Florida Senate - 2017                                     SB 964
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00195C-17                                            2017964__
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1002.33, F.S.; requiring an application and charter
    4         for a high school charter school to require the
    5         administration of a specified assessment for
    6         graduation purposes; amending s. 1003.4156, F.S.;
    7         revising the mathematics and social studies
    8         requirements for student promotion to high school and
    9         for certain high school credits; amending s.
   10         1003.4282, F.S.; revising the requirements for a
   11         standard high school diploma; deleting provisions
   12         requiring a student or transfer student to take a
   13         statewide, standardized Algebra II assessment or a
   14         Geometry or United States History end-of-course (EOC)
   15         assessment; amending s. 1003.4285, F.S.; revising the
   16         standard high school diploma designation requirements
   17         for mathematics and social studies; amending s.
   18         1008.22, F.S.; revising the grades in which the
   19         statewide, standardized Reading assessment must be
   20         administered; revising the administration of the
   21         statewide, standardized Mathematics and Science
   22         assessments and the English Language Arts (ELA)
   23         assessment; deleting requirements that a student take
   24         an EOC assessment in Geometry, Algebra II, United
   25         States History, or Civics; deleting a provision
   26         authorizing the Commissioner of Education to establish
   27         a schedule for the development and administration of
   28         additional statewide, standardized EOC assessments;
   29         authorizing the Department of Education to expand
   30         languages in which statewide, standardized assessments
   31         are administered; requiring that such assessments be
   32         provided at no cost to the school districts; requiring
   33         the commissioner to provide a nonelectronic option for
   34         the administration of specified assessments; requiring
   35         the commissioner to implement contracts for the
   36         selection of nationally recognized alternate high
   37         school assessments; requiring the department to
   38         conduct a study regarding student performance on
   39         assessments; requiring specified ELA and Mathematics
   40         assessments to be held within a specified timeframe;
   41         requiring a report to the State Board of Education,
   42         the Governor, and the Legislature by a specified date;
   43         requiring the commissioner to provide a specified
   44         analysis to each school district regarding student
   45         achievement levels and Learning Gains on each
   46         statewide, standardized assessment; requiring the
   47         department to include a summary of a specified
   48         analysis in a report to the Governor and the
   49         Legislature; creating s. 1008.223, F.S.; providing a
   50         purpose; providing responsibilities of the
   51         commissioner to select and approve a nationally
   52         recognized high school assessment to administer in
   53         lieu of the Florida Standards Assessment; authorizing
   54         school districts to select the assessment; providing
   55         requirements for the assessment; requiring the
   56         commissioner to use an invitation to negotiate to
   57         fulfill certain requirements; requiring the
   58         commissioner to require certain entities to include
   59         specified information; requiring the commissioner to
   60         consult with, and receive recommendations for
   61         alternate assessments from, specified entities;
   62         providing that the nationally recognized high school
   63         assessment satisfies the high school graduation
   64         requirements; providing responsibilities of school
   65         districts; amending s. 1008.25, F.S.; requiring each
   66         district school board to include the results of a
   67         specified analysis in its annual report to parents;
   68         amending s. 1008.34, F.S.; redefining the term
   69         “Learning Gains”; revising the calculation for school
   70         grades; requiring that the commissioner develop models
   71         for a specified purpose; deleting obsolete language;
   72         amending s. 1008.345, F.S.; requiring the
   73         commissioner’s report to the Legislature on education
   74         accountability to include a specified analysis;
   75         amending s. 1012.34, F.S.; deleting a provision
   76         requiring the department to approve the evaluation
   77         systems for instructional personnel and school
   78         administrators; revising the performance evaluation
   79         systems for instructional personnel and school
   80         administrators; requiring the board to adopt rules for
   81         the monitoring, rather than for the submission,
   82         review, and approval, of such systems; deleting
   83         provisions relating to the transition to statewide,
   84         standardized assessments; amending ss. 1002.331,
   85         1012.341, and 1012.562, F.S.; conforming cross
   86         references; providing an effective date.
   87  
   88         WHEREAS, Florida has led the country in establishing and
   89  implementing a rigorous assessment and accountability system,
   90  but the testing of Florida’s students, rather than actual
   91  instruction, now dominates classroom time, and
   92         WHEREAS, the introduction and requirement of end-of-course
   93  assessments in middle and high school only serve to increase the
   94  overall number of assessments on students while diminishing
   95  instructional time, and
   96         WHEREAS, Florida should reduce the overall number of
   97  assessments, including the 9th grade Florida Standards
   98  Assessment, and should eliminate all end-of-course assessments,
   99  except for Algebra I and Biology I, to allow more instructional
  100  time for students at all levels, and
  101         WHEREAS, Florida should authorize an alternate, nationally
  102  recognized assessment in high school that is also recognized by
  103  colleges and universities, to increase opportunities for
  104  students to be successful in college, and
  105         WHEREAS, Florida has implemented numerous acceleration and
  106  choice programs at the college level for students that
  107  incorporate assessments as a measure of student performance,
  108  including advanced placement, International Baccalaureate,
  109  Advanced International Certificate of Education, dual
  110  enrollment, and certificate programs, and
  111         WHEREAS, Florida should increase the acceleration and
  112  choice opportunities at the high school level by reducing
  113  overall required assessments, and
  114         WHEREAS, Florida should increase instructional time by
  115  authorizing the use of paper and pencil assessments instead of
  116  online assessments that disrupt instruction, especially in high
  117  school, and
  118         WHEREAS, assessments continue to drive the teacher and
  119  administrator performance evaluation system, and Florida should
  120  disentangle these evaluations from assessments in order to focus
  121  on classroom instruction, and
  122         WHEREAS, Florida should take advantage of the flexibility
  123  afforded by the federal Every Student Succeeds Act, NOW,
  124  THEREFORE,
  125  
  126  Be It Enacted by the Legislature of the State of Florida:
  127  
  128         Section 1. Paragraph (a) of subsection (6), paragraph (a)
  129  of subsection (7), paragraph (e) of subsection (10), and
  130  paragraphs (b) and (c) of subsection (15) of section 1002.33,
  131  Florida Statutes, are amended to read:
  132         1002.33 Charter schools.—
  133         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  134  applications are subject to the following requirements:
  135         (a) A person or entity seeking to open a charter school
  136  shall prepare and submit an application on a model application
  137  form prepared by the Department of Education which:
  138         1. Demonstrates how the school will use the guiding
  139  principles and meet the statutorily defined purpose of a charter
  140  school.
  141         2. Provides a detailed curriculum plan that illustrates how
  142  students will be provided services to attain the Sunshine State
  143  Standards.
  144         3. Contains goals and objectives for improving student
  145  learning and measuring that improvement. These goals and
  146  objectives must indicate how much academic improvement students
  147  are expected to show each year, how success will be evaluated,
  148  and the specific results to be attained through instruction. For
  149  a proposed high school charter school, the application must
  150  indicate that the charter school will administer the same grade
  151  10 English Language Arts assessment for high school graduation
  152  purposes which is administered by the local school district.
  153         4. Describes the reading curriculum and differentiated
  154  strategies that will be used for students reading at grade level
  155  or higher and a separate curriculum and strategies for students
  156  who are reading below grade level. A sponsor shall deny an
  157  application if the school does not propose a reading curriculum
  158  that is consistent with effective teaching strategies that are
  159  grounded in scientifically based reading research.
  160         5. Contains an annual financial plan for each year
  161  requested by the charter for operation of the school for up to 5
  162  years. This plan must contain anticipated fund balances based on
  163  revenue projections, a spending plan based on projected revenues
  164  and expenses, and a description of controls that will safeguard
  165  finances and projected enrollment trends.
  166         6. Discloses the name of each applicant, governing board
  167  member, and all proposed education services providers; the name
  168  and sponsor of any charter school operated by each applicant,
  169  each governing board member, and each proposed education
  170  services provider that has closed and the reasons for the
  171  closure; and the academic and financial history of such charter
  172  schools, which the sponsor shall consider in deciding whether to
  173  approve or deny the application.
  174         7. Contains additional information a sponsor may require,
  175  which shall be attached as an addendum to the charter school
  176  application described in this paragraph.
  177         8. For the establishment of a virtual charter school,
  178  documents that the applicant has contracted with a provider of
  179  virtual instruction services pursuant to s. 1002.45(1)(d).
  180         (7) CHARTER.—The major issues involving the operation of a
  181  charter school shall be considered in advance and written into
  182  the charter. The charter shall be signed by the governing board
  183  of the charter school and the sponsor, following a public
  184  hearing to ensure community input.
  185         (a) The charter shall address and criteria for approval of
  186  the charter shall be based on:
  187         1. The school’s mission, the students to be served, and the
  188  ages and grades to be included.
  189         2. The focus of the curriculum, the instructional methods
  190  to be used, any distinctive instructional techniques to be
  191  employed, and identification and acquisition of appropriate
  192  technologies needed to improve educational and administrative
  193  performance which include a means for promoting safe, ethical,
  194  and appropriate uses of technology which comply with legal and
  195  professional standards.
  196         a. The charter shall ensure that reading is a primary focus
  197  of the curriculum and that resources are provided to identify
  198  and provide specialized instruction for students who are reading
  199  below grade level. The curriculum and instructional strategies
  200  for reading must be consistent with the Next Generation Sunshine
  201  State Standards and grounded in scientifically based reading
  202  research.
  203         b. In order to provide students with access to diverse
  204  instructional delivery models, to facilitate the integration of
  205  technology within traditional classroom instruction, and to
  206  provide students with the skills they need to compete in the
  207  21st century economy, the Legislature encourages instructional
  208  methods for blended learning courses consisting of both
  209  traditional classroom and online instructional techniques.
  210  Charter schools may implement blended learning courses which
  211  combine traditional classroom instruction and virtual
  212  instruction. Students in a blended learning course must be full
  213  time students of the charter school and receive the online
  214  instruction in a classroom setting at the charter school.
  215  Instructional personnel certified pursuant to s. 1012.55 who
  216  provide virtual instruction for blended learning courses may be
  217  employees of the charter school or may be under contract to
  218  provide instructional services to charter school students. At a
  219  minimum, such instructional personnel must hold an active state
  220  or school district adjunct certification under s. 1012.57 for
  221  the subject area of the blended learning course. The funding and
  222  performance accountability requirements for blended learning
  223  courses are the same as those for traditional courses.
  224         3. The current incoming baseline standard of student
  225  academic achievement, the outcomes to be achieved, and the
  226  method of measurement that will be used. The criteria listed in
  227  this subparagraph shall include a detailed description of:
  228         a. How the baseline student academic achievement levels and
  229  prior rates of academic progress will be established.
  230         b. How these baseline rates will be compared to rates of
  231  academic progress achieved by these same students while
  232  attending the charter school.
  233         c. To the extent possible, how these rates of progress will
  234  be evaluated and compared with rates of progress of other
  235  closely comparable student populations.
  236  
  237  The district school board is required to provide academic
  238  student performance data to charter schools for each of their
  239  students coming from the district school system, as well as
  240  rates of academic progress of comparable student populations in
  241  the district school system.
  242         4. The methods used to identify the educational strengths
  243  and needs of students and how well educational goals and
  244  performance standards are met by students attending the charter
  245  school. The methods shall provide a means for the charter school
  246  to ensure accountability to its constituents by analyzing
  247  student performance data and by evaluating the effectiveness and
  248  efficiency of its major educational programs. Students in
  249  charter schools shall, at a minimum, participate in the
  250  statewide assessment program created under s. 1008.22.
  251         5. In secondary charter schools, a method for determining
  252  that a student has satisfied the requirements for graduation in
  253  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  254         6. In high school charter schools, a provision in the
  255  charter that specifies the charter school will administer the
  256  same grade 10 English Language Arts assessment for high school
  257  graduation purposes which is administered by the local school
  258  district.
  259         7.6. A method for resolving conflicts between the governing
  260  board of the charter school and the sponsor.
  261         8.7. The admissions procedures and dismissal procedures,
  262  including the school’s code of student conduct. Admission or
  263  dismissal must not be based on a student’s academic performance.
  264         9.8. The ways by which the school will achieve a
  265  racial/ethnic balance reflective of the community it serves or
  266  within the racial/ethnic range of other public schools in the
  267  same school district.
  268         10.9. The financial and administrative management of the
  269  school, including a reasonable demonstration of the professional
  270  experience or competence of those individuals or organizations
  271  applying to operate the charter school or those hired or
  272  retained to perform such professional services and the
  273  description of clearly delineated responsibilities and the
  274  policies and practices needed to effectively manage the charter
  275  school. A description of internal audit procedures and
  276  establishment of controls to ensure that financial resources are
  277  properly managed must be included. Both public sector and
  278  private sector professional experience shall be equally valid in
  279  such a consideration.
  280         11.10. The asset and liability projections required in the
  281  application which are incorporated into the charter and shall be
  282  compared with information provided in the annual report of the
  283  charter school.
  284         12.11. A description of procedures that identify various
  285  risks and provide for a comprehensive approach to reduce the
  286  impact of losses; plans to ensure the safety and security of
  287  students and staff; plans to identify, minimize, and protect
  288  others from violent or disruptive student behavior; and the
  289  manner in which the school will be insured, including whether or
  290  not the school will be required to have liability insurance,
  291  and, if so, the terms and conditions thereof and the amounts of
  292  coverage.
  293         13.12. The term of the charter which shall provide for
  294  cancellation of the charter if insufficient progress has been
  295  made in attaining the student achievement objectives of the
  296  charter and if it is not likely that such objectives can be
  297  achieved before expiration of the charter. The initial term of a
  298  charter shall be for 4 or 5 years. In order to facilitate access
  299  to long-term financial resources for charter school
  300  construction, charter schools that are operated by a
  301  municipality or other public entity as provided by law are
  302  eligible for up to a 15-year charter, subject to approval by the
  303  district school board. A charter lab school is eligible for a
  304  charter for a term of up to 15 years. In addition, to facilitate
  305  access to long-term financial resources for charter school
  306  construction, charter schools that are operated by a private,
  307  not-for-profit, s. 501(c)(3) status corporation are eligible for
  308  up to a 15-year charter, subject to approval by the district
  309  school board. Such long-term charters remain subject to annual
  310  review and may be terminated during the term of the charter, but
  311  only according to the provisions set forth in subsection (8).
  312         14.13. The facilities to be used and their location. The
  313  sponsor may not require a charter school to have a certificate
  314  of occupancy or a temporary certificate of occupancy for such a
  315  facility earlier than 15 calendar days before the first day of
  316  school.
  317         15.14. The qualifications to be required of the teachers
  318  and the potential strategies used to recruit, hire, train, and
  319  retain qualified staff to achieve best value.
  320         16.15. The governance structure of the school, including
  321  the status of the charter school as a public or private employer
  322  as required in paragraph (12)(i).
  323         17.16. A timetable for implementing the charter which
  324  addresses the implementation of each element thereof and the
  325  date by which the charter shall be awarded in order to meet this
  326  timetable.
  327         18.17. In the case of an existing public school that is
  328  being converted to charter status, alternative arrangements for
  329  current students who choose not to attend the charter school and
  330  for current teachers who choose not to teach in the charter
  331  school after conversion in accordance with the existing
  332  collective bargaining agreement or district school board rule in
  333  the absence of a collective bargaining agreement. However,
  334  alternative arrangements shall not be required for current
  335  teachers who choose not to teach in a charter lab school, except
  336  as authorized by the employment policies of the state university
  337  which grants the charter to the lab school.
  338         19.18. Full disclosure of the identity of all relatives
  339  employed by the charter school who are related to the charter
  340  school owner, president, chairperson of the governing board of
  341  directors, superintendent, governing board member, principal,
  342  assistant principal, or any other person employed by the charter
  343  school who has equivalent decisionmaking authority. For the
  344  purpose of this subparagraph, the term “relative” means father,
  345  mother, son, daughter, brother, sister, uncle, aunt, first
  346  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  347  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  348  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  349  stepsister, half brother, or half sister.
  350         20.19. Implementation of the activities authorized under s.
  351  1002.331 by the charter school when it satisfies the eligibility
  352  requirements for a high-performing charter school. A high
  353  performing charter school shall notify its sponsor in writing by
  354  March 1 if it intends to increase enrollment or expand grade
  355  levels the following school year. The written notice shall
  356  specify the amount of the enrollment increase and the grade
  357  levels that will be added, as applicable.
  358         (10) ELIGIBLE STUDENTS.—
  359         (e) A charter school may limit the enrollment process only
  360  to target the following student populations:
  361         1. Students within specific age groups or grade levels.
  362         2. Students considered at risk of dropping out of school or
  363  academic failure. Such students shall include exceptional
  364  education students.
  365         3. Students enrolling in a charter school-in-the-workplace
  366  or charter school-in-a-municipality established pursuant to
  367  subsection (15).
  368         4. Students residing within a reasonable distance of the
  369  charter school, as described in paragraph (20)(c). Such students
  370  shall be subject to a random lottery and to the racial/ethnic
  371  balance provisions described in subparagraph (7)(a)9. (7)(a)8.
  372  or any federal provisions that require a school to achieve a
  373  racial/ethnic balance reflective of the community it serves or
  374  within the racial/ethnic range of other public schools in the
  375  same school district.
  376         5. Students who meet reasonable academic, artistic, or
  377  other eligibility standards established by the charter school
  378  and included in the charter school application and charter or,
  379  in the case of existing charter schools, standards that are
  380  consistent with the school’s mission and purpose. Such standards
  381  shall be in accordance with current state law and practice in
  382  public schools and may not discriminate against otherwise
  383  qualified individuals.
  384         6. Students articulating from one charter school to another
  385  pursuant to an articulation agreement between the charter
  386  schools that has been approved by the sponsor.
  387         7. Students living in a development in which a business
  388  entity provides the school facility and related property having
  389  an appraised value of at least $10 million to be used as a
  390  charter school for the development. Students living in the
  391  development shall be entitled to 50 percent of the student
  392  stations in the charter school. The students who are eligible
  393  for enrollment are subject to a random lottery, the
  394  racial/ethnic balance provisions, or any federal provisions, as
  395  described in subparagraph 4. The remainder of the student
  396  stations shall be filled in accordance with subparagraph 4.
  397         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  398  A-MUNICIPALITY.—
  399         (b) A charter school-in-the-workplace may be established
  400  when a business partner provides the school facility to be used;
  401  enrolls students based upon a random lottery that involves all
  402  of the children of employees of that business or corporation who
  403  are seeking enrollment, as provided for in subsection (10); and
  404  enrolls students according to the racial/ethnic balance
  405  provisions described in subparagraph (7)(a)9. (7)(a)8. Any
  406  portion of a facility used for a public charter school shall be
  407  exempt from ad valorem taxes, as provided for in s. 1013.54, for
  408  the duration of its use as a public school.
  409         (c) A charter school-in-a-municipality designation may be
  410  granted to a municipality that possesses a charter; enrolls
  411  students based upon a random lottery that involves all of the
  412  children of the residents of that municipality who are seeking
  413  enrollment, as provided for in subsection (10); and enrolls
  414  students according to the racial/ethnic balance provisions
  415  described in subparagraph (7)(a)9. (7)(a)8. When a municipality
  416  has submitted charter applications for the establishment of a
  417  charter school feeder pattern, consisting of elementary, middle,
  418  and senior high schools, and each individual charter application
  419  is approved by the district school board, such schools shall
  420  then be designated as one charter school for all purposes listed
  421  pursuant to this section. Any portion of the land and facility
  422  used for a public charter school shall be exempt from ad valorem
  423  taxes, as provided for in s. 1013.54, for the duration of its
  424  use as a public school.
  425         Section 2. Paragraphs (b) and (c) of subsection (1) of
  426  section 1003.4156, Florida Statutes, are amended to read:
  427         1003.4156 General requirements for middle grades
  428  promotion.—
  429         (1) In order for a student to be promoted to high school
  430  from a school that includes middle grades 6, 7, and 8, the
  431  student must successfully complete the following courses:
  432         (b) Three middle grades or higher courses in mathematics.
  433  Each school that includes middle grades must offer at least one
  434  high school level mathematics course for which students may earn
  435  high school credit. Successful completion of a high school level
  436  Algebra I or Geometry course is not contingent upon the
  437  student’s performance on the statewide, standardized Algebra I
  438  end-of-course (EOC) assessment. To earn high school credit for
  439  Algebra I, a middle grades student must take the statewide,
  440  standardized Algebra I EOC assessment and pass the course, and,
  441  in addition, beginning with the 2013-2014 school year and
  442  thereafter, a student’s performance on the Algebra I EOC
  443  assessment constitutes 30 percent of the student’s final course
  444  grade. To earn high school credit for a Geometry course, a
  445  middle grades student must take the statewide, standardized
  446  Geometry EOC assessment, which constitutes 30 percent of the
  447  student’s final course grade, and earn a passing grade in the
  448  course.
  449         (c) Three middle grades or higher courses in social
  450  studies. Beginning with students entering grade 6 in the 2012
  451  2013 school year, One of these courses must be at least a one
  452  semester civics education course that includes the roles and
  453  responsibilities of federal, state, and local governments; the
  454  structures and functions of the legislative, executive, and
  455  judicial branches of government; and the meaning and
  456  significance of historic documents, such as the Articles of
  457  Confederation, the Declaration of Independence, and the
  458  Constitution of the United States. Beginning with the 2013-2014
  459  school year, each student’s performance on the statewide,
  460  standardized EOC assessment in civics education required under
  461  s. 1008.22 constitutes 30 percent of the student’s final course
  462  grade. A middle grades student who transfers into the state’s
  463  public school system from out of country, out of state, a
  464  private school, or a home education program after the beginning
  465  of the second term of grade 8 is not required to meet the civics
  466  education requirement for promotion from the middle grades if
  467  the student’s transcript documents passage of three courses in
  468  social studies or two year-long courses in social studies that
  469  include coverage of civics education.
  470  
  471  Each school must inform parents about the course curriculum and
  472  activities. Each student shall complete a personal education
  473  plan that must be signed by the student and the student’s
  474  parent. The Department of Education shall develop course
  475  frameworks and professional development materials for the career
  476  and education planning course. The course may be implemented as
  477  a stand-alone course or integrated into another course or
  478  courses. The Commissioner of Education shall collect
  479  longitudinal high school course enrollment data by student
  480  ethnicity in order to analyze course-taking patterns.
  481         Section 3. Paragraphs (b) and (d) of subsection (3) and
  482  subsections (7) and (9) of section 1003.4282, Florida Statutes,
  483  are amended to read:
  484         1003.4282 Requirements for a standard high school diploma.—
  485         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
  486  REQUIREMENTS.—
  487         (b) Four credits in mathematics.—A student must earn one
  488  credit in Algebra I and one credit in Geometry. A student’s
  489  performance on the statewide, standardized Algebra I end-of
  490  course (EOC) assessment constitutes 30 percent of the student’s
  491  final course grade. A student must pass the statewide,
  492  standardized Algebra I EOC assessment, or earn a comparative
  493  score, in order to earn a standard high school diploma. A
  494  student’s performance on the statewide, standardized Geometry
  495  EOC assessment constitutes 30 percent of the student’s final
  496  course grade. If the state administers a statewide, standardized
  497  Algebra II assessment, a student selecting Algebra II must take
  498  the assessment, and the student’s performance on the assessment
  499  constitutes 30 percent of the student’s final course grade. A
  500  student who earns an industry certification for which there is a
  501  statewide college credit articulation agreement approved by the
  502  State Board of Education may substitute the certification for
  503  one mathematics credit. Substitution may occur for up to two
  504  mathematics credits, except for Algebra I and Geometry.
  505         (d) Three credits in social studies.—A student must earn
  506  one credit in United States History; one credit in World
  507  History; one-half credit in economics, which must include
  508  financial literacy; and one-half credit in United States
  509  Government. The United States History EOC assessment constitutes
  510  30 percent of the student’s final course grade.
  511         (7) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
  512  the 2012-2013 school year, If a student transfers to a Florida
  513  public high school from out of country, out of state, a private
  514  school, or a home education program and the student’s transcript
  515  shows a credit in Algebra I, the student must pass the
  516  statewide, standardized Algebra I EOC assessment in order to
  517  earn a standard high school diploma unless the student earned a
  518  comparative score, passed a statewide assessment in Algebra I
  519  administered by the transferring entity, or passed the statewide
  520  Mathematics assessment the transferring entity uses to satisfy
  521  the requirements of the Elementary and Secondary Education Act,
  522  20 U.S.C. s. 6301. If a student’s transcript shows a credit in
  523  high school reading or English Language Arts II or III, in order
  524  to earn a standard high school diploma, the student must take
  525  and pass the statewide, standardized grade 10 Reading assessment
  526  or, when implemented, the grade 10 ELA assessment, or earn a
  527  concordant score. If a transfer student’s transcript shows a
  528  final course grade and course credit in Algebra I or, Geometry,
  529  Biology I, or United States History, the transferring course
  530  final grade and credit shall be honored without the student
  531  taking the requisite statewide, standardized EOC assessment and
  532  without the assessment result results constituting 30 percent of
  533  the student’s final course grade.
  534         (9) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
  535  requirements of this section, in addition to applying to
  536  students entering grade 9 in the 2013-2014 school year and
  537  thereafter, shall also apply to students entering grade 9 before
  538  the 2013-2014 school year, except as otherwise provided in this
  539  subsection.
  540         (a) A student entering grade 9 before the 2010-2011 school
  541  year must earn:
  542         1. Four credits in English/ELA. A student must pass the
  543  statewide, standardized grade 10 Reading assessment, or earn a
  544  concordant score, in order to graduate with a standard high
  545  school diploma.
  546         2. Four credits in mathematics, which must include Algebra
  547  I. A student must pass grade 10 FCAT Mathematics, or earn a
  548  concordant score, in order to graduate with a standard high
  549  school diploma. A student who takes Algebra I or Geometry after
  550  the 2010-2011 school year must take the statewide, standardized
  551  EOC assessment for the course but is not required to pass the
  552  assessment in order to earn course credit. A student’s
  553  performance on the Algebra I or Geometry EOC assessment is not
  554  required to constitute 30 percent of the student’s final course
  555  grade. A student who earns an industry certification for which
  556  there is a statewide college credit articulation agreement
  557  approved by the State Board of Education may substitute the
  558  certification for one mathematics credit. Substitution may occur
  559  for up to two mathematics credits, except for Algebra I.
  560         3. Three credits in science, two of which must have a
  561  laboratory component. A student who takes Biology I after the
  562  2010-2011 school year must take the statewide, standardized
  563  Biology I EOC assessment but is not required to pass the
  564  assessment in order to earn course credit. A student’s
  565  performance on the assessment is not required to constitute 30
  566  percent of the student’s final course grade. A student who earns
  567  an industry certification for which there is a statewide college
  568  credit articulation agreement approved by the State Board of
  569  Education may substitute the certification for one science
  570  credit.
  571         4. Three credits in social studies of which one credit in
  572  World History, one credit in United States History, one-half
  573  credit in United States Government, and one-half credit in
  574  economics are required. A student who takes United States
  575  History after the 2011-2012 school year must take the statewide,
  576  standardized United States History EOC assessment, but the
  577  student’s performance on the assessment is not required to
  578  constitute 30 percent of the student’s final course grade.
  579         5. One credit in fine or performing arts, speech and
  580  debate, or practical arts as provided in paragraph (3)(e).
  581         6. One credit in physical education as provided in
  582  paragraph (3)(f).
  583         7. Eight credits in electives.
  584         (b) A student entering grade 9 in the 2010-2011 school year
  585  must earn:
  586         1. Four credits in English/ELA. A student must pass the
  587  statewide, standardized grade 10 Reading assessment, or earn a
  588  concordant score, in order to graduate with a standard high
  589  school diploma.
  590         2. Four credits in mathematics, which must include Algebra
  591  I and Geometry. The statewide, standardized Algebra I EOC
  592  assessment constitutes 30 percent of the student’s final course
  593  grade. A student who takes Algebra I or Geometry after the 2010
  594  2011 school year must take the statewide, standardized EOC
  595  assessment for the course but is not required to pass the
  596  assessment in order to earn course credit. A student’s
  597  performance on the Geometry EOC assessment is not required to
  598  constitute 30 percent of the student’s final course grade. A
  599  student who earns an industry certification for which there is a
  600  statewide college credit articulation agreement approved by the
  601  State Board of Education may substitute the certification for
  602  one mathematics credit. Substitution may occur for up to two
  603  mathematics credits, except for Algebra I and Geometry.
  604         3. Three credits in science, two of which must have a
  605  laboratory component. A student who takes Biology I after the
  606  2010-2011 school year must take the statewide, standardized
  607  Biology I EOC assessment but is not required to pass the
  608  assessment in order to earn course credit. A student’s
  609  performance on the assessment is not required to constitute 30
  610  percent of the student’s final course grade. A student who earns
  611  an industry certification for which there is a statewide college
  612  credit articulation agreement approved by the State Board of
  613  Education may substitute the certification for one science
  614  credit, except for Biology I.
  615         4. Three credits in social studies of which one credit in
  616  World History, one credit in United States History, one-half
  617  credit in United States Government, and one-half credit in
  618  economics are required. A student who takes United States
  619  History after the 2011-2012 school year must take the statewide,
  620  standardized United States History EOC assessment, but the
  621  student’s performance on the assessment is not required to
  622  constitute 30 percent of the student’s final course grade.
  623         5. One credit in fine or performing arts, speech and
  624  debate, or practical arts as provided in paragraph (3)(e).
  625         6. One credit in physical education as provided in
  626  paragraph (3)(f).
  627         7. Eight credits in electives.
  628         (c) A student entering grade 9 in the 2011-2012 school year
  629  must earn:
  630         1. Four credits in English/ELA. A student must pass the
  631  statewide, standardized grade 10 Reading assessment, or earn a
  632  concordant score, in order to graduate with a standard high
  633  school diploma.
  634         2. Four credits in mathematics, which must include Algebra
  635  I and Geometry. A student who takes Algebra I after the 2010
  636  2011 school year must pass the statewide, standardized Algebra I
  637  EOC assessment, or earn a comparative score, in order to earn a
  638  standard high school diploma. A student who takes Algebra I or
  639  Geometry after the 2010-2011 school year must take the
  640  statewide, standardized EOC assessment but is not required to
  641  pass the Algebra I or Geometry EOC assessment in order to earn
  642  course credit. A student’s performance on the Algebra I or
  643  Geometry EOC assessment is not required to constitute 30 percent
  644  of the student’s final course grade. A student who earns an
  645  industry certification for which there is a statewide college
  646  credit articulation agreement approved by the State Board of
  647  Education may substitute the certification for one mathematics
  648  credit. Substitution may occur for up to two mathematics
  649  credits, except for Algebra I and Geometry.
  650         3. Three credits in science, two of which must have a
  651  laboratory component. One of the science credits must be Biology
  652  I. A student who takes Biology I after the 2010-2011 school year
  653  must take the statewide, standardized Biology I EOC assessment
  654  but is not required to pass the assessment in order to earn
  655  course credit. A student’s performance on the assessment is not
  656  required to constitute 30 percent of the student’s final course
  657  grade. A student who earns an industry certification for which
  658  there is a statewide college credit articulation agreement
  659  approved by the State Board of Education may substitute the
  660  certification for one science credit, except for Biology I.
  661         4. Three credits in social studies of which one credit in
  662  World History, one credit in United States History, one-half
  663  credit in United States Government, and one-half credit in
  664  economics are required. A student who takes United States
  665  History after the 2011-2012 school year must take the statewide,
  666  standardized United States History EOC assessment, but the
  667  student’s performance on the assessment is not required to
  668  constitute 30 percent of the student’s final course grade.
  669         5. One credit in fine or performing arts, speech and
  670  debate, or practical arts as provided in paragraph (3)(e).
  671         6. One credit in physical education as provided in
  672  paragraph (3)(f).
  673         7. Eight credits in electives.
  674         8. One online course as provided in subsection (4).
  675         (d) A student entering grade 9 in the 2012-2013 school year
  676  must earn:
  677         1. Four credits in English/ELA. A student must pass the
  678  statewide, standardized grade 10 Reading assessment, or earn a
  679  concordant score, in order to graduate with a standard high
  680  school diploma.
  681         2. Four credits in mathematics, which must include Algebra
  682  I and Geometry. A student who takes Algebra I after the 2010
  683  2011 school year must pass the statewide, standardized Algebra I
  684  EOC assessment, or earn a comparative score, in order to earn a
  685  standard high school diploma. A student who takes Geometry after
  686  the 2010-2011 school year must take the statewide, standardized
  687  Geometry EOC assessment. A student is not required to pass the
  688  statewide, standardized EOC assessment in Algebra I or Geometry
  689  in order to earn course credit. A student’s performance on the
  690  Algebra I or Geometry EOC assessment is not required to
  691  constitute 30 percent of the student’s final course grade. A
  692  student who earns an industry certification for which there is a
  693  statewide college credit articulation agreement approved by the
  694  State Board of Education may substitute the certification for
  695  one mathematics credit. Substitution may occur for up to two
  696  mathematics credits, except for Algebra I and Geometry.
  697         3. Three credits in science, two of which must have a
  698  laboratory component. One of the science credits must be Biology
  699  I. A student who takes Biology I after the 2010-2011 school year
  700  must take the statewide, standardized Biology I EOC assessment
  701  but is not required to pass the assessment to earn course
  702  credit. A student’s performance on the assessment is not
  703  required to constitute 30 percent of the student’s final course
  704  grade. A student who earns an industry certification for which
  705  there is a statewide college credit articulation agreement
  706  approved by the State Board of Education may substitute the
  707  certification for one science credit, except for Biology I.
  708         4. Three credits in social studies of which one credit in
  709  World History, one credit in United States History, one-half
  710  credit in United States Government, and one-half credit in
  711  economics are required. The statewide, standardized United
  712  States History EOC assessment constitutes 30 percent of the
  713  student’s final course grade.
  714         5. One credit in fine or performing arts, speech and
  715  debate, or practical arts as provided in paragraph (3)(e).
  716         6. One credit in physical education as provided in
  717  paragraph (3)(f).
  718         7. Eight credits in electives.
  719         8. One online course as provided in subsection (4).
  720         (e) Policy adopted in rule by the district school board may
  721  require for any cohort of students that performance on a
  722  statewide, standardized EOC assessment constitute 30 percent of
  723  a student’s final course grade.
  724         (f) This subsection is repealed July 1, 2020.
  725         Section 4. Paragraph (a) of subsection (1) of section
  726  1003.4285, Florida Statutes, is amended to read:
  727         1003.4285 Standard high school diploma designations.—
  728         (1) Each standard high school diploma shall include, as
  729  applicable, the following designations if the student meets the
  730  criteria set forth for the designation:
  731         (a) Scholar designation.—In addition to the requirements of
  732  s. 1003.4282, in order to earn the Scholar designation, a
  733  student must satisfy the following requirements:
  734         1. Mathematics.—Earn one credit in Algebra II and one
  735  credit in statistics or an equally rigorous course. Beginning
  736  with students entering grade 9 in the 2014-2015 school year,
  737  pass the Algebra II and Geometry statewide, standardized
  738  assessments.
  739         2. Science.—Pass the statewide, standardized Biology I EOC
  740  assessment and earn one credit in chemistry or physics and one
  741  credit in a course equally rigorous to chemistry or physics.
  742  However, a student enrolled in an Advanced Placement (AP),
  743  International Baccalaureate (IB), or Advanced International
  744  Certificate of Education (AICE) Biology course who takes the
  745  respective AP, IB, or AICE Biology assessment and earns the
  746  minimum score necessary to earn college credit as identified
  747  pursuant to s. 1007.27(2) meets the requirement of this
  748  subparagraph without having to take the statewide, standardized
  749  Biology I EOC assessment.
  750         3. Social studies.—Pass the statewide, standardized United
  751  States History EOC assessment. However, A student enrolled in an
  752  AP, IB, or AICE course that includes United States History
  753  topics who takes the respective AP, IB, or AICE assessment and
  754  earns the minimum score necessary to earn college credit as
  755  identified pursuant to s. 1007.27(2) meets the requirement of
  756  this subparagraph without having to take the statewide,
  757  standardized United States History EOC assessment.
  758         4. Foreign language.—Earn two credits in the same foreign
  759  language.
  760         5. Electives.—Earn at least one credit in an Advanced
  761  Placement, an International Baccalaureate, an Advanced
  762  International Certificate of Education, or a dual enrollment
  763  course.
  764         Section 5. Subsections (3), (4), and (5) and paragraphs (a)
  765  and (e) of subsection (7) of section 1008.22, Florida Statutes,
  766  are amended, and paragraph (g) is added to subsection (11), to
  767  read:
  768         1008.22 Student assessment program for public schools.—
  769         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  770  Commissioner of Education shall design and implement a
  771  statewide, standardized assessment program aligned to the core
  772  curricular content established in the Next Generation Sunshine
  773  State Standards. The commissioner also must develop or select
  774  and implement a common battery of assessment tools that will be
  775  used in all juvenile justice education programs in the state.
  776  These tools must accurately measure the core curricular content
  777  established in the Next Generation Sunshine State Standards.
  778  Participation in the assessment program is mandatory for all
  779  school districts and all students attending public schools,
  780  including adult students seeking a standard high school diploma
  781  under s. 1003.4282 and students in Department of Juvenile
  782  Justice education programs, except as otherwise provided by law.
  783  If a student does not participate in the assessment program, the
  784  school district must notify the student’s parent and provide the
  785  parent with information regarding the implications of such
  786  nonparticipation. The statewide, standardized assessment program
  787  shall be designed and implemented as follows:
  788         (a) Statewide, standardized comprehensive assessments.—The
  789  statewide, standardized Reading assessment shall be administered
  790  annually in grades 3 through 8 and grade 10. The statewide,
  791  standardized Writing assessment shall be administered annually
  792  at least once at the elementary, middle, and high school levels.
  793  When the Reading and Writing assessments are replaced by English
  794  Language Arts (ELA) assessments, ELA assessments shall be
  795  administered to students in grades 3 through 8 and annually in
  796  grade 10. Retake opportunities for the grade 10 Reading
  797  assessment or, upon implementation, the grade 10 ELA assessment
  798  must be provided. Students taking the ELA assessments may shall
  799  not take the statewide, standardized assessments in Reading or
  800  Writing. ELA assessments shall be administered online unless the
  801  provisions of paragraph (d) are implemented. The statewide,
  802  standardized Mathematics assessments shall be administered
  803  annually in grades 3 through 8, and shall be administered online
  804  unless the provisions of paragraph (d) are implemented. Students
  805  taking a revised Mathematics assessment may shall not take the
  806  discontinued assessment. The statewide, standardized Science
  807  assessment shall be administered annually at least once at the
  808  elementary and middle grades levels, and shall be administered
  809  online unless the provisions of paragraph (d) are implemented.
  810  In order to earn a standard high school diploma, a student who
  811  has not earned a passing score on the grade 10 Reading
  812  assessment or, upon implementation, the grade 10 ELA assessment
  813  or, upon implementation, a grade 10 nationally recognized high
  814  school assessment selected by a school district must earn a
  815  passing score on the assessment retake or earn a concordant
  816  score as authorized under subsection (8).
  817         (b) Algebra I and Biology I End-of-course (EOC)
  818  assessments.The Algebra I and Biology I EOC assessments must be
  819  statewide, standardized, and developed or approved by the
  820  Department of Education. as follows:
  821         1. EOC assessments for Algebra I and, Geometry, Algebra II,
  822  Biology I, United States History, and Civics shall be
  823  administered to students enrolled in such courses as specified
  824  in the course code directory.
  825         2. Students enrolled in Algebra I and Biology I a course,
  826  as specified in the course code directory, with an associated
  827  statewide, standardized EOC assessment must take the EOC
  828  assessment for such course and may not take the corresponding
  829  subject or grade-level statewide, standardized assessment
  830  pursuant to paragraph (a). Sections 1003.4156 and 1003.4282
  831  govern the use of statewide, standardized EOC assessment results
  832  for students.
  833         3. The commissioner may select one or more nationally
  834  developed comprehensive examinations, which may include
  835  examinations for a College Board Advanced Placement course,
  836  International Baccalaureate course, or Advanced International
  837  Certificate of Education course, or industry-approved
  838  examinations to earn national industry certifications identified
  839  in the CAPE Industry Certification Funding List, for use as the
  840  Algebra I and Biology I EOC assessments under this paragraph if
  841  the commissioner determines that the content knowledge and
  842  skills assessed by the examinations meet or exceed the grade
  843  level expectations for Algebra I and Biology I the core
  844  curricular content established for the course in the Next
  845  Generation Sunshine State Standards. Use of any such examination
  846  as an EOC assessment must be approved by the state board in
  847  rule.
  848         4. Contingent upon funding provided in the General
  849  Appropriations Act, including the appropriation of funds
  850  received through federal grants, the commissioner may establish
  851  an implementation schedule for the development and
  852  administration of additional statewide, standardized EOC
  853  assessments that must be approved by the state board in rule. If
  854  approved by the state board, student performance on such
  855  assessments constitutes 30 percent of a student’s final course
  856  grade.
  857         4.5.The Algebra I and Biology I All statewide,
  858  standardized EOC assessments must be administered online except
  859  as otherwise provided in paragraphs paragraph (c) and (d).
  860         (c) Students with disabilities; Florida Alternate
  861  Assessment.—
  862         1. Each district school board must provide instruction to
  863  prepare students with disabilities in the core content knowledge
  864  and skills necessary for successful grade-to-grade progression
  865  and high school graduation.
  866         2. A student with a disability, as defined in s. 1007.02,
  867  for whom the individual education plan (IEP) team determines
  868  that the statewide, standardized assessments under this section
  869  cannot accurately measure the student’s abilities, taking into
  870  consideration all allowable accommodations, shall have
  871  assessment results waived for the purpose of receiving a course
  872  grade and a standard high school diploma. Such waiver shall be
  873  designated on the student’s transcript. The statement of waiver
  874  shall be limited to a statement that performance on an
  875  assessment was waived for the purpose of receiving a course
  876  grade or a standard high school diploma, as applicable.
  877         3. The State Board of Education shall adopt rules, based
  878  upon recommendations of the commissioner, for the provision of
  879  assessment accommodations for students with disabilities and for
  880  students who have limited English proficiency.
  881         a. Accommodations that negate the validity of a statewide,
  882  standardized assessment are not allowed during the
  883  administration of the assessment. However, instructional
  884  accommodations are allowed in the classroom if identified in a
  885  student’s IEP. Students using instructional accommodations in
  886  the classroom that are not allowed on a statewide, standardized
  887  assessment may have assessment results waived if the IEP team
  888  determines that the assessment cannot accurately measure the
  889  student’s abilities.
  890         b. If a student is provided with instructional
  891  accommodations in the classroom that are not allowed as
  892  accommodations for statewide, standardized assessments, the
  893  district must inform the parent in writing and provide the
  894  parent with information regarding the impact on the student’s
  895  ability to meet expected performance levels. A parent must
  896  provide signed consent for a student to receive classroom
  897  instructional accommodations that would not be available or
  898  permitted on a statewide, standardized assessment and
  899  acknowledge in writing that he or she understands the
  900  implications of such instructional accommodations.
  901         c. If a student’s IEP states that online administration of
  902  a statewide, standardized assessment will significantly impair
  903  the student’s ability to perform, the assessment shall be
  904  administered in hard copy.
  905         4. For students with significant cognitive disabilities,
  906  the Department of Education shall provide for implementation of
  907  the Florida Alternate Assessment to accurately measure the core
  908  curricular content established in the Next Generation Sunshine
  909  State Standards.
  910         5. The Department of Education may expand the languages in
  911  which statewide, standardized assessments are administered. A
  912  school district shall be provided such assessments at no cost.
  913         (d) Nonelectronic option.The commissioner shall provide an
  914  alternative, nonelectronic option for the administration of the
  915  ELA statewide, standardized assessment, including Writing; the
  916  nationally recognized assessment approved pursuant to s.
  917  1008.223; the Mathematics statewide, standardized assessment;
  918  and the Algebra I and Biology I EOC assessments. The
  919  commissioner shall provide the nonelectronic option to reduce
  920  the time spent on assessments; increase instructional time for
  921  students; and ensure that students demonstrate more successfully
  922  a mastery of the standards being measured, that students have
  923  the time to develop the word processing and computer skills
  924  necessary to take any statewide, standardized assessment, and
  925  that school districts have the capacity on both the school and
  926  district levels to administer the assessments online.
  927         (e)(d)Implementation schedule.—
  928         1. The Commissioner of Education shall establish and
  929  publish on the department’s website an implementation schedule
  930  to transition from the statewide, standardized Reading and
  931  Writing assessments to the ELA assessments and to the revised
  932  Mathematics assessments, including the Algebra I and Geometry
  933  EOC assessment assessments. The schedule must take into
  934  consideration funding, sufficient field and baseline data,
  935  access to assessments, instructional alignment, and school
  936  district readiness to administer the assessments online. All
  937  such assessments must be delivered through computer-based
  938  testing, however, the following assessments must be delivered in
  939  a computer-based format, as follows: the grade 3 ELA assessment,
  940  beginning in the 2017-2018 school year; the grade 3 Mathematics
  941  assessment beginning in the 2016-2017 school year; the grade 4
  942  ELA assessment, beginning in the 2015-2016 school year; and the
  943  grade 4 Mathematics assessment, beginning in the 2016-2017
  944  school year.
  945         2. The Department of Education shall publish minimum and
  946  recommended technology requirements that include specifications
  947  for hardware, software, networking, security, and broadband
  948  capacity to facilitate school district compliance with the
  949  requirement that assessments be administered online.
  950         (f)(e)Assessment scores and achievement levels.—
  951         1. The All statewide, standardized Algebra I EOC assessment
  952  assessments and ELA, Mathematics, and Science assessments shall
  953  use scaled scores and achievement levels. Achievement levels
  954  shall range from 1 through 5, with level 1 being the lowest
  955  achievement level, level 5 being the highest achievement level,
  956  and level 3 indicating satisfactory performance on an
  957  assessment.
  958         2. The state board shall designate by rule a passing score
  959  for each statewide, standardized assessment.
  960         3. If the commissioner seeks to revise a statewide,
  961  standardized assessment and the revisions require the state
  962  board to modify performance level scores, including the passing
  963  score, the commissioner shall provide a copy of the proposed
  964  scores and implementation plan to the President of the Senate
  965  and the Speaker of the House of Representatives at least 90 days
  966  before submission to the state board for review. Until the state
  967  board adopts the modifications by rule, the commissioner shall
  968  use calculations for scoring the assessment that adjust student
  969  scores on the revised assessment for statistical equivalence to
  970  student scores on the former assessment. The state board shall
  971  adopt by rule the passing score for the revised assessment that
  972  is statistically equivalent to the passing score on the
  973  discontinued assessment for a student who is required to attain
  974  a passing score on the discontinued assessment. The commissioner
  975  may, with approval of the state board, discontinue
  976  administration of the former assessment upon the graduation,
  977  based on normal student progression, of students participating
  978  in the final regular administration of the former assessment. If
  979  the commissioner revises a statewide, standardized assessment
  980  and the revisions require the state board to modify the passing
  981  score, only students taking the assessment for the first time
  982  after the rule is adopted are affected.
  983         (g)(f)Prohibited activities.—A district school board shall
  984  prohibit each public school from suspending a regular program of
  985  curricula for purposes of administering practice assessments or
  986  engaging in other assessment-preparation activities for a
  987  statewide, standardized assessment. However, a district school
  988  board may authorize a public school to engage in the following
  989  assessment-preparation activities:
  990         1. Distributing to students sample assessment books and
  991  answer keys published by the Department of Education.
  992         2. Providing individualized instruction in assessment
  993  taking strategies, without suspending the school’s regular
  994  program of curricula, for a student who scores Level 1 or Level
  995  2 on a prior administration of an assessment.
  996         3. Providing individualized instruction in the content
  997  knowledge and skills assessed, without suspending the school’s
  998  regular program of curricula, for a student who scores Level 1
  999  or Level 2 on a prior administration of an assessment or a
 1000  student who, through a diagnostic assessment administered by the
 1001  school district, is identified as having a deficiency in the
 1002  content knowledge and skills assessed.
 1003         4. Administering a practice assessment or engaging in other
 1004  assessment-preparation activities that are determined necessary
 1005  to familiarize students with the organization of the assessment,
 1006  the format of assessment items, and the assessment directions or
 1007  that are otherwise necessary for the valid and reliable
 1008  administration of the assessment, as set forth in rules adopted
 1009  by the State Board of Education with specific reference to this
 1010  paragraph.
 1011         (h)(g)Contracts for assessments.—
 1012         1. The commissioner shall provide for the assessments to be
 1013  developed or obtained, as appropriate, through contracts and
 1014  project agreements with private vendors, public vendors, public
 1015  agencies, postsecondary educational institutions, or school
 1016  districts.
 1017         2. The commissioner shall implement s. 1008.223, relating
 1018  to the selection by school districts of a nationally recognized
 1019  high school assessment as an alternate assessment for high
 1020  school.
 1021         3. The commissioner may enter into contracts for the
 1022  continued administration of the assessments authorized and
 1023  funded by the Legislature. Contracts may be initiated in 1
 1024  fiscal year and continue into the next fiscal year and may be
 1025  paid from the appropriations of either or both fiscal years. The
 1026  commissioner may negotiate for the sale or lease of tests,
 1027  scoring protocols, test scoring services, and related materials
 1028  developed pursuant to law.
 1029         4.2. A student’s performance results on statewide,
 1030  standardized assessments, Algebra I and Biology I EOC
 1031  assessments, and Florida Alternative Assessments administered
 1032  pursuant to this subsection must be provided to the student’s
 1033  teachers and parents within 30 days or by the end of the school
 1034  year, whichever occurs earlier, unless the commissioner
 1035  determines that extenuating circumstances exist and reports the
 1036  extenuating circumstances to the State Board of Education and to
 1037  school districts. This subparagraph does not apply to existing
 1038  contracts for such assessments, but applies shall apply to new
 1039  contracts and any renewal of existing contracts for such
 1040  assessments. The Department of Education shall conduct a study
 1041  to identify barriers to and make recommendations for improving
 1042  student performance results within 72 hours after completion of
 1043  all statewide, standardized assessments, the Algebra I and
 1044  Biology I EOC assessments, and any nationally recognized high
 1045  school assessment selected by a school district as an alternate
 1046  assessment pursuant to s. 1008.223. Recommendations may include
 1047  modification of assessment administration for students with
 1048  disabilities. A report of the study shall be submitted to the
 1049  State Board of Education, the Governor, the President of the
 1050  Senate, and the Speaker of the House of Representatives no later
 1051  than January 31, 2018.
 1052         5. The administration of the statewide, standardized ELA
 1053  and Mathematics assessments in grades 3 through 8 may not occur
 1054  earlier than the last 4 weeks of school.
 1055         6.3. If liquidated damages are applicable, the department
 1056  shall collect liquidated damages that are due in response to the
 1057  administration of the spring 2015 computer-based assessments of
 1058  the department’s Florida Standards Assessment contract with
 1059  American Institutes for Research, and expend the funds to
 1060  reimburse parties that incurred damages.
 1061         (4) SCHOOL PARTICIPATION IN THE STATEWIDE, STANDARDIZED
 1062  ASSESSMENT PROGRAM.—Each public school shall participate in the
 1063  statewide, standardized assessment program in accordance with
 1064  the assessment and reporting schedules and the minimum and
 1065  recommended technology requirements published by the
 1066  Commissioner of Education. A district school superintendent
 1067  shall notify the commissioner of the schools that will use a
 1068  nonelectronic option, and the commissioner shall provide an
 1069  alternative, nonelectronic option to the school district for the
 1070  successful and timely administration of the statewide,
 1071  standardized assessments and the reporting of assessment results
 1072  to the Department of Education, as specified in paragraph
 1073  (3)(d). District school boards may shall not establish school
 1074  calendars that conflict with or jeopardize implementation of the
 1075  assessment program. All district school boards shall report
 1076  assessment results using the state management information
 1077  system. Performance data shall be analyzed and reported to
 1078  parents, the community, and the state. Student performance data
 1079  shall be used by districts in developing objectives for the
 1080  school improvement plan, evaluating instructional personnel and
 1081  administrative personnel, assigning staff, allocating resources,
 1082  acquiring instructional materials and technology, implementing
 1083  performance-based budgeting, and promoting and assigning
 1084  students to educational programs. The analysis of student
 1085  performance data must also identify strengths and needs in the
 1086  educational program and trends over time. The analysis must be
 1087  used in conjunction with the budgetary planning processes
 1088  developed pursuant to s. 1008.385 and the development of
 1089  remediation programs.
 1090         (5) REQUIRED ANALYSES.—The commissioner shall provide, at a
 1091  minimum, statewide, standardized assessment data analysis
 1092  showing student achievement levels and Learning Gains by
 1093  teacher, school, and school district. As part of the analysis,
 1094  the commissioner shall provide all of the following information
 1095  to school districts for student achievement levels and Learning
 1096  Gains on each statewide, standardized assessment:
 1097         (a) The percent of correct items by cognitive complexity.
 1098         (b) The percent of correct items for each measured
 1099  standard.
 1100         (c) The identification of each standard measured on the
 1101  assessment.
 1102         (d) At item analysis of the standard measured on each
 1103  assessment.
 1104         (e) The reading level at which each reading assessment is
 1105  administered.
 1106         (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
 1107         (a) The Commissioner of Education shall establish schedules
 1108  for the administration of statewide, standardized assessments
 1109  and the reporting of student assessment results. The
 1110  commissioner shall consider the observance of religious and
 1111  school holidays when developing the schedules. The assessment
 1112  and reporting schedules must provide the earliest possible
 1113  reporting of student assessment results to the school districts,
 1114  consistent with the requirements of paragraph (3)(h) (3)(g).
 1115  Assessment results for the statewide, standardized ELA and
 1116  Mathematics assessments and the all statewide, standardized
 1117  Algebra I and Biology I EOC assessments must be made available
 1118  no later than the week of June 8, except for results of
 1119  assessments administered in the 2014-2015 school year. School
 1120  districts shall administer statewide, standardized assessments
 1121  in accordance with the schedule established by the commissioner.
 1122         (e) The Algebra I and Biology I A statewide, standardized
 1123  EOC assessments assessment must be used as the final cumulative
 1124  examination for its associated course. No additional final
 1125  assessment may be administered in an Algebra I or Biology I a
 1126  course with a statewide, standardized EOC assessment. A
 1127  district-required local assessment may be used as the final
 1128  cumulative examination for its associated course in accordance
 1129  with the school district’s policy.
 1130         (11) REPORTS.—The Department of Education shall annually
 1131  provide a report to the Governor, the President of the Senate,
 1132  and the Speaker of the House of Representatives which shall
 1133  include the following:
 1134         (g) A summary of the analysis required under subsection
 1135  (5).
 1136         Section 6. Section 1008.223, Florida Statutes, is created
 1137  to read:
 1138         1008.223 Selection of a nationally recognized alternate
 1139  high school assessment.—
 1140         (1) PURPOSE.—
 1141         (a) This section provides a school district the option of
 1142  selecting a nationally recognized high school assessment in lieu
 1143  of administering the Florida Standards Assessment to students in
 1144  grade 10, and is in compliance with the federal Every Student
 1145  Succeeds Act provisions authorizing the selection by a school
 1146  district of a nationally recognized high school assessment to
 1147  administer as an alternate assessment in high school.
 1148         (b) The student assessment program in high school must be
 1149  implemented in a way that does not substantially disrupt
 1150  instruction to students or displace students from using a
 1151  classroom computer that is needed for instruction. The
 1152  assessment results must be returned within 30 days after
 1153  administration of the assessment or by the end of the school
 1154  year, whichever occurs earlier, to allow a student and parent to
 1155  know whether the student is achieving at grade level and to
 1156  allow the school district to make more timely decisions
 1157  regarding promotion, retention, summer school placement, and
 1158  scheduling for the next school year. A nationally recognized
 1159  high school assessment that is substantially aligned with the
 1160  applicable state standards will allow a parent to know how a
 1161  student compares nationally and even internationally.
 1162         (2) RESPONSIBILITIES OF THE COMMISSIONER OF EDUCATION.—In
 1163  addition to the requirements of s. 1008.22, the commissioner
 1164  shall provide an approved list of nationally recognized high
 1165  school assessments from which a school district may select as an
 1166  alternate assessment to administer to students in grade 10 for
 1167  English Language Arts in lieu of the Florida Standards
 1168  Assessment.
 1169         (a) The nationally recognized high school assessment must
 1170  meet all of the following requirements:
 1171         1. Be available to school districts no later than the 2018
 1172  2019 school year;
 1173         2. Be substantially aligned with the Next Generation
 1174  Sunshine State Standards;
 1175         3. Provide for differentiation and comparability between
 1176  schools and districts;
 1177         4. Provide the same or additional accommodations to
 1178  students with disabilities and other students which are provided
 1179  for the Florida Standards Assessment and other statewide,
 1180  standardized assessments;
 1181         5. Meet applicable assessment security requirements
 1182  determined by the commissioner for the state and for school
 1183  districts;
 1184         6. Meet reasonable technical specification requirements
 1185  determined by the commissioner which allow for implementation by
 1186  the state and by school districts; and
 1187         7. Satisfy any threshold legal requirement, including, but
 1188  not limited to, the standard set forth in Debra P. v.
 1189  Turlington, 474 F. Supp. 244 (M.D. Fla. 1979).
 1190         (b) The commissioner must use an invitation to negotiate,
 1191  as defined in s. 287.012, to fulfill the requirements of this
 1192  section. The commissioner must require each entity that responds
 1193  to an invitation to negotiate to include information
 1194  demonstrating compliance with paragraph (a).
 1195         (c) The commissioner shall consult with and receive
 1196  recommendations for alternate assessments from education
 1197  stakeholders, including district school superintendents, testing
 1198  and measurement administrators, curriculum directors,
 1199  principals, teachers, and other educators who have experience
 1200  and expertise in the administration of high school assessments.
 1201         (d) The nationally recognized high school assessment, if
 1202  administered, satisfies the high school graduation requirements
 1203  contained in s. 1003.4282.
 1204         (3) RESPONSIBILITIES OF SCHOOL DISTRICTS.—A district school
 1205  superintendent may recommend, and the school board may approve,
 1206  the administration of the state-approved nationally recognized
 1207  high school assessment to be administered in lieu of the Florida
 1208  Standards Assessment in grade 10. Administrators, teachers, and
 1209  parents of high school students must be notified at the
 1210  beginning of each school year that an assessment other than the
 1211  Florida Standards Assessment will be administered in grade 10.
 1212         Section 7. Paragraph (a) of subsection (8) of section
 1213  1008.25, Florida Statutes, is amended to read:
 1214         1008.25 Public school student progression; student support;
 1215  reporting requirements.—
 1216         (8) ANNUAL REPORT.—
 1217         (a) In addition to the requirements in paragraph (5)(b),
 1218  each district school board must annually report to the parent of
 1219  each student the progress of the student toward achieving state
 1220  and district expectations for proficiency in English Language
 1221  Arts, science, social studies, and mathematics. The district
 1222  school board must report to the parent the student’s results on
 1223  each statewide, standardized assessment. The report must include
 1224  the results of the analysis required under s. 1008.22(5). The
 1225  evaluation of each student’s progress must be based upon the
 1226  student’s classroom work, observations, tests, district and
 1227  state assessments, and other relevant information. Progress
 1228  reporting must be provided to the parent in writing in a format
 1229  adopted by the district school board.
 1230         Section 8. Paragraph (b) of subsection (1), paragraphs (a)
 1231  and (b) of subsection (3), and subsections (4), (6), and (7) of
 1232  section 1008.34, Florida Statutes, are amended to read:
 1233         1008.34 School grading system; school report cards;
 1234  district grade.—
 1235         (1) DEFINITIONS.—For purposes of the statewide,
 1236  standardized assessment program and school grading system, the
 1237  following terms are defined:
 1238         (b) “Learning Gains,” “annual learning gains,” or “student
 1239  learning gains” means the degree of student learning growth
 1240  occurring from one school year to the next as required by state
 1241  board rule for purposes of calculating school grades under this
 1242  section. For the purpose of school grades, maintaining
 1243  achievement level 3, level 4, or level 5 or increasing such
 1244  achievement level constitutes Learning Gains.
 1245         (3) DESIGNATION OF SCHOOL GRADES.—
 1246         (a) Each school must assess at least 95 percent of its
 1247  eligible students, except as provided under s. 1008.341 for
 1248  alternative schools. Each school shall receive a school grade
 1249  based on the school’s performance on the components listed in
 1250  subparagraphs (b)1. and 2. If a school does not have at least 10
 1251  students with complete data for one or more of the components
 1252  listed in subparagraphs (b)1. and 2., those components may not
 1253  be used in calculating the school’s grade. In addition to
 1254  statewide, standardized assessments, a school grade shall be
 1255  based on any nationally recognized high school assessment used
 1256  pursuant to s. 1008.223, an assessment used for concordant
 1257  scores pursuant to s. 1008.22(8), and any comparative score for
 1258  an end-of-course assessment used pursuant to s. 1008.22(9). The
 1259  grades for acceleration courses taken in middle school must also
 1260  be reflected in the school grade for the high school to which
 1261  the student will transfer.
 1262         1. An alternative school may choose to receive a school
 1263  grade under this section or a school improvement rating under s.
 1264  1008.341. For charter schools that meet the definition of an
 1265  alternative school pursuant to State Board of Education rule,
 1266  the decision to receive a school grade is the decision of the
 1267  charter school governing board.
 1268         2. A school that serves any combination of students in
 1269  kindergarten through grade 3 and that does not receive a school
 1270  grade because its students are not tested and included in the
 1271  school grading system shall receive the school grade designation
 1272  of a K-3 feeder pattern school identified by the Department of
 1273  Education and verified by the school district. A school feeder
 1274  pattern exists if at least 60 percent of the students in the
 1275  school serving a combination of students in kindergarten through
 1276  grade 3 are scheduled to be assigned to the graded school.
 1277         3. If a collocated school does not earn a school grade or
 1278  school improvement rating for the performance of its students,
 1279  the student performance data of all schools operating at the
 1280  same facility must be aggregated to develop a school grade that
 1281  will be assigned to all schools at that location. A collocated
 1282  school is a school that has its own unique master school
 1283  identification number, provides for the education of each of its
 1284  enrolled students, and operates at the same facility as another
 1285  school that has its own unique master school identification
 1286  number and provides for the education of each of its enrolled
 1287  students.
 1288         (b)1. Beginning with the 2014-2015 school year, a school’s
 1289  grade shall be based on the following components, each worth 100
 1290  points:
 1291         a. The percentage of eligible students passing statewide,
 1292  standardized assessments in English Language Arts under s.
 1293  1008.22(3).
 1294         b. The percentage of eligible students passing statewide,
 1295  standardized assessments in mathematics under s. 1008.22(3).
 1296         c. The percentage of eligible students passing statewide,
 1297  standardized assessments in science under s. 1008.22(3).
 1298         d. The percentage of eligible students passing statewide,
 1299  standardized assessments in social studies under s. 1008.22(3).
 1300         d.e. The percentage of eligible students who make Learning
 1301  Gains in English Language Arts as measured by statewide,
 1302  standardized assessments administered under s. 1008.22(3).
 1303         e.f. The percentage of eligible students who make Learning
 1304  Gains in mathematics as measured by statewide, standardized
 1305  assessments administered under s. 1008.22(3).
 1306         f.g. The percentage of eligible students in the lowest 25
 1307  percent in English Language Arts, as identified by prior year
 1308  performance on statewide, standardized assessments, who make
 1309  Learning Gains as measured by statewide, standardized English
 1310  Language Arts assessments administered under s. 1008.22(3).
 1311         g.h. The percentage of eligible students in the lowest 25
 1312  percent in mathematics, as identified by prior year performance
 1313  on statewide, standardized assessments, who make Learning Gains
 1314  as measured by statewide, standardized Mathematics assessments
 1315  administered under s. 1008.22(3).
 1316         h.i. For schools consisting comprised of middle grades 6
 1317  through 8 or grades 7 and 8, the percentage of eligible students
 1318  passing high school level statewide, standardized end-of-course
 1319  assessments or attaining national industry certifications
 1320  identified in the CAPE Industry Certification Funding List
 1321  pursuant to rules adopted by the State Board of Education.
 1322  
 1323  In calculating Learning Gains for the components listed in sub
 1324  subparagraphs d.-g. e.-h., the State Board of Education shall
 1325  require that learning growth toward achievement levels 3, 4, and
 1326  5 is demonstrated by students who scored below or remained at
 1327  achievement level 3, level 4, or level 5 each of those levels in
 1328  the prior year. In calculating the components in sub
 1329  subparagraphs a.-c. a.-d., the state board shall include the
 1330  performance of English language learners only if they have been
 1331  enrolled in a school in the United States for more than 2 years.
 1332         2. For a school consisting comprised of grades 9, 10, 11,
 1333  and 12, or grades 10, 11, and 12, the school’s grade shall also
 1334  be based on the following components, each worth 100 points:
 1335         a. The 4-year high school graduation rate of the school as
 1336  defined by state board rule.
 1337         b. The percentage of students who were eligible to earn
 1338  college and career credit through College Board Advanced
 1339  Placement examinations, International Baccalaureate
 1340  examinations, dual enrollment courses, or Advanced International
 1341  Certificate of Education examinations; or who, at any time
 1342  during high school, earned national industry certification
 1343  identified in the CAPE Industry Certification Funding List,
 1344  pursuant to rules adopted by the state board.
 1345         (4) SCHOOL REPORT CARD.—The Department of Education shall
 1346  annually develop, in collaboration with the school districts, a
 1347  school report card to be provided by the school district to
 1348  parents within the district. The report card shall include the
 1349  school’s grade; student performance in English Language Arts,
 1350  mathematics and, science, and social studies; information
 1351  regarding school improvement; an explanation of school
 1352  performance as evaluated by the federal Elementary and Secondary
 1353  Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators
 1354  of return on investment. The report card must incorporate the
 1355  summary results of the analysis required in s. 1008.22(5). Each
 1356  school’s report card shall be published annually by the
 1357  department on its website based upon the most recent data
 1358  available.
 1359         (6) 2018-2019 SCHOOL GRADE CALCULATION.—
 1360         (a) Beginning with the 2018-2019 school year, the school’s
 1361  grade shall also be based on the following components:
 1362         1.The extended-year adjusted cohort graduation rate for
 1363  schools consisting of grades 9, 10, 11, and 12, or grades 10,
 1364  11, and 12.
 1365         2. At least one indicator of school quality or student
 1366  access which is measurable and may include, but is not limited
 1367  to, student engagement; educator engagement; student access to
 1368  and completion of advanced coursework, postsecondary readiness,
 1369  school climate and safety; student attendance; or student
 1370  persistence, for at least 10 percent of the school grade.
 1371         (b) Learning Gains shall be calculated in English Language
 1372  Arts for students who take the statewide, standardized
 1373  assessment or the approved nationally recognized high school
 1374  assessment. The Learning Gains shall be calculated based on the
 1375  performance on the English Language Arts assessments
 1376  administered in grade 8 under s. 1008.22(3).
 1377         (c) The commissioner shall develop models that may be used
 1378  for differentiation and comparability between schools and
 1379  districts that use an approved nationally recognized high school
 1380  assessment pursuant to s. 1008.223.
 1381         (7) RULES.—The State Board of Education shall adopt rules
 1382  under ss. 120.536(1) and 120.54 to administer this section.
 1383         (7) TRANSITION.—School grades pursuant to this section and
 1384  school improvement ratings pursuant to s. 1008.341 for the 2013
 1385  2014 school year shall be calculated based on statutes and rules
 1386  in effect on June 30, 2014. To assist in the transition to 2014
 1387  2015 school grades and school improvement ratings, calculated
 1388  based on new statewide, standardized assessments administered
 1389  pursuant to s. 1008.22, the 2014-2015 school grades and school
 1390  improvement ratings shall serve as an informational baseline for
 1391  schools to work toward improved performance in future years.
 1392  Accordingly, notwithstanding any other provision of law:
 1393         (a) A school may not be required to select and implement a
 1394  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
 1395  year based on the school’s 2014-2015 grade or school improvement
 1396  rating under s. 1008.341, as applicable. The benefits of s.
 1397  1008.33(4)(c), relating to a school being released from
 1398  implementation of the turnaround option, and s. 1008.33(4)(d),
 1399  relating to a school implementing strategies identified in its
 1400  school improvement plan, apply to a school using turnaround
 1401  options pursuant to s. 1008.33 which improves at least one
 1402  letter grade during the 2014-2015 school year.
 1403         (b)1. A school or approved provider under s. 1002.45 which
 1404  receives the same or a lower school grade or school improvement
 1405  rating for the 2014-2015 school year compared to the 2013-2014
 1406  school year is not subject to sanctions or penalties that would
 1407  otherwise occur as a result of the 2014-2015 school grade or
 1408  rating. A charter school system or a school district designated
 1409  as high performing may not lose the designation based on the
 1410  2014-2015 school grades of any of the schools within the charter
 1411  school system or school district, as applicable.
 1412         2. The Florida School Recognition Program established under
 1413  s. 1008.36 shall continue to be implemented as otherwise
 1414  provided in the General Appropriations Act.
 1415         (c) Until such time as an independent verification of the
 1416  psychometric validity of the statewide, standardized assessments
 1417  first implemented in 2014-2015 is provided, for purposes of
 1418  grade 3 English Language Arts student performance and high
 1419  school graduation requirements pursuant to s. 1003.4282, student
 1420  performance on the 2014-2015 statewide, standardized assessments
 1421  shall be linked to 2013-2014 student performance expectations.
 1422  Students who score in the bottom quintile on the 2014-2015 grade
 1423  3 English Language Arts assessment shall be identified as
 1424  students at risk of retention. School districts must notify
 1425  parents of such students, provide evidence as outlined in s.
 1426  1008.25(6)(b), and provide the appropriate intervention and
 1427  support services for student success in grade 4.
 1428  
 1429  This subsection is repealed July 1, 2017.
 1430         Section 9. Paragraph (d) is added to subsection (5) of
 1431  section 1008.345, Florida Statutes, to read:
 1432         1008.345 Implementation of state system of school
 1433  improvement and education accountability.—
 1434         (5) The commissioner shall report to the Legislature and
 1435  recommend changes in state policy necessary to foster school
 1436  improvement and education accountability. The report shall
 1437  include:
 1438         (d) The results of the analysis required under s.
 1439  1008.22(5).
 1440  
 1441  School reports shall be distributed pursuant to this subsection
 1442  and s. 1001.42(18)(c) and according to rules adopted by the
 1443  State Board of Education.
 1444         Section 10. Paragraphs (b) and (c) of subsection (1),
 1445  paragraph (a) of subsection (3), and subsections (6) through (9)
 1446  of section 1012.34, Florida Statutes, are amended to read:
 1447         1012.34 Personnel evaluation procedures and criteria.—
 1448         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 1449         (b) The department must approve each school district’s
 1450  instructional personnel and school administrator evaluation
 1451  systems. The department shall monitor each district’s
 1452  implementation of its instructional personnel and school
 1453  administrator evaluation systems for compliance with the
 1454  requirements of this section.
 1455         (c) Annually, by February 1, the Commissioner of Education
 1456  shall publish on the department’s website the status of each
 1457  school district’s instructional personnel and school
 1458  administrator evaluation systems. This information must include:
 1459         1. performance evaluation results for the prior school year
 1460  for instructional personnel and school administrators using the
 1461  four levels of performance specified in paragraph (2)(e). The
 1462  performance evaluation results for instructional personnel shall
 1463  be disaggregated by classroom teachers, as defined in s.
 1464  1012.01(2)(a), excluding substitute teachers, and all other
 1465  instructional personnel, as defined in s. 1012.01(2)(b)-(d).
 1466         2. An analysis that compares performance evaluation results
 1467  calculated by each school district to indicators of performance
 1468  calculated by the department using the standards for performance
 1469  levels adopted by the state board under subsection (8).
 1470         3. Data reported under s. 1012.341.
 1471         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 1472  personnel and school administrator performance evaluations must
 1473  be based upon the performance of students assigned to their
 1474  classrooms or schools, as provided in this section. Pursuant to
 1475  this section, a school district’s performance evaluation system
 1476  is not limited to basing unsatisfactory performance of
 1477  instructional personnel and school administrators solely upon
 1478  student performance, but may include other criteria to evaluate
 1479  instructional personnel and school administrators’ performance,
 1480  or any combination of student performance and other criteria.
 1481  Evaluation procedures and criteria must comply with, but are not
 1482  limited to, the following:
 1483         (a) A performance evaluation must be conducted for each
 1484  employee at least once a year, except that a classroom teacher,
 1485  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 1486  who is newly hired by the district school board must be observed
 1487  and evaluated at least twice in the first year of teaching in
 1488  the school district. The performance evaluation must be based
 1489  upon sound educational principles and contemporary research in
 1490  effective educational practices. The evaluation criteria must
 1491  include:
 1492         1. Performance of students.—At least one-third of a
 1493  performance evaluation must be based upon data and indicators of
 1494  student performance in accordance with subsection (7). This
 1495  portion of the evaluation must include growth or achievement
 1496  data of the teacher’s students or, for a school administrator,
 1497  the students attending the school over the course of at least 3
 1498  years. If less than 3 years of data are available, the years for
 1499  which data are available must be used. The proportion of growth
 1500  or achievement data may be determined by instructional
 1501  assignment.
 1502         2. Instructional practice.—For instructional personnel, the
 1503  remainder at least one-third of the performance evaluation must
 1504  be based upon instructional practice and other indicators of
 1505  performance. The performance evaluation must include, but is not
 1506  limited to, practices and indicators that relate to the
 1507  following:
 1508         a. Comprehensive knowledge of the subject taught;
 1509         b. Instruction in the applicable Next Generation Sunshine
 1510  State Standards with rigor and fidelity;
 1511         c. The planning and delivery of instruction using
 1512  technology in the classroom;
 1513         d.The application of data from assessments and measures to
 1514  diagnose learning needs and to use applicable instructional
 1515  strategies;
 1516         e. The ability to maintain appropriate classroom
 1517  discipline;
 1518         f. The ability to establish and maintain a positive
 1519  collaborative relationship with students’ families to increase
 1520  student achievement;
 1521         g. Adherence to the Code of Ethics and the Principles of
 1522  Professional Conduct for the Education Profession in Florida;
 1523  and
 1524         h. Adherence to the Florida Educator Accomplished Practices
 1525  and other professional competencies, responsibilities, and
 1526  requirements as established by rules of the State Board of
 1527  Education and policies of the district school board.
 1528  
 1529  Evaluation criteria used when annually observing classroom
 1530  teachers, as defined in s. 1012.01(2)(a), excluding substitute
 1531  teachers, must include indicators based upon each of the Florida
 1532  Educator Accomplished Practices adopted by the State Board of
 1533  Education. For instructional personnel who are not classroom
 1534  teachers, evaluation criteria must be based upon indicators of
 1535  the Florida Educator Accomplished Practices and may include
 1536  specific job expectations related to student support.
 1537         3. Instructional leadership.—For school administrators, the
 1538  remainder at least one-third of the performance evaluation must
 1539  be based on the Florida Principal Leadership Standards and other
 1540  indicators of performance instructional leadership. Evaluation
 1541  criteria for instructional leadership must include indicators
 1542  based upon each of the leadership standards adopted by the State
 1543  Board of Education under s. 1012.986, including performance
 1544  measures related to the effectiveness of classroom teachers in
 1545  the school, the administrator’s appropriate use of evaluation
 1546  criteria and procedures, recruitment and retention of effective
 1547  and highly effective classroom teachers, improvement in the
 1548  percentage of instructional personnel evaluated at the highly
 1549  effective or effective level, and other leadership practices
 1550  that result in student learning growth. The system may include a
 1551  means to give parents and instructional personnel an opportunity
 1552  to provide input into the administrator’s performance
 1553  evaluation.
 1554         4. Other indicators of performance.—For instructional
 1555  personnel and school administrators, the remainder of a
 1556  performance evaluation may include, but is not limited to,
 1557  professional and job responsibilities as recommended by the
 1558  State Board of Education or identified by the district school
 1559  board and, for instructional personnel, peer reviews,
 1560  objectively reliable survey information from students and
 1561  parents based on teaching practices that are consistently
 1562  associated with higher student achievement, and other valid and
 1563  reliable measures of instructional practice.
 1564         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 1565  EVALUATION SYSTEMS.—The district school board shall establish a
 1566  procedure for annually reviewing instructional personnel and
 1567  school administrator evaluation systems to determine compliance
 1568  with this section. All substantial revisions to the an approved
 1569  system must be reviewed and approved by the district school
 1570  board before being used to evaluate instructional personnel or
 1571  school administrators. Upon request by a school district, the
 1572  department shall provide assistance in developing, improving, or
 1573  reviewing an evaluation system.
 1574         (7) MEASUREMENT OF STUDENT PERFORMANCE.—
 1575         (a) The Commissioner of Education shall approve a formula
 1576  to measure individual student learning growth on the statewide,
 1577  standardized assessments in English Language Arts and
 1578  mathematics administered under s. 1008.22. The formula must take
 1579  into consideration each student’s prior academic performance.
 1580  The formula must not set different expectations for student
 1581  learning growth based upon a student’s gender, race, ethnicity,
 1582  or socioeconomic status. In the development of the formula, the
 1583  commissioner shall consider other factors such as a student’s
 1584  attendance record, disability status, or status as an English
 1585  language learner. The commissioner may select additional
 1586  formulas to measure student performance as appropriate for the
 1587  remainder of the statewide, standardized assessments included
 1588  under s. 1008.22 and continue to select formulas as new
 1589  assessments are implemented in the state system. After the
 1590  commissioner approves the formula to measure individual student
 1591  learning growth, the State Board of Education shall adopt these
 1592  formulas in rule.
 1593         (b) Each school district shall measure student learning
 1594  growth using the formulas approved by the commissioner under
 1595  paragraph (a) and the standards for performance levels adopted
 1596  by the state board under subsection (8) for courses associated
 1597  with the statewide, standardized assessments administered under
 1598  s. 1008.22 no later than the school year immediately following
 1599  the year the formula is approved by the commissioner. For grades
 1600  and subjects not assessed by statewide, standardized
 1601  assessments, each school district shall measure student
 1602  performance using a methodology determined by the district.
 1603         (7)(8) RULEMAKING.—No later than August 1, 2015, The State
 1604  Board of Education shall adopt rules pursuant to ss. 120.536(1)
 1605  and 120.54 which establish uniform procedures and format for the
 1606  monitoring submission, review, and approval of district
 1607  evaluation systems and reporting requirements for the annual
 1608  evaluation of instructional personnel and school administrators;
 1609  specific, discrete standards for each performance level required
 1610  under subsection (2), based on student learning growth models
 1611  approved by the commissioner, to ensure clear and sufficient
 1612  differentiation in the performance levels and to provide
 1613  consistency in meaning across school districts; the measurement
 1614  of student learning growth and associated implementation
 1615  procedures required under subsection (7); and a process for
 1616  monitoring school district implementation of evaluation systems
 1617  in accordance with this section.
 1618         (9)TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS.
 1619  Standards for each performance level required under subsection
 1620  (2) shall be established by the State Board of Education
 1621  beginning with the 2015-2016 school year.
 1622         Section 11. Paragraph (e) of subsection (2) of section
 1623  1002.331, Florida Statutes, is amended to read:
 1624         1002.331 High-performing charter schools.—
 1625         (2) A high-performing charter school is authorized to:
 1626         (e) Receive a modification of its charter to a term of 15
 1627  years or a 15-year charter renewal. The charter may be modified
 1628  or renewed for a shorter term at the option of the high
 1629  performing charter school. The charter must be consistent with
 1630  s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
 1631  subject to annual review by the sponsor, and may be terminated
 1632  during its term pursuant to s. 1002.33(8).
 1633  
 1634  A high-performing charter school shall notify its sponsor in
 1635  writing by March 1 if it intends to increase enrollment or
 1636  expand grade levels the following school year. The written
 1637  notice shall specify the amount of the enrollment increase and
 1638  the grade levels that will be added, as applicable. If a charter
 1639  school notifies the sponsor of its intent to expand, the sponsor
 1640  shall modify the charter within 90 days to include the new
 1641  enrollment maximum and may not make any other changes. The
 1642  sponsor may deny a request to increase the enrollment of a high
 1643  performing charter school if the commissioner has declassified
 1644  the charter school as high-performing. If a high-performing
 1645  charter school requests to consolidate multiple charters, the
 1646  sponsor shall have 40 days after receipt of that request to
 1647  provide an initial draft charter to the charter school. The
 1648  sponsor and charter school shall have 50 days thereafter to
 1649  negotiate and notice the charter contract for final approval by
 1650  the sponsor.
 1651         Section 12. Paragraph (b) of subsection (2) of section
 1652  1012.341, Florida Statutes, is amended to read:
 1653         1012.341 Exemption from performance evaluation system and
 1654  compensation and salary schedule requirements.—
 1655         (2) By October 1 annually, the superintendent of
 1656  Hillsborough County School District shall attest, in writing, to
 1657  the Commissioner of Education that:
 1658         (b) The instructional personnel and school administrator
 1659  evaluation systems adopt the Commissioner of Education’s student
 1660  learning growth formula for statewide assessments as provided
 1661  under s. 1012.34 s. 1012.34(7).
 1662  
 1663  This section is repealed August 1, 2017, unless reviewed and
 1664  reenacted by the Legislature.
 1665         Section 13. Paragraph (b) of subsection (2) of section
 1666  1012.562, Florida Statutes, is amended to read:
 1667         1012.562 Public accountability and state approval of school
 1668  leader preparation programs.—The Department of Education shall
 1669  establish a process for the approval of Level I and Level II
 1670  school leader preparation programs that will enable aspiring
 1671  school leaders to obtain their certificate in educational
 1672  leadership under s. 1012.56. School leader preparation programs
 1673  must be competency-based, aligned to the principal leadership
 1674  standards adopted by the state board, and open to individuals
 1675  employed by public schools, including charter schools and
 1676  virtual schools. Level I programs may be offered by school
 1677  districts or postsecondary institutions and lead to initial
 1678  certification in educational leadership for the purpose of
 1679  preparing individuals to serve as school administrators. Level
 1680  II programs may be offered by school districts, build upon Level
 1681  I training, and lead to renewal certification as a school
 1682  principal.
 1683         (2) LEVEL I PROGRAMS.—
 1684         (b) Renewal of a Level I program’s approval shall be for a
 1685  period of 5 years and shall be based upon evidence of the
 1686  program’s continued ability to meet the requirements of
 1687  paragraph (a). A postsecondary institution or school district
 1688  must submit an institutional program evaluation plan in a format
 1689  prescribed by the department for a Level I program to be
 1690  considered for renewal. The plan must include:
 1691         1. The percentage of personnel who complete the program and
 1692  are placed in school leadership positions in public schools
 1693  within the state.
 1694         2. Results from the personnel evaluations required under s.
 1695  1012.34 for personnel who complete the program.
 1696         3. The passage rate of personnel who complete the program
 1697  on the Florida Education Leadership Examination.
 1698         4. The impact personnel who complete the program have on
 1699  student learning as measured by the formulas developed by the
 1700  commissioner pursuant to s. 1012.34 s. 1012.34(7).
 1701         5. Strategies for continuous improvement of the program.
 1702         6. Strategies for involving personnel who complete the
 1703  program, other school personnel, community agencies, business
 1704  representatives, and other stakeholders in the program
 1705  evaluation process.
 1706         7. Additional data included at the discretion of the
 1707  postsecondary institution or school district.
 1708         Section 14. This act shall take effect July 1, 2017.