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.