules that
1396 require high schools to evaluate before the beginning of grade
1397 12 the college readiness of each student who indicates an
1398 interest in postsecondary education scores at Level 2 or Level 3
1399 on the reading portion of the grade 10 FCAT or Level 2, Level 3,
1400 or Level 4 on the mathematics assessments under s.
1401 1008.22(3)(c). High schools shall perform this evaluation using
1402 results from the corresponding component of the common placement
1403 test prescribed in this section, or an equivalent test
1404 identified by the State Board of Education. The State Board of
1405 Education shall identify in rule the assessments necessary to
1406 perform the evaluations required by this subsection and shall
1407 work with the school districts to administer the assessments.
1408 The State Board of Education shall establish by rule the minimum
1409 test scores a student must achieve to demonstrate readiness.
1410 Students who demonstrate readiness by achieving the minimum test
1411 scores established by the state board and enroll in a Florida
1412 College System institution within 2 years after of achieving
1413 such scores shall not be required to retest or enroll in
1414 remediation when admitted to any Florida College System
1415 institution. The high school shall use the results of the test
1416 to advise the students of any identified deficiencies and to
1417 provide 12th grade students, and require them to complete,
1418 appropriate postsecondary preparatory instruction prior to high
1419 school graduation. The curriculum provided under this subsection
1420 shall be identified in rule by the State Board of Education and
1421 encompass Florida’s Postsecondary Readiness Competencies. Other
1422 elective courses may not be substituted for the selected
1423 postsecondary reading, mathematics, or writing preparatory
1424 course unless the elective course covers the same competencies
1425 included in the postsecondary reading, mathematics, or writing
1426 preparatory course.
1427 Section 12. Paragraphs (b) and (c) of subsection (3) and
1428 subsection (4) of section 1008.34, Florida Statutes, are amended
1429 to read:
1430 1008.34 School grading system; school report cards;
1431 district grade.—
1432 (3) DESIGNATION OF SCHOOL GRADES.—
1433 (b)1. Beginning with the 2016-2017 school year for schools
1434 comprised of any combination of grades 3 through 8, 25 percent
1435 of the school grade shall be based on subject area assessment
1436 scores or end-of-course assessment scores in core and noncore
1437 subjects administered under s. 1008.22, as applicable, and the
1438 remaining 75 percent on the following factors:
1439 a. Student achievement scores, including achievement scores
1440 for students seeking a special diploma;
1441 b. Student learning gains as measured by annual subject
1442 area assessments in grades 3 through 5 or end-of-course
1443 assessments in grades 6 through 8 and learning gains for
1444 students seeking a special diploma as measured by alternate
1445 assessment tools, if necessary;
1446 c. Improvement of the lowest 25th percentile of students in
1447 the school on subject area assessments in grades 3 through 5 or
1448 end-of-course assessments in grades 6 through 8, unless these
1449 students are exhibiting satisfactory performance;
1450 d. The overall academic performance of the students in the
1451 school based on grade point average, student portfolios,
1452 readiness for grade promotion, and, if determined by the State
1453 Board of Education, other measurable indicators of student
1454 progress;
1455 e. The growth or decline in the components listed in sub
1456 subparagraphs a.-d. from year to year; and
1457 f. The school’s use of technology and innovative practices.
1458 A school’s grade shall be based on a combination of:
1459 a. Student achievement scores, including achievement on all
1460 FCAT assessments administered under s. 1008.22(3)(c)1., end-of
1461 course assessments administered under s. 1008.22(3)(c)2.a., and
1462 achievement scores for students seeking a special diploma.
1463 b. Student learning gains in reading and mathematics as
1464 measured by FCAT and end-of-course assessments, as described in
1465 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1466 a special diploma, as measured by an alternate assessment tool,
1467 shall be included not later than the 2009-2010 school year.
1468 c. Improvement of the lowest 25th percentile of students in
1469 the school in reading and mathematics on the FCAT or end-of
1470 course assessments described in s. 1008.22(3)(c)2.a., unless
1471 these students are exhibiting satisfactory performance.
1472 2. Beginning with the 2011-2012 school year, for schools
1473 comprised of middle school grades 6 through 8 or grades 7 and 8,
1474 the school’s grade shall include the performance and
1475 participation of its students enrolled in high school level
1476 courses with end-of-course assessments administered under s.
1477 1008.22(3)(c)2.a. Performance and participation must be weighted
1478 equally. As valid data becomes available, the school grades
1479 shall include the students’ attainment of national industry
1480 certification identified in the Industry Certification Funding
1481 List pursuant to rules adopted by the State Board of Education.
1482 3. Beginning with the 2016-2017 2009-2010 school year for
1483 schools comprised of high school grades 9, 10, 11, and 12, or
1484 grades 10, 11, and 12:
1485 a. Fifty, 50 percent of the school grade shall be based on
1486 a combination of the following factors:
1487 (I) Student achievement scores, including achievement
1488 scores for students seeking a special diploma;
1489 (II) Student learning gains as measured by end-of-course
1490 assessments and learning gains for students seeking a special
1491 diploma as measured by alternate assessment tools, if necessary;
1492 and
1493 (III) Improvement of the lowest 25th percentile of students
1494 in the school on end-of-course assessments, unless these
1495 students are exhibiting satisfactory performance. listed in sub
1496 subparagraphs 1.a.-c. and
1497 b. The remaining 50 percent of the school grade shall be
1498 based on the following factors:
1499 (I)a. The high school graduation rate of the school;
1500 (II)b. As valid data becomes available, the performance and
1501 participation of the school’s students in College Board Advanced
1502 Placement courses, International Baccalaureate courses, dual
1503 enrollment courses, and Advanced International Certificate of
1504 Education courses; and the students’ achievement of national
1505 industry certification identified in the Industry Certification
1506 Funding List, pursuant to rules adopted by the State Board of
1507 Education;
1508 (III)c. Postsecondary readiness of the school’s students as
1509 measured by the SAT, ACT, or the common placement test;
1510 (IV)d. The high school graduation rate of at-risk students
1511 who did not meet proficiency levels scored at Level 2 or lower
1512 on the grade 8 end-of-course assessments in language arts,
1513 mathematics, and science FCAT Reading and Mathematics
1514 examinations;
1515 (V)e. As valid data becomes available, The performance of
1516 the school’s students on statewide standardized end-of-course
1517 assessments administered under s. 1008.22(3)(c)2.c. and d.; and
1518 (VI)f. The growth or decline in the components listed in
1519 sub-sub-subparagraphs (I)-(V) sub-subparagraphs a.-e. from year
1520 to year.
1521 (c) Student assessment data used in determining school
1522 grades shall include:
1523 1. The aggregate scores of all eligible students enrolled
1524 in the school who have been assessed on the FCAT and statewide,
1525 standardized end-of-course assessments in courses required for
1526 high school graduation, including, beginning with the 2010-2011
1527 school year, the end-of-course assessment in Algebra I; and
1528 beginning with the 2011-2012 school year, the end-of-course
1529 assessments in geometry and Biology; and beginning with the
1530 2013-2014 school year, on the statewide, standardized end-of
1531 course assessment in civics education at the middle school
1532 level.
1533 2. The aggregate scores of all eligible students enrolled
1534 in the school who have been assessed on the FCAT and end-of
1535 course assessments as described in s. 1008.22(3)(c)2.a., and who
1536 have scored at or in the lowest 25th percentile of students in
1537 the school in reading and mathematics, unless these students are
1538 exhibiting satisfactory performance.
1539 3. The achievement scores and learning gains of eligible
1540 students attending alternative schools that provide dropout
1541 prevention and academic intervention services pursuant to s.
1542 1003.53. The term “eligible students” in this subparagraph does
1543 not include students attending an alternative school who are
1544 subject to district school board policies for expulsion for
1545 repeated or serious offenses, who are in dropout retrieval
1546 programs serving students who have officially been designated as
1547 dropouts, or who are in programs operated or contracted by the
1548 Department of Juvenile Justice. The student performance data for
1549 eligible students identified in this subparagraph shall be
1550 included in the calculation of the home school’s grade. As used
1551 in this subparagraph and s. 1008.341, the term “home school”
1552 means the school to which the student would be assigned if the
1553 student were not assigned to an alternative school. If an
1554 alternative school chooses to be graded under this section,
1555 student performance data for eligible students identified in
1556 this subparagraph shall not be included in the home school’s
1557 grade but shall be included only in the calculation of the
1558 alternative school’s grade. A school district that fails to
1559 assign the FCAT and end-of-course assessment as described in s.
1560 1008.22(3)(c)2.a. scores of each of its students to his or her
1561 home school or to the alternative school that receives a grade
1562 shall forfeit Florida School Recognition Program funds for 1
1563 fiscal year. School districts must require collaboration between
1564 the home school and the alternative school in order to promote
1565 student success. This collaboration must include an annual
1566 discussion between the principal of the alternative school and
1567 the principal of each student’s home school concerning the most
1568 appropriate school assignment of the student.
1569 4. The achievement scores and learning gains of students
1570 designated as hospital- or homebound. Student assessment data
1571 for students designated as hospital- or homebound shall be
1572 assigned to their home school for the purposes of school grades.
1573 As used in this subparagraph, the term “home school” means the
1574 school to which a student would be assigned if the student were
1575 not assigned to a hospital- or homebound program.
1576 5. Beginning with the 2016-2017 school year for schools
1577 comprised of high school grades 9, 10, 11, and 12, or grades 10,
1578 11, and 12, the data listed in subparagraphs 1.-3. and the
1579 following data as the Department of Education determines such
1580 data are valid and available:
1581 a. The high school graduation rate of the school as
1582 calculated by the Department of Education;
1583 b. The participation rate of all eligible students enrolled
1584 in the school and enrolled in College Board Advanced Placement
1585 courses; International Baccalaureate courses; dual enrollment
1586 courses; Advanced International Certificate of Education
1587 courses; and courses or sequences of courses leading to national
1588 industry certification identified in the Industry Certification
1589 Funding List, pursuant to rules adopted by the State Board of
1590 Education;
1591 c. The aggregate scores of all eligible students enrolled
1592 in the school in College Board Advanced Placement courses,
1593 International Baccalaureate courses, and Advanced International
1594 Certificate of Education courses;
1595 d. Earning of college credit by all eligible students
1596 enrolled in the school in dual enrollment programs under s.
1597 1007.271;
1598 e. Earning of a national industry certification identified
1599 in the Industry Certification Funding List, pursuant to rules
1600 adopted by the State Board of Education;
1601 f. The aggregate scores of all eligible students enrolled
1602 in the school in reading, mathematics, and other subjects as
1603 measured by the SAT, the ACT, and the common placement test for
1604 postsecondary readiness;
1605 g. The high school graduation rate of all eligible at-risk
1606 students enrolled in the school who did not meet proficiency
1607 levels scored at Level 2 or lower on the grade 8 end-of-course
1608 assessments in language arts, mathematics, and science FCAT
1609 Reading and Mathematics examinations;
1610 h. The performance of the school’s students on statewide
1611 standardized end-of-course assessments administered under s.
1612 1008.22(3)(c)2.c. and d.; and
1613 i. The growth or decline in the data components listed in
1614 sub-subparagraphs a.-h. from year to year.
1615
1616 The State Board of Education shall adopt appropriate criteria
1617 for each school grade. The criteria must also give added weight
1618 to student achievement in language arts reading. Schools
1619 designated with a grade of “C,” making satisfactory progress,
1620 shall be required to demonstrate that adequate progress has been
1621 made by students in the school who are in the lowest 25th
1622 percentile on subject area assessments or end-of-course
1623 assessments in language arts reading and mathematics on the FCAT
1624 and on end-of-course assessments as described in s.
1625 1008.22(3)(c)2.a., unless these students are exhibiting
1626 satisfactory performance. Beginning with the 2016-2017 2009-2010
1627 school year for schools comprised of high school grades 9, 10,
1628 11, and 12, or grades 10, 11, and 12, the criteria for school
1629 grades must also give added weight to the graduation rate of all
1630 eligible at-risk students, as defined in this paragraph.
1631 Beginning in the 2016-2017 2009-2010 school year, in order for a
1632 high school to be designated as having a grade of “A,” making
1633 excellent progress, the school must demonstrate that at-risk
1634 students, as defined in this paragraph, in the school are making
1635 adequate progress.
1636 (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
1637 identify each school’s performance as having improved, remained
1638 the same, or declined. This school improvement rating shall be
1639 based on a comparison of the current year’s and previous year’s
1640 student and school performance data. Schools that improve at
1641 least one grade level are eligible for school recognition awards
1642 pursuant to s. 1008.36.
1643 Section 13. Subsections (2) and (3) of section 1008.341,
1644 Florida Statutes, are amended to read:
1645 1008.341 School improvement rating for alternative
1646 schools.—
1647 (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
1648 provides dropout prevention and academic intervention services
1649 pursuant to s. 1003.53 shall receive a school improvement rating
1650 pursuant to this section. However, an alternative school shall
1651 not receive a school improvement rating if the number of its
1652 students for whom student performance data is available for the
1653 current year and previous year is less than the minimum sample
1654 size necessary, based on accepted professional practice, for
1655 statistical reliability and prevention of the unlawful release
1656 of personally identifiable student data under s. 1002.22 or 20
1657 U.S.C. s. 1232g. The school improvement rating shall identify an
1658 alternative school as having one of the following ratings
1659 defined according to rules of the State Board of Education:
1660 (a) “Improving” means the students attending the school are
1661 making more academic progress than when the students were served
1662 in their home schools.
1663 (b) “Maintaining” means the students attending the school
1664 are making progress equivalent to the progress made when the
1665 students were served in their home schools.
1666 (c) “Declining” means the students attending the school are
1667 making less academic progress than when the students were served
1668 in their home schools.
1669
1670 The school improvement rating shall be based on a comparison of
1671 student performance data for the current year and previous year.
1672 Schools that improve at least one level or maintain an
1673 “improving” rating pursuant to this section are eligible for
1674 school recognition awards pursuant to s. 1008.36.
1675 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
1676 used in determining an alternative school’s school improvement
1677 rating shall include:
1678 (a) The aggregate scores on statewide assessments
1679 administered under s. 1008.22 for all eligible students who were
1680 assigned to and enrolled in the school during the October or
1681 February FTE count and who have FCAT or comparable scores for
1682 the preceding school year.
1683 (b) The overall academic performance of all eligible
1684 students in grades 3 through 12 based on grade point average,
1685 student portfolios, readiness for grade promotion, readiness for
1686 postsecondary education and careers, and, if determined by the
1687 State Board of Education, other measurable indicators of student
1688 progress. The aggregate scores on statewide assessments
1689 administered under s. 1008.22 for all eligible students who were
1690 assigned to and enrolled in the school during the October or
1691 February FTE count and who have scored in the lowest 25th
1692 percentile of students in the state on FCAT Reading.
1693
1694 The assessment scores of students who are subject to district
1695 school board policies for expulsion for repeated or serious
1696 offenses, who are in dropout retrieval programs serving students
1697 who have officially been designated as dropouts, or who are in
1698 programs operated or contracted by the Department of Juvenile
1699 Justice may not be included in an alternative school’s school
1700 improvement rating.
1701 Section 14. Section 1008.36, Florida Statutes, is amended
1702 to read:
1703 1008.36 Every Child Matters Program Florida School
1704 Recognition Program.—
1705 (1) The Legislature finds that in order to provide every
1706 student enrolled in K-12 public schools with the opportunity to
1707 achieve a successful public education, academic problems must be
1708 identified early, with remediation and intervention services to
1709 follow there is a need for a performance incentive program for
1710 outstanding faculty and staff in highly productive schools. The
1711 Legislature further finds that performance-based incentives are
1712 commonplace in the private sector and should be infused into the
1713 public sector as a reward for productivity.
1714 (2) The Every Child Matters Program Florida School
1715 Recognition Program is created to provide financial awards to
1716 public schools that:
1717 (a) A curriculum-based, year-round measurement of academic
1718 performance for all public school students enrolled in
1719 kindergarten through grade 12. Sustain high performance by
1720 receiving a school grade of “A,” making excellent progress; or
1721 (b) Remediation and intervention services to all public
1722 school students enrolled in kindergarten through grade 12 who
1723 are not meeting grade-level performance expectations.
1724 Demonstrate exemplary improvement due to innovation and effort
1725 by improving at least one letter grade or by improving more than
1726 one letter grade and sustaining the improvement the following
1727 school year.
1728 (3) All public schools, including charter schools, that
1729 receive a school grade pursuant to s. 1008.34 are eligible to
1730 participate in the program.
1731 (4) All selected schools shall receive financial assistance
1732 awards depending on the availability of funds appropriated and
1733 the number and size of schools selected to receive an award.
1734 Funds must be distributed to the school’s fiscal agent and
1735 placed in the school’s account and must be used for purposes
1736 listed in subsection (5) as determined jointly by the school’s
1737 staff and school advisory council. If school staff and the
1738 school advisory council cannot reach agreement by February 1,
1739 the awards must be equally distributed to all classroom teachers
1740 currently teaching in the school. If a school selected to
1741 receive a school recognition award is no longer in existence at
1742 the time the award is paid, the district school superintendent
1743 shall distribute the funds to teachers who taught at the school
1744 in the previous year in the form of a bonus.
1745 (5) Every Child Matters Program funds School recognition
1746 awards must be used for the following:
1747 (a) Administration of a regular formative assessment
1748 approved by the State Board of Education Nonrecurring bonuses to
1749 the faculty and staff;
1750 (b) Nonrecurring expenditures for remediation of low
1751 performing students, including remediation programs and
1752 intervention services adopted and administered by the Department
1753 of Education;
1754 (c)(b) Nonrecurring expenditures for educational equipment
1755 or materials to assist in the remediation of low-performing
1756 students; maintaining and improving student performance; or
1757 (d)(c) Temporary personnel for the school to assist in the
1758 remediation of low-performing students; maintaining and
1759 improving student performance.
1760 (e) Contracts with private sector participants to provide
1761 remediation services if 90 percent of the personnel providing
1762 services reside in the state and the contracts include
1763 requirements to ensure that the private sector participants are
1764 accountable for performance; or
1765 (f) Transportation of students under a school district’s
1766 controlled open enrollment plan pursuant to s. 1002.31.
1767 (6) The Department of Education shall provide training and
1768 informational resources for educators to administer the
1769 formative assessment pursuant to paragraph (5)(a) and shall be
1770 responsible for developing and implementing provisions for the
1771 collection and analysis of the assessment data.
1772 (7) The Department of Education shall establish policies
1773 and procedures for the development of individual education plans
1774 for low-performing students who receive remediation and
1775 intervention services pursuant to this section.
1776
1777 Notwithstanding statutory provisions to the contrary, incentive
1778 awards are not subject to collective bargaining.
1779 Section 15. Paragraph (b) of subsection (1) of section
1780 1009.531, Florida Statutes, is amended to read:
1781 1009.531 Florida Bright Futures Scholarship Program;
1782 student eligibility requirements for initial awards.—
1783 (1) Effective January 1, 2008, in order to be eligible for
1784 an initial award from any of the three types of scholarships
1785 under the Florida Bright Futures Scholarship Program, a student
1786 must:
1787 (b) Earn a standard Florida high school diploma or its
1788 equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
1789 or s. 1003.435 unless:
1790 1. The student completes a home education program according
1791 to s. 1002.41; or
1792 2. The student earns a high school diploma from a non
1793 Florida school while living with a parent or guardian who is on
1794 military or public service assignment away from Florida.
1795 Section 16. Paragraph (d) of subsection (7) and paragraph
1796 (c) of subsection (9) of section 1011.62, Florida Statutes, are
1797 amended to read:
1798 1011.62 Funds for operation of schools.—If the annual
1799 allocation from the Florida Education Finance Program to each
1800 district for operation of schools is not determined in the
1801 annual appropriations act or the substantive bill implementing
1802 the annual appropriations act, it shall be determined as
1803 follows:
1804 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
1805 (d) Each district’s allocation of sparsity supplement funds
1806 shall be adjusted in the following manner:
1807 1. A maximum discretionary levy per FTE value for each
1808 district shall be calculated by dividing the value of each
1809 district’s maximum discretionary levy by its FTE student count.
1810 2. A state average discretionary levy value per FTE shall
1811 be calculated by dividing the total maximum discretionary levy
1812 value for all districts by the state total FTE student count.
1813 3. A total potential funds per FTE for each district shall
1814 be calculated by dividing the total potential funds, not
1815 including Every Child Matters Program Florida School Recognition
1816 Program funds and the minimum guarantee funds, for each district
1817 by its FTE student count.
1818 4. A state average total potential funds per FTE shall be
1819 calculated by dividing the total potential funds, not including
1820 Every Child Matters Program Florida School Recognition Program
1821 funds and the minimum guarantee funds, for all districts by the
1822 state total FTE student count.
1823 5. For districts that have a levy value per FTE as
1824 calculated in subparagraph 1. higher than the state average
1825 calculated in subparagraph 2., a sparsity wealth adjustment
1826 shall be calculated as the product of the difference between the
1827 state average levy value per FTE calculated in subparagraph 2.
1828 and the district’s levy value per FTE calculated in subparagraph
1829 1. and the district’s FTE student count and -1. However, no
1830 district shall have a sparsity wealth adjustment that, when
1831 applied to the total potential funds calculated in subparagraph
1832 3., would cause the district’s total potential funds per FTE to
1833 be less than the state average calculated in subparagraph 4.
1834 6. Each district’s sparsity supplement allocation shall be
1835 calculated by adding the amount calculated as specified in
1836 paragraphs (a) and (b) and the wealth adjustment amount
1837 calculated in this paragraph.
1838 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
1839 (c) Funds allocated under this subsection must be used to
1840 provide a system of comprehensive reading instruction to
1841 students enrolled in the K-12 programs, which may include the
1842 following:
1843 1. The provision of highly qualified reading coaches.
1844 2. Professional development for school district teachers in
1845 scientifically based reading instruction, including strategies
1846 to teach reading in content areas and with an emphasis on
1847 technical and informational text.
1848 3. The provision of summer reading camps for students who
1849 are reading below grade level score at Level 1 on FCAT Reading.
1850 4. The provision of supplemental instructional materials
1851 that are grounded in scientifically based reading research.
1852 5. The provision of intensive interventions for middle and
1853 high school students reading below grade level.
1854 Section 17. Paragraph (b) of subsection (1) of section
1855 1012.22, Florida Statutes, is amended to read:
1856 1012.22 Public school personnel; powers and duties of the
1857 district school board.—The district school board shall:
1858 (1) Designate positions to be filled, prescribe
1859 qualifications for those positions, and provide for the
1860 appointment, compensation, promotion, suspension, and dismissal
1861 of employees as follows, subject to the requirements of this
1862 chapter:
1863 (b) Time to act on nominations.—The district school board
1864 shall act not later than 3 weeks following the receipt of FCAT
1865 scores and data, including school grades, or June 30, whichever
1866 is later, on the district school superintendent’s nominations of
1867 supervisors, principals, and members of the instructional staff.
1868 Section 18. Effective July 1, 2012, paragraph (d) is added
1869 to subsection (1) of section 1012.335, Florida Statutes, and
1870 subsection (2) of that section is amended, to read:
1871 1012.335 Contracts with instructional personnel hired on or
1872 after July 1, 2011.—
1873 (1) DEFINITIONS.—As used in this section, the term:
1874 (d) “Professional performance contract” means an employment
1875 contract for instructional personnel for a period of 3 school
1876 years, which may be renewed for additional 1-year periods if the
1877 employee has not received two consecutive annual performance
1878 evaluation ratings of unsatisfactory, two annual performance
1879 evaluation ratings of unsatisfactory within a 3-year period, or
1880 three annual performance evaluation ratings of needs improvement
1881 within a 5-year period under s. 1012.34.
1882 (2) EMPLOYMENT.—
1883 (a) Beginning July 1, 2012 2011, each individual newly
1884 hired as instructional personnel by the district school board
1885 shall be awarded a probationary contract. Upon successful
1886 completion of the probationary contract, the district school
1887 board may award an annual contract pursuant to paragraph (c).
1888 (b) Beginning July 1, 2012 2011, an annual contract may be
1889 awarded pursuant to paragraph (c) for instructional personnel
1890 who have successfully completed a probationary contract with the
1891 district school board and have received one or more annual
1892 contracts from the district school board.
1893 (c) Beginning July 1, 2012, an annual contract may be
1894 awarded only if the employee:
1895 1. Holds an active professional certificate or temporary
1896 certificate issued pursuant to s. 1012.56 and rules of the State
1897 Board of Education.
1898 2. Has been recommended by the district school
1899 superintendent for the annual contract based upon the
1900 individual’s evaluation under s. 1012.34 and approved by the
1901 district school board.
1902 3. Has not received two consecutive annual performance
1903 evaluation ratings of unsatisfactory, two annual performance
1904 evaluation ratings of unsatisfactory within a 3-year period, or
1905 three consecutive annual performance evaluation ratings of needs
1906 improvement or a combination of needs improvement and
1907 unsatisfactory under s. 1012.34.
1908 (d) Beginning July 1, 2012, instructional personnel
1909 eligible for a recommendation of annual contract renewal by the
1910 district school superintendent based upon the employee’s
1911 performance evaluation rating of highly effective or effective
1912 shall be granted an annual contract unless a charge of just
1913 cause, as provided in subsection (5), is brought based upon a
1914 pattern of ineffective teaching or performance by the employee
1915 under s. 1012.34. If the district school superintendent’s
1916 recommendation for annual contract renewal is denied by the
1917 district school board, notwithstanding fiscal constraints, the
1918 district school board shall provide the employee a written
1919 explanation detailing the rationale for the nonrenewal.
1920 (e) Beginning July 1, 2012, upon completion of no less than
1921 3 years of employment in the same school district within a 5
1922 year period, except for leave duly authorized and granted,
1923 instructional personnel recommended for additional employment
1924 shall be awarded a professional performance contract.
1925 Instructional personnel may be required to serve a 4th year of
1926 employment before becoming eligible to receive a professional
1927 performance contract when determined by the district school
1928 board for good reason.
1929 1. A professional performance contract may be offered by a
1930 district school board to instructional personnel only if the
1931 employee:
1932 a. Holds an active professional certificate or temporary
1933 certificate issued pursuant to s. 1012.56 and rules of the State
1934 Board of Education.
1935 b. Has been recommended by the district school
1936 superintendent for further employment and approved by the
1937 district school board based upon successful performance of
1938 duties and demonstration of professional competence under s.
1939 1012.34.
1940 c. Has not received two consecutive annual performance
1941 evaluation ratings of unsatisfactory, two annual performance
1942 evaluation ratings of unsatisfactory within a 3-year period, or
1943 three annual performance evaluation ratings of needs improvement
1944 within a 5-year period under s. 1012.34.
1945 2. A district school board may issue a professional
1946 performance contract after July 1, 2012, to any instructional
1947 personnel staff member who has previously held a professional
1948 performance contract, a professional service contract, or a
1949 continuing contract in the same or another school district
1950 within the state. Any instructional personnel staff member who
1951 holds a professional service contract or a continuing contract
1952 may, but is not required to, exchange such contract for a
1953 professional performance contract in the same district.
1954 3. If a professional performance contract is not renewed by
1955 the district school board based on an individual’s performance
1956 of duties and demonstration of professional competence under s.
1957 1012.34, upon the recommendation of the district school
1958 superintendent and the approval of the district school board,
1959 the individual may be offered up to three additional annual
1960 contracts or may not be offered an additional contract. At the
1961 time of making such recommendation to the district school board,
1962 the district school superintendent shall state the performance
1963 based reason for his or her recommendation and the district
1964 school board shall take final action on such recommendation.
1965 Section 19. Effective August 1, 2015, section 1012.988,
1966 Florida Statutes, is created to read:
1967 1012.988 Professional development to support the statewide
1968 student assessment program and the performance of personnel.—
1969 (1) Each school district shall develop a professional
1970 development program to:
1971 (a) Train instructional personnel, school administrators,
1972 and other educational personnel in the use of subject area
1973 assessments, end-of-course assessments, and diagnostic
1974 assessments.
1975 (b) Assist instructional personnel who are employed on a
1976 probationary contract, pursuant to s. 1012.335, to improve their
1977 professional skills and performance and promote student learning
1978 growth.
1979 (c) Assist instructional and administrative personnel whose
1980 performance evaluation results in a rating of needs improvement,
1981 developing, or unsatisfactory, pursuant to s. 1012.34, to
1982 correct performance deficiencies. The program shall include, but
1983 is not limited to, mentoring by high-performing personnel, peer
1984 support, and peer review. Personnel with a rating of needs
1985 improvement, developing, or unsatisfactory who participate in
1986 the professional development program shall be reevaluated
1987 according to the evaluation procedures and criteria in s.
1988 1012.34 after completion of the program.
1989 (2) The Department of Education shall disseminate to the
1990 school districts research-based professional development methods
1991 and inservice activities designed to support and strengthen the
1992 role of educators in meeting the requirements of the statewide
1993 student assessment program, to improve the professional skills
1994 and performance of instructional and administrative personnel,
1995 and to enhance the learning gains of all students.
1996 (3) Each school district’s professional development program
1997 must be submitted to the department for review and approval.
1998 (4) Each school district shall implement the professional
1999 development program beginning with the 2016-2017 school year.
2000 Section 20. (1) Effective upon this act becoming a law, the
2001 Commissioner of Education shall appoint a public school
2002 assessment and accountability alignment committee to develop:
2003 (a) Standards for a revised statewide student assessment
2004 program under s. 1008.22, Florida Statutes, consisting of
2005 subject area assessments for students in grades 3 through 5,
2006 subject area assessments and end-of-course assessments in core
2007 and noncore subject areas for students in grades 6 through 12,
2008 and diagnostic assessments for students in grades 6, 8, and 10.
2009 (b) Procedures for transitioning elementary schools from
2010 the use of the Florida Comprehensive Assessment Test (FCAT) to
2011 the use of subject area assessments and procedures for
2012 transitioning middle schools and high schools from the use of
2013 the FCAT to the use of subject area assessments and end-of
2014 course assessments.
2015 (c) Standards for revised formulas for determining school
2016 grades and school improvement ratings under ss. 1008.34 and
2017 1008.341, Florida Statutes.
2018 (2) The committee shall align the components of the revised
2019 statewide student assessment program to best prepare students to
2020 progress from one grade to the next and to postsecondary
2021 education or careers after high school.
2022 (3) To ensure that the alignment committee represents a
2023 cross-section of education stakeholders, it shall be composed of
2024 individuals from:
2025 (a) The education community, including, but not limited to,
2026 teachers and administrators representing elementary, secondary,
2027 and higher education.
2028 (b) Education associations, including, but not limited to,
2029 associations for teachers, school administrators, and district
2030 school boards.
2031 (c) State government and local government.
2032 (d) The business community.
2033 (e) Independent education researchers or experts.
2034 (4) Members of the alignment committee shall serve without
2035 compensation but may be reimbursed for per diem and travel
2036 expenses in accordance with s. 112.061, Florida Statutes.
2037 (5) The alignment committee may conduct public hearings
2038 around the state to obtain public input for the development of a
2039 revised statewide student assessment program and formulas for
2040 determining school grades and school improvement ratings.
2041 (6)(a) By August 1, 2013, the alignment committee shall
2042 begin work on the following:
2043 1. Developing new subject area assessments for students in
2044 grades 3 through 5, subject area assessments and end-of-course
2045 assessments for students in grades 6 through 12, and diagnostic
2046 assessments for students in grades 6, 8, and 10.
2047 2. Transitioning to a revised method for determining school
2048 grades and school improvement ratings based on factors that
2049 include subject area assessments, end-of-course assessments,
2050 overall student academic performance, and a school’s use of
2051 technology and innovative practices.
2052 (b) By August 1, 2015, the State Board of Education shall
2053 adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
2054 Statutes, to implement the revised statewide student assessment
2055 program and school grading system as part of the state’s public
2056 school assessment and accountability system beginning with the
2057 2016-2017 school year.
2058 (7) The alignment committee shall expire upon completion of
2059 its activities but no later than August 1, 2015.
2060 Section 21. Except as otherwise expressly provided in this
2061 act and except for this section, which shall take effect upon
2062 this act becoming a law, this act shall take effect July 1,
2063 2012.