Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 7031
       
       
       
       
       
       
                                Ì588260(Î588260                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/23/2014 10:34 AM       .      05/01/2014 02:12 PM       
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       Senator Montford moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (j) of subsection (7) of section
    6  11.45, Florida Statutes, is amended to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    8         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
    9         (j) The Auditor General shall notify the Legislative
   10  Auditing Committee of any financial or operational audit report
   11  prepared pursuant to this section which indicates that a
   12  district school board, state university, or Florida College
   13  System institution has failed to take full corrective action in
   14  response to a recommendation that was included in the two
   15  preceding financial or operational audit reports.
   16         1. The committee may direct the district school board or
   17  the governing body of the state university or Florida College
   18  System institution to provide a written statement to the
   19  committee explaining why full corrective action has not been
   20  taken or, if the governing body intends to take full corrective
   21  action, describing the corrective action to be taken and when it
   22  will occur.
   23         2. If the committee determines that the written statement
   24  is not sufficient, the committee may require the chair of the
   25  district school board or the chair of the governing body of the
   26  state university or Florida College System institution, or the
   27  chair’s designee, to appear before the committee.
   28         3. If the committee determines that the district school
   29  board, state university, or Florida College System institution
   30  has failed to take full corrective action for which there is no
   31  justifiable reason or has failed to comply with committee
   32  requests made pursuant to this section, the committee shall
   33  refer the matter to the State Board of Education or the Board of
   34  Governors, as appropriate, to proceed in accordance with s.
   35  1008.32 or s. 1008.322, respectively.
   36         Section 2. Subsection (5) is added to section 120.74,
   37  Florida Statutes, to read:
   38         120.74 Agency review, revision, and report.—
   39         (5) An educational unit as defined in s. 120.52(6) is
   40  exempt from this section.
   41         Section 3. Paragraph (c) of subsection (1) of section
   42  120.81, Florida Statutes, is amended to read:
   43         120.81 Exceptions and special requirements; general areas.—
   44         (1) EDUCATIONAL UNITS.—
   45         (c) Notwithstanding s. 120.52(16), any tests, test scoring
   46  criteria, or testing procedures relating to student assessment
   47  which are developed or administered by the Department of
   48  Education pursuant to s. 1003.4282 1003.428, s. 1003.429, s.
   49  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
   50  educational tests required by law, are not rules.
   51         Section 4. Paragraph (a) of subsection (2) of section
   52  409.1451, Florida Statutes, is amended to read:
   53         409.1451 The Road-to-Independence Program.—
   54         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
   55         (a) A young adult is eligible for services and support
   56  under this subsection if he or she:
   57         1. Was living in licensed care on his or her 18th birthday
   58  or is currently living in licensed care; or was at least 16
   59  years of age and was adopted from foster care or placed with a
   60  court-approved dependency guardian after spending at least 6
   61  months in licensed care within the 12 months immediately
   62  preceding such placement or adoption;
   63         2. Spent at least 6 months in licensed care before reaching
   64  his or her 18th birthday;
   65         3. Earned a standard high school diploma pursuant to s.
   66  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
   67  pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, s. 1003.435,
   68  or a special diploma pursuant to s. 1003.438;
   69         4. Has been admitted for enrollment as a full-time student
   70  or its equivalent in an eligible postsecondary educational
   71  institution as provided in s. 1009.533. For purposes of this
   72  section, the term “full-time” means 9 credit hours or the
   73  vocational school equivalent. A student may enroll part-time if
   74  he or she has a recognized disability or is faced with another
   75  challenge or circumstance that would prevent full-time
   76  attendance. A student needing to enroll part-time for any reason
   77  other than having a recognized disability must get approval from
   78  his or her academic advisor;
   79         5. Has reached 18 years of age but is not yet 23 years of
   80  age;
   81         6. Has applied, with assistance from the young adult’s
   82  caregiver and the community-based lead agency, for any other
   83  grants and scholarships for which he or she may qualify;
   84         7. Submitted a Free Application for Federal Student Aid
   85  which is complete and error free; and
   86         8. Signed an agreement to allow the department and the
   87  community-based care lead agency access to school records.
   88         Section 5. Subsection (8) of section 496.404, Florida
   89  Statutes, is amended to read:
   90         496.404 Definitions.—As used in ss. 496.401-496.424:
   91         (8) “Educational institutions” means those institutions and
   92  organizations described in s. 212.08(7)(cc)8.a. The term
   93  includes private nonprofit organizations, the purpose of which
   94  is to raise funds for schools teaching grades kindergarten
   95  through grade 12, colleges, and universities, including a any
   96  nonprofit newspaper of free or paid circulation primarily on
   97  university or college campuses which holds a current exemption
   98  from federal income tax under s. 501(c)(3) of the Internal
   99  Revenue Code, an any educational television network or system
  100  established pursuant to s. 1001.25 or s. 1001.26, and a any
  101  nonprofit television or radio station that is a part of such
  102  network or system and that holds a current exemption from
  103  federal income tax under s. 501(c)(3) of the Internal Revenue
  104  Code. The term also includes a nonprofit educational cable
  105  consortium that holds a current exemption from federal income
  106  tax under s. 501(c)(3) of the Internal Revenue Code, whose
  107  primary purpose is the delivery of educational and instructional
  108  cable television programming and whose members are composed
  109  exclusively of educational organizations that hold a valid
  110  consumer certificate of exemption and that are either an
  111  educational institution as defined in this subsection or
  112  qualified as a nonprofit organization pursuant to s. 501(c)(3)
  113  of the Internal Revenue Code.
  114         Section 6. Paragraph (d) of subsection (1) of section
  115  775.215, Florida Statutes, is amended to read:
  116         775.215 Residency restriction for persons convicted of
  117  certain sex offenses.—
  118         (1) As used in this section, the term:
  119         (d) “School” has the same meaning as provided in s. 1003.01
  120  and includes a private school as defined in s. 1002.01, a
  121  voluntary prekindergarten education program as described in s.
  122  1002.53(3), a public school as described in s. 402.3025(1), the
  123  Florida School for the Deaf and the Blind, and the Florida
  124  Virtual School as established under s. 1002.37, and a K-8
  125  Virtual School as established under s. 1002.415, but does not
  126  include facilities dedicated exclusively to the education of
  127  adults.
  128         Section 7. Subsection (1) of section 984.151, Florida
  129  Statutes, is amended to read:
  130         984.151 Truancy petition; prosecution; disposition.—
  131         (1) If the school determines that a student subject to
  132  compulsory school attendance has had at least five unexcused
  133  absences, or absences for which the reasons are unknown, within
  134  a calendar month or 10 unexcused absences, or absences for which
  135  the reasons are unknown, within a 90-calendar-day period
  136  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
  137  absences in a 90-calendar-day period, the superintendent of
  138  schools or his or her designee may file a truancy petition.
  139         Section 8. Subsection (5) of section 1000.01, Florida
  140  Statutes, is repealed.
  141         Section 9. Subsection (7) of section 1000.21, Florida
  142  Statutes, is amended to read:
  143         1000.21 Systemwide definitions.—As used in the Florida K-20
  144  Education Code:
  145         (7) “Next Generation Sunshine State Standards” means the
  146  state’s public K-12 curricular standards, including common core
  147  standards in English Language Arts and mathematics, adopted
  148  under s. 1003.41.
  149         Section 10. Section 1000.33, Florida Statutes, is repealed.
  150         Section 11. Section 1000.37, Florida Statutes, is repealed.
  151         Section 12. Paragraphs (h) and (l) of subsection (6) of
  152  section 1001.10, Florida Statutes, are amended to read:
  153         1001.10 Commissioner of Education; general powers and
  154  duties.—
  155         (6) Additionally, the commissioner has the following
  156  general powers and duties:
  157         (h) To develop and implement a plan for cooperating with
  158  the Federal Government in carrying out any or all phases of the
  159  educational program and to recommend policies for administering
  160  funds that are appropriated by Congress and apportioned to the
  161  state for any or all educational purposes. The Commissioner of
  162  Education shall submit to the Legislature the proposed state
  163  plan for the reauthorization of the No Child Left Behind Act
  164  before the proposed plan is submitted to federal agencies. The
  165  President of the Senate and the Speaker of the House of
  166  Representatives shall appoint members of the appropriate
  167  education and appropriations committees to serve as a select
  168  committee to review the proposed plan.
  169         (k)(l) To prepare, publish, and disseminate maintain a
  170  Citizen Information Center responsible for the preparation,
  171  publication, and dissemination of user-friendly materials
  172  relating to the state’s education system, including the state’s
  173  K-12 scholarship programs and the Voluntary Prekindergarten
  174  Education Program.
  175         Section 13. Section 1001.25, Florida Statutes, is repealed.
  176         Section 14. Section 1001.26, Florida Statutes, is amended
  177  to read:
  178         1001.26 Public broadcasting program system.—
  179         (1) There is created a public broadcasting program system
  180  for the state. The department shall provide funds, as
  181  specifically appropriated in the General Appropriations Act, to
  182  educational television stations qualified by the Corporation for
  183  Public Broadcasting that are part of the public broadcasting
  184  program system administer this program system pursuant to rules
  185  adopted by the State Board of Education. This program system
  186  must complement and share resources with the instructional
  187  programming service of the Department of Education and
  188  educational UHF, VHF, EBS, and FM stations in the state. The
  189  program system must include:
  190         (a) Support for existing Corporation for Public
  191  Broadcasting qualified program system educational television
  192  stations and new stations meeting Corporation for Public
  193  Broadcasting qualifications and providing a first service to an
  194  audience that does not currently receive a broadcast signal or
  195  providing a significant new program service as defined by rule
  196  by the State Board of Education.
  197         (b) Maintenance of quality broadcast capability for
  198  educational stations that are part of the program system.
  199         (c) Interconnection of all educational stations that are
  200  part of the program system for simultaneous broadcast and of
  201  such stations with all universities and other institutions as
  202  necessary for sharing of resources and delivery of programming.
  203         (d) Establishment and maintenance of a capability for
  204  statewide program distribution with facilities and staff,
  205  provided such facilities and staff complement and strengthen
  206  existing or future educational television stations in accordance
  207  with paragraph (a) and s. 1001.25(2)(c).
  208         (e) Provision of both statewide programming funds and
  209  station programming support for educational television to meet
  210  statewide priorities. Priorities for station programming need
  211  not be the same as priorities for programming to be used
  212  statewide. Station programming may include, but shall not be
  213  limited to, citizens’ participation programs, music and fine
  214  arts programs, coverage of public hearings and governmental
  215  meetings, equal air time for political candidates, and other
  216  public interest programming.
  217         (2)(a) The Department of Education is responsible for
  218  implementing the provisions of this section pursuant to s.
  219  282.702 and may employ personnel, acquire equipment and
  220  facilities, and perform all duties necessary for carrying out
  221  the purposes and objectives of this section.
  222         (b) The department shall provide through educational
  223  television and other electronic media a means of extending
  224  educational services to all the state system of public
  225  education. The department shall recommend to the State Board of
  226  Education rules necessary to provide such services.
  227         (c) The department is authorized to provide equipment,
  228  funds, and other services to extend and update both the existing
  229  and the proposed educational television systems of tax-supported
  230  and nonprofit, corporate-owned facilities. All stations funded
  231  must be qualified by the Corporation for Public Broadcasting.
  232  New stations eligible for funding shall provide a first service
  233  to an audience that is not currently receiving a broadcast
  234  signal or provide a significant new program service as defined
  235  by State Board of Education rules. Funds appropriated to the
  236  department for educational television may be used by the
  237  department for educational television only.
  238         (3)(a) The facilities, plant, or personnel of an
  239  educational television station that is supported in whole or in
  240  part by state funds may not be used directly or indirectly for
  241  the promotion, advertisement, or advancement of a political
  242  candidate for a municipal, county, legislative, congressional,
  243  or state office. However, fair, open, and free discussion
  244  between political candidates for municipal, county, legislative,
  245  congressional, or state office may be permitted in order to help
  246  materially reduce the excessive cost of campaigns and to ensure
  247  that the state’s citizens are fully informed about issues and
  248  candidates in campaigns. This paragraph applies to the advocacy
  249  for, or opposition to, a specific existing or proposed program
  250  of governmental action, which includes, but is not limited to,
  251  constitutional amendments, tax referenda, and bond issues. This
  252  paragraph shall be implemented in accordance with rules of the
  253  State Board of Education.
  254         (b) A violation of a prohibition contained in this
  255  subsection is a misdemeanor of the second degree, punishable as
  256  provided in s. 775.082 or s. 775.083.
  257         Section 15. Section 1001.34, Florida Statutes, is amended
  258  to read:
  259         1001.34 Membership of district school board.—
  260         (1) Each district school board shall be composed of not
  261  less than five members. Each member of the district school board
  262  shall be a qualified elector of the district in which she or he
  263  serves, shall be a resident of the district school board member
  264  residence area from which she or he is elected, and shall
  265  maintain said residency throughout her or his term of office.
  266         (2) A district school board may modify the number of
  267  members on its board by adopting a resolution that establishes
  268  the total number of members on the board, which may not be less
  269  than five, and the number of members who shall be elected by
  270  residence areas or elected at large. The resolution must specify
  271  an orderly method and procedure for modifying the membership of
  272  the board, including staggering terms of additional members as
  273  necessary. If the resolution is adopted, the district school
  274  board shall submit to the electors for approval at a referendum
  275  held at the next primary or general election the question of
  276  whether the number of board members should be modified in
  277  accordance with the resolution adopted by the district school
  278  board. If the referendum is approved, election of additional
  279  school board members may occur at any primary, general, or
  280  otherwise-called special election.
  281         Section 16. Subsection (7) of section 1001.47, Florida
  282  Statutes, is repealed.
  283         Section 17. Subsection (6) of section 1001.50, Florida
  284  Statutes, is repealed.
  285         Section 18. Section 1001.62, Florida Statutes, is repealed.
  286         Section 19. Subsection (3) of section 1001.73, Florida
  287  Statutes, is repealed.
  288         Section 20. Subsections (8), (16), and (21) of section
  289  1002.20, Florida Statutes, are amended to read:
  290         1002.20 K-12 student and parent rights.—Parents of public
  291  school students must receive accurate and timely information
  292  regarding their child’s academic progress and must be informed
  293  of ways they can help their child to succeed in school. K-12
  294  students and their parents are afforded numerous statutory
  295  rights including, but not limited to, the following:
  296         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  297  students with disabilities and parents of public school students
  298  in residential care facilities are entitled to notice and due
  299  process in accordance with the provisions of ss. 1003.57 and
  300  1003.58. Public school students with disabilities must be
  301  provided the opportunity to meet the graduation requirements for
  302  a standard high school diploma as set forth in s. 1003.4282 in
  303  accordance with the provisions of ss. 1003.57 and 1008.22 s.
  304  1003.428(3). Pursuant to s. 1003.438, certain public school
  305  students with disabilities may be awarded a special diploma upon
  306  high school graduation.
  307         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  308  REPORTS.—Parents of public school students are entitled to an
  309  easy-to-read report card about the school’s grade designation
  310  or, if applicable under s. 1008.341, the school’s improvement
  311  rating, and the school’s school accountability report, including
  312  the school financial report as required under s. 1010.215, and
  313  school improvement rating of their child’s school in accordance
  314  with the provisions of ss. 1008.22, 1003.02(3), and 1010.215(5).
  315         (21) PARENTAL INPUT AND MEETINGS.—
  316         (a) Meetings with school district personnel.—Parents of
  317  public school students may be accompanied by another adult of
  318  their choice at a any meeting with school district personnel.
  319  School district personnel may not object to the attendance of
  320  such adult or discourage or attempt to discourage, through an
  321  any action, statement, or other means, the parents of students
  322  with disabilities from inviting another person of their choice
  323  to attend a any meeting. Such prohibited actions include, but
  324  are not limited to, attempted or actual coercion or harassment
  325  of parents or students or retaliation or threats of consequences
  326  to parents or students.
  327         1. Such meetings include, but are not limited to, meetings
  328  related to: the eligibility for exceptional student education or
  329  related services; the development of an individual family
  330  support plan (IFSP); the development of an individual education
  331  plan (IEP); the development of a 504 accommodation plan issued
  332  under s. 504 of the Rehabilitation Act of 1973; the transition
  333  of a student from early intervention services to other services;
  334  the development of postsecondary goals for a student with a
  335  disability and the transition services needed to reach those
  336  goals; and other issues that may affect the a student’s
  337  educational environment, discipline, or placement of a student
  338  with a disability.
  339         2. The parents and school district personnel attending the
  340  meeting shall sign a document at the meeting’s conclusion which
  341  states whether any school district personnel have prohibited,
  342  discouraged, or attempted to discourage the parents from
  343  inviting a person of their choice to the meeting.
  344         (b) School district best financial management practice
  345  reviews.—Public school students and their parents may provide
  346  input regarding their concerns about the operations and
  347  management of the school district both during and after the
  348  conduct of a school district best financial management practices
  349  review, in accordance with the provisions of s. 1008.35.
  350         (b)(c)District school board educational facilities
  351  programs.—Parents of public school students and other members of
  352  the public have the right to receive proper public notice and
  353  opportunity for public comment regarding the district school
  354  board’s educational facilities work program, in accordance with
  355  the provisions of s. 1013.35.
  356         Section 21. Subsections (2) through (8) of section 1002.31,
  357  Florida Statutes, are amended to read:
  358         1002.31 Controlled open enrollment; public school parental
  359  choice.—
  360         (2) Each district school board may offer controlled open
  361  enrollment within the public schools which is. The controlled
  362  open enrollment program shall be offered in addition to the
  363  existing choice programs such as virtual instruction programs,
  364  magnet schools, alternative schools, special programs, advanced
  365  placement, and dual enrollment.
  366         (3) Each district school board offering controlled open
  367  enrollment shall adopt by rule and post on its website develop a
  368  controlled open enrollment plan which must: describes the
  369  implementation of subsection (2).
  370         (a)(4) School districts shall Adhere to federal
  371  desegregation requirements. No controlled open enrollment plan
  372  that conflicts with federal desegregation orders shall be
  373  implemented.
  374         (5) Each school district shall develop a system of
  375  priorities for its plan that includes consideration of the
  376  following:
  377         (b)(a)Include an application process required to
  378  participate in the controlled open enrollment program.
  379         (b) A process that allows parents to declare school
  380  preferences, including.
  381         (c) A process that encourages placement of siblings within
  382  the same school.
  383         (c)(d)Provide a lottery procedure used by the school
  384  district to determine student assignment and establish.
  385         (e) an appeals process for hardship cases.
  386         (d) Afford parents of students in multiple session schools
  387  preferred access to controlled open enrollment.
  388         (e)(f)The procedures to Maintain socioeconomic,
  389  demographic, and racial balance.
  390         (f)(g)Address the availability of transportation.
  391         (h) A process that promotes strong parental involvement,
  392  including the designation of a parent liaison.
  393         (i) A strategy that establishes a clearinghouse of
  394  information designed to assist parents in making informed
  395  choices.
  396         (6) Plans shall be submitted to the Commissioner of
  397  Education. The Commissioner of Education shall develop an annual
  398  report on the status of school choice and deliver the report to
  399  the Governor, the President of the Senate, and the Speaker of
  400  the House of Representatives at least 90 days prior to the
  401  convening of the regular session of the Legislature.
  402         (7) Notwithstanding any provision of this section, a school
  403  district with schools operating on both multiple session
  404  schedules and single session schedules shall afford parents of
  405  students in multiple session schools preferred access to the
  406  controlled open enrollment program of the school district.
  407         (4)(8)In accordance with the reporting requirements of s.
  408  1011.62, each district school board shall annually report the
  409  number of students applying for and attending the various types
  410  of public schools of choice in the district, including schools
  411  such as virtual instruction programs, magnet schools, and public
  412  charter schools, according to rules adopted by the State Board
  413  of Education.
  414         Section 22. Subsection (5) of section 1002.3105, Florida
  415  Statutes, is amended to read:
  416         1002.3105 Academically Challenging Curriculum to Enhance
  417  Learning (ACCEL) options.—
  418         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  419  meets the applicable grade 9 cohort graduation requirements of
  420  s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5.,
  421  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  422  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  423  scale shall be awarded a standard high school diploma in a form
  424  prescribed by the State Board of Education.
  425         Section 23. Subsection (3) of section 1002.321, Florida
  426  Statutes, is amended to read:
  427         1002.321 Digital learning.—
  428         (3) DIGITAL PREPARATION.—As required under s. 1003.4282, a
  429  Each student entering grade 9 in the 2011-2012 school year and
  430  thereafter who seeks a high school diploma must take graduate
  431  from high school having taken at least one online course, as
  432  provided in s. 1003.428.
  433         Section 24. Paragraph (a) of subsection (6), paragraph (a)
  434  of subsection (7), and subsection (25) of section 1002.33,
  435  Florida Statutes, are amended to read:
  436         1002.33 Charter schools.—
  437         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  438  applications are subject to the following requirements:
  439         (a) A person or entity wishing to open a charter school
  440  shall prepare and submit an application on a model application
  441  form prepared by the Department of Education which:
  442         1. Demonstrates how the school will use the guiding
  443  principles and meet the statutorily defined purpose of a charter
  444  school.
  445         2. Provides a detailed curriculum plan that illustrates how
  446  students will be provided services to attain the Sunshine State
  447  Standards.
  448         3. Contains goals and objectives for improving student
  449  learning and measuring that improvement. These goals and
  450  objectives must indicate how much academic improvement students
  451  are expected to show each year, how success will be evaluated,
  452  and the specific results to be attained through instruction.
  453         4. Describes the reading curriculum and differentiated
  454  strategies that will be used for students reading at grade level
  455  or higher and a separate curriculum and strategies for students
  456  who are reading below grade level. A sponsor shall deny a
  457  charter if the school does not propose a reading curriculum that
  458  is consistent with effective teaching strategies that are
  459  grounded in scientifically based reading research.
  460         5. Contains an annual financial plan for each year
  461  requested by the charter for operation of the school for up to 5
  462  years. This plan must contain anticipated fund balances based on
  463  revenue projections, a spending plan based on projected revenues
  464  and expenses, and a description of controls that will safeguard
  465  finances and projected enrollment trends.
  466         6. Contains Documents that the applicant has participated
  467  in the training required in subparagraph (f)2. A sponsor may
  468  require an applicant to provide additional information a sponsor
  469  may require, which shall be attached as an addendum to the
  470  charter school application described in this paragraph.
  471         7. For the establishment of a virtual charter school,
  472  documents that the applicant has contracted with a provider of
  473  virtual instruction services pursuant to s. 1002.45(1)(d).
  474         (7) CHARTER.—The major issues involving the operation of a
  475  charter school shall be considered in advance and written into
  476  the charter. The charter shall be signed by the governing board
  477  of the charter school and the sponsor, following a public
  478  hearing to ensure community input.
  479         (a) The charter shall address and criteria for approval of
  480  the charter shall be based on:
  481         1. The school’s mission, the students to be served, and the
  482  ages and grades to be included.
  483         2. The focus of the curriculum, the instructional methods
  484  to be used, any distinctive instructional techniques to be
  485  employed, and identification and acquisition of appropriate
  486  technologies needed to improve educational and administrative
  487  performance which include a means for promoting safe, ethical,
  488  and appropriate uses of technology which comply with legal and
  489  professional standards.
  490         a. The charter shall ensure that reading is a primary focus
  491  of the curriculum and that resources are provided to identify
  492  and provide specialized instruction for students who are reading
  493  below grade level. The curriculum and instructional strategies
  494  for reading must be consistent with the Next Generation Sunshine
  495  State Standards and grounded in scientifically based reading
  496  research.
  497         b. In order to provide students with access to diverse
  498  instructional delivery models, to facilitate the integration of
  499  technology within traditional classroom instruction, and to
  500  provide students with the skills they need to compete in the
  501  21st century economy, the Legislature encourages instructional
  502  methods for blended learning courses consisting of both
  503  traditional classroom and online instructional techniques.
  504  Charter schools may implement blended learning courses which
  505  combine traditional classroom instruction and virtual
  506  instruction. Students in a blended learning course must be full
  507  time students of the charter school and receive the online
  508  instruction in a classroom setting at the charter school.
  509  Instructional personnel certified pursuant to s. 1012.55 who
  510  provide virtual instruction for blended learning courses may be
  511  employees of the charter school or may be under contract to
  512  provide instructional services to charter school students. At a
  513  minimum, such instructional personnel must hold an active state
  514  or school district adjunct certification under s. 1012.57 for
  515  the subject area of the blended learning course. The funding and
  516  performance accountability requirements for blended learning
  517  courses are the same as those for traditional courses.
  518         3. The current incoming baseline standard of student
  519  academic achievement, the outcomes to be achieved, and the
  520  method of measurement that will be used. The criteria listed in
  521  this subparagraph shall include a detailed description of:
  522         a. How the baseline student academic achievement levels and
  523  prior rates of academic progress will be established.
  524         b. How these baseline rates will be compared to rates of
  525  academic progress achieved by these same students while
  526  attending the charter school.
  527         c. To the extent possible, how these rates of progress will
  528  be evaluated and compared with rates of progress of other
  529  closely comparable student populations.
  530  
  531  The district school board is required to provide academic
  532  student performance data to charter schools for each of their
  533  students coming from the district school system, as well as
  534  rates of academic progress of comparable student populations in
  535  the district school system.
  536         4. The methods used to identify the educational strengths
  537  and needs of students and how well educational goals and
  538  performance standards are met by students attending the charter
  539  school. The methods shall provide a means for the charter school
  540  to ensure accountability to its constituents by analyzing
  541  student performance data and by evaluating the effectiveness and
  542  efficiency of its major educational programs. Students in
  543  charter schools shall, at a minimum, participate in the
  544  statewide assessment program created under s. 1008.22.
  545         5. In secondary charter schools, a method for determining
  546  that a student has satisfied the requirements for graduation in
  547  s. 1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282.
  548         6. A method for resolving conflicts between the governing
  549  board of the charter school and the sponsor.
  550         7. The admissions procedures and dismissal procedures,
  551  including the school’s code of student conduct.
  552         8. The ways by which the school will achieve a
  553  racial/ethnic balance reflective of the community it serves or
  554  within the racial/ethnic range of other public schools in the
  555  same school district.
  556         9. The financial and administrative management of the
  557  school, including a reasonable demonstration of the professional
  558  experience or competence of those individuals or organizations
  559  applying to operate the charter school or those hired or
  560  retained to perform such professional services and the
  561  description of clearly delineated responsibilities and the
  562  policies and practices needed to effectively manage the charter
  563  school. A description of internal audit procedures and
  564  establishment of controls to ensure that financial resources are
  565  properly managed must be included. Both public sector and
  566  private sector professional experience shall be equally valid in
  567  such a consideration.
  568         10. The asset and liability projections required in the
  569  application which are incorporated into the charter and shall be
  570  compared with information provided in the annual report of the
  571  charter school.
  572         11. A description of procedures that identify various risks
  573  and provide for a comprehensive approach to reduce the impact of
  574  losses; plans to ensure the safety and security of students and
  575  staff; plans to identify, minimize, and protect others from
  576  violent or disruptive student behavior; and the manner in which
  577  the school will be insured, including whether or not the school
  578  will be required to have liability insurance, and, if so, the
  579  terms and conditions thereof and the amounts of coverage.
  580         12. The term of the charter which shall provide for
  581  cancellation of the charter if insufficient progress has been
  582  made in attaining the student achievement objectives of the
  583  charter and if it is not likely that such objectives can be
  584  achieved before expiration of the charter. The initial term of a
  585  charter shall be for 4 or 5 years. In order to facilitate access
  586  to long-term financial resources for charter school
  587  construction, charter schools that are operated by a
  588  municipality or other public entity as provided by law are
  589  eligible for up to a 15-year charter, subject to approval by the
  590  district school board. A charter lab school is eligible for a
  591  charter for a term of up to 15 years. In addition, to facilitate
  592  access to long-term financial resources for charter school
  593  construction, charter schools that are operated by a private,
  594  not-for-profit, s. 501(c)(3) status corporation are eligible for
  595  up to a 15-year charter, subject to approval by the district
  596  school board. Such long-term charters remain subject to annual
  597  review and may be terminated during the term of the charter, but
  598  only according to the provisions set forth in subsection (8).
  599         13. The facilities to be used and their location. The
  600  sponsor may not require a charter school to have a certificate
  601  of occupancy or a temporary certificate of occupancy for such a
  602  facility earlier than 15 calendar days before the first day of
  603  school.
  604         14. The qualifications to be required of the teachers and
  605  the potential strategies used to recruit, hire, train, and
  606  retain qualified staff to achieve best value.
  607         15. The governance structure of the school, including the
  608  status of the charter school as a public or private employer as
  609  required in paragraph (12)(i).
  610         16. A timetable for implementing the charter which
  611  addresses the implementation of each element thereof and the
  612  date by which the charter shall be awarded in order to meet this
  613  timetable.
  614         17. In the case of an existing public school that is being
  615  converted to charter status, alternative arrangements for
  616  current students who choose not to attend the charter school and
  617  for current teachers who choose not to teach in the charter
  618  school after conversion in accordance with the existing
  619  collective bargaining agreement or district school board rule in
  620  the absence of a collective bargaining agreement. However,
  621  alternative arrangements shall not be required for current
  622  teachers who choose not to teach in a charter lab school, except
  623  as authorized by the employment policies of the state university
  624  which grants the charter to the lab school.
  625         18. Full disclosure of the identity of all relatives
  626  employed by the charter school who are related to the charter
  627  school owner, president, chairperson of the governing board of
  628  directors, superintendent, governing board member, principal,
  629  assistant principal, or any other person employed by the charter
  630  school who has equivalent decisionmaking authority. For the
  631  purpose of this subparagraph, the term “relative” means father,
  632  mother, son, daughter, brother, sister, uncle, aunt, first
  633  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  634  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  635  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  636  stepsister, half brother, or half sister.
  637         19. Implementation of the activities authorized under s.
  638  1002.331 by the charter school when it satisfies the eligibility
  639  requirements for a high-performing charter school. A high
  640  performing charter school shall notify its sponsor in writing by
  641  March 1 if it intends to increase enrollment or expand grade
  642  levels the following school year. The written notice shall
  643  specify the amount of the enrollment increase and the grade
  644  levels that will be added, as applicable.
  645         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  646  SCHOOL SYSTEMS.—A charter school system’s governing board system
  647  shall be designated a local educational agency for the purpose
  648  of receiving federal funds, the same as though the charter
  649  school system were a school district, if the governing board of
  650  the charter school system has adopted and filed a resolution
  651  with its sponsoring district school board and the Department of
  652  Education in which the governing board of the charter school
  653  system accepts the full responsibility for all local education
  654  agency requirements and the charter school system meets all of
  655  the following:
  656         (a) Includes both conversion charter schools and
  657  nonconversion charter schools;
  658         (b) Has all schools located in the same county;
  659         (c) Has a total enrollment exceeding the total enrollment
  660  of at least one school district in the state;
  661         (d) Has the same governing board; and
  662         (e) Does not contract with a for-profit service provider
  663  for management of school operations.
  664  
  665  Such designation does not apply to other provisions unless
  666  specifically provided in law.
  667         Section 25. Paragraph (g) of subsection (4) and paragraph
  668  (d) of subsection (6) of section 1002.34, Florida Statutes, are
  669  amended to read:
  670         1002.34 Charter technical career centers.—
  671         (4) CHARTER.—A sponsor may designate centers as provided in
  672  this section. An application to establish a center may be
  673  submitted by a sponsor or another organization that is
  674  determined, by rule of the State Board of Education, to be
  675  appropriate. However, an independent school is not eligible for
  676  status as a center. The charter must be signed by the governing
  677  body of the center and the sponsor and must be approved by the
  678  district school board and Florida College System institution
  679  board of trustees in whose geographic region the facility is
  680  located. If a charter technical career center is established by
  681  the conversion to charter status of a public technical center
  682  formerly governed by a district school board, the charter status
  683  of that center takes precedence in any question of governance.
  684  The governance of the center or of any program within the center
  685  remains with its board of directors unless the board agrees to a
  686  change in governance or its charter is revoked as provided in
  687  subsection (15). Such a conversion charter technical career
  688  center is not affected by a change in the governance of public
  689  technical centers or of programs within other centers that are
  690  or have been governed by district school boards. A charter
  691  technical career center, or any program within such a center,
  692  that was governed by a district school board and transferred to
  693  a Florida College System institution prior to the effective date
  694  of this act is not affected by this provision. An applicant who
  695  wishes to establish a center must submit to the district school
  696  board or Florida College System institution board of trustees,
  697  or a consortium of one or more of each, an application on a form
  698  developed by the Department of Education which includes:
  699         (g) A method for determining whether a student has
  700  satisfied the requirements for graduation specified in s.
  701  1002.3105(5), s. 1003.4281, or s. 1003.4282 1003.428 or s.
  702  1003.429 and for completion of a postsecondary certificate or
  703  degree.
  704  
  705  Students at a center must meet the same testing and academic
  706  performance standards as those established by law and rule for
  707  students at public schools and public technical centers. The
  708  students must also meet any additional assessment indicators
  709  that are included within the charter approved by the district
  710  school board or Florida College System institution board of
  711  trustees.
  712         (6) SPONSOR.—A district school board or Florida College
  713  System institution board of trustees or a consortium of one or
  714  more of each may sponsor a center in the county in which the
  715  board has jurisdiction.
  716         (d)1. The Department of Education shall offer or arrange
  717  for training and technical assistance to centers which must
  718  include applicants in developing and amending business plans,
  719  and estimating and accounting for costs and income, complying
  720  with state and federal grant and student performance
  721  accountability reporting requirements, implementing good
  722  business practices. This assistance shall address estimating
  723  startup costs, projecting enrollment, and identifying the types
  724  and amounts of state and federal financial aid assistance the
  725  center may be eligible to receive. The training shall include
  726  instruction in accurate financial planning and good business
  727  practices.
  728         2. An applicant must participate in the training provided
  729  by the department after approval of its of Education before
  730  filing an application but at least 30 days before the first day
  731  of classes at the center. The department of Education may
  732  provide technical assistance to an applicant upon written
  733  request.
  734         Section 26. Paragraphs (a) and (b) of subsection (1) and
  735  subsection (3) of section 1002.345, Florida Statutes, are
  736  amended to read:
  737         1002.345 Determination of deteriorating financial
  738  conditions and financial emergencies for charter schools and
  739  charter technical career centers.—This section applies to
  740  charter schools operating pursuant to s. 1002.33 and to charter
  741  technical career centers operating pursuant to s. 1002.34.
  742         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  743         (a) A charter school or a charter technical career center
  744  is subject to an expedited review by the sponsor if one of the
  745  following occurs:
  746         1. Failure to provide for an audit required by s. 218.39.
  747         2. Failure to comply with reporting requirements pursuant
  748  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  749         3. A deteriorating financial condition identified through
  750  an annual audit pursuant to s. 218.39(5), or a monthly financial
  751  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  752  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  753  “Deteriorating financial condition” means a circumstance that
  754  significantly impairs the ability of a charter school or a
  755  charter technical career center to generate enough revenues to
  756  meet its expenditures without causing the occurrence of a
  757  condition described in s. 218.503(1).
  758         4. Notification pursuant to s. 218.503(2) that one or more
  759  of the conditions specified in s. 218.503(1) have occurred or
  760  will occur if action is not taken to assist the charter school
  761  or charter technical career center.
  762         (b) A sponsor shall notify the governing board and the
  763  Commissioner of Education within 7 business days after one or
  764  more of the conditions specified in paragraph (a) occur.
  765         (3) REPORT.—The Commissioner of Education shall annually
  766  report to the State Board of Education each charter school and
  767  charter technical career center that is subject to a financial
  768  recovery plan or a corrective action plan under this section.
  769         Section 27. Paragraph (a) of subsection (2) of section
  770  1002.39, Florida Statutes, is amended to read:
  771         1002.39 The John M. McKay Scholarships for Students with
  772  Disabilities Program.—There is established a program that is
  773  separate and distinct from the Opportunity Scholarship Program
  774  and is named the John M. McKay Scholarships for Students with
  775  Disabilities Program.
  776         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  777  student with a disability may request and receive from the state
  778  a John M. McKay Scholarship for the child to enroll in and
  779  attend a private school in accordance with this section if:
  780         (a) The student has:
  781         1. Received specialized instructional services under the
  782  Voluntary Prekindergarten Education Program pursuant to s.
  783  1002.66 during the previous school year and the student has a
  784  current individual educational plan developed by the local
  785  school board in accordance with rules of the State Board of
  786  Education for the John M. McKay Scholarships for Students with
  787  Disabilities Program or a 504 accommodation plan has been issued
  788  under s. 504 of the Rehabilitation Act of 1973; or
  789         2. Spent the prior school year in attendance at a Florida
  790  public school or the Florida School for the Deaf and the Blind.
  791  For purposes of this subparagraph, prior school year in
  792  attendance means that the student was enrolled and reported by:
  793         a. A school district for funding during the preceding
  794  October and February Florida Education Finance Program surveys
  795  in kindergarten through grade 12, which includes time spent in a
  796  Department of Juvenile Justice commitment program if funded
  797  under the Florida Education Finance Program;
  798         b.  The Florida School for the Deaf and the Blind during
  799  the preceding October and February student membership surveys in
  800  kindergarten through grade 12; or
  801         c.  A school district for funding during the preceding
  802  October and February Florida Education Finance Program surveys,
  803  was at least 4 years of age when so enrolled and reported, and
  804  was eligible for services under s. 1003.21(1)(e); or
  805         3. Been enrolled and reported by a school district for
  806  funding, during the October and February Florida Education
  807  Finance Program surveys, in any of the 5 years prior to the
  808  2010-2011 fiscal year; has a current individualized educational
  809  plan developed by the district school board in accordance with
  810  rules of the State Board of Education for the John M. McKay
  811  Scholarship Program no later than June 30, 2011; and receives a
  812  first-time John M. McKay scholarship for the 2011-2012 school
  813  year. Upon request of the parent, the local school district
  814  shall complete a matrix of services as required in subparagraph
  815  (5)(b)1. for a student requesting a current individualized
  816  educational plan in accordance with the provisions of this
  817  subparagraph.
  818  
  819  However, a dependent child of a member of the United States
  820  Armed Forces who transfers to a school in this state from out of
  821  state or from a foreign country due to a parent’s permanent
  822  change of station orders is exempt from this paragraph but must
  823  meet all other eligibility requirements to participate in the
  824  program.
  825         Section 28. Subsection (5) of section 1002.41, Florida
  826  Statutes, is amended to read:
  827         1002.41 Home education programs.—
  828         (5) Home education students may participate in the Bright
  829  Futures Scholarship Program in accordance with the provisions of
  830  ss. 1009.53-1009.538 1009.53-1009.539.
  831         Section 29. Section 1002.415, Florida Statutes, is
  832  repealed.
  833         Section 30. Paragraph (b) of subsection (4) and subsection
  834  (10) of section 1002.45, Florida Statutes, are amended to read:
  835         1002.45 Virtual instruction programs.—
  836         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  837  provider must at minimum:
  838         (b) Provide a method for determining that a student has
  839  satisfied the requirements for graduation in s. 1002.3105(5), s.
  840  1003.4281, 1003.428 or s. 1003.4282 if the contract is for the
  841  provision of a full-time virtual instruction program to students
  842  in grades 9 through 12.
  843         (10) MARKETING.—Each school district shall provide
  844  information to parents and students about the parent’s and
  845  student’s right to participate in a virtual instruction program
  846  under this section and in courses offered by the Florida Virtual
  847  School under s. 1002.37.
  848         Section 31. Paragraph (c) of subsection (2) of section
  849  1002.455, Florida Statutes, is amended to read:
  850         1002.455 Student eligibility for K-12 virtual instruction.—
  851         (2) A student is eligible to participate in virtual
  852  instruction if:
  853         (c) The student was enrolled during the prior school year
  854  in a virtual instruction program under s. 1002.45, the K-8
  855  Virtual School Program under s. 1002.415, or a full-time Florida
  856  Virtual School program under s. 1002.37(8)(a);
  857         Section 32. Section 1002.65, Florida Statutes, is repealed.
  858         Section 33. Subsection (14) of section 1003.01, Florida
  859  Statutes, is amended to read:
  860         1003.01 Definitions.—As used in this chapter, the term:
  861         (14) “Core-curricula courses” means:
  862         (a) Courses in language arts/reading, mathematics, social
  863  studies, and science in prekindergarten through grade 3,
  864  excluding any extracurricular courses pursuant to subsection
  865  (15);
  866         (b) Courses in grades 4 through 8 in subjects that are
  867  measured by state assessment at any grade level and courses
  868  required for middle school promotion, excluding any
  869  extracurricular courses pursuant to subsection (15);
  870         (c) Courses in grades 9 through 12 in subjects that are
  871  measured by state assessment at any grade level and courses that
  872  are specifically identified by name in statute as required for
  873  high school graduation and that are not measured by state
  874  assessment, excluding any extracurricular courses pursuant to
  875  subsection (15);
  876         (d) Exceptional student education courses; and
  877         (e) English for Speakers of Other Languages courses.
  878  
  879  The term is limited in meaning and used for the sole purpose of
  880  designating classes that are subject to the maximum class size
  881  requirements established in s. 1, Art. IX of the State
  882  Constitution. This term does not include courses offered under
  883  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415,
  884  1002.45, and 1003.499.
  885         Section 34. Paragraph (d) of subsection (1) of section
  886  1003.02, Florida Statutes, is amended to read:
  887         1003.02 District school board operation and control of
  888  public K-12 education within the school district.—As provided in
  889  part II of chapter 1001, district school boards are
  890  constitutionally and statutorily charged with the operation and
  891  control of public K-12 education within their school district.
  892  The district school boards must establish, organize, and operate
  893  their public K-12 schools and educational programs, employees,
  894  and facilities. Their responsibilities include staff
  895  development, public K-12 school student education including
  896  education for exceptional students and students in juvenile
  897  justice programs, special programs, adult education programs,
  898  and career education programs. Additionally, district school
  899  boards must:
  900         (1) Provide for the proper accounting for all students of
  901  school age, for the attendance and control of students at
  902  school, and for proper attention to health, safety, and other
  903  matters relating to the welfare of students in the following
  904  fields:
  905         (d) Courses of study and instructional materials.—
  906         1. Provide adequate instructional materials for all
  907  students as follows and in accordance with the requirements of
  908  chapter 1006, in the core courses of mathematics, language arts,
  909  social studies, science, reading, and literature, except for
  910  instruction for which the school advisory council approves the
  911  use of a program that does not include a textbook as a major
  912  tool of instruction.
  913         2. Adopt courses of study for use in the schools of the
  914  district.
  915         3. Provide for proper requisitioning, distribution,
  916  accounting, storage, care, and use of all instructional
  917  materials as may be needed, and ensure that instructional
  918  materials used in the district are consistent with the district
  919  goals and objectives and the course descriptions curriculum
  920  frameworks approved by the State Board of Education, as well as
  921  with the state and school district performance standards
  922  required by law and state board rule.
  923         Section 35. Paragraph (c) of subsection (3) and subsection
  924  (6) of section 1003.03, Florida Statutes, are amended to read:
  925         1003.03 Maximum class size.—
  926         (3) IMPLEMENTATION OPTIONS.—District school boards must
  927  consider, but are not limited to, implementing the following
  928  items in order to meet the constitutional class size maximums
  929  described in subsection (1):
  930         (c)1. Repeal district school board policies that require
  931  students to earn more than the 24 credits required under s.
  932  1003.428 to graduate from high school.
  933         2. Implement the early graduation options option provided
  934  in ss. 1002.3105(5) and s. 1003.4281.
  935         (6) COURSES FOR COMPLIANCE.—Consistent with s. the
  936  provisions in ss. 1003.01(14) and 1003.428, the Department of
  937  Education shall identify from the Course Code Directory the
  938  core-curricula courses for the purpose of satisfying the maximum
  939  class size requirement in this section. The department may adopt
  940  rules to implement this subsection, if necessary.
  941         Section 36. Subsection (3) of section 1003.41, Florida
  942  Statutes, is amended to read:
  943         1003.41 Next Generation Sunshine State Standards.—
  944         (3) The Commissioner of Education, as needed, shall develop
  945  and submit proposed revisions to the standards for review and
  946  comment by Florida educators, school administrators,
  947  representatives of the Florida College System institutions and
  948  state universities who have expertise in the content knowledge
  949  and skills necessary to prepare a student for postsecondary
  950  education and careers, business and industry leaders, and the
  951  public. The commissioner, after considering reviews and
  952  comments, shall submit the proposed revisions to the State Board
  953  of Education for adoption. In addition, the commissioner shall
  954  prepare an analysis of the costs associated with implementing a
  955  separate, one-half credit course in financial literacy,
  956  including estimated costs for instructional personnel, training,
  957  and the development or purchase of instructional materials. The
  958  commissioner shall work with one or more nonprofit organizations
  959  with proven expertise in the area of personal finance, consider
  960  free resources that can be utilized for instructional materials,
  961  and provide data on the implementation of such a course in other
  962  states. The commissioner shall provide the cost analysis to the
  963  President of the Senate and the Speaker of the House of
  964  Representatives by October 1, 2013.
  965         Section 37. Paragraphs (b) and (c) of subsection (1) and
  966  subsections (2) and (3) of section 1003.4156, Florida Statutes,
  967  are amended to read:
  968         1003.4156 General requirements for middle grades
  969  promotion.—
  970         (1) In order for a student to be promoted to high school
  971  from a school that includes middle grades 6, 7, and 8, the
  972  student must successfully complete the following courses:
  973         (b) Three middle grades or higher courses in mathematics.
  974  Each school that includes middle grades must offer at least one
  975  high school level mathematics course for which students may earn
  976  high school credit. Successful completion of a high school level
  977  Algebra I or Geometry course is not contingent upon the
  978  student’s performance on the statewide, standardized end-of
  979  course (EOC) assessment or, upon transition to common core
  980  assessments, the common core Algebra I or geometry assessments
  981  required under s. 1008.22. However, beginning with the 2011-2012
  982  school year, To earn high school credit for Algebra I, a middle
  983  grades student must take the statewide, standardized Algebra I
  984  EOC assessment and pass the course, and in addition, beginning
  985  with the 2013-2014 school year and thereafter, a student’s
  986  performance on the Algebra I EOC assessment constitutes 30
  987  percent of the student’s final course grade. pass the Algebra I
  988  statewide, standardized assessment, and beginning with the 2012
  989  2013 school year, To earn high school credit for a Geometry
  990  course, a middle grades student must take the statewide,
  991  standardized Geometry EOC assessment, which constitutes 30
  992  percent of the student’s final course grade, and earn a passing
  993  grade in the course.
  994         (c) Three middle grades or higher courses in social
  995  studies. Beginning with students entering grade 6 in the 2012
  996  2013 school year, one of these courses must be at least a one
  997  semester civics education course that includes the roles and
  998  responsibilities of federal, state, and local governments; the
  999  structures and functions of the legislative, executive, and
 1000  judicial branches of government; and the meaning and
 1001  significance of historic documents, such as the Articles of
 1002  Confederation, the Declaration of Independence, and the
 1003  Constitution of the United States. Beginning with the 2013-2014
 1004  school year, each student’s performance on the statewide,
 1005  standardized EOC assessment in civics education required under
 1006  s. 1008.22 constitutes 30 percent of the student’s final course
 1007  grade. A middle grades student who transfers into the state’s
 1008  public school system from out of country, out of state, a
 1009  private school, or a home education program after the beginning
 1010  of the second term of grade 8 is not required to meet the civics
 1011  education requirement for promotion from the middle grades if
 1012  the student’s transcript documents passage of three courses in
 1013  social studies or two year-long courses in social studies that
 1014  include coverage of civics education.
 1015  
 1016  Each school must inform parents about the course curriculum and
 1017  activities. Each student shall complete a personal education
 1018  plan that must be signed by the student and the student’s
 1019  parent. The Department of Education shall develop course
 1020  frameworks and professional development materials for the career
 1021  and education planning course. The course may be implemented as
 1022  a stand-alone course or integrated into another course or
 1023  courses. The Commissioner of Education shall collect
 1024  longitudinal high school course enrollment data by student
 1025  ethnicity in order to analyze course-taking patterns.
 1026         (2) If a middle grades student scores Level l or Level 2 on
 1027  the statewide, standardized FCAT Reading assessment or, when
 1028  implemented, the state transitions to common core assessments on
 1029  the English Language Arts (ELA) assessment assessments required
 1030  under s. 1008.22, the following year the student must enroll in
 1031  and complete a remedial course or a content area course in which
 1032  remediation strategies are incorporated into course content
 1033  delivery. The department shall provide guidance on appropriate
 1034  strategies for diagnosing and meeting the varying instructional
 1035  needs of students performing below grade level.
 1036         (3) If a middle grades student scores Level 1 or Level 2 on
 1037  the statewide, standardized FCAT Mathematics assessment or, when
 1038  the state transitions to common core assessments, on the
 1039  mathematics common core assessments required under s. 1008.22,
 1040  the following year the student must receive remediation, which
 1041  may be integrated into the student’s required mathematics
 1042  courses.
 1043         Section 38. Section 1003.428, Florida Statutes, is
 1044  repealed.
 1045         Section 39. Subsection (1) of section 1003.4281, Florida
 1046  Statutes, is amended to read:
 1047         1003.4281 Early high school graduation.—
 1048         (1) The purpose of this section is to provide a student the
 1049  option of early graduation and receipt of a standard high school
 1050  diploma if the student earns 24 credits and meets the graduation
 1051  requirements set forth in s. 1003.428 or s. 1003.4282, as
 1052  applicable. For purposes of this section, the term “early
 1053  graduation” means graduation from high school in less than 8
 1054  semesters or the equivalent.
 1055         Section 40. Paragraphs (a), (b), (c), and (f) of subsection
 1056  (3), subsections (4), (5), (7), and (8), and paragraphs (a) and
 1057  (c) of subsection (9) of section 1003.4282, Florida Statutes,
 1058  are amended, subsection (10) is renumbered as subsection (11),
 1059  and a new subsection (10) is added to that section, to read:
 1060         1003.4282 Requirements for a standard high school diploma.—
 1061         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1062  REQUIREMENTS.—
 1063         (a) Four credits in English Language Arts (ELA).—The four
 1064  credits must be in ELA I, II, III, and IV. A student must pass
 1065  the statewide, standardized 10th grade 10 FCAT Reading
 1066  assessment or, when implemented, the until the state transitions
 1067  to a common core 10th grade 10 ELA assessment, or earn a
 1068  concordant score, after which time a student must pass the ELA
 1069  assessment in order to earn a standard high school diploma.
 1070         (b) Four credits in mathematics.—A student must earn one
 1071  credit in Algebra I and one credit in Geometry. A student’s
 1072  performance on the statewide, standardized Algebra I end-of
 1073  course (EOC) assessment or common core assessment, as
 1074  applicable, constitutes 30 percent of the student’s final course
 1075  grade. A student must pass the statewide, standardized Algebra I
 1076  EOC assessment, or earn a comparative score, until the state
 1077  transitions to a common core Algebra I assessment after which
 1078  time a student must pass the common core assessment in order to
 1079  earn a standard high school diploma. A student’s performance on
 1080  the statewide, standardized Geometry EOC assessment or common
 1081  core assessment, as applicable, constitutes 30 percent of the
 1082  student’s final course grade. If When the state administers a
 1083  statewide, standardized common core Algebra II assessment, a
 1084  student selecting Algebra II must take the assessment, and the
 1085  student’s performance on the assessment constitutes 30 percent
 1086  of the student’s final course grade. A student who earns an
 1087  industry certification for which there is a statewide college
 1088  credit articulation agreement approved by the State Board of
 1089  Education may substitute the certification for one mathematics
 1090  credit. Substitution may occur for up to two mathematics
 1091  credits, except for Algebra I and Geometry. Industry
 1092  certification courses that lead to college credit may substitute
 1093  for up to two math credits.
 1094         (c) Three credits in science.—Two of the three required
 1095  credits must have a laboratory component. A student must earn
 1096  one credit in Biology I and two credits in equally rigorous
 1097  courses. The statewide, standardized Biology I EOC assessment
 1098  constitutes 30 percent of the student’s final course grade. A
 1099  student who earns an industry certification for which there is a
 1100  statewide college credit articulation agreement approved by the
 1101  State Board of Education may substitute the certification for
 1102  one science credit, except for Biology I. Industry certification
 1103  courses that lead to college credit may substitute for up to one
 1104  science credit.
 1105         (f) One credit in physical education.—Physical education
 1106  must include the integration of health. Participation in an
 1107  interscholastic sport at the junior varsity or varsity level for
 1108  two full seasons shall satisfy the one-credit requirement in
 1109  physical education if the student passes a competency test on
 1110  personal fitness with a score of “C” or better. The competency
 1111  test on personal fitness developed by the Department of
 1112  Education must be used. A district school board may not require
 1113  that the one credit in physical education be taken during the
 1114  9th grade year. Completion of one semester with a grade of “C”
 1115  or better in a marching band class, in a physical activity class
 1116  that requires participation in marching band activities as an
 1117  extracurricular activity, or in a dance class shall satisfy one
 1118  half credit in physical education or one-half credit in
 1119  performing arts. This credit may not be used to satisfy the
 1120  personal fitness requirement or the requirement for adaptive
 1121  physical education under an individual education plan (IEP) or
 1122  504 plan. Completion of 2 years in a Reserve Officer Training
 1123  Corps (R.O.T.C.) class, a significant component of which is
 1124  drills, shall satisfy the one–credit requirement in physical
 1125  education and the one-credit requirement in performing arts.
 1126  This credit may not be used to satisfy the personal fitness
 1127  requirement or the requirement for adaptive physical education
 1128  under an IEP or 504 plan. This requirement is subject to all of
 1129  the provisions in s. 1003.428(2)(a)6.
 1130         (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education
 1131  course, At least one course within the 24 credits required under
 1132  this section must be completed through online learning.
 1133  Beginning with students entering grade 9 in the 2013-2014 school
 1134  year, the required online course may not be a driver education
 1135  course. A school district may not require a student to take the
 1136  online course outside the school day or in addition to a
 1137  student’s courses for a given semester. An online course taken
 1138  in grade 6, grade 7, or grade 8 fulfills this requirement. This
 1139  requirement is met through an online course offered by the
 1140  Florida Virtual School, a virtual education provider approved by
 1141  the State Board of Education, a high school, or an online dual
 1142  enrollment course. A student who is enrolled in a full-time or
 1143  part-time virtual instruction program under s. 1002.45 meets
 1144  this requirement. This requirement does not apply to a student
 1145  who has an individual education plan under s. 1003.57 which
 1146  indicates that an online course would be inappropriate or to an
 1147  out-of-state transfer student who is enrolled in a Florida high
 1148  school and has 1 academic year or less remaining in high school.
 1149         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
 1150         (a) Each year a student scores Level 1 or Level 2 on the
 1151  statewide, standardized 9th grade 9 or 10th grade 10 FCAT
 1152  Reading assessment or, when implemented, the 9th grade 9, 10th
 1153  grade 10, or 11th grade 11 ELA assessment common core English
 1154  Language Arts (ELA) assessments, the student must be enrolled in
 1155  and complete an intensive remedial course the following year or
 1156  be placed in a content area course that includes remediation of
 1157  skills not acquired by the student.
 1158         (b) Each year a student scores Level 1 or Level 2 on the
 1159  statewide, standardized Algebra I EOC assessment, or upon
 1160  transition to the common core Algebra I assessment, the student
 1161  must be enrolled in and complete an intensive remedial course
 1162  the following year or be placed in a content area course that
 1163  includes remediation of skills not acquired by the student.
 1164         (7) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
 1165         (a) A student who earns a cumulative grade point average
 1166  (GPA) of 2.0 on a 4.0 scale and meets the requirements of this
 1167  section or s. 1002.3105(5) shall be awarded a standard high
 1168  school diploma in a form prescribed by the State Board of
 1169  Education.
 1170         (b) An adult student in an adult general education program
 1171  as provided under s. 1004.93 shall be awarded a standard high
 1172  school diploma if the student meets the requirements of this
 1173  section or s. 1002.3105(5), except that:
 1174         1. One elective credit may be substituted for the one
 1175  credit requirement in fine or performing arts, speech and
 1176  debate, or practical arts.
 1177         2. The requirement that two of the science credits include
 1178  a laboratory component may be waived by the district school
 1179  board.
 1180         3. The one credit in physical education may be substituted
 1181  with an elective credit. Notwithstanding any other law to the
 1182  contrary, all students enrolled in high school as of the 2012
 1183  2013 school year who earned a passing grade in Biology I or
 1184  geometry before the 2013-2014 school year shall be awarded a
 1185  credit in that course if the student passed the course. The
 1186  student’s performance on the EOC assessment is not required to
 1187  constitute 30 percent of the student’s final course grade.
 1188         (c) A student who earns fails to earn the required 24
 1189  credits, or the required 18 credits under s. 1002.3105(5), but
 1190  fails to pass the assessments required under s. 1008.22(3) or
 1191  achieve a 2.0 GPA shall be awarded a certificate of completion
 1192  in a form prescribed by the State Board of Education. However, a
 1193  student who is otherwise entitled to a certificate of completion
 1194  may elect to remain in high school either as a full-time student
 1195  or a part-time student for up to 1 additional year and receive
 1196  special instruction designed to remedy his or her identified
 1197  deficiencies.
 1198         (8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
 1199  the 2012-2013 school year, if a student transfers to a Florida
 1200  public high school from out of country, out of state, a private
 1201  school, or a home education program and the student’s transcript
 1202  shows a mathematics credit in Algebra I a course that requires
 1203  passage of a statewide, standardized assessment in order to earn
 1204  a standard high school diploma, the student must pass the
 1205  statewide, standardized Algebra I EOC assessment in order to
 1206  earn a standard high school diploma unless the student earned a
 1207  comparative score pursuant to s. 1008.22, passed a statewide
 1208  assessment in Algebra I that subject administered by the
 1209  transferring entity, or passed the statewide mathematics
 1210  assessment the transferring entity uses to satisfy the
 1211  requirements of the Elementary and Secondary Education Act, 20
 1212  U.S.C. s. 6301. If a student’s transcript shows a credit in high
 1213  school reading or English Language Arts II or III, in order to
 1214  earn a standard high school diploma, the student must take and
 1215  pass the statewide, standardized grade 10 FCAT Reading
 1216  assessment or, when implemented, the grade 10 ELA assessment, or
 1217  earn a concordant score on the SAT or ACT as specified by state
 1218  board rule or, when the state transitions to common core English
 1219  Language Arts assessments, earn a passing score on the English
 1220  Language Arts assessment as required under this section. If a
 1221  transfer student’s transcript shows a final course grade and
 1222  course credit in Algebra I, Geometry, Biology I, or United
 1223  States History, the transferring course final grade and credit
 1224  shall be honored without the student taking the requisite
 1225  statewide, standardized EOC assessment and without the
 1226  assessment results constituting 30 percent of the student’s
 1227  final course grade.
 1228         (9) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL
 1229  CREDIT REQUIREMENTS.—
 1230         (a) Participation in career education courses engages
 1231  students in their high school education, increases academic
 1232  achievement, enhances employability, and increases postsecondary
 1233  success. By July 1, 2014, the department shall develop, for
 1234  approval by the State Board of Education, multiple, additional
 1235  career education courses or a series of courses that meet the
 1236  requirements set forth in s. 1003.493(2), (4), and (5) and this
 1237  subsection and allow students to earn credit in both the career
 1238  education course and courses required for high school graduation
 1239  under this section and s. ss. 1003.428 and 1003.4281.
 1240         1. The state board must determine if sufficient academic
 1241  standards are covered to warrant the award of academic credit.
 1242         2. Career education courses must include workforce and
 1243  digital literacy skills and the integration of required course
 1244  content with practical applications and designated rigorous
 1245  coursework that results in one or more industry certifications
 1246  or clearly articulated credit or advanced standing in a 2-year
 1247  or 4-year certificate or degree program, which may include high
 1248  school junior and senior year work-related internships or
 1249  apprenticeships. The department shall negotiate state licenses
 1250  for material and testing for industry certifications. The
 1251  instructional methodology used in these courses must be
 1252  comprised of authentic projects, problems, and activities for
 1253  contextually learning the academics.
 1254         (c) Regional consortium service organizations established
 1255  pursuant to s. 1001.451 shall work with school districts, local
 1256  workforce boards, postsecondary institutions, and local business
 1257  and industry leaders to create career education courses that
 1258  meet the requirements set forth in s. 1003.493(2), (4), and (5)
 1259  and this subsection that students can take to earn required high
 1260  school course credits. The regional consortium shall submit
 1261  course recommendations to the department, on behalf of the
 1262  consortium member districts, for state board approval. A strong
 1263  emphasis should be placed on online coursework, digital
 1264  literacy, and workforce literacy as defined in s. 1004.02(26)
 1265  1004.02(27). For purposes of providing students the opportunity
 1266  to earn industry certifications, consortiums must secure the
 1267  necessary site licenses and testing contracts for use by member
 1268  districts.
 1269         (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 1270  requirements of this section, in addition to applying to
 1271  students entering grade 9 in the 2013-2014 school year and
 1272  thereafter, shall also apply to students entering grade 9 before
 1273  the 2013-2014 school year, except as otherwise provided in this
 1274  subsection.
 1275         (a) A student entering grade 9 before the 2010-2011 school
 1276  year must earn:
 1277         1. Four credits in English/ELA. A student must pass the
 1278  statewide, standardized grade 10 Reading assessment, or earn a
 1279  concordant score, in order to graduate with a standard high
 1280  school diploma.
 1281         2. Four credits in mathematics, which must include Algebra
 1282  I. A student must pass grade 10 FCAT Mathematics, or earn a
 1283  concordant score, in order to graduate with a standard high
 1284  school diploma. A student who takes Algebra I or Geometry after
 1285  the 2010-2011 school year must take the statewide, standardized
 1286  EOC assessment for the course but is not required to pass the
 1287  assessment in order to earn course credit. A student’s
 1288  performance on the Algebra I or Geometry EOC assessment is not
 1289  required to constitute 30 percent of the student’s final course
 1290  grade. A student who earns an industry certification for which
 1291  there is a statewide college credit articulation agreement
 1292  approved by the State Board of Education may substitute the
 1293  certification for one mathematics credit. Substitution may occur
 1294  for up to two mathematics credits, except for Algebra I.
 1295         3. Three credits in science, two of which must have a
 1296  laboratory component. A student who takes Biology I after the
 1297  2010-2011 school year must take the statewide, standardized
 1298  Biology I EOC assessment but is not required to pass the
 1299  assessment in order to earn course credit. A student’s
 1300  performance on the assessment is not required to constitute 30
 1301  percent of the student’s final course grade. A student who earns
 1302  an industry certification for which there is a statewide college
 1303  credit articulation agreement approved by the State Board of
 1304  Education may substitute the certification for one science
 1305  credit.
 1306         4. Three credits in social studies of which one credit in
 1307  World History, one credit in United States History, one-half
 1308  credit in United States Government, and one-half credit in
 1309  economics is required. A student who takes United States History
 1310  after the 2011-2012 school year must take the statewide,
 1311  standardized United States History EOC assessment but the
 1312  student’s performance on the assessment is not required to
 1313  constitute 30 percent of the student’s final course grade.
 1314         5. One credit in fine or performing arts, speech and
 1315  debate, or practical arts as provided in paragraph (3)(e).
 1316         6. One credit in physical education as provided in
 1317  paragraph (3)(f).
 1318         7. Eight credits in electives.
 1319         (b) A student entering grade 9 in the 2010-2011 school year
 1320  must earn:
 1321         1. Four credits in English/ELA. A student must pass the
 1322  statewide, standardized grade 10 Reading assessment, or earn a
 1323  concordant score, in order to graduate with a standard high
 1324  school diploma.
 1325         2. Four credits in mathematics, which must include Algebra
 1326  I and Geometry. The statewide, standardized Algebra I EOC
 1327  assessment constitutes 30 percent of the student’s final course
 1328  grade. A student who takes Algebra I or Geometry after the 2010
 1329  2011 school year must take the statewide, standardized EOC
 1330  assessment for the course but is not required to pass the
 1331  assessment in order to earn course credit. A student’s
 1332  performance on the Geometry EOC assessment is not required to
 1333  constitute 30 percent of the student’s final course grade. A
 1334  student who earns an industry certification for which there is a
 1335  statewide college credit articulation agreement approved by the
 1336  State Board of Education may substitute the certification for
 1337  one mathematics credit. Substitution may occur for up to two
 1338  mathematics credits, except for Algebra I and Geometry.
 1339         3. Three credits in science, two of which must have a
 1340  laboratory component. A student who takes Biology I after the
 1341  2010-2011 school year must take the statewide, standardized
 1342  Biology I EOC assessment but is not required to pass the
 1343  assessment in order to earn course credit. A student’s
 1344  performance on the assessment is not required to constitute 30
 1345  percent of the student’s final course grade. A student who earns
 1346  an industry certification for which there is a statewide college
 1347  credit articulation agreement approved by the State Board of
 1348  Education may substitute the certification for one science
 1349  credit, except for Biology I.
 1350         4. Three credits in social studies of which one credit in
 1351  World History, one credit in United States History, one-half
 1352  credit in United States Government, and one-half credit in
 1353  economics is required. A student who takes United States History
 1354  after the 2011-2012 school year must take the statewide,
 1355  standardized United States History EOC assessment but the
 1356  student’s performance on the assessment is not required to
 1357  constitute 30 percent of the student’s final course grade.
 1358         5. One credit in fine or performing arts, speech and
 1359  debate, or practical arts as provided in paragraph (3)(e).
 1360         6. One credit in physical education as provided in
 1361  paragraph (3)(f).
 1362         7. Eight credits in electives.
 1363         (c) A student entering grade 9 in the 2011-2012 school year
 1364  must earn:
 1365         1. Four credits in English/ELA. A student must pass the
 1366  statewide, standardized grade 10 Reading assessment, or earn a
 1367  concordant score, in order to graduate with a standard high
 1368  school diploma.
 1369         2. Four credits in mathematics, which must include Algebra
 1370  I and Geometry. A student who takes Algebra I after the 2010
 1371  2011 school year must pass the statewide, standardized Algebra I
 1372  EOC assessment, or earn a comparative score, in order to earn a
 1373  standard high school diploma. A student who takes Algebra I or
 1374  Geometry after the 2010-2011 school year must take the
 1375  statewide, standardized EOC assessment but is not required to
 1376  pass the Algebra I or Geometry EOC assessment in order to earn
 1377  course credit. A student’s performance on the Algebra I or
 1378  Geometry EOC assessment is not required to constitute 30 percent
 1379  of the student’s final course grade. A student who earns an
 1380  industry certification for which there is a statewide college
 1381  credit articulation agreement approved by the State Board of
 1382  Education may substitute the certification for one mathematics
 1383  credit. Substitution may occur for up to two mathematics
 1384  credits, except for Algebra I and Geometry.
 1385         3. Three credits in science, two of which must have a
 1386  laboratory component. One of the science credits must be Biology
 1387  I. A student who takes Biology I after the 2010-2011 school year
 1388  must take the statewide, standardized Biology I EOC assessment
 1389  but is not required to pass the assessment in order to earn
 1390  course credit. A student’s performance on the assessment is not
 1391  required to constitute 30 percent of the student’s final course
 1392  grade. A student who earns an industry certification for which
 1393  there is a statewide college credit articulation agreement
 1394  approved by the State Board of Education may substitute the
 1395  certification for one science credit, except for Biology I.
 1396         4. Three credits in social studies of which one credit in
 1397  World History, one credit in United States History, one-half
 1398  credit in United States Government, and one-half credit in
 1399  economics is required. A student who takes United States History
 1400  after the 2011-2012 school year student must take the statewide,
 1401  standardized United States History EOC assessment but the
 1402  student’s performance on the assessment is not required to
 1403  constitute 30 percent of the student’s final course grade.
 1404         5. One credit in fine or performing arts, speech and
 1405  debate, or practical arts as provided in paragraph (3)(e).
 1406         6. One credit in physical education as provided in
 1407  paragraph (3)(f).
 1408         7. Eight credits in electives.
 1409         8. One online course as provided in subsection (4).
 1410         (d) A student entering grade 9 in the 2012-2013 school year
 1411  must earn:
 1412         1. Four credits in English/ELA. A student must pass the
 1413  statewide, standardized grade 10 Reading assessment, or earn a
 1414  concordant score, in order to graduate with a standard high
 1415  school diploma.
 1416         2. Four credits in mathematics, which must include Algebra
 1417  I and Geometry. A student who takes Algebra I after the 2010
 1418  2011 school year must pass the statewide, standardized Algebra I
 1419  EOC assessment, or earn a comparative score, in order to earn a
 1420  standard high school diploma. A student who takes Geometry after
 1421  the 2010-2011 school year must take the statewide, standardized
 1422  Geometry EOC assessment. A student is not required to pass the
 1423  statewide, standardized EOC assessment in Algebra I or Geometry
 1424  in order to earn course credit. A student’s performance on the
 1425  Algebra I or Geometry EOC assessment is not required to
 1426  constitute 30 percent of the student’s final course grade. A
 1427  student who earns an industry certification for which there is a
 1428  statewide college credit articulation agreement approved by the
 1429  State Board of Education may substitute the certification for
 1430  one mathematics credit. Substitution may occur for up to two
 1431  mathematics credits, except for Algebra I and Geometry.
 1432         3. Three credits in science, two of which must have a
 1433  laboratory component. One of the science credits must be Biology
 1434  I. A student who takes Biology I after the 2010-2011 school year
 1435  must take the statewide, standardized Biology I EOC assessment
 1436  but is not required to pass the assessment to earn course
 1437  credit. A student’s performance on the assessment is not
 1438  required to constitute 30 percent of the student’s final course
 1439  grade. A student who earns an industry certification for which
 1440  there is a statewide college credit articulation agreement
 1441  approved by the State Board of Education may substitute the
 1442  certification for one science credit, except for Biology I.
 1443         4. Three credits in social studies of which one credit in
 1444  World History, one credit in United States History, one-half
 1445  credit in United States Government, and one-half credit in
 1446  economics is required. The statewide, standardized United States
 1447  History EOC assessment constitutes 30 percent of the student’s
 1448  final course grade.
 1449         5. One credit in fine or performing arts, speech and
 1450  debate, or practical arts as provided in paragraph (3)(e).
 1451         6. One credit in physical education as provided in
 1452  paragraph (3)(f).
 1453         7. Eight credits in electives.
 1454         8. One online course as provided in subsection (4).
 1455         (e) Policy adopted in rule by the district school board may
 1456  require for any cohort of students that performance on a
 1457  statewide, standardized EOC assessment constitute 30 percent of
 1458  a student’s final course grade.
 1459         (f) This subsection is repealed July 1, 2020.
 1460         Section 41. Subsection (1) of section 1003.4285, Florida
 1461  Statutes, is amended to read:
 1462         1003.4285 Standard high school diploma designations.—
 1463         (1) Each standard high school diploma shall include, as
 1464  applicable, the following designations if the student meets the
 1465  criteria set forth for the designation:
 1466         (a) Scholar designation.—In addition to the requirements of
 1467  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1468  the Scholar designation, a student must satisfy the following
 1469  requirements:
 1470         1. English Language Arts (ELA).—Beginning with students
 1471  entering grade 9 in the 2014-2015 school year When the state
 1472  transitions to common core assessments, pass the statewide,
 1473  standardized 11th grade 11 ELA common core assessment.
 1474         2. Mathematics.—Earn one credit in Algebra II and one
 1475  credit in statistics or an equally rigorous course. Beginning
 1476  with students entering grade 9 in the 2014-2015 school year When
 1477  the state transitions to common core assessments, students must
 1478  pass the Algebra II and Geometry statewide, standardized
 1479  assessments common core assessment.
 1480         3. Science.—Pass the statewide, standardized Biology I EOC
 1481  end-of-course assessment and earn one credit in chemistry or
 1482  physics and one credit in a course equally rigorous to chemistry
 1483  or physics. However, a student enrolled in an Advanced Placement
 1484  (AP), International Baccalaureate (IB), or Advanced
 1485  International Certificate of Education (AICE) Biology course who
 1486  takes the respective AP, IB, or AICE Biology assessment and
 1487  earns the minimum score necessary to earn college credit as
 1488  identified pursuant to s. 1007.27(2) meets the requirement of
 1489  this subparagraph without having to take the statewide,
 1490  standardized Biology I EOC assessment.
 1491         4. Social studies.—Pass the statewide, standardized United
 1492  States History EOC end-of-course assessment. However, a student
 1493  enrolled in an AP, IB, or AICE course that includes United
 1494  States History topics who takes the respective AP, IB, or AICE
 1495  assessment and earns the minimum score necessary to earn college
 1496  credit as identified pursuant to s. 1007.27(2) meets the
 1497  requirement of this subparagraph without having to take the
 1498  statewide, standardized United States History EOC assessment.
 1499         5. Foreign language.—Earn two credits in the same foreign
 1500  language.
 1501         6. Electives.—Earn at least one credit in an Advanced
 1502  Placement, an International Baccalaureate, an Advanced
 1503  International Certificate of Education, or a dual enrollment
 1504  course.
 1505         (b) Merit designation.—In addition to the requirements of
 1506  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1507  the Merit designation, a student must attain one or more
 1508  industry certifications from the list established under s.
 1509  1003.492.
 1510         Section 42. Section 1003.438, Florida Statutes, is amended
 1511  to read:
 1512         1003.438 Special high school graduation requirements for
 1513  certain exceptional students.—A student who has been identified,
 1514  in accordance with rules established by the State Board of
 1515  Education, as a student with disabilities who has an
 1516  intellectual disability; an autism spectrum disorder; a language
 1517  impairment; an orthopedic impairment; an other health
 1518  impairment; a traumatic brain injury; an emotional or behavioral
 1519  disability; a specific learning disability, including, but not
 1520  limited to, dyslexia, dyscalculia, or developmental aphasia; or
 1521  students who are deaf or hard of hearing or dual sensory
 1522  impaired shall not be required to meet all requirements of s.
 1523  1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282 and shall,
 1524  upon meeting all applicable requirements prescribed by the
 1525  district school board pursuant to s. 1008.25, be awarded a
 1526  special diploma in a form prescribed by the commissioner;
 1527  however, such special graduation requirements prescribed by the
 1528  district school board must include minimum graduation
 1529  requirements as prescribed by the commissioner. Any such student
 1530  who meets all special requirements of the district school board,
 1531  but is unable to meet the appropriate special state minimum
 1532  requirements, shall be awarded a special certificate of
 1533  completion in a form prescribed by the commissioner. However,
 1534  this section does not limit or restrict the right of an
 1535  exceptional student solely to a special diploma or special
 1536  certificate of completion. Any such student shall, upon proper
 1537  request, be afforded the opportunity to fully meet all
 1538  requirements of s. 1002.3105(5), s. 1003.4281, 1003.428 or s.
 1539  1003.4282 through the standard procedures established therein
 1540  and thereby to qualify for a standard diploma upon graduation.
 1541         Section 43. Subsection (5) of section 1003.451, Florida
 1542  Statutes, is repealed.
 1543         Section 44. Subsection (1) of section 1003.49, Florida
 1544  Statutes, is amended to read:
 1545         1003.49 Graduation and promotion requirements for publicly
 1546  operated schools.—
 1547         (1) Each state or local public agency, including the
 1548  Department of Children and Family Services, the Department of
 1549  Corrections, the boards of trustees of universities and Florida
 1550  College System institutions, and the Board of Trustees of the
 1551  Florida School for the Deaf and the Blind, which agency is
 1552  authorized to operate educational programs for students at any
 1553  level of grades kindergarten through 12, shall be subject to all
 1554  applicable requirements of ss. 1002.3105(5), 1003.4281,
 1555  1003.4282 1003.428, 1003.429, 1008.23, and 1008.25. Within the
 1556  content of these cited statutes each such state or local public
 1557  agency or entity shall be considered a “district school board.”
 1558         Section 45. Paragraph (e) of subsection (4) of section
 1559  1003.493, Florida Statutes, is amended to read:
 1560         1003.493 Career and professional academies and career
 1561  themed courses.—
 1562         (4) Each career and professional academy and secondary
 1563  school providing a career-themed course must:
 1564         (e) Deliver academic content through instruction relevant
 1565  to the career, including intensive reading and mathematics
 1566  intervention required by s. 1003.4282 1003.428, with an emphasis
 1567  on strengthening reading for information skills.
 1568         Section 46. Subsection (2) of section 1003.4935, Florida
 1569  Statutes, is amended to read:
 1570         1003.4935 Middle grades career and professional academy
 1571  courses and career-themed courses.—
 1572         (2) Each middle grades career and professional academy or
 1573  career-themed course must be aligned with at least one high
 1574  school career and professional academy or career-themed course
 1575  offered in the district and maintain partnerships with local
 1576  business and industry and economic development boards. Middle
 1577  grades career and professional academies and career-themed
 1578  courses must:
 1579         (a) Lead to careers in occupations designated as high
 1580  skill, high-wage, and high-demand in the Industry Certification
 1581  Funding List approved under rules adopted by the State Board of
 1582  Education;
 1583         (b) Integrate content from core subject areas;
 1584         (c) Integrate career and professional academy or career
 1585  themed course content with intensive reading, English Language
 1586  Arts, and mathematics pursuant to s. ss. 1003.428 and 1003.4282;
 1587         (d) Coordinate with high schools to maximize opportunities
 1588  for middle grades students to earn high school credit;
 1589         (e) Provide access to virtual instruction courses provided
 1590  by virtual education providers legislatively authorized to
 1591  provide part-time instruction to middle grades students. The
 1592  virtual instruction courses must be aligned to state curriculum
 1593  standards for middle grades career and professional academy
 1594  courses or career-themed courses, with priority given to
 1595  students who have required course deficits;
 1596         (f) Provide instruction from highly skilled professionals
 1597  who hold industry certificates in the career area in which they
 1598  teach;
 1599         (g) Offer externships; and
 1600         (h) Provide personalized student advisement that includes a
 1601  parent-participation component.
 1602         Section 47. Paragraph (a) of subsection (1) of section
 1603  1003.57, Florida Statutes, is amended to read:
 1604         1003.57 Exceptional students instruction.—
 1605         (1)(a) For purposes of providing exceptional student
 1606  instruction under this section:
 1607         1. A school district shall use the following terms to
 1608  describe the instructional setting for a student with a
 1609  disability, 6 through 21 years of age, who is not educated in a
 1610  setting accessible to all children who are together at all
 1611  times:
 1612         a. “Exceptional student education center” or “special day
 1613  school” means a separate public school to which nondisabled
 1614  peers do not have access.
 1615         b. “Other separate environment” means a separate private
 1616  school, residential facility, or hospital or homebound program.
 1617         c. “Regular class” means a class in which a student spends
 1618  80 percent or more of the school week with nondisabled peers.
 1619         d. “Resource room” means a classroom in which a student
 1620  spends between 40 percent to 80 percent of the school week with
 1621  nondisabled peers.
 1622         e. “Separate class” means a class in which a student spends
 1623  less than 40 percent of the school week with nondisabled peers.
 1624         2. A school district shall use the term “inclusion” to mean
 1625  that a student is receiving education in a general education
 1626  regular class setting, reflecting natural proportions and age
 1627  appropriate heterogeneous groups in core academic and elective
 1628  or special areas within the school community; a student with a
 1629  disability is a valued member of the classroom and school
 1630  community; the teachers and administrators support universal
 1631  education and have knowledge and support available to enable
 1632  them to effectively teach all children; and a teacher student is
 1633  provided access to technical assistance in best practices,
 1634  instructional methods, and supports tailored to the student’s
 1635  needs based on current research.
 1636         Section 48. Paragraph (a) of subsection (1) of section
 1637  1003.621, Florida Statutes, is amended to read:
 1638         1003.621 Academically high-performing school districts.—It
 1639  is the intent of the Legislature to recognize and reward school
 1640  districts that demonstrate the ability to consistently maintain
 1641  or improve their high-performing status. The purpose of this
 1642  section is to provide high-performing school districts with
 1643  flexibility in meeting the specific requirements in statute and
 1644  rules of the State Board of Education.
 1645         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
 1646         (a) A school district is an academically high-performing
 1647  school district if it meets the following criteria:
 1648         1.a. Beginning with the 2004-2005 school year, Earns a
 1649  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
 1650         b. Has no district-operated school that earns a grade of
 1651  “F” under s. 1008.34;
 1652         2. Complies with all class size requirements in s. 1, Art.
 1653  IX of the State Constitution and s. 1003.03; and
 1654         3. Has no material weaknesses or instances of material
 1655  noncompliance noted in the annual financial audit conducted
 1656  pursuant to s. 11.45 or s. 218.39.
 1657  
 1658  However, a district in which a district-operated school earns a
 1659  grade of “F” under s. 1008.34 during the 3-year period may not
 1660  continue to be designated as an academically high-performing
 1661  school district during the remainder of that 3-year period. The
 1662  district must meet the criteria in paragraph (a) in order to be
 1663  redesignated as an academically high-performing school district.
 1664         Section 49. Subsection (4) of section 1004.02, Florida
 1665  Statutes, is repealed.
 1666         Section 50. Section 1004.0961, Florida Statutes, is amended
 1667  to read:
 1668         1004.0961 Credit for online courses.—Beginning in the 2015
 1669  2016 school year, the State Board of Education shall adopt rules
 1670  and the Board of Governors shall adopt regulations rules that
 1671  enable students to earn academic credit for online courses,
 1672  including massive open online courses, before prior to initial
 1673  enrollment at a postsecondary institution. The rules of the
 1674  State Board of Education and regulations rules of the Board of
 1675  Governors must include procedures for credential evaluation and
 1676  the award of credit, including, but not limited to,
 1677  recommendations for credit by the American Council on Education;
 1678  equivalency and alignment of coursework with appropriate
 1679  courses; course descriptions; type and amount of credit that may
 1680  be awarded; and transfer of credit.
 1681         Section 51. Section 1004.3825, Florida Statutes, is
 1682  repealed.
 1683         Section 52. Section 1004.387, Florida Statutes, is
 1684  repealed.
 1685         Section 53. Subsection (2) of section 1004.445, Florida
 1686  Statutes, is repealed.
 1687         Section 54. Section 1004.75, Florida Statutes, is repealed.
 1688         Section 55. Subsections (1), (2), and (7) of section
 1689  1004.935, Florida Statutes, are amended to read:
 1690         1004.935 Adults with Disabilities Workforce Education Pilot
 1691  Program.—
 1692         (1) The Adults with Disabilities Workforce Education Pilot
 1693  Program is established in the Department of Education through
 1694  June 30, 2016, for 2 years in Hardee, DeSoto, Manatee, and
 1695  Sarasota Counties to provide the option of receiving a
 1696  scholarship for instruction at private schools for up to 30
 1697  students who:
 1698         (a) Have a disability;
 1699         (b) Are 22 years of age;
 1700         (c) Are receiving instruction from an instructor in a
 1701  private school to meet the high school graduation requirements
 1702  in s. 1002.3105(5) 1003.428 or s. 1003.4282;
 1703         (d) Do not have a standard high school diploma or a special
 1704  high school diploma; and
 1705         (e) Receive “supported employment services,” which means
 1706  employment that is located or provided in an integrated work
 1707  setting with earnings paid on a commensurate wage basis and for
 1708  which continued support is needed for job maintenance.
 1709  
 1710  As used in this section, the term “student with a disability”
 1711  includes a student who is documented as having an intellectual
 1712  disability; a speech impairment; a language impairment; a
 1713  hearing impairment, including deafness; a visual impairment,
 1714  including blindness; a dual sensory impairment; an orthopedic
 1715  impairment; another health impairment; an emotional or
 1716  behavioral disability; a specific learning disability,
 1717  including, but not limited to, dyslexia, dyscalculia, or
 1718  developmental aphasia; a traumatic brain injury; a developmental
 1719  delay; or autism spectrum disorder.
 1720         (2) A student participating in the pilot program may
 1721  continue to participate in the program until the student
 1722  graduates from high school or reaches the age of 40 30 years,
 1723  whichever occurs first.
 1724         (7) Funds for the scholarship shall be provided from the
 1725  appropriation from the school district’s Workforce Development
 1726  Fund in the General Appropriations Act for students who reside
 1727  in the Hardee County School District, the DeSoto County School
 1728  District, the Manatee County School District, or the Sarasota
 1729  County School District. During the 2-year pilot program, the
 1730  scholarship amount granted for an eligible student with a
 1731  disability shall be equal to the cost per unit of a full-time
 1732  equivalent adult general education student, multiplied by the
 1733  adult general education funding factor, and multiplied by the
 1734  district cost differential pursuant to the formula required by
 1735  s. 1011.80(6)(a) for the district in which the student resides.
 1736         Section 56. Section 1006.141, Florida Statutes, is
 1737  repealed.
 1738         Section 57. Subsections (4), (5), and (8) of section
 1739  1006.147, Florida Statutes, are amended to read:
 1740         1006.147 Bullying and harassment prohibited.—
 1741         (4) By December 1, 2008, Each school district shall adopt a
 1742  policy prohibiting bullying and harassment of a any student or
 1743  employee of a public K-12 educational institution. Each school
 1744  district’s policy shall be in substantial conformity with the
 1745  Department of Education’s model policy mandated in subsection
 1746  (5). The school district bullying and harassment policy shall
 1747  afford all students the same protection regardless of their
 1748  status under the law. The school district may establish separate
 1749  discrimination policies that include categories of students. The
 1750  school district shall involve students, parents, teachers,
 1751  administrators, school staff, school volunteers, community
 1752  representatives, and local law enforcement agencies in the
 1753  process of adopting the policy. The school district policy must
 1754  be implemented in a manner that is ongoing throughout the school
 1755  year and integrated with a school’s curriculum, a school’s
 1756  discipline policies, and other violence prevention efforts. The
 1757  school district policy must contain, at a minimum, the following
 1758  components:
 1759         (a) A statement prohibiting bullying and harassment.
 1760         (b) A definition of bullying and a definition of harassment
 1761  that include the definitions listed in this section.
 1762         (c) A description of the type of behavior expected from
 1763  each student and employee of a public K-12 educational
 1764  institution.
 1765         (d) The consequences for a student or employee of a public
 1766  K-12 educational institution who commits an act of bullying or
 1767  harassment.
 1768         (e) The consequences for a student or employee of a public
 1769  K-12 educational institution who is found to have wrongfully and
 1770  intentionally accused another of an act of bullying or
 1771  harassment.
 1772         (f) A procedure for reporting an act of bullying or
 1773  harassment, including provisions that permit a person to
 1774  anonymously report such an act. However, this paragraph does not
 1775  permit formal disciplinary action to be based solely on an
 1776  anonymous report.
 1777         (g) A procedure for the prompt investigation of a report of
 1778  bullying or harassment and the persons responsible for the
 1779  investigation. The investigation of a reported act of bullying
 1780  or harassment is deemed to be a school-related activity and
 1781  begins with a report of such an act. Incidents that require a
 1782  reasonable investigation when reported to appropriate school
 1783  authorities shall include alleged incidents of bullying or
 1784  harassment allegedly committed against a child while the child
 1785  is en route to school aboard a school bus or at a school bus
 1786  stop.
 1787         (h) A process to investigate whether a reported act of
 1788  bullying or harassment is within the scope of the district
 1789  school system and, if not, a process for referral of such an act
 1790  to the appropriate jurisdiction. Computers without web-filtering
 1791  software or computers with web-filtering software that is
 1792  disabled shall be used when complaints of cyberbullying are
 1793  investigated.
 1794         (i) A procedure for providing immediate notification to the
 1795  parents of a victim of bullying or harassment and the parents of
 1796  the perpetrator of an act of bullying or harassment, as well as
 1797  notification to all local agencies where criminal charges may be
 1798  pursued against the perpetrator.
 1799         (j) A procedure to refer victims and perpetrators of
 1800  bullying or harassment for counseling.
 1801         (k) A procedure for including incidents of bullying or
 1802  harassment in the school’s report of data concerning school
 1803  safety and discipline required under s. 1006.09(6). The report
 1804  must include each incident of bullying or harassment and the
 1805  resulting consequences, including discipline and referrals. The
 1806  report must include in a separate section each reported incident
 1807  of bullying or harassment that does not meet the criteria of a
 1808  prohibited act under this section with recommendations regarding
 1809  such incidents. The Department of Education shall aggregate
 1810  information contained in the reports.
 1811         (l) A procedure for providing instruction to students,
 1812  parents, teachers, school administrators, counseling staff, and
 1813  school volunteers on identifying, preventing, and responding to
 1814  bullying or harassment, including instruction on recognizing
 1815  behaviors that lead to bullying and harassment and taking
 1816  appropriate preventive action based on those observations.
 1817         (m) A procedure for regularly reporting to a victim’s
 1818  parents the actions taken to protect the victim.
 1819         (n) A procedure for publicizing the policy, which must
 1820  include its publication in the code of student conduct required
 1821  under s. 1006.07(2) and in all employee handbooks.
 1822         (5) To assist school districts in developing policies
 1823  prohibiting bullying and harassment, the Department of Education
 1824  shall develop a model policy that shall be provided to school
 1825  districts no later than October 1, 2008.
 1826         (7)(8) Distribution of safe schools funds to a school
 1827  district provided in the 2009-2010 General Appropriations Act is
 1828  contingent upon and payable to the school district upon the
 1829  Department of Education’s approval of the school district’s
 1830  bullying and harassment policy. The department’s approval of
 1831  each school district’s bullying and harassment policy shall be
 1832  granted upon certification by the department that the school
 1833  district’s policy has been submitted to the department and is in
 1834  substantial conformity with the department’s model bullying and
 1835  harassment policy as mandated in subsection (5). Distribution of
 1836  safe schools funds provided to a school district in fiscal year
 1837  2010-2011 and thereafter shall be contingent upon and payable to
 1838  the school district upon the school district’s compliance with
 1839  all reporting procedures contained in this section.
 1840         Section 58. Subsection (2) of section 1006.148, Florida
 1841  Statutes, is repealed.
 1842         Section 59. Paragraph (a) of subsection (3) of section
 1843  1006.15, Florida Statutes, is amended to read:
 1844         1006.15 Student standards for participation in
 1845  interscholastic and intrascholastic extracurricular student
 1846  activities; regulation.—
 1847         (3)(a) To be eligible to participate in interscholastic
 1848  extracurricular student activities, a student must:
 1849         1. Maintain a grade point average of 2.0 or above on a 4.0
 1850  scale, or its equivalent, in the previous semester or a
 1851  cumulative grade point average of 2.0 or above on a 4.0 scale,
 1852  or its equivalent, in the courses required by s. 1002.3105(5)
 1853  1003.428 or s. 1003.4282 1003.429.
 1854         2. Execute and fulfill the requirements of an academic
 1855  performance contract between the student, the district school
 1856  board, the appropriate governing association, and the student’s
 1857  parents, if the student’s cumulative grade point average falls
 1858  below 2.0, or its equivalent, on a 4.0 scale in the courses
 1859  required by s. 1002.3105(5) 1003.428 or s. 1003.4282 1003.429.
 1860  At a minimum, the contract must require that the student attend
 1861  summer school, or its graded equivalent, between grades 9 and 10
 1862  or grades 10 and 11, as necessary.
 1863         3. Have a cumulative grade point average of 2.0 or above on
 1864  a 4.0 scale, or its equivalent, in the courses required by s.
 1865  1002.3105(5) 1003.428 or s. 1003.4282 1003.429 during his or her
 1866  junior or senior year.
 1867         4. Maintain satisfactory conduct, including adherence to
 1868  appropriate dress and other codes of student conduct policies
 1869  described in s. 1006.07(2). If a student is convicted of, or is
 1870  found to have committed, a felony or a delinquent act that would
 1871  have been a felony if committed by an adult, regardless of
 1872  whether adjudication is withheld, the student’s participation in
 1873  interscholastic extracurricular activities is contingent upon
 1874  established and published district school board policy.
 1875         Section 60. Subsection (1) and paragraph (a) of subsection
 1876  (2) of section 1006.28, Florida Statutes, are amended to read:
 1877         1006.28 Duties of district school board, district school
 1878  superintendent; and school principal regarding K-12
 1879  instructional materials.—
 1880         (1) DISTRICT SCHOOL BOARD.—The district school board has
 1881  the duty to provide adequate instructional materials for all
 1882  students in accordance with the requirements of this part. The
 1883  term “adequate instructional materials” means a sufficient
 1884  number of student or site licenses or sets of materials that are
 1885  available in bound, unbound, kit, or package form and may
 1886  consist of hardbacked or softbacked textbooks, electronic
 1887  content, consumables, learning laboratories, manipulatives,
 1888  electronic media, and computer courseware or software that serve
 1889  as the basis for instruction for each student in the core
 1890  subject areas courses of mathematics, language arts, social
 1891  studies, science, reading, and literature. The district school
 1892  board has the following specific duties:
 1893         (a) Courses of study; adoption.—Adopt courses of study for
 1894  use in the schools of the district.
 1895         (b) Instructional materials.—Provide for proper
 1896  requisitioning, distribution, accounting, storage, care, and use
 1897  of all instructional materials and furnish such other
 1898  instructional materials as may be needed. The district school
 1899  board shall ensure that Instructional materials used must be in
 1900  the district are consistent with the district goals and
 1901  objectives and the course descriptions established in rule of
 1902  the State Board of Education, as well as with the applicable
 1903  Next Generation Sunshine State and district performance
 1904  Standards provided for in s. 1003.41 1001.03(1).
 1905         (c) Other instructional materials.—Provide such other
 1906  teaching accessories and aids as are needed for the school
 1907  district’s educational program.
 1908         (d) School library media services; establishment and
 1909  maintenance.—Establish and maintain a program of school library
 1910  media services for all public schools in the district, including
 1911  school library media centers, or school library media centers
 1912  open to the public, and, in addition such traveling or
 1913  circulating libraries as may be needed for the proper operation
 1914  of the district school system.
 1915         (2) DISTRICT SCHOOL SUPERINTENDENT.—
 1916         (a) The district school superintendent has the duty to
 1917  recommend such plans for improving, providing, distributing,
 1918  accounting for, and caring for instructional materials and other
 1919  instructional aids as will result in general improvement of the
 1920  district school system, as prescribed in this part, in
 1921  accordance with adopted district school board rules prescribing
 1922  the duties and responsibilities of the district school
 1923  superintendent regarding the requisition, purchase, receipt,
 1924  storage, distribution, use, conservation, records, and reports
 1925  of, and management practices and property accountability
 1926  concerning, instructional materials, and providing for an
 1927  evaluation of any instructional materials to be requisitioned
 1928  that have not been used previously in the district’s schools.
 1929  The district school superintendent must keep adequate records
 1930  and accounts for all financial transactions for funds collected
 1931  pursuant to subsection (3), as a component of the educational
 1932  service delivery scope in a school district best financial
 1933  management practices review under s. 1008.35.
 1934         Section 61. Subsection (2) of section 1006.31, Florida
 1935  Statutes, is amended to read:
 1936         1006.31 Duties of the Department of Education and school
 1937  district instructional materials reviewer.—The duties of the
 1938  instructional materials reviewer are:
 1939         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use evaluate
 1940  carefully all instructional materials submitted, in order to
 1941  ascertain which instructional materials, if any, submitted for
 1942  consideration implement the selection criteria listed in s.
 1943  1006.34(2)(b) developed by the department and recommend for
 1944  adoption only those instructional materials aligned with the
 1945  Next Generation Sunshine State those curricular objectives
 1946  included within applicable performance Standards provided for in
 1947  s. 1003.41 1001.03(1).
 1948         (a) When recommending instructional materials for use in
 1949  the schools, each reviewer shall include only instructional
 1950  materials that accurately portray the ethnic, socioeconomic,
 1951  cultural, and racial diversity of our society, including men and
 1952  women in professional, career, and executive roles, and the role
 1953  and contributions of the entrepreneur and labor in the total
 1954  development of this state and the United States.
 1955         (b) When recommending instructional materials for use in
 1956  the schools, each reviewer shall include only materials that
 1957  accurately portray, whenever appropriate, humankind’s place in
 1958  ecological systems, including the necessity for the protection
 1959  of our environment and conservation of our natural resources and
 1960  the effects on the human system of the use of tobacco, alcohol,
 1961  controlled substances, and other dangerous substances.
 1962         (c) When recommending instructional materials for use in
 1963  the schools, each reviewer shall require such materials as he or
 1964  she deems necessary and proper to encourage thrift, fire
 1965  prevention, and humane treatment of people and animals.
 1966         (d) When recommending instructional materials for use in
 1967  the schools, each reviewer shall require, when appropriate to
 1968  the comprehension of students, that materials for social
 1969  science, history, or civics classes contain the Declaration of
 1970  Independence and the Constitution of the United States. A
 1971  reviewer may not recommend any instructional materials for use
 1972  in the schools which contain any matter reflecting unfairly upon
 1973  persons because of their race, color, creed, national origin,
 1974  ancestry, gender, or occupation.
 1975         (e) Any instructional material recommended by each reviewer
 1976  for use in the schools shall be, to the satisfaction of each
 1977  reviewer, accurate, objective, and current and suited to the
 1978  needs and comprehension of students at their respective grade
 1979  levels. Reviewers shall consider for adoption materials
 1980  developed for academically talented students such as those
 1981  enrolled in advanced placement courses.
 1982         Section 62. Paragraph (b) of subsection (2) of section
 1983  1006.34, Florida Statutes, is amended to read:
 1984         1006.34 Powers and duties of the commissioner and the
 1985  department in selecting and adopting instructional materials.—
 1986         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 1987         (b) In the selection of instructional materials, library
 1988  media, and other reading material used in the public school
 1989  system, the standards used to determine the propriety of the
 1990  material shall include:
 1991         1. The age of the students who normally could be expected
 1992  to have access to the material.
 1993         2. The educational purpose to be served by the material. In
 1994  considering instructional materials for classroom use, Priority
 1995  shall be given to the selection of materials that align with the
 1996  Next Generation Sunshine State Standards as provided for in s.
 1997  1003.41 which encompass the state and district school board
 1998  performance standards provided for in s. 1001.03(1) and which
 1999  include the instructional objectives contained within the
 2000  curriculum frameworks for career and technical education and
 2001  adult and adult general education adopted approved by rule of
 2002  the State Board of Education under s. 1004.92.
 2003         3. The degree to which the material would be supplemented
 2004  and explained by mature classroom instruction as part of a
 2005  normal classroom instructional program.
 2006         4. The consideration of the broad racial, ethnic,
 2007  socioeconomic, and cultural diversity of the students of this
 2008  state.
 2009  
 2010  Any instructional material containing pornography or otherwise
 2011  prohibited by s. 847.012 may not be used or made available
 2012  within any public school.
 2013         Section 63. Subsection (2) and paragraph (a) of subsection
 2014  (3) of section 1006.40, Florida Statutes, are amended, and
 2015  subsection (8) is added to that section, to read:
 2016         1006.40 Use of instructional materials allocation;
 2017  instructional materials, library books, and reference books;
 2018  repair of books.—
 2019         (2) Each district school board must purchase current
 2020  instructional materials to provide each student with a major
 2021  tool of instruction in core courses of the subject areas of
 2022  mathematics, language arts, science, social studies, reading,
 2023  and literature for kindergarten through grade 12. Such purchase
 2024  must be made within the first 3 years after the effective date
 2025  of the adoption cycle unless a district school board or a
 2026  consortium of school districts has implemented an instructional
 2027  materials program pursuant to s. 1006.283. For the 2012-2013
 2028  mathematics adoption, a district using a comprehensive
 2029  mathematics instructional materials program adopted in the 2009
 2030  2010 adoption shall be deemed in compliance with this subsection
 2031  if it provides each student with such additional state-adopted
 2032  materials as may be necessary to align the previously adopted
 2033  comprehensive program to common core standards and the other
 2034  criteria of the 2012-2013 mathematics adoption.
 2035         (3)(a) Beginning with By the 2015-2016 fiscal year, each
 2036  district school board shall use at least 50 percent of the
 2037  annual allocation for the purchase of digital or electronic
 2038  instructional materials that align with state standards included
 2039  on the state-adopted list, except as otherwise authorized in
 2040  paragraphs (b) and (c). This section does not apply to a
 2041  district school board or a consortium of school districts which
 2042  implements an instructional materials program pursuant to s.
 2043  1006.283, except that by the 2015-2016 fiscal year, each
 2044  district school board shall use at least 50 percent of the
 2045  annual allocation for the purchase of digital or electronic
 2046  instructional materials that align with state standards.
 2047         (8) Subsections (3), (4), and (6) do not apply to a
 2048  district school board or a consortium of school districts that
 2049  implements an instructional materials program pursuant to s.
 2050  1006.283 except that, by the 2015-2016 fiscal year, each
 2051  district school board shall use at least 50 percent of the
 2052  annual instructional materials allocation for the purchase of
 2053  digital or electronic instructional materials that align with
 2054  state standards adopted by the State Board of Education pursuant
 2055  to s. 1003.41.
 2056         Section 64. Section 1006.42, Florida Statutes, is amended
 2057  to read:
 2058         1006.42 Responsibility of students and parents for
 2059  instructional materials.—
 2060         (1) All instructional materials purchased under the
 2061  provisions of this part are the property of the district school
 2062  board. When distributed to the students, these instructional
 2063  materials are on loan to the students while they are pursuing
 2064  their courses of study and are to be returned at the direction
 2065  of the school principal or the teacher in charge. Each parent of
 2066  a student to whom or for whom instructional materials have been
 2067  issued, is liable for any loss or destruction of, or unnecessary
 2068  damage to, the instructional materials or for failure of the
 2069  student to return the instructional materials when directed by
 2070  the school principal or the teacher in charge, and shall pay for
 2071  such loss, destruction, or unnecessary damage as provided under
 2072  s. 1006.28(3) by law.
 2073         (2) Nothing in this part shall be construed to prohibit
 2074  parents from exercising their right to purchase instructional
 2075  materials from the district school board.
 2076         Section 65. Section 1007.02, Florida Statutes, is amended
 2077  to read:
 2078         1007.02 Access to postsecondary education and meaningful
 2079  careers for Students with disabilities; popular name;
 2080  definition.—
 2081         (1) This section shall be known by the popular name the
 2082  “Enhanced New Needed Opportunity for Better Life and Education
 2083  for Students with Disabilities (ENNOBLES) Act.”
 2084         (2) For the purposes of this chapter act, the term “student
 2085  with a disability” means a any student who is documented as
 2086  having an intellectual disability; a hearing impairment,
 2087  including deafness; a speech or language impairment; a visual
 2088  impairment, including blindness; an emotional or behavioral
 2089  disability; an orthopedic or other health impairment; an autism
 2090  spectrum disorder; a traumatic brain injury; or a specific
 2091  learning disability, including, but not limited to, dyslexia,
 2092  dyscalculia, or developmental aphasia.
 2093         Section 66. Paragraph (a) of subsection (1) and subsection
 2094  (3) of section 1007.2615, Florida Statutes, are amended to read:
 2095         1007.2615 American Sign Language; findings; foreign
 2096  language credits authorized; teacher licensing.—
 2097         (1) LEGISLATIVE FINDINGS; PURPOSE.—
 2098         (a) The Legislature finds that:
 2099         1. American Sign Language (ASL) is a fully developed
 2100  visual-gestural language with distinct grammar, syntax, and
 2101  symbols and is one of hundreds of signed languages of the world.
 2102         2. ASL is recognized as the language of the American deaf
 2103  community and is the fourth most commonly used language in the
 2104  United States and Canada.
 2105         3. The American deaf community is a group of citizens who
 2106  are members of a unique culture who share ASL as their common
 2107  language.
 2108         4. Thirty-three state legislatures have adopted legislation
 2109  recognizing ASL as a language that should be taught in schools.
 2110         (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
 2111  EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
 2112  FOR POSTSECONDARY EDUCATION PROVIDERS.—
 2113         (a) The Commissioner of Education shall appoint a seven
 2114  member task force that includes representatives from two state
 2115  universities and one private college or university located
 2116  within this state which currently offer a 4-year deaf education
 2117  or sign language interpretation program as a part of their
 2118  respective curricula, two representatives from the Florida
 2119  American Sign Language Teachers’ Association (FASLTA), and two
 2120  representatives from Florida College System institutions located
 2121  within this state which have established Interpreter Training
 2122  Programs (ITPs). This task force shall develop and submit to the
 2123  Commissioner of Education a report that contains the most up-to
 2124  date information about American Sign Language (ASL) and
 2125  guidelines for developing and maintaining ASL courses as a part
 2126  of the curriculum. This information must be made available to
 2127  any administrator of a public or an independent school upon
 2128  request of the administrator.
 2129         (a)(b) By January 1, 2005, The State Board of Education
 2130  shall adopt rules establishing licensing/certification standards
 2131  to be applied to teachers who teach American Sign Language (ASL)
 2132  ASL as part of a school curriculum. In developing the rules, the
 2133  state board shall consult with the task force established under
 2134  paragraph (a).
 2135         (b)(c) An ASL teacher must be certified by the Department
 2136  of Education by July 1, 2009.
 2137         (c)(d) The Commissioner of Education shall work with
 2138  providers of postsecondary education, except for state
 2139  universities, to develop and implement a plan to ensure that
 2140  these institutions in this state will accept secondary school
 2141  credits in ASL as credits in a foreign language and to encourage
 2142  postsecondary institutions to offer ASL courses to students as a
 2143  fulfillment of the requirement for studying a foreign language.
 2144         Section 67. Subsection (4) of section 1007.263, Florida
 2145  Statutes, is amended to read:
 2146         1007.263 Florida College System institutions; admissions of
 2147  students.—Each Florida College System institution board of
 2148  trustees is authorized to adopt rules governing admissions of
 2149  students subject to this section and rules of the State Board of
 2150  Education. These rules shall include the following:
 2151         (4) A student who has been awarded a special diploma under
 2152  as defined in s. 1003.438 or a certificate of completion under
 2153  as defined in s. 1003.4282 1003.428(7)(b) is eligible to enroll
 2154  in certificate career education programs.
 2155  
 2156  Each board of trustees shall establish policies that notify
 2157  students about developmental education options for improving
 2158  their communication or computation skills that are essential to
 2159  performing college-level work, including tutoring, extended time
 2160  in gateway courses, free online courses, adult basic education,
 2161  adult secondary education, or private provider instruction.
 2162         Section 68. Subsection (1) of section 1007.264, Florida
 2163  Statutes, is amended to read:
 2164         1007.264 Persons with disabilities; admission to
 2165  postsecondary educational institutions; substitute requirements;
 2166  rules and regulations.—
 2167         (1) A Any student with a disability, as defined in s.
 2168  1007.02(2), who is otherwise eligible shall be eligible for
 2169  reasonable substitution for any requirement for admission into a
 2170  public postsecondary educational institution where documentation
 2171  can be provided that the person’s failure to meet the admission
 2172  requirement is related to the disability.
 2173         Section 69. Subsection (1) of section 1007.265, Florida
 2174  Statutes, is amended to read:
 2175         1007.265 Persons with disabilities; graduation, study
 2176  program admission, and upper-division entry; substitute
 2177  requirements; rules and regulations.—
 2178         (1) A Any student with a disability, as defined in s.
 2179  1007.02(2), in a public postsecondary educational institution
 2180  shall be eligible for reasonable substitution for any
 2181  requirement for graduation, for admission into a program of
 2182  study, or for entry into the upper division where documentation
 2183  can be provided that the person’s failure to meet the
 2184  requirement is related to the disability and where failure to
 2185  meet the graduation requirement or program admission requirement
 2186  does not constitute a fundamental alteration in the nature of
 2187  the program.
 2188         Section 70. Subsections (2) and (9) of section 1007.271,
 2189  Florida Statutes, are amended to read:
 2190         1007.271 Dual enrollment programs.—
 2191         (2) For the purpose of this section, an eligible secondary
 2192  student is a student who is enrolled in any of grades 6 through
 2193  12 in a Florida public secondary school or in a Florida private
 2194  secondary school that which is in compliance with s. 1002.42(2)
 2195  and provides a secondary curriculum pursuant to s. 1003.428 or
 2196  s. 1003.4282. Students who are eligible for dual enrollment
 2197  pursuant to this section may enroll in dual enrollment courses
 2198  conducted during school hours, after school hours, and during
 2199  the summer term. However, if the student is projected to
 2200  graduate from high school before the scheduled completion date
 2201  of a postsecondary course, the student may not register for that
 2202  course through dual enrollment. The student may apply to the
 2203  postsecondary institution and pay the required registration,
 2204  tuition, and fees if the student meets the postsecondary
 2205  institution’s admissions requirements under s. 1007.263.
 2206  Instructional time for dual enrollment may vary from 900 hours;
 2207  however, the full-time equivalent student membership value shall
 2208  be subject to the provisions in s. 1011.61(4). A Any student
 2209  enrolled as a dual enrollment student is exempt from the payment
 2210  of registration, tuition, and laboratory fees. Applied academics
 2211  for adult education instruction, developmental education, and
 2212  other forms of precollegiate instruction, as well as physical
 2213  education courses that focus on the physical execution of a
 2214  skill rather than the intellectual attributes of the activity,
 2215  are ineligible for inclusion in the dual enrollment program.
 2216  Recreation and leisure studies courses shall be evaluated
 2217  individually in the same manner as physical education courses
 2218  for potential inclusion in the program.
 2219         (9) The Commissioner of Education shall appoint faculty
 2220  committees representing public school, Florida College System
 2221  institution, and university faculties to identify postsecondary
 2222  courses that meet the high school graduation requirements of s.
 2223  1003.428 or s. 1003.4282 and to establish the number of
 2224  postsecondary semester credit hours of instruction and
 2225  equivalent high school credits earned through dual enrollment
 2226  pursuant to this section that are necessary to meet high school
 2227  graduation requirements. Such equivalencies shall be determined
 2228  solely on comparable course content and not on seat time
 2229  traditionally allocated to such courses in high school. The
 2230  Commissioner of Education shall recommend to the State Board of
 2231  Education those postsecondary courses identified to meet high
 2232  school graduation requirements, based on mastery of course
 2233  outcomes, by their course numbers, and all high schools shall
 2234  accept these postsecondary education courses toward meeting the
 2235  requirements of s. 1003.428 or s. 1003.4282.
 2236         Section 71. Subsections (3), (7), and (8) of section
 2237  1008.22, Florida Statutes, are amended to read:
 2238         1008.22 Student assessment program for public schools.—
 2239         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 2240  Commissioner of Education shall design and implement a
 2241  statewide, standardized assessment program aligned to the core
 2242  curricular content established in the Next Generation Sunshine
 2243  State Standards. The commissioner also must develop or select
 2244  and implement a common battery of assessment tools that will be
 2245  used in all juvenile justice education programs in the state.
 2246  These tools must accurately measure the core curricular content
 2247  established in the Next Generation Sunshine State Standards.
 2248  Participation in the assessment program is mandatory for all
 2249  school districts and all students attending public schools,
 2250  including adult students seeking a standard an adult high school
 2251  diploma under s. 1003.4282 and students in Department of
 2252  Juvenile Justice education programs, except as otherwise
 2253  provided by law prescribed by the commissioner. If a student
 2254  does not participate in the assessment program, the school
 2255  district must notify the student’s parent and provide the parent
 2256  with information regarding the implications of such
 2257  nonparticipation. The statewide, standardized assessment program
 2258  shall be designed and implemented as follows:
 2259         (a) Statewide, standardized comprehensive assessments
 2260  Florida Comprehensive Assessment Test (FCAT) until replaced by
 2261  common core assessments.The statewide, standardized FCAT
 2262  Reading assessment shall be administered annually in grades 3
 2263  through 10. The statewide, standardized Writing assessment shall
 2264  be administered annually at least once at the elementary,
 2265  middle, and high school levels. When the Reading and Writing
 2266  assessments are replaced by English Language Arts (ELA)
 2267  assessments, ELA assessments shall be administered to students
 2268  in grades 3 through 11. Retake opportunities for the grade 10
 2269  Reading assessment or, upon implementation, the grade 10 ELA
 2270  assessment must be provided. Students taking the ELA assessments
 2271  shall not take the statewide, standardized assessments in
 2272  Reading or Writing. ELA assessments shall be administered
 2273  online. The statewide, standardized; FCAT Mathematics
 2274  assessments shall be administered annually in grades 3 through
 2275  8. Students taking a revised Mathematics assessment shall not
 2276  take the discontinued assessment. The statewide, standardized;
 2277  FCAT Writing shall be administered annually at least once at the
 2278  elementary, middle, and high school levels; and FCAT Science
 2279  assessment shall be administered annually at least once at the
 2280  elementary and middle grades levels. In order to earn a standard
 2281  high school diploma, a student who has not earned a passing
 2282  score on the grade 10 FCAT Reading assessment or, upon
 2283  implementation, the grade 10 ELA assessment must earn a passing
 2284  score on the assessment retake or earn a concordant score as
 2285  authorized under subsection (7) must participate in each retake
 2286  of the assessment until the student earns a passing score. The
 2287  commissioner shall recommend and the State Board of Education
 2288  must adopt a score on both the SAT and ACT that is concordant to
 2289  a passing score on grade 10 FCAT Reading that, if achieved by a
 2290  student, meets the must-pass requirement for grade 10 FCAT
 2291  Reading.
 2292         (b) End-of-course (EOC) assessments.—EOC assessments must
 2293  be statewide, standardized, and developed or approved by the
 2294  Department of Education as follows:
 2295         1. Statewide, standardized EOC assessments in mathematics
 2296  shall be administered according to this subparagraph. Beginning
 2297  with the 2010-2011 school year, all students enrolled in Algebra
 2298  I must take the Algebra I EOC assessment. Except as otherwise
 2299  provided in paragraph (c) this section, beginning with students
 2300  entering grade 9 in the 2011-2012 school year, a student who is
 2301  enrolled in Algebra I must earn a passing score on the Algebra I
 2302  EOC assessment or attain a comparative score as authorized under
 2303  subsection (8) in order to earn a standard high school diploma.
 2304  In order to earn a standard high school diploma, a student who
 2305  has not earned a passing score on the Algebra I EOC assessment
 2306  must earn a passing score on the assessment retake or a
 2307  comparative score as authorized under subsection (8) must
 2308  participate in each retake of the assessment until the student
 2309  earns a passing score. Beginning with the 2011-2012 school year,
 2310  all students enrolled in Geometry must take the Geometry EOC
 2311  assessment. Middle grades students enrolled in Algebra I, or
 2312  Geometry, or Biology I must take the statewide, standardized EOC
 2313  assessment for those courses and shall are not required to take
 2314  the corresponding subject and grade-level statewide,
 2315  standardized assessment FCAT. When a statewide, standardized EOC
 2316  assessment in Algebra II is administered, all students enrolled
 2317  in Algebra II must take the EOC assessment. Pursuant to the
 2318  commissioner’s implementation schedule, student performance on
 2319  the Algebra II EOC assessment constitutes 30 percent of a
 2320  student’s final course grade.
 2321         2. Statewide, standardized EOC assessments in science shall
 2322  be administered according to this subparagraph. Beginning with
 2323  the 2011-2012 school year, all students enrolled in Biology I
 2324  must take the Biology I EOC assessment. Beginning with students
 2325  entering grade 9 in the 2013-2014 school year, performance on
 2326  the Biology I EOC assessment constitutes 30 percent of the
 2327  student’s final course grade.
 2328         3. During the 2012-2013 school year, an EOC assessment in
 2329  civics education shall be administered as a field test at the
 2330  middle grades level. Beginning with the 2013-2014 school year,
 2331  each student’s performance on the statewide, standardized middle
 2332  grades Civics EOC assessment in civics education constitutes 30
 2333  percent of the student’s final course grade in civics education.
 2334         4. The commissioner may select one or more nationally
 2335  developed comprehensive examinations, which may include
 2336  examinations for a College Board Advanced Placement course,
 2337  International Baccalaureate course, or Advanced International
 2338  Certificate of Education course, or industry-approved
 2339  examinations to earn national industry certifications identified
 2340  in the Industry Certification Funding List, for use as EOC
 2341  assessments under this paragraph if the commissioner determines
 2342  that the content knowledge and skills assessed by the
 2343  examinations meet or exceed the grade-level expectations for the
 2344  core curricular content established for the course in the Next
 2345  Generation Sunshine State Standards. Use of any such examination
 2346  as an EOC assessment must be approved by the state board in
 2347  rule.
 2348         5. Contingent upon funding provided in the General
 2349  Appropriations Act, including the appropriation of funds
 2350  received through federal grants, the commissioner may establish
 2351  an implementation schedule for the development and
 2352  administration of additional statewide, standardized EOC
 2353  assessments that must be approved by the state board, in rule.
 2354  If approved by the state board, student performance on such
 2355  assessments constitutes 30 percent of a student’s final course
 2356  grade.
 2357         6. All statewide, standardized EOC assessments must be
 2358  administered online except as otherwise provided in paragraph
 2359  (c).
 2360         (c) Students with disabilities; Florida Alternate
 2361  Assessment.—
 2362         1. Each district school board must provide instruction to
 2363  prepare students with disabilities in the core content knowledge
 2364  and skills necessary for successful grade-to-grade progression
 2365  and high school graduation.
 2366         2. A student with a disability, as defined in s. 1007.02
 2367  1007.02(2), for whom the individual education plan (IEP) team
 2368  determines that the statewide, standardized assessments under
 2369  this section cannot accurately measure the student’s abilities,
 2370  taking into consideration all allowable accommodations, shall
 2371  have assessment results waived for the purpose of receiving a
 2372  course grade and a standard high school diploma. Such waiver
 2373  shall be designated on the student’s transcript. The statement
 2374  of waiver shall be limited to a statement that performance on an
 2375  assessment was waived for the purpose of receiving a course
 2376  grade or a standard high school diploma, as applicable.
 2377         3. The State Board of Education shall adopt rules, based
 2378  upon recommendations of the commissioner, for the provision of
 2379  assessment accommodations for students with disabilities and for
 2380  students who have limited English proficiency.
 2381         a. Accommodations that negate the validity of a statewide,
 2382  standardized assessment are not allowed during the
 2383  administration of the assessment. However, instructional
 2384  accommodations are allowed in the classroom if identified in a
 2385  student’s IEP. Students using instructional accommodations in
 2386  the classroom that are not allowed on a statewide, standardized
 2387  assessment may have assessment results waived if the IEP team
 2388  determines that the assessment cannot accurately measure the
 2389  student’s abilities.
 2390         b. If a student is provided with instructional
 2391  accommodations in the classroom that are not allowed as
 2392  accommodations for statewide, standardized assessments, the
 2393  district must inform the parent in writing and provide the
 2394  parent with information regarding the impact on the student’s
 2395  ability to meet expected performance levels. A parent must
 2396  provide signed consent for a student to receive classroom
 2397  instructional accommodations that would not be available or
 2398  permitted on a statewide, standardized assessment and
 2399  acknowledge in writing that he or she understands the
 2400  implications of such instructional accommodations.
 2401         c. If a student’s IEP states that online administration of
 2402  a statewide, standardized assessment will significantly impair
 2403  the student’s ability to perform, the assessment shall be
 2404  administered in hard copy.
 2405         4. For students with significant cognitive disabilities,
 2406  the Department of Education shall provide for implementation of
 2407  the Florida Alternate Assessment to accurately measure the core
 2408  curricular content established in the Next Generation Sunshine
 2409  State Standards.
 2410         (d) Implementation schedule Common core assessments in
 2411  English Language Arts (ELA) and mathematics.—
 2412         1. Contingent upon funding, common core assessments in ELA
 2413  shall be administered to students in grades 3 through 11. Retake
 2414  opportunities for the grade 10 assessment must be provided.
 2415  Students taking the ELA assessments are not required to take the
 2416  assessments in FCAT Reading or FCAT Writing. Common core ELA
 2417  assessments shall be administered online.
 2418         2. Contingent upon funding, common core assessments in
 2419  mathematics shall be administered to all students in grades 3
 2420  through 8, and common core assessments in Algebra I, Geometry,
 2421  and Algebra II shall be administered to students enrolled in
 2422  those courses. Retake opportunities must be provided for the
 2423  Algebra I assessment. Students may take the common core
 2424  mathematics assessments pursuant to the Credit Acceleration
 2425  Program (CAP) under s. 1003.4295(3). Students taking common core
 2426  assessments in mathematics are not required to take FCAT
 2427  Mathematics or statewide, standardized EOC assessments in
 2428  mathematics. Common core mathematics assessments shall be
 2429  administered online.
 2430         1.3. The Commissioner State Board of Education shall
 2431  establish and publish on the department’s website adopt rules
 2432  establishing an implementation schedule to transition from the
 2433  statewide, standardized FCAT Reading and, FCAT Writing
 2434  assessments to the ELA assessments and to the revised, FCAT
 2435  Mathematics assessments, including the, and Algebra I and
 2436  Geometry EOC assessments to common core assessments in English
 2437  Language Arts and mathematics. The schedule must take into
 2438  consideration funding, sufficient field and baseline data,
 2439  access to assessments, instructional alignment, and school
 2440  district readiness to administer the common core assessments
 2441  online. Until the 10th grade common core ELA and Algebra I
 2442  assessments become must-pass assessments, students must pass
 2443  10th grade FCAT Reading and the Algebra I EOC assessment, or
 2444  achieve a concordant or comparative score as authorized under
 2445  this section, in order to earn a standard high school diploma
 2446  under s. 1003.4282. Students taking 10th grade FCAT Reading or
 2447  the Algebra I EOC assessment are not required to take the
 2448  respective common core assessments.
 2449         2.4. The Department of Education shall publish minimum and
 2450  recommended technology requirements that include specifications
 2451  for hardware, software, networking, security, and broadband
 2452  capacity to facilitate school district compliance with the
 2453  requirement that common core assessments be administered online.
 2454         (e) Assessment scores and achievement levels.—
 2455         1. All statewide, standardized EOC assessments and FCAT
 2456  Reading, FCAT Writing, and FCAT Science assessments shall use
 2457  scaled scores and achievement levels. Achievement levels shall
 2458  range from 1 through 5, with level 1 being the lowest
 2459  achievement level, level 5 being the highest achievement level,
 2460  and level 3 indicating satisfactory performance on an
 2461  assessment. For purposes of the statewide, standardized FCAT
 2462  Writing assessment, student achievement shall be scored using a
 2463  scale of 1 through 6.
 2464         2. The state board shall designate by rule a passing score
 2465  for each statewide, standardized EOC and FCAT assessment. In
 2466  addition, the state board shall designate a score for each
 2467  statewide, standardized EOC assessment that indicates that a
 2468  student is high achieving and has the potential to meet college
 2469  readiness standards by the time the student graduates from high
 2470  school.
 2471         3. If the commissioner seeks to revise a statewide,
 2472  standardized assessment and the revisions require the state
 2473  board to modify performance level scores, including the passing
 2474  score, the commissioner shall provide a copy of the proposed
 2475  scores and implementation plan to the President of the Senate
 2476  and the Speaker of the House of Representatives at least 90 days
 2477  before submission to the state board for review. Until the state
 2478  board adopts the modifications by rule, the commissioner shall
 2479  use calculations for scoring the assessment that adjust student
 2480  scores on the revised assessment for statistical equivalence to
 2481  student scores on the former assessment. The state board shall
 2482  adopt by rule the passing score for the revised assessment that
 2483  is statistically equivalent to the passing score on the
 2484  discontinued assessment for a student who is required to attain
 2485  a passing score on the discontinued assessment. The commissioner
 2486  may, with approval of the state board, discontinue
 2487  administration of the former assessment upon the graduation,
 2488  based on normal student progression, of students participating
 2489  in the final regular administration of the former assessment. If
 2490  the commissioner revises a statewide, standardized assessment
 2491  and the revisions require the state board to modify the passing
 2492  score, only students taking the assessment for the first time
 2493  after the rule is adopted are affected.
 2494         (f) Assessment schedules and reporting of results.—The
 2495  Commissioner of Education shall establish schedules for the
 2496  administration of assessments and the reporting of student
 2497  assessment results. The commissioner shall consider the
 2498  observance of religious and school holidays when developing the
 2499  schedule. By August 1 of each year, the commissioner shall
 2500  notify each school district in writing and publish on the
 2501  department’s website the assessment and reporting schedules for,
 2502  at a minimum, the school year following the upcoming school
 2503  year. The assessment and reporting schedules must provide the
 2504  earliest possible reporting of student assessment results to the
 2505  school districts. Assessment results for the statewide,
 2506  standardized FCAT Reading assessments, or upon implementation
 2507  the ELA assessments, and FCAT Mathematics assessments, including
 2508  the EOC assessments in Algebra I and Geometry, must be made
 2509  available no later than the week of June 8. The administration
 2510  of the statewide, standardized FCAT Writing assessment and the
 2511  Florida Alternate Assessment may be no earlier than the week of
 2512  March 1. School districts shall administer assessments in
 2513  accordance with the schedule established by the commissioner.
 2514         (g) Prohibited activities.—A district school board shall
 2515  prohibit each public school from suspending a regular program of
 2516  curricula for purposes of administering practice assessments or
 2517  engaging in other assessment-preparation activities for a
 2518  statewide, standardized assessment. However, a district school
 2519  board may authorize a public school to engage in the following
 2520  assessment-preparation activities:
 2521         1. Distributing to students sample assessment books and
 2522  answer keys published by the Department of Education.
 2523         2. Providing individualized instruction in assessment
 2524  taking strategies, without suspending the school’s regular
 2525  program of curricula, for a student who scores Level 1 or Level
 2526  2 on a prior administration of an assessment.
 2527         3. Providing individualized instruction in the content
 2528  knowledge and skills assessed, without suspending the school’s
 2529  regular program of curricula, for a student who scores Level 1
 2530  or Level 2 on a prior administration of an assessment or a
 2531  student who, through a diagnostic assessment administered by the
 2532  school district, is identified as having a deficiency in the
 2533  content knowledge and skills assessed.
 2534         4. Administering a practice assessment or engaging in other
 2535  assessment-preparation activities that are determined necessary
 2536  to familiarize students with the organization of the assessment,
 2537  the format of assessment items, and the assessment directions or
 2538  that are otherwise necessary for the valid and reliable
 2539  administration of the assessment, as set forth in rules adopted
 2540  by the State Board of Education with specific reference to this
 2541  paragraph.
 2542         (h) Contracts for assessments.—The commissioner shall
 2543  provide for the assessments to be developed or obtained, as
 2544  appropriate, through contracts and project agreements with
 2545  private vendors, public vendors, public agencies, postsecondary
 2546  educational institutions, or school districts. The commissioner
 2547  may enter into contracts for the continued administration of the
 2548  assessments authorized and funded by the Legislature. Contracts
 2549  may be initiated in 1 fiscal year and continue into the next
 2550  fiscal year and may be paid from the appropriations of either or
 2551  both fiscal years. The commissioner may negotiate for the sale
 2552  or lease of tests, scoring protocols, test scoring services, and
 2553  related materials developed pursuant to law.
 2554         (7) CONCORDANT SCORES FOR 10TH GRADE FCAT READING.—Until
 2555  the state transitions to common core English Language Arts
 2556  assessments, The Commissioner of Education must identify scores
 2557  on the SAT and ACT that if achieved satisfy the graduation
 2558  requirement that a student pass the grade 10 statewide,
 2559  standardized 10th grade FCAT Reading assessment or, upon
 2560  implementation, the grade 10 ELA assessment. The commissioner
 2561  may identify concordant scores on other assessments other than
 2562  the SAT and ACT as well. If the content or scoring procedures
 2563  change for the grade 10 Reading assessment or, upon
 2564  implementation, the grade 10 ELA assessment 10th grade FCAT
 2565  Reading, new concordant scores must be determined. If new
 2566  concordant scores are not timely adopted, the last-adopted
 2567  concordant scores remain in effect until such time as new scores
 2568  are adopted. The state board shall adopt concordant scores in
 2569  rule.
 2570         (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC) ASSESSMENT
 2571  ASSESSMENTS.—The Commissioner of Education must identify one or
 2572  more comparative scores for the Algebra I EOC assessment and may
 2573  identify comparative scores for the other EOC assessments. If
 2574  the content or scoring procedures change for the EOC assessment
 2575  assessments, new comparative scores must be determined. If new
 2576  comparative scores are not timely adopted, the last-adopted
 2577  comparative scores remain in effect until such time as new
 2578  scores are adopted. The state board shall adopt comparative
 2579  scores in rule.
 2580         Section 72. Paragraph (h) of subsection (2), paragraph (a)
 2581  of subsection (4), paragraph (b) of subsection (6), and
 2582  paragraph (b) of subsection (7) of section 1008.25, Florida
 2583  Statutes, are amended to read:
 2584         1008.25 Public school student progression; remedial
 2585  instruction; reporting requirements.—
 2586         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
 2587  school board shall establish a comprehensive plan for student
 2588  progression which must:
 2589         (h) Provide instructional sequences by which students in
 2590  kindergarten through high school may attain progressively higher
 2591  levels of skill in the use of digital tools and applications.
 2592  The instructional sequences must include participation in
 2593  curricular and instructional options and the demonstration of
 2594  competence of standards required pursuant to ss. 1003.41 and
 2595  1003.4203 through attainment of industry certifications and
 2596  other means of demonstrating credit requirements identified
 2597  under ss. 1002.3105, 1003.4203, 1003.428, and 1003.4282.
 2598         (4) ASSESSMENT AND REMEDIATION.—
 2599         (a) Each student must participate in the statewide,
 2600  standardized assessment program required by s. 1008.22. Each
 2601  student who does not meet specific levels of performance on the
 2602  required assessments as determined by the district school board
 2603  or who scores below Level 3 on the statewide, standardized
 2604  Reading assessment or, upon implementation, the English Language
 2605  Arts assessment or on the statewide, standardized Mathematics
 2606  assessments in grades 3 through 8 and the Algebra I EOC
 2607  assessment FCAT Reading or FCAT Mathematics or on the common
 2608  core English Language Arts or mathematics assessments as
 2609  applicable under s. 1008.22 must be provided with additional
 2610  diagnostic assessments to determine the nature of the student’s
 2611  difficulty, the areas of academic need, and strategies for
 2612  appropriate intervention and instruction as described in
 2613  paragraph (b).
 2614         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2615         (b) The district school board may only exempt students from
 2616  mandatory retention, as provided in paragraph (5)(b), for good
 2617  cause. Good cause exemptions shall be limited to the following:
 2618         1. Limited English proficient students who have had less
 2619  than 2 years of instruction in an English for Speakers of Other
 2620  Languages program.
 2621         2. Students with disabilities whose individual education
 2622  plan indicates that participation in the statewide assessment
 2623  program is not appropriate, consistent with the requirements of
 2624  s. 1008.212 State Board of Education rule.
 2625         3. Students who demonstrate an acceptable level of
 2626  performance on an alternative standardized reading or English
 2627  Language Arts assessment approved by the State Board of
 2628  Education.
 2629         4. A student who demonstrates through a student portfolio
 2630  that he or she is performing at least at Level 2 on the
 2631  statewide, standardized FCAT Reading assessment or, upon
 2632  implementation, the common core English Language Arts
 2633  assessment, as applicable under s. 1008.22.
 2634         5. Students with disabilities who take the statewide,
 2635  standardized participate in FCAT Reading assessment or, upon
 2636  implementation, the common core English Language Arts
 2637  assessment, as applicable under s. 1008.22, and who have an
 2638  individual education plan or a Section 504 plan that reflects
 2639  that the student has received intensive remediation in reading
 2640  or and English Language Arts for more than 2 years but still
 2641  demonstrates a deficiency and was previously retained in
 2642  kindergarten, grade 1, grade 2, or grade 3.
 2643         6. Students who have received intensive remediation in
 2644  reading or and English Language Arts, as applicable under s.
 2645  1008.22, for 2 or more years but still demonstrate a deficiency
 2646  and who were previously retained in kindergarten, grade 1, grade
 2647  2, or grade 3 for a total of 2 years. Intensive instruction for
 2648  students so promoted must include an altered instructional day
 2649  that includes specialized diagnostic information and specific
 2650  reading strategies for each student. The district school board
 2651  shall assist schools and teachers to implement reading
 2652  strategies that research has shown to be successful in improving
 2653  reading among low-performing readers.
 2654         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 2655  STUDENTS.—
 2656         (b) Each school district shall:
 2657         1. Provide third grade students who are retained under the
 2658  provisions of paragraph (5)(b) with intensive instructional
 2659  services and supports to remediate the identified areas of
 2660  reading deficiency, including participation in the school
 2661  district’s summer reading camp as required under paragraph (a)
 2662  and a minimum of 90 minutes of daily, uninterrupted,
 2663  scientifically research-based reading instruction which includes
 2664  phonemic awareness, phonics, fluency, vocabulary, and
 2665  comprehension and other strategies prescribed by the school
 2666  district, which may include, but are not limited to:
 2667         a. Integration of science and social studies content within
 2668  the 90-minute block.
 2669         b. Small group instruction.
 2670         c. Reduced teacher-student ratios.
 2671         d. More frequent progress monitoring.
 2672         e. Tutoring or mentoring.
 2673         f. Transition classes containing 3rd and 4th grade
 2674  students.
 2675         g. Extended school day, week, or year.
 2676         2. Provide written notification to the parent of a any
 2677  student who is retained under the provisions of paragraph (5)(b)
 2678  that his or her child has not met the proficiency level required
 2679  for promotion and the reasons the child is not eligible for a
 2680  good cause exemption as provided in paragraph (6)(b). The
 2681  notification must comply with the provisions of s. 1002.20(15)
 2682  and must include a description of proposed interventions and
 2683  supports that will be provided to the child to remediate the
 2684  identified areas of reading deficiency.
 2685         3. Implement a policy for the midyear promotion of a any
 2686  student retained under the provisions of paragraph (5)(b) who
 2687  can demonstrate that he or she is a successful and independent
 2688  reader and performing at or above grade level in reading or,
 2689  upon implementation of and English Language Arts assessments,
 2690  performing at or above grade level in English Language Arts, as
 2691  applicable under s. 1008.22. Tools that school districts may use
 2692  in reevaluating a any student retained may include subsequent
 2693  assessments, alternative assessments, and portfolio reviews, in
 2694  accordance with rules of the State Board of Education.
 2695         4. Provide students who are retained under the provisions
 2696  of paragraph (5)(b) with a highly effective teacher as
 2697  determined by the teacher’s performance evaluation under s.
 2698  1012.34.
 2699         5. Establish at each school, when applicable, an Intensive
 2700  Acceleration Class for retained grade 3 students who
 2701  subsequently score Level 1 on the required statewide,
 2702  standardized assessment identified in s. 1008.22. The focus of
 2703  the Intensive Acceleration Class shall be to increase a child’s
 2704  reading and English Language Arts skill level at least two grade
 2705  levels in 1 school year. The Intensive Acceleration Class shall:
 2706         a. Be provided to a any student in grade 3 who scores Level
 2707  1 on the statewide, standardized FCAT Reading assessment or,
 2708  upon implementation, the common core English Language Arts
 2709  assessment, as applicable under s. 1008.22, and who was retained
 2710  in grade 3 the prior year because of scoring Level 1.
 2711         b. Have a reduced teacher-student ratio.
 2712         c. Provide uninterrupted reading instruction for the
 2713  majority of student contact time each day and incorporate
 2714  opportunities to master the grade 4 Next Generation Sunshine
 2715  State Standards in other core subject areas.
 2716         d. Use a reading program that is scientifically research
 2717  based and has proven results in accelerating student reading
 2718  achievement within the same school year.
 2719         e. Provide intensive language and vocabulary instruction
 2720  using a scientifically research-based program, including use of
 2721  a speech-language therapist.
 2722         Section 73. Paragraphs (b) and (c) of subsection (4) and
 2723  subsections (5) and (7) of section 1008.33, Florida Statutes,
 2724  are amended to read:
 2725         1008.33 Authority to enforce public school improvement.—
 2726         (4)
 2727         (b) Except as provided in subsection (5), The turnaround
 2728  options available to a school district to address a school that
 2729  earns a grade of “F” are:
 2730         1. Convert the school to a district-managed turnaround
 2731  school;
 2732         2. Reassign students to another school and monitor the
 2733  progress of each reassigned student;
 2734         3. Close the school and reopen the school as one or more
 2735  charter schools, each with a governing board that has a
 2736  demonstrated record of effectiveness;
 2737         4. Contract with an outside entity that has a demonstrated
 2738  record of effectiveness to operate the school; or
 2739         5. Implement a hybrid of turnaround options set forth in
 2740  subparagraphs 1.-4. or other turnaround models that have a
 2741  demonstrated record of effectiveness.
 2742         (c) Except for schools required to implement a turnaround
 2743  option pursuant to subsection (5), A school earning a grade of
 2744  “F” shall have a planning year followed by 2 full school years
 2745  to implement the initial turnaround option selected by the
 2746  school district and approved by the state board. Implementation
 2747  of the turnaround option is no longer required if the school
 2748  improves by at least one letter grade.
 2749         (5) A school that earns a grade of “F” within 2 years after
 2750  raising its grade from a grade of “F” or that earns a grade of
 2751  “F” within 2 years after exiting the lowest-performing category
 2752  under s. 3, chapter 2009-144, Laws of Florida, must implement
 2753  one of the turnaround options in subparagraphs (4)(b)2.-5.
 2754         (7) A school classified in the lowest-performing category
 2755  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
 2756  2012, is not required to continue implementing any turnaround
 2757  option unless the school earns a grade of “F” or a third
 2758  consecutive “D” for the 2011-2012 school year. A school earning
 2759  a grade of “F” or a third consecutive “D” for the 2011-2012
 2760  school year may not restart the number of years it has been low
 2761  performing by virtue of the 2012 amendments to this section.
 2762         Section 74. Section 1008.331, Florida Statutes, is
 2763  repealed.
 2764         Section 75. Subsection (2) of section 1008.3415, Florida
 2765  Statutes, is amended to read:
 2766         1008.3415 School grade or school improvement rating for
 2767  exceptional student education centers.—
 2768         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
 2769  scores and learning gains of a student with a disability who
 2770  attends an exceptional student education center and has not been
 2771  enrolled in or attended a public school other than an
 2772  exceptional student education center for grades K-12 within the
 2773  school district shall not be included in the calculation of the
 2774  home school’s grade if the student is identified as an emergent
 2775  student on the alternate assessment tool described in s.
 2776  1008.22(3)(c) 1008.22(3)(c)13.
 2777         Section 76. Section 1008.35, Florida Statutes, is repealed.
 2778         Section 77. Subsection (3) of section 1009.22, Florida
 2779  Statutes, is amended to read:
 2780         1009.22 Workforce education postsecondary student fees.—
 2781         (3)(a) Except as otherwise provided by law, fees for
 2782  students who are nonresidents for tuition purposes must offset
 2783  the full cost of instruction. Residency of students shall be
 2784  determined as required in s. 1009.21. Fee-nonexempt students
 2785  enrolled in applied academics for adult education instruction
 2786  shall be charged fees equal to the fees charged for adult
 2787  general education programs. Each Florida College System
 2788  institution that conducts developmental education and applied
 2789  academics for adult education instruction in the same class
 2790  section may charge a single fee for both types of instruction.
 2791         (b) Fees for continuing workforce education shall be
 2792  locally determined by the district school board or Florida
 2793  College System institution board of trustees. Expenditures for
 2794  the continuing workforce education program provided by the
 2795  Florida College System institution or school district must be
 2796  fully supported by fees. Enrollments in continuing workforce
 2797  education courses may not be counted for purposes of funding
 2798  full-time equivalent enrollment.
 2799         (c) Effective July 1, 2011, For programs leading to a
 2800  career certificate or an applied technology diploma, the
 2801  standard tuition shall be $2.22 per contact hour for residents
 2802  and nonresidents and the out-of-state fee shall be $6.66 per
 2803  contact hour. For adult general education programs, a block
 2804  tuition of $45 per half year or $30 per term shall be assessed
 2805  for residents and nonresidents, and the out-of-state fee shall
 2806  be $135 per half year or $90 per term. Each district school
 2807  board and Florida College System institution board of trustees
 2808  shall adopt policies and procedures for the collection of and
 2809  accounting for the expenditure of the block tuition. All funds
 2810  received from the block tuition shall be used only for adult
 2811  general education programs. Students enrolled in adult general
 2812  education programs may not be assessed the fees authorized in
 2813  subsection (5), subsection (6), or subsection (7).
 2814         (d) Beginning with the 2008-2009 fiscal year and each year
 2815  thereafter, The tuition and the out-of-state fee per contact
 2816  hour shall increase at the beginning of each fall semester at a
 2817  rate equal to inflation, unless otherwise provided in the
 2818  General Appropriations Act. The Office of Economic and
 2819  Demographic Research shall report the rate of inflation to the
 2820  President of the Senate, the Speaker of the House of
 2821  Representatives, the Governor, and the State Board of Education
 2822  each year prior to March 1. For purposes of this paragraph, the
 2823  rate of inflation shall be defined as the rate of the 12-month
 2824  percentage change in the Consumer Price Index for All Urban
 2825  Consumers, U.S. City Average, All Items, or successor reports as
 2826  reported by the United States Department of Labor, Bureau of
 2827  Labor Statistics, or its successor for December of the previous
 2828  year. In the event the percentage change is negative, the
 2829  tuition and out-of-state fee shall remain at the same level as
 2830  the prior fiscal year.
 2831         (e) Each district school board and each Florida College
 2832  System institution board of trustees may adopt tuition and out
 2833  of-state fees that may vary no more than 5 percent below or and
 2834  5 percent above the combined total of the standard tuition and
 2835  out-of-state fees established in paragraph (c).
 2836         (f) The maximum increase in resident tuition for any school
 2837  district or Florida College System institution during the 2007
 2838  2008 fiscal year shall be 5 percent over the tuition charged
 2839  during the 2006-2007 fiscal year.
 2840         (f)(g) The State Board of Education may adopt, by rule, the
 2841  definitions and procedures that district school boards and
 2842  Florida College System institution boards of trustees shall use
 2843  in the calculation of cost borne by students.
 2844         Section 78. Paragraph (a) of subsection (1) of section
 2845  1009.40, Florida Statutes, is amended to read:
 2846         1009.40 General requirements for student eligibility for
 2847  state financial aid awards and tuition assistance grants.—
 2848         (1)(a) The general requirements for eligibility of students
 2849  for state financial aid awards and tuition assistance grants
 2850  consist of the following:
 2851         1. Achievement of the academic requirements of and
 2852  acceptance at a state university or Florida College System
 2853  institution; a nursing diploma school approved by the Florida
 2854  Board of Nursing; a Florida college or university which is
 2855  accredited by an accrediting agency recognized by the State
 2856  Board of Education; a any Florida institution the credits of
 2857  which are acceptable for transfer to state universities; a any
 2858  career center; or a any private career institution accredited by
 2859  an accrediting agency recognized by the State Board of
 2860  Education.
 2861         2. Residency in this state for no less than 1 year
 2862  preceding the award of aid or a tuition assistance grant for a
 2863  program established pursuant to s. 1009.50, s. 1009.505, s.
 2864  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 2865  1009.62, s. 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s.
 2866  1009.891. Residency in this state must be for purposes other
 2867  than to obtain an education. Resident status for purposes of
 2868  receiving state financial aid awards shall be determined in the
 2869  same manner as resident status for tuition purposes pursuant to
 2870  s. 1009.21.
 2871         3. Submission of certification attesting to the accuracy,
 2872  completeness, and correctness of information provided to
 2873  demonstrate a student’s eligibility to receive state financial
 2874  aid awards or tuition assistance grants. Falsification of such
 2875  information shall result in the denial of a any pending
 2876  application and revocation of an any award or grant currently
 2877  held to the extent that no further payments shall be made.
 2878  Additionally, students who knowingly make false statements in
 2879  order to receive state financial aid awards or tuition
 2880  assistance grants commit a misdemeanor of the second degree
 2881  subject to the provisions of s. 837.06 and shall be required to
 2882  return all state financial aid awards or tuition assistance
 2883  grants wrongfully obtained.
 2884         Section 79. Subsection (1) of section 1009.531, Florida
 2885  Statutes, is amended to read:
 2886         1009.531 Florida Bright Futures Scholarship Program;
 2887  student eligibility requirements for initial awards.—
 2888         (1) Effective January 1, 2008, In order to be eligible for
 2889  an initial award from any of the three types of scholarships
 2890  under the Florida Bright Futures Scholarship Program, a student
 2891  must:
 2892         (a) Be a Florida resident as defined in s. 1009.40 and
 2893  rules of the State Board of Education.
 2894         (b) Earn a standard Florida high school diploma pursuant to
 2895  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
 2896  equivalency diploma its equivalent pursuant to s. 1003.428, s.
 2897  1003.4281, s. 1003.4282, or s. 1003.435 unless:
 2898         1. The student completes a home education program according
 2899  to s. 1002.41; or
 2900         2. The student earns a high school diploma from a non
 2901  Florida school while living with a parent or guardian who is on
 2902  military or public service assignment away from Florida.
 2903         (c) Be accepted by and enroll in an eligible Florida public
 2904  or independent postsecondary education institution.
 2905         (d) Be enrolled for at least 6 semester credit hours or the
 2906  equivalent in quarter hours or clock hours.
 2907         (e) Not have been found guilty of, or entered a plea of
 2908  nolo contendere to, a felony charge, unless the student has been
 2909  granted clemency by the Governor and Cabinet sitting as the
 2910  Executive Office of Clemency.
 2911         (f) Apply for a scholarship from the program by high school
 2912  graduation. However, a student who graduates from high school
 2913  midyear must apply no later than August 31 of the student’s
 2914  graduation year in order to be evaluated for and, if eligible,
 2915  receive an award for the current academic year.
 2916         Section 80. Paragraph (c) of subsection (3) of section
 2917  1009.532, Florida Statutes, is amended to read:
 2918         1009.532 Florida Bright Futures Scholarship Program;
 2919  student eligibility requirements for renewal awards.—
 2920         (3)
 2921         (c) A student who is initially eligible in the 2012-2013
 2922  academic year and thereafter may receive an award for a maximum
 2923  of 100 percent of the number of credit hours required to
 2924  complete an associate degree program, a baccalaureate degree
 2925  program, or a postsecondary career certificate program or, for a
 2926  Florida Gold Seal Vocational Scholars award, may receive an
 2927  award for a maximum of 100 percent of the number of credit hours
 2928  or equivalent clock hours required to complete one of the
 2929  following at a Florida public or nonpublic education institution
 2930  that offers these specific programs: for an applied technology
 2931  diploma program as defined in s. 1004.02(7) 1004.02(8), up to 60
 2932  credit hours or equivalent clock hours; for a technical degree
 2933  education program as defined in s. 1004.02(13) 1004.02(14), up
 2934  to the number of hours required for a specific degree not to
 2935  exceed 72 credit hours or equivalent clock hours; or for a
 2936  career certificate program as defined in s. 1004.02(20)
 2937  1004.02(21), up to the number of hours required for a specific
 2938  certificate not to exceed 72 credit hours or equivalent clock
 2939  hours. A student who transfers from one of these program levels
 2940  to another program level becomes eligible for the higher of the
 2941  two credit hour limits.
 2942         Section 81. Paragraph (c) of subsection (4) of section
 2943  1009.536, Florida Statutes, is amended to read:
 2944         1009.536 Florida Gold Seal Vocational Scholars award.—The
 2945  Florida Gold Seal Vocational Scholars award is created within
 2946  the Florida Bright Futures Scholarship Program to recognize and
 2947  reward academic achievement and career preparation by high
 2948  school students who wish to continue their education.
 2949         (4)
 2950         (c) A student who is initially eligible in the 2012-2013
 2951  academic year and thereafter may earn a Florida Gold Seal
 2952  Vocational Scholarship for a maximum of 100 percent of the
 2953  number of credit hours or equivalent clock hours required to
 2954  complete one of the following at a Florida public or nonpublic
 2955  education institution that offers these specific programs: for
 2956  an applied technology diploma program as defined in s.
 2957  1004.02(7) 1004.02(8), up to 60 credit hours or equivalent clock
 2958  hours; for a technical degree education program as defined in s.
 2959  1004.02(13) 1004.02(14), up to the number of hours required for
 2960  a specific degree not to exceed 72 credit hours or equivalent
 2961  clock hours; or for a career certificate program as defined in
 2962  s. 1004.02(20) 1004.02(21), up to the number of hours required
 2963  for a specific certificate not to exceed 72 credit hours or
 2964  equivalent clock hours.
 2965         Section 82. Section 1009.56, Florida Statutes, is repealed.
 2966         Section 83. Section 1009.69, Florida Statutes, is repealed.
 2967         Section 84. Subsection (1) of section 1009.91, Florida
 2968  Statutes, is amended to read:
 2969         1009.91 Assistance programs and activities of the
 2970  department.—
 2971         (1) The department may contract for the administration of
 2972  the student financial assistance programs as specifically
 2973  provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.
 2974         Section 85. Paragraph (c) of subsection (2) of section
 2975  1009.94, Florida Statutes, is amended to read:
 2976         1009.94 Student financial assistance database.—
 2977         (2) For purposes of this section, financial assistance
 2978  includes:
 2979         (c) Any financial assistance provided under s. 1009.50, s.
 2980  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 2981  1009.56, s. 1009.60, s. 1009.62, s. 1009.70, s. 1009.701, s.
 2982  1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s.
 2983  1009.891.
 2984         Section 86. Part V of chapter 1009, Florida Statutes,
 2985  consisting of sections 1009.99, 1009.991, 1009.992, 1009.993,
 2986  1009.994, 1009.995, 1009.996, 1009.9965, 1009.997, 1009.9975,
 2987  1009.9976, 1009.9977, 1009.9978, 1009.9979, 1009.998, 1009.9981,
 2988  1009.9982, 1009.9983, 1009.9984, 1009.9985, 1009.9986,
 2989  1009.9987, 1009.9988, 1009.9989, 1009.9990, 1009.9991,
 2990  1009.9992, 1009.9993, and 1009.9994, is repealed.
 2991         Section 87. Paragraph (b) of subsection (13) of section
 2992  1011.62, Florida Statutes, is amended to read:
 2993         1011.62 Funds for operation of schools.—If the annual
 2994  allocation from the Florida Education Finance Program to each
 2995  district for operation of schools is not determined in the
 2996  annual appropriations act or the substantive bill implementing
 2997  the annual appropriations act, it shall be determined as
 2998  follows:
 2999         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 3000  CURRENT OPERATION.—The total annual state allocation to each
 3001  district for current operation for the FEFP shall be distributed
 3002  periodically in the manner prescribed in the General
 3003  Appropriations Act.
 3004         (b) The amount thus obtained shall be the net annual
 3005  allocation to each school district. However, if it is determined
 3006  that any school district received an underallocation or
 3007  overallocation for any prior year because of an arithmetical
 3008  error, assessment roll change required by final judicial
 3009  decision, full-time equivalent student membership error, or any
 3010  allocation error revealed in an audit report, the allocation to
 3011  that district shall be appropriately adjusted. Beginning with
 3012  audits for the 2001-2002 fiscal year, if the adjustment is the
 3013  result of an audit finding in which group 2 FTE are reclassified
 3014  to the basic program and the district weighted FTE are over the
 3015  weighted enrollment ceiling for group 2 programs, the adjustment
 3016  shall not result in a gain of state funds to the district.
 3017  Beginning with the 2011-2012 fiscal year, if a special program
 3018  cost factor is less than the basic program cost factor, an audit
 3019  adjustment may not result in the reclassification of the special
 3020  program FTE to the basic program FTE. If the Department of
 3021  Education audit adjustment recommendation is based upon
 3022  controverted findings of fact, the Commissioner of Education is
 3023  authorized to establish the amount of the adjustment based on
 3024  the best interests of the state.
 3025         Section 88. Paragraphs (b) and (c) of subsection (3) of
 3026  section 1011.71, Florida Statutes, are repealed.
 3027         Section 89. Subsection (4) of section 1011.76, Florida
 3028  Statutes, is repealed.
 3029         Section 90. Paragraph (b) of subsection (1) of section
 3030  1011.80, Florida Statutes, is amended to read:
 3031         1011.80 Funds for operation of workforce education
 3032  programs.—
 3033         (1) As used in this section, the terms “workforce
 3034  education” and “workforce education program” include:
 3035         (b) Career certificate programs, as defined in s.
 3036  1004.02(20) 1004.02(21).
 3037         Section 91. Paragraphs (b), (f), (j), (m), and (p) of
 3038  subsection (2) and subsection (6) of section 1012.05, Florida
 3039  Statutes, are amended to read:
 3040         1012.05 Teacher recruitment and retention.—
 3041         (2) The Department of Education shall:
 3042         (b) Advertise in major newspapers, national professional
 3043  publications, and other professional publications and in public
 3044  and nonpublic postsecondary educational institutions, if needed.
 3045         (f) Develop and distribute promotional materials related to
 3046  teaching as a career, if needed.
 3047         (j) Develop, in consultation with school district staff
 3048  including, but not limited to, district school superintendents,
 3049  district school board members, and district human resources
 3050  personnel, a long-range plan for educator recruitment and
 3051  retention.
 3052         (m) Develop and implement a First Response Center to
 3053  provide educator candidates one-stop shopping for information on
 3054  teaching careers in Florida and establish the Teacher Lifeline
 3055  Network to provide online support to beginning teachers and
 3056  those needing assistance.
 3057         (n)(p) Notify each teacher, via e-mail, of each item in the
 3058  General Appropriations Act and legislation that affects
 3059  teachers, including, but not limited to, the Excellent Teaching
 3060  Program, the Florida Teachers Classroom Supply Assistance
 3061  Program, liability insurance protection for teachers, death
 3062  benefits for teachers, substantive legislation, rules of the
 3063  State Board of Education, and issues concerning student
 3064  achievement.
 3065         (6) The Commissioner of Education shall take steps that
 3066  provide flexibility and consistency in meeting the highly
 3067  qualified teacher criteria as defined in the No Child Left
 3068  Behind Act of 2001 through a High, Objective, Uniform State
 3069  Standard of Evaluation (HOUSSE).
 3070         Section 92. Paragraph (b) of subsection (1) of section
 3071  1012.22, Florida Statutes, is amended to read:
 3072         1012.22 Public school personnel; powers and duties of the
 3073  district school board.—The district school board shall:
 3074         (1) Designate positions to be filled, prescribe
 3075  qualifications for those positions, and provide for the
 3076  appointment, compensation, promotion, suspension, and dismissal
 3077  of employees as follows, subject to the requirements of this
 3078  chapter:
 3079         (b) Time to act on nominations.—The district school board
 3080  shall act no not later than 3 weeks following the receipt of
 3081  statewide, standardized assessment scores and data under s.
 3082  1008.22 and, including school grades, or June 30, whichever is
 3083  later, on the district school superintendent’s nominations of
 3084  supervisors, principals, and members of the instructional staff.
 3085         Section 93. Subsection (9) of section 1012.33, Florida
 3086  Statutes, is repealed.
 3087         Section 94. Paragraph (b) of subsection (1), paragraph (a)
 3088  of subsection (3), and subsection (6) of section 1012.34,
 3089  Florida Statutes, are amended to read:
 3090         1012.34 Personnel evaluation procedures and criteria.—
 3091         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 3092         (b) The department must approve each school district’s
 3093  instructional personnel and school administrator evaluation
 3094  systems. The department shall monitor each district’s
 3095  implementation of its instructional personnel and school
 3096  administrator evaluation systems for compliance with the
 3097  requirements of this section and s. 1012.3401.
 3098         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 3099  personnel and school administrator performance evaluations must
 3100  be based upon the performance of students assigned to their
 3101  classrooms or schools, as provided in this section. Pursuant to
 3102  this section, a school district’s performance evaluation is not
 3103  limited to basing unsatisfactory performance of instructional
 3104  personnel and school administrators solely upon student
 3105  performance, but may include other criteria approved to evaluate
 3106  instructional personnel and school administrators’ performance,
 3107  or any combination of student performance and other approved
 3108  criteria. Evaluation procedures and criteria must comply with,
 3109  but are not limited to, the following:
 3110         (a) A performance evaluation must be conducted for each
 3111  employee at least once a year, except that a classroom teacher,
 3112  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 3113  who is newly hired by the district school board must be observed
 3114  and evaluated at least twice in the first year of teaching in
 3115  the school district. The performance evaluation must be based
 3116  upon sound educational principles and contemporary research in
 3117  effective educational practices. The evaluation criteria must
 3118  include:
 3119         1. Performance of students.—At least 50 percent of a
 3120  performance evaluation must be based upon data and indicators of
 3121  student learning growth assessed annually by statewide
 3122  assessments or, for subjects and grade levels not measured by
 3123  statewide assessments, by school district assessments as
 3124  provided in s. 1008.22(6) 1008.22(8). Each school district must
 3125  use the formula adopted pursuant to paragraph (7)(a) for
 3126  measuring student learning growth in all courses associated with
 3127  statewide assessments and must select an equally appropriate
 3128  formula for measuring student learning growth for all other
 3129  grades and subjects, except as otherwise provided in subsection
 3130  (7).
 3131         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 3132  excluding substitute teachers, the student learning growth
 3133  portion of the evaluation must include growth data for students
 3134  assigned to the teacher over the course of at least 3 years. If
 3135  less than 3 years of data are available, the years for which
 3136  data are available must be used and the percentage of the
 3137  evaluation based upon student learning growth may be reduced to
 3138  not less than 40 percent.
 3139         b. For instructional personnel who are not classroom
 3140  teachers, the student learning growth portion of the evaluation
 3141  must include growth data on statewide assessments for students
 3142  assigned to the instructional personnel over the course of at
 3143  least 3 years, or may include a combination of student learning
 3144  growth data and other measurable student outcomes that are
 3145  specific to the assigned position, provided that the student
 3146  learning growth data accounts for not less than 30 percent of
 3147  the evaluation. If less than 3 years of student growth data are
 3148  available, the years for which data are available must be used
 3149  and the percentage of the evaluation based upon student learning
 3150  growth may be reduced to not less than 20 percent.
 3151         c. For school administrators, the student learning growth
 3152  portion of the evaluation must include growth data for students
 3153  assigned to the school over the course of at least 3 years. If
 3154  less than 3 years of data are available, the years for which
 3155  data are available must be used and the percentage of the
 3156  evaluation based upon student learning growth may be reduced to
 3157  not less than 40 percent.
 3158         2. Instructional practice.—Evaluation criteria used when
 3159  annually observing classroom teachers, as defined in s.
 3160  1012.01(2)(a), excluding substitute teachers, must include
 3161  indicators based upon each of the Florida Educator Accomplished
 3162  Practices adopted by the State Board of Education. For
 3163  instructional personnel who are not classroom teachers,
 3164  evaluation criteria must be based upon indicators of the Florida
 3165  Educator Accomplished Practices and may include specific job
 3166  expectations related to student support.
 3167         3. Instructional leadership.—For school administrators,
 3168  evaluation criteria must include indicators based upon each of
 3169  the leadership standards adopted by the State Board of Education
 3170  under s. 1012.986, including performance measures related to the
 3171  effectiveness of classroom teachers in the school, the
 3172  administrator’s appropriate use of evaluation criteria and
 3173  procedures, recruitment and retention of effective and highly
 3174  effective classroom teachers, improvement in the percentage of
 3175  instructional personnel evaluated at the highly effective or
 3176  effective level, and other leadership practices that result in
 3177  student learning growth. The system may include a means to give
 3178  parents and instructional personnel an opportunity to provide
 3179  input into the administrator’s performance evaluation.
 3180         4. Professional and job responsibilities.—For instructional
 3181  personnel and school administrators, other professional and job
 3182  responsibilities must be included as adopted by the State Board
 3183  of Education. The district school board may identify additional
 3184  professional and job responsibilities.
 3185         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 3186  EVALUATION SYSTEMS.—The district school board shall establish a
 3187  procedure for annually reviewing instructional personnel and
 3188  school administrator evaluation systems to determine compliance
 3189  with this section and s. 1012.3401. All substantial revisions to
 3190  an approved system must be reviewed and approved by the district
 3191  school board before being used to evaluate instructional
 3192  personnel or school administrators. Upon request by a school
 3193  district, the department shall provide assistance in developing,
 3194  improving, or reviewing an evaluation system.
 3195         Section 95. Section 1012.44, Florida Statutes, is amended
 3196  to read:
 3197         1012.44 Qualifications for certain persons providing
 3198  speech-language services.—The State Board of Education shall
 3199  adopt rules for speech-language services to school districts
 3200  that qualify for the sparsity supplement as described in s.
 3201  1011.62(7). These services may be provided by baccalaureate
 3202  degree level persons for a period of 3 years. The rules shall
 3203  authorize the delivery of speech-language services by
 3204  baccalaureate degree level persons under the direction of a
 3205  certified speech-language pathologist with a master’s degree or
 3206  higher. By October 1, 2003, these rules shall be reviewed by the
 3207  State Board of Education.
 3208         Section 96. Section 1012.561, Florida Statutes, is amended
 3209  to read:
 3210         1012.561 Address of record.—Each certified educator or
 3211  applicant for certification is solely responsible for
 3212  maintaining his or her current address with the Department of
 3213  Education and for notifying the department in writing of a
 3214  change of address. By January 1, 2005, each educator and
 3215  applicant for certification must have on file with the
 3216  department a current mailing address. Thereafter, A certified
 3217  educator or applicant for certification who is employed by a
 3218  district school board shall notify his or her employing school
 3219  district within 10 days after a change of address. At a minimum,
 3220  the employing district school board shall notify the department
 3221  monthly of the addresses of the certified educators or
 3222  applicants for certification in the manner prescribed by the
 3223  department. A certified educator or applicant for certification
 3224  who is not employed by a district school board shall personally
 3225  notify the department in writing within 30 days after a change
 3226  of address. The department shall permit electronic notification;
 3227  however, it is the responsibility of the certified educator or
 3228  applicant for certification to ensure that the department has
 3229  received the electronic notification.
 3230         Section 97. Section 1012.595, Florida Statutes, is
 3231  repealed.
 3232         Section 98. Subsections (2), (3), and (4) of section
 3233  1012.885, Florida Statutes, are amended to read:
 3234         1012.885 Remuneration of Florida College System institution
 3235  presidents; limitations.—
 3236         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3237  law, resolution, or rule to the contrary, a Florida College
 3238  System institution president may not receive more than $225,000
 3239  in remuneration annually from appropriated state funds. Only
 3240  compensation, as defined in s. 121.021(22), provided to a
 3241  Florida College System institution president may be used in
 3242  calculating benefits under chapter 121.
 3243         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3244  party from providing cash or cash-equivalent compensation from
 3245  funds that are not appropriated state funds to a Florida College
 3246  System institution president in excess of the limit in
 3247  subsection (3) (2). If a party is unable or unwilling to fulfill
 3248  an obligation to provide cash or cash-equivalent compensation to
 3249  a Florida College System institution president as permitted
 3250  under this subsection, appropriated state funds may not be used
 3251  to fulfill such obligation.
 3252         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3253  resolution, or rule to the contrary the provisions of this
 3254  section, a Florida College System institution president may not
 3255  receive more than $200,000 in remuneration from appropriated
 3256  state funds. Only compensation, as defined in s. 121.021(22),
 3257  provided to a Florida College System institution president may
 3258  be used in calculating benefits under chapter 121.
 3259         Section 99. Subsections (2), (3), and (4) of section
 3260  1012.975, Florida Statutes, are amended to read:
 3261         1012.975 Remuneration of state university presidents;
 3262  limitations.—
 3263         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3264  law, resolution, or rule to the contrary, a state university
 3265  president may not receive more than $225,000 in remuneration
 3266  annually from public funds. Only compensation, as such term is
 3267  defined in s. 121.021(22), provided to a state university
 3268  president may be used in calculating benefits under chapter 121.
 3269         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3270  party from providing cash or cash-equivalent compensation from
 3271  funds that are not public funds to a state university president
 3272  in excess of the limit in subsection (3) (2). If a party is
 3273  unable or unwilling to fulfill an obligation to provide cash or
 3274  cash-equivalent compensation to a state university president as
 3275  permitted under this subsection, public funds may not be used to
 3276  fulfill such obligation.
 3277         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3278  resolution, or rule to the contrary the provisions of this
 3279  section, a state university president may not receive more than
 3280  $200,000 in remuneration from public funds. Only compensation,
 3281  as defined in s. 121.021(22), provided to a state university
 3282  president may be used in calculating benefits under chapter 121.
 3283         Section 100. Subsection (12) of section 1012.98, Florida
 3284  Statutes, is amended to read:
 3285         1012.98 School Community Professional Development Act.—
 3286         (12) The department shall require teachers in grades K-12
 3287  1-12 to participate in continuing education training provided by
 3288  the Department of Children and Family Services on identifying
 3289  and reporting child abuse and neglect.
 3290         Section 101. Paragraph (f) of subsection (2) of section
 3291  1013.35, Florida Statutes, is amended to read:
 3292         1013.35 School district educational facilities plan;
 3293  definitions; preparation, adoption, and amendment; long-term
 3294  work programs.—
 3295         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 3296  FACILITIES PLAN.—
 3297         (f) Not less than once every 5 years, the district school
 3298  board shall have an a financial management and performance audit
 3299  conducted of the district’s educational planning and
 3300  construction activities of the district. An operational audit
 3301  conducted by the Office of Program Policy Analysis and
 3302  Government Accountability and the Auditor General pursuant to s.
 3303  11.45 1008.35 satisfies this requirement.
 3304         Section 102. Section 1013.47, Florida Statutes, is amended
 3305  to read:
 3306         1013.47 Substance of contract; contractors to give bond;
 3307  penalties.—Each board shall develop contracts consistent with
 3308  this chapter and statutes governing public facilities. Such a
 3309  contract must contain the drawings and specifications of the
 3310  work to be done and the material to be furnished, the time limit
 3311  in which the construction is to be completed, the time and
 3312  method by which payments are to be made upon the contract, and
 3313  the penalty to be paid by the contractor for a any failure to
 3314  comply with the terms of the contract. The board may require the
 3315  contractor to pay a penalty for any failure to comply with the
 3316  terms of the contract and may provide an incentive for early
 3317  completion. Upon accepting a satisfactory bid, the board shall
 3318  enter into a contract with the party or parties whose bid has
 3319  been accepted. The contractor shall furnish the board with a
 3320  performance and payment bond as set forth in s. 255.05. A board
 3321  or other public entity may not require a contractor to secure a
 3322  surety bond under s. 255.05 from a specific agent or bonding
 3323  company. Notwithstanding any other provision of this section, if
 3324  25 percent or more of the costs of any construction project is
 3325  paid out of a trust fund established pursuant to 31 U.S.C. s.
 3326  1243(a)(1), laborers and mechanics employed by contractors or
 3327  subcontractors on such construction will be paid wages not less
 3328  than those prevailing on similar construction projects in the
 3329  locality, as determined by the Secretary of Labor in accordance
 3330  with the Davis-Bacon Act, as amended. A person, firm, or
 3331  corporation that constructs any part of any educational plant,
 3332  or addition thereto, on the basis of any unapproved plans or in
 3333  violation of any plans approved in accordance with the
 3334  provisions of this chapter and rules of the State Board of
 3335  Education or regulations of the Board of Governors relating to
 3336  building standards or specifications is subject to forfeiture of
 3337  the surety bond and unpaid compensation in an amount sufficient
 3338  to reimburse the board for any costs that will need to be
 3339  incurred in making any changes necessary to assure that all
 3340  requirements are met and is also guilty of a misdemeanor of the
 3341  second degree, punishable as provided in s. 775.082 or s.
 3342  775.083, for each separate violation.
 3343         Section 103. Section 1013.49, Florida Statutes, is
 3344  repealed.
 3345         Section 104. Section 1013.512, Florida Statutes, is
 3346  repealed.
 3347         Section 105. Section 20 of chapter 2010-24, Laws of
 3348  Florida, is repealed.
 3349         Section 106. This act shall take effect upon becoming a
 3350  law.
 3351  
 3352  ================= T I T L E  A M E N D M E N T ================
 3353  And the title is amended as follows:
 3354         Delete everything before the enacting clause
 3355  and insert:
 3356                        A bill to be entitled                      
 3357         An act relating to education; amending s. 11.45, F.S.;
 3358         requiring the Auditor General to notify the
 3359         Legislative Auditing Committee if a district school
 3360         board fails to take corrective action subsequent to an
 3361         audit; amending s. 120.74, F.S.; exempting educational
 3362         units from rule review and reporting requirements;
 3363         amending s. 120.81, F.S.; conforming cross-references;
 3364         amending s. 409.1451, F.S.; conforming cross
 3365         references; amending s. 496.404, F.S.; conforming
 3366         cross-references; amending s. 775.215, F.S.;
 3367         conforming cross-references; amending s. 984.151,
 3368         F.S.; authorizing a district school superintendent’s
 3369         designee to submit a truancy petition; repealing s.
 3370         1000.01(5), F.S., relating to obsolete education
 3371         governance transfers; amending s. 1000.21, F.S.;
 3372         revising the definition of the term “Next Generation
 3373         Sunshine State Standards”; repealing ss. 1000.33 and
 3374         1000.37, F.S., relating to the distribution of copies
 3375         of educational compacts to other states; amending s.
 3376         1001.10, F.S.; deleting and revising certain duties of
 3377         the Commissioner of Education relating to educational
 3378         plans and programs; repealing s. 1001.25, F.S,
 3379         relating to educational television; amending s.
 3380         1001.26, F.S.; revising Department of Education duties
 3381         relating to the public broadcasting program system;
 3382         prohibiting the use of educational television stations
 3383         for the advancement of political candidates; providing
 3384         penalties; amending s. 1001.34, F.S.; establishing a
 3385         process for modifying the membership of a district
 3386         school board; providing for a referendum; repealing
 3387         ss. 1001.47(7) and 1001.50(6), F.S., relating to
 3388         obsolete district school superintendent salary
 3389         provisions; repealing s. 1001.62, F.S., relating to
 3390         obsolete provisions for the transfer of benefits
 3391         arising under local or special acts; repealing s.
 3392         1001.73(3), F.S., relating to the abolished Board of
 3393         Regents as trustee; amending s. 1002.20, F.S.;
 3394         correcting cross-references and conforming provisions;
 3395         amending s. 1002.31, F.S.; revising provisions
 3396         relating to school district controlled open enrollment
 3397         plans; amending s. 1002.3105, F.S.; conforming
 3398         provisions; amending s. 1002.321, F.S.; conforming
 3399         provisions; amending s. 1002.33, F.S.; deleting
 3400         required training before charter school application;
 3401         conforming cross-references and provisions; amending
 3402         s. 1002.34, F.S.; conforming cross-references;
 3403         revising provisions relating to department assistance
 3404         to charter technical career centers; amending s.
 3405         1002.345, F.S.; revising provisions relating to
 3406         expedited review of deteriorating financial conditions
 3407         for a charter school or charter technical career
 3408         center; deleting an annual reporting requirement;
 3409         amending s. 1002.39, F.S.; deleting obsolete
 3410         provisions relating to eligibility for a John M. McKay
 3411         Scholarship; amending s. 1002.41, F.S.; correcting
 3412         cross-references; repealing s. 1002.415, F.S.,
 3413         relating to the K-8 Virtual School Program; amending
 3414         s. 1002.45, F.S.; conforming cross-references;
 3415         amending s. 1002.455, F.S.; conforming provisions;
 3416         repealing s. 1002.65, F.S., relating to aspirational
 3417         goals for credentials of prekindergarten instructors;
 3418         amending s. 1003.01, F.S.; conforming cross
 3419         references; amending s. 1003.02, F.S.; requiring
 3420         instructional materials to be consistent with course
 3421         descriptions; amending s. 1003.03, F.S.; conforming
 3422         cross-references; amending s. 1003.41, F.S.; deleting
 3423         an obsolete cost analysis requirement relating to a
 3424         separate financial literacy course; amending s.
 3425         1003.4156, F.S.; revising course and assessment
 3426         requirements for middle grades students for promotion
 3427         to high school; providing an exemption for transfer
 3428         students from certain course grade and assessment
 3429         requirements; repealing s. 1003.428, F.S., relating to
 3430         obsolete requirements for high school graduation;
 3431         amending s. 1003.4281, F.S.; conforming cross
 3432         references; amending s. 1003.4282, F.S.; revising
 3433         course and assessment requirements for the award of a
 3434         standard high school diploma; providing requirements
 3435         for a student in an adult general education program to
 3436         be awarded a standard high school diploma; revising
 3437         requirements for award of a certificate of completion;
 3438         providing an exemption for transfer students from
 3439         certain course grade and assessment requirements;
 3440         providing specificity regarding course and assessment
 3441         requirements for graduation for certain cohorts of
 3442         high school students transitioning to new graduation
 3443         requirements; providing for future repeal of
 3444         transition requirements; amending s. 1003.4285, F.S.;
 3445         revising requirements for standard high school diploma
 3446         designations; amending s. 1003.438, F.S.; conforming
 3447         cross-references; repealing s. 1003.451(5), F.S.,
 3448         relating to State Board of Education rulemaking;
 3449         amending s. 1003.49, F.S.; conforming cross
 3450         references; amending s. 1003.493, F.S.; conforming a
 3451         cross-reference; amending s. 1003.4935, F.S.;
 3452         conforming a cross-reference; amending s. 1003.57,
 3453         F.S., relating to exceptional student instruction;
 3454         amending s. 1003.621, F.S.; revising audit criteria
 3455         for academically high-performing school districts;
 3456         repealing s. 1004.02(4), F.S., relating to the
 3457         definition of the term “adult high school credit
 3458         program”; amending s. 1004.0961, F.S.; providing for
 3459         Board of Governors regulations; repealing s.
 3460         1004.3825, F.S., relating to authorization for a
 3461         medical degree program; repealing s. 1004.387, F.S.,
 3462         relating to authorization for a pharmacy degree
 3463         program; repealing s. 1004.445(2), F.S., relating to
 3464         the board of directors of the Johnnie B. Byrd, Sr.
 3465         Alzheimer’s Center and Research Institute; repealing
 3466         s. 1004.75, F.S., relating to training school
 3467         consolidation pilot projects; amending s. 1004.935,
 3468         F.S.; revising the effective date of the Adults with
 3469         Disabilities Workforce Education Pilot Program;
 3470         increasing the age limitation for a program
 3471         participant; conforming cross-references; repealing s.
 3472         1006.141, F.S., relating to a statewide school safety
 3473         hotline; amending s. 1006.147, F.S.; deleting obsolete
 3474         provisions relating to school district bullying and
 3475         harassment policies; repealing s. 1006.148(2), F.S.,
 3476         relating to a department-developed model dating
 3477         violence and abuse policy; amending s. 1006.15, F.S.;
 3478         conforming cross-references; amending s. 1006.28,
 3479         F.S.; conforming provisions relating to instructional
 3480         materials; amending s. 1006.31, F.S.; conforming
 3481         provisions relating to duties of an instructional
 3482         materials reviewer; amending s. 1006.34, F.S.;
 3483         revising provisions relating to standards used in the
 3484         selection of instructional materials; amending s.
 3485         1006.40, F.S.; revising provisions relating to
 3486         district school board purchase of instructional
 3487         materials; amending s. 1006.42, F.S.; conforming
 3488         provisions relating to the responsibility of parents
 3489         for instructional materials; amending s. 1007.02,
 3490         F.S.; deleting a popular name and providing
 3491         applicability for the term “student with a
 3492         disability”; amending s. 1007.2615, F.S.; deleting
 3493         obsolete provisions relating to an American Sign
 3494         Language task force; amending s. 1007.263, F.S.;
 3495         conforming cross-references; amending ss. 1007.264 and
 3496         1007.265, F.S.; conforming provisions; amending s.
 3497         1007.271, F.S.; correcting cross-references; amending
 3498         s. 1008.22, F.S.; conforming and revising provisions
 3499         relating to the implementation of statewide,
 3500         standardized comprehensive assessments, end-of-course
 3501         assessments, and waivers for students with
 3502         disabilities; requiring the commissioner to publish an
 3503         implementation schedule for transition to new
 3504         assessments; conforming provisions relating to
 3505         concordant scores and comparative scores for
 3506         assessments; amending s. 1008.25, F.S.; conforming
 3507         assessment provisions for student progression;
 3508         amending s. 1008.33, F.S.; deleting obsolete
 3509         provisions relating to implementation of certain
 3510         school turnaround options; repealing s. 1008.331,
 3511         F.S., relating to supplemental educational services in
 3512         Title I schools; amending s. 1008.3415, F.S.;
 3513         correcting a cross-reference; repealing s. 1008.35,
 3514         F.S., relating to best financial management practices
 3515         for school districts; amending s. 1009.22, F.S.;
 3516         deleting obsolete provisions relating to workforce
 3517         education postsecondary student fees; amending s.
 3518         1009.40, F.S.; conforming cross-references; amending
 3519         s. 1009.531, F.S.; conforming cross-references;
 3520         amending s. 1009.532, F.S.; correcting cross
 3521         references; amending s. 1009.536, F.S.; correcting
 3522         cross-references; repealing s. 1009.56, F.S., relating
 3523         to the Seminole and Miccosukee Indian Scholarship
 3524         Program; repealing s. 1009.69, F.S., relating to the
 3525         Virgil Hawkins Fellows Assistance Program; amending s.
 3526         1009.91, F.S.; conforming a cross-reference; amending
 3527         s. 1009.94, F.S.; conforming a cross-reference;
 3528         repealing part V of chapter 1009, F.S., relating to
 3529         the Florida Higher Education Loan Authority; amending
 3530         s. 1011.62, F.S.; deleting an obsolete provision;
 3531         repealing s. 1011.71(3)(b) and (c), F.S., relating to
 3532         expired authorization for certain millage levy;
 3533         repealing s. 1011.76(4), F.S., relating to best
 3534         financial management practices review under the Small
 3535         School District Stabilization Program; amending s.
 3536         1011.80, F.S.; correcting a cross-reference; amending
 3537         s. 1012.05, F.S.; deleting department and commissioner
 3538         duties relating to teacher recruitment and retention;
 3539         amending s. 1012.22, F.S.; conforming provisions;
 3540         repealing s. 1012.33(9), F.S., relating to obsolete
 3541         provisions for payment of professional service
 3542         contracts; amending s. 1012.34, F.S.; correcting
 3543         cross-references relating to measuring student
 3544         performance in personnel evaluations; amending s.
 3545         1012.44, F.S.; deleting obsolete provisions; amending
 3546         s. 1012.561, F.S.; deleting an obsolete provision;
 3547         repealing s. 1012.595, F.S., relating to an obsolete
 3548         saving clause for educator certificates; amending s.
 3549         1012.885, F.S.; deleting certain provisions relating
 3550         to remuneration of Florida College System institution
 3551         presidents; amending s. 1012.975, F.S.; deleting
 3552         certain provisions relating to remuneration of state
 3553         university presidents; amending s. 1012.98, F.S.;
 3554         requiring continuing education training for
 3555         kindergarten teachers; amending s. 1013.35, F.S.;
 3556         revising audit requirements for school district
 3557         educational planning and construction activities;
 3558         amending s. 1013.47, F.S.; deleting provisions
 3559         relating to payment of wages of certain persons
 3560         employed by contractors; repealing s. 1013.49, F.S.,
 3561         relating to toxic substances in educational
 3562         facilities; repealing s. 1013.512, F.S., relating to
 3563         the Land Acquisition and Facilities Advisory Board;
 3564         repealing s. 20 of chapter 2010-24, Laws of Florida,
 3565         relating to Department of Revenue authorization to
 3566         adopt emergency rules; providing an effective date.