July 11, 2020
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_h7053__
HB 7053

1
A bill to be entitled
2An act relating to public school assessments; amending s.
31003.25, F.S.; requiring the State Board of Education to
4establish uniform procedures for the acceptance of student
5credits and grades according to certain criteria; amending
6s. 1003.413, F.S., relating to secondary school redesign,
7to delete obsolete provisions and to conform to changes
8made by the act; amending s. 1003.4156, F.S.; revising
9requirements for middle grades promotion; providing that
10successful completion of a high school level Algebra I,
11geometry, or Biology I course is not contingent upon a
12student's performance on the end-of-course assessment;
13requiring a student to pass the end-of-course assessment
14to earn high school credit for such courses; specifying
15information that must be provided to students as part of
16the personalized academic and career plan; amending s.
171003.428, F.S.; revising requirements for high school
18graduation; requiring students entering grade 9 in
19specified school years to meet end-of-course assessment
20requirements and revised credit requirements in
21mathematics and science for high school graduation;
22requiring credit in an online course; requiring district
23school board standards for grades in certain courses;
24providing for waiver of end-of-course assessment results
25for the purpose of receiving a course grade and credit for
26students with disabilities; amending s. 1003.429, F.S.;
27revising requirements for accelerated high school
28graduation options; updating cross-references; requiring
29students entering grade 9 in specified school years to
30meet end-of-course assessment requirements and revised
31credit requirements in mathematics and science for high
32school graduation; requiring credit in an online course;
33requiring district school board standards for grades in
34certain courses; creating s. 1003.4295, F.S.; requiring
35high schools to advise students of, and offer,
36acceleration opportunities; establishing the Credit
37Acceleration Program to allow a secondary student who is
38not enrolled in or has not completed a course to earn
39credit if certain requirements are met; amending s.
401003.437, F.S.; revising the middle and high school
41grading system as it relates to grades for a high school
42student who fails an end-of-course assessment; amending s.
431003.493, F.S., relating to career and professional
44academies; clarifying provisions relating to industry
45certifications; conforming provisions to changes made by
46the act; amending s. 1007.35, F.S., relating to the
47Florida Partnership for Minority and Underrepresented
48Student Achievement, to conform to changes made by the
49act; amending s. 1008.22, F.S.; revising the statewide
50student achievement testing program; requiring end-of-
51course assessments in mathematics and science to replace
52FCAT Mathematics and FCAT Science beginning with students
53entering grade 9 in specified school years; providing
54requirements for administration of, and student
55performance on, statewide, standardized end-of-course
56assessments in mathematics and science; clarifying
57provisions relating to industry certifications; providing
58for establishment of an implementation schedule to develop
59and administer end-of-course assessments in certain
60courses; requiring evaluation and reporting of transition
61to specified end-of-course assessments; deleting certain
62requirements relating to the assessment of writing;
63requiring the use of scaled scores and achievement levels
64for measuring a student's knowledge and skills; requiring
65the State Board of Education to designate passing scores
66for end-of-course assessments and scores that indicate
67high achievement; providing requirements for retaking
68specified assessments; providing for waiver of end-of-
69course assessment requirements for students in exceptional
70education programs and students who have limited English
71proficiency; revising provisions relating to testing and
72reporting schedules; conforming provisions and cross-
73references; deleting certain uses of concordant scores for
74the FCAT; deleting retake requirements for the use of
75concordant scores; authorizing the Commissioner of
76Education to adopt equivalent scores for end-of-course
77assessments; providing requirements for use of equivalent
78scores; amending s. 1008.25, F.S., relating to public
79school student progression, to conform to changes made by
80the act; amending s. 1008.30, F.S., relating to the common
81placement test, to conform to changes made by the act;
82amending s. 1008.34, F.S.; revising provisions that
83specify the basis for determining school grades to include
84student performance on end-of-course assessments and to
85conform provisions to current FCAT assessments; clarifying
86provisions relating to industry certifications; amending
87s. 1008.341, F.S.; revising provisions that specify the
88basis for determining an alternative school's school
89improvement rating to include student performance on end-
90of-course assessments; amending s. 1008.36, F.S.; revising
91provisions relating to the use of school recognition
92awards; providing an effective date.
93
94Be It Enacted by the Legislature of the State of Florida:
95
96     Section 1.  Subsection (3) of section 1003.25, Florida
97Statutes, is amended to read:
98     1003.25  Procedures for maintenance and transfer of student
99records.-
100     (3)  The State Board of Education shall establish, by rule,
101uniform procedures relating to the acceptance of credits and
102grades earned by students entering Florida's public schools.
103Credits and grades earned in courses, including those courses
104that in Florida would require a statewide, standardized end-of-
105course assessment under s. 1008.22(3)(c)2., shall be accepted at
106face value if based on official transcripts and subject to
107validation procedures established by rule transfer work and
108credit for students shall be prescribed by rule by the State
109Board of Education.
110     Section 2.  Paragraph (d) of subsection (3) and subsections
111(4) and (5) of section 1003.413, Florida Statutes, are amended
112to read:
113     1003.413  Florida Secondary School Redesign Act.-
114     (3)  Based on these guiding principles, district school
115boards shall establish policies to implement the requirements of
116ss. 1003.4156, 1003.428, and 1003.493. The policies must
117address:
118     (d)  Credit recovery courses and intensive reading and
119mathematics intervention courses based on student performance on
120the FCAT Reading and FCAT Mathematics. These courses should be
121competency based and offered through innovative delivery
122systems, including computer-assisted instruction. School
123districts should use learning gains as well as other appropriate
124data and provide incentives to identify and reward high-
125performing teachers who teach credit recovery and intensive
126intervention courses.
127     (4)  In order to support the successful implementation of
128this section by district school boards, the Department of
129Education shall:
130     (a)  By February 1, 2007, increase the number of approved
131applied, integrated, and combined courses available to school
132districts.
133     (b)  By the beginning of the 2006-2007 school year, make
134available a professional development package designed to provide
135the information that content area teachers need to become
136proficient in applying scientifically based reading strategies
137through their content areas.
138     (a)(c)  Share best practices for providing a complete
139education program to students enrolled in course recovery,
140credit recovery, intensive reading intervention, or intensive
141mathematics intervention.
142     (b)(d)  Expedite assistance and decisions and coordinate
143policies throughout all divisions within the department to
144provide school districts with support to implement this section.
145     (e)  Use data to provide the Legislature with an annual
146longitudinal analysis of the success of this reform effort,
147including the progress of 6th grade students and 9th grade
148students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
149     (5)  The Commissioner of Education shall create and
150implement the Secondary School Improvement Award Program to
151reward public secondary schools that demonstrate continuous
152student academic improvement and show the greatest gains in
153student academic achievement in reading and mathematics.
154     Section 3.  Paragraph (a) of subsection (1) of section
1551003.4156, Florida Statutes, is amended to read:
156     1003.4156  General requirements for middle grades
157promotion.-
158     (1)  Beginning with students entering grade 6 in the 2006-
1592007 school year, promotion from a school composed of middle
160grades 6, 7, and 8 requires that:
161     (a)  The student must successfully complete academic
162courses as follows:
163     1.  Three middle school or higher courses in English. These
164courses shall emphasize literature, composition, and technical
165text.
166     2.  Three middle school or higher courses in mathematics.
167Each middle school must offer at least one high school level
168mathematics course for which students may earn high school
169credit. Successful completion of a high school level Algebra I
170or geometry course is not contingent upon the student's
171performance on the end-of-course assessment required under s.
1721008.22(3)(c)2.a.(I). However, to earn high school credit for an
173Algebra I or geometry course, a middle school student must meet
174the end-of-course assessment requirement under s.
1751008.22(3)(c)2.a.(I). Students in grades 6 through 8 who earn
176high school credit for an Algebra I or geometry course before
177the 2010-2011 school year are not subject to the end-of-course
178assessment requirement.
179     3.  Three middle school or higher courses in social
180studies, one semester of which must include the study of state
181and federal government and civics education.
182     4.  Three middle school or higher courses in science.
183Successful completion of a high school level Biology I course is
184not contingent upon the student's performance on the end-of-
185course assessment required under s. 1008.22(3)(c)2.a.(II).
186However, to earn high school credit for a Biology I course, a
187middle school student must meet the end-of-course assessment
188requirement under s. 1008.22(3)(c)2.a.(II). Students in grades 6
189through 8 who earn high school credit for a Biology I course
190before the 2011-2012 school year are not subject to the end-of-
191course assessment requirement.
192     5.  One course in career and education planning to be
193completed in 7th or 8th grade. The course may be taught by any
194member of the instructional staff; must include career
195exploration using Florida CHOICES for the 21st Century or a
196comparable cost-effective program; must include educational
197planning using the online student advising system known as
198Florida Academic Counseling and Tracking for Students at the
199Internet website FACTS.org; and shall result in the completion
200of a personalized academic and career plan. The required
201personalized academic and career plan must inform students of
202high school graduation requirements, high school assessment and
203college entrance test requirements, Florida Bright Futures
204Scholarship Program requirements, state university and Florida
205college admission requirements, and opportunities through which
206a high school student can earn college credit, including
207Advanced Placement, International Baccalaureate, Advanced
208International Certificate of Education, dual enrollment, career
209academy courses, and programs that lead to national industry
210certification.
211
212Each school must hold a parent meeting either in the evening or
213on a weekend to inform parents about the course curriculum and
214activities. Each student shall complete an electronic personal
215education plan that must be signed by the student; the student's
216instructor, guidance counselor, or academic advisor; and the
217student's parent. By January 1, 2007, The Department of
218Education shall develop course frameworks and professional
219development materials for the career exploration and education
220planning course. The course may be implemented as a stand-alone
221course or integrated into another course or courses. The
222Commissioner of Education shall collect longitudinal high school
223course enrollment data by student ethnicity in order to analyze
224course-taking patterns.
225     Section 4.  Subsections (1) and (2), paragraph (a) of
226subsection (4), and paragraph (b) of subsection (8) of section
2271003.428, Florida Statutes, are amended to read:
228     1003.428  General requirements for high school graduation;
229revised.-
230     (1)  Except as otherwise authorized pursuant to s.
2311003.429, beginning with students entering grade 9 their first
232year of high school in the 2007-2008 school year, graduation
233requires the successful completion of a minimum of 24 credits,
234an International Baccalaureate curriculum, or an Advanced
235International Certificate of Education curriculum. Students must
236be advised of eligibility requirements for state scholarship
237programs and postsecondary admissions.
238     (2)  The 24 credits may be earned through applied,
239integrated, and combined courses approved by the Department of
240Education. Beginning with students entering grade 9 in the 2013-
2412014 school year, one of the 24 credits must contain online
242learning. This requirement shall be met through an online course
243offered by the Florida Virtual School, through a course offered
244by the high school that significantly integrates online content,
245or through an online dual enrollment course offered pursuant to
246a district interinstitutional articulation agreement under s.
2471007.235. A student who is enrolled in a full-time virtual
248instruction program under s. 1002.45 meets this requirement. The
24924 credits and shall be distributed as follows:
250     (a)  Sixteen core curriculum credits:
251     1.  Four credits in English, with major concentration in
252composition, reading for information, and literature.
253     2.  Four credits in mathematics, one of which must be
254Algebra I, a series of courses equivalent to Algebra I, or a
255higher-level mathematics course. Beginning with students
256entering grade 9 in the 2010-2011 school year, in addition to
257the Algebra I credit requirement, one of the four credits in
258mathematics must be geometry or a series of courses equivalent
259to geometry as approved by the State Board of Education.
260Beginning with students entering grade 9 in the 2010-2011 school
261year, the end-of-course assessment requirements under s.
2621008.22(3)(c)2.a.(I) must be met in order for a student to earn
263the required credits in Algebra I and geometry. Beginning with
264students entering grade 9 in the 2012-2013 school year, in
265addition to the Algebra I and geometry credit requirements, one
266of the four credits in mathematics must be Algebra II or a
267series of courses equivalent to Algebra II as approved by the
268State Board of Education. School districts are encouraged to set
269specific goals to increase enrollments in, and successful
270completion of, geometry and Algebra II.
271     3.  Three credits in science, two of which must have a
272laboratory component. Beginning with students entering grade 9
273in the 2011-2012 school year, one of the three credits in
274science must be Biology I or a series of courses equivalent to
275Biology I as approved by the State Board of Education. Beginning
276with students entering grade 9 in the 2011-2012 school year, the
277end-of-course assessment requirements under s.
2781008.22(3)(c)2.a.(II) must be met in order for a student to earn
279the required credit in Biology I. Beginning with students
280entering grade 9 in the 2013-2014 school year, in addition to
281the Biology I credit requirement, one of the three credits in
282science must be chemistry or physics or a series of courses
283equivalent to chemistry or physics as approved by the State
284Board of Education.
285     4.  Three credits in social studies as follows: one credit
286in United States American history; one credit in world history;
287one-half credit in economics; and one-half credit in United
288States American government.
289     5.  One credit in fine or performing arts, speech and
290debate, or a practical arts course that incorporates artistic
291content and techniques of creativity, interpretation, and
292imagination. Eligible practical arts courses shall be identified
293through the Course Code Directory.
294     6.  One credit in physical education to include integration
295of health. Participation in an interscholastic sport at the
296junior varsity or varsity level for two full seasons shall
297satisfy the one-credit requirement in physical education if the
298student passes a competency test on personal fitness with a
299score of "C" or better. The competency test on personal fitness
300must be developed by the Department of Education. A district
301school board may not require that the one credit in physical
302education be taken during the 9th grade year. Completion of one
303semester with a grade of "C" or better in a marching band class,
304in a physical activity class that requires participation in
305marching band activities as an extracurricular activity, or in a
306dance class shall satisfy one-half credit in physical education
307or one-half credit in performing arts. This credit may not be
308used to satisfy the personal fitness requirement or the
309requirement for adaptive physical education under an individual
310education plan (IEP) or 504 plan. Completion of 2 years in a
311Reserve Officer Training Corps (R.O.T.C.) class, a significant
312component of which is drills, shall satisfy the one-credit
313requirement in physical education and the one-credit requirement
314in performing arts. This credit may not be used to satisfy the
315personal fitness requirement or the requirement for adaptive
316physical education under an individual education plan (IEP) or
317504 plan.
318     (b)  Eight credits in majors, minors, or electives:
319     1.  Four credits in a major area of interest, such as
320sequential courses in a career and technical program, fine and
321performing arts, or academic content area, selected by the
322student as part of the education plan required by s. 1003.4156.
323Students may revise major areas of interest each year as part of
324annual course registration processes and should update their
325education plan to reflect such revisions. Annually by October 1,
326the district school board shall approve major areas of interest
327and submit the list of majors to the Commissioner of Education
328for approval. Each major area of interest shall be deemed
329approved unless specifically rejected by the commissioner within
33060 days. Upon approval, each district's major areas of interest
331shall be available for use by all school districts and shall be
332posted on the department's website.
333     2.  Four credits in elective courses selected by the
334student as part of the education plan required by s. 1003.4156.
335These credits may be combined to allow for a second major area
336of interest pursuant to subparagraph 1., a minor area of
337interest, elective courses, or intensive reading or mathematics
338intervention courses as described in this subparagraph.
339     a.  Minor areas of interest are composed of three credits
340selected by the student as part of the education plan required
341by s. 1003.4156 and approved by the district school board.
342     b.  Elective courses are selected by the student in order
343to pursue a complete education program as described in s.
3441001.41(3) and to meet eligibility requirements for
345scholarships.
346     c.  For each year in which a student scores at Level l on
347FCAT Reading, the student must be enrolled in and complete an
348intensive reading course the following year. Placement of Level
3492 readers in either an intensive reading course or a content
350area course in which reading strategies are delivered shall be
351determined by diagnosis of reading needs. The department shall
352provide guidance on appropriate strategies for diagnosing and
353meeting the varying instructional needs of students reading
354below grade level. Reading courses shall be designed and offered
355pursuant to the comprehensive reading plan required by s.
3561011.62(9).
357     d.  For each year in which a student scores at Level 1 or
358Level 2 on FCAT Mathematics, the student must receive
359remediation the following year. These courses may be taught
360through applied, integrated, or combined courses and are subject
361to approval by the department for inclusion in the Course Code
362Directory.
363     (4)  Each district school board shall establish standards
364for graduation from its schools, which must include:
365     (a)  Successful completion of the academic credit or
366curriculum requirements of subsections (1) and (2). For courses
367that require statewide, standardized end-of-course assessments
368under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
369student's course grade shall be comprised of performance on the
370statewide, standardized end-of-course assessment.
371
372Each district school board shall adopt policies designed to
373assist students in meeting the requirements of this subsection.
374These policies may include, but are not limited to: forgiveness
375policies, summer school or before or after school attendance,
376special counseling, volunteers or peer tutors, school-sponsored
377help sessions, homework hotlines, and study skills classes.
378Forgiveness policies for required courses shall be limited to
379replacing a grade of "D" or "F," or the equivalent of a grade of
380"D" or "F," with a grade of "C" or higher, or the equivalent of
381a grade of "C" or higher, earned subsequently in the same or
382comparable course. Forgiveness policies for elective courses
383shall be limited to replacing a grade of "D" or "F," or the
384equivalent of a grade of "D" or "F," with a grade of "C" or
385higher, or the equivalent of a grade of "C" or higher, earned
386subsequently in another course. The only exception to these
387forgiveness policies shall be made for a student in the middle
388grades who takes any high school course for high school credit
389and earns a grade of "C," "D," or "F" or the equivalent of a
390grade of "C," "D," or "F." In such case, the district
391forgiveness policy must allow the replacement of the grade with
392a grade of "C" or higher, or the equivalent of a grade of "C" or
393higher, earned subsequently in the same or comparable course. In
394all cases of grade forgiveness, only the new grade shall be used
395in the calculation of the student's grade point average. Any
396course grade not replaced according to a district school board
397forgiveness policy shall be included in the calculation of the
398cumulative grade point average required for graduation.
399     (8)
400     (b)1.  A student with a disability, as defined in s.
4011007.02(2), for whom the individual education plan (IEP)
402committee determines that the FCAT cannot accurately measure the
403student's abilities, taking into consideration all allowable
404accommodations, shall have the FCAT requirement of paragraph
405(4)(b) waived for the purpose of receiving a standard high
406school diploma, if the student:
407     a.1.  Completes the minimum number of credits and other
408requirements prescribed by subsections (1), (2), and (3).
409     b.2.  Does not meet the requirements of paragraph (4)(b)
410after one opportunity in 10th grade and one opportunity in 11th
411grade.
412     2.  A student with a disability, as defined in s.
4131007.02(2), for whom the individual education plan (IEP)
414committee determines that an end-of-course assessment cannot
415accurately measure the student's abilities, taking into
416consideration all allowable accommodations, shall have the end-
417of-course assessment results waived for the purpose of
418determining the student′s course grade and credit as required in
419paragraph (4)(a).
420     Section 5.  Subsections (1) and (5), paragraph (c) of
421subsection (7), and subsection (8) of section 1003.429, Florida
422Statutes, are amended to read:
423     1003.429  Accelerated high school graduation options.-
424     (1)  Students who enter grade 9 in the 2006-2007 school
425year and thereafter may select, upon receipt of each consent
426required by this section, one of the following three high school
427graduation options:
428     (a)  Completion of the general requirements for high school
429graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
430     (b)  Completion of a 3-year standard college preparatory
431program requiring successful completion of a minimum of 18
432academic credits in grades 9 through 12. At least 6 of the 18
433credits required for completion of this program must be received
434in classes that are offered pursuant to the International
435Baccalaureate Program, the Advanced Placement Program, dual
436enrollment, Advanced International Certificate of Education, or
437specifically listed or identified by the Department of Education
438as rigorous pursuant to s. 1009.531(3). Beginning with students
439entering grade 9 in the 2013-2014 school year, one of the 18
440credits must contain online learning. This requirement shall be
441met through an online course offered by the Florida Virtual
442School, through a course offered by the high school that
443significantly integrates online content, or through an online
444dual enrollment course offered pursuant to a district
445interinstitutional articulation agreement under s. 1007.235. A
446student who is enrolled in a full-time virtual instruction
447program under s. 1002.45 meets this requirement. The 18 credits
448required for completion of this program shall be primary
449requirements and shall be distributed as follows:
450     1.  Four credits in English, with major concentration in
451composition and literature;
452     2.  Three credits and, beginning with students entering
453grade 9 in the 2010-2011 school year, four credits in
454mathematics at the Algebra I level or higher from the list of
455courses that qualify for state university admission. Beginning
456with students entering grade 9 in the 2010-2011 school year, in
457addition to the Algebra I credit requirement, one of the four
458credits in mathematics must be geometry or a series of courses
459equivalent to geometry as approved by the State Board of
460Education. Beginning with students entering grade 9 in the 2010-
4612011 school year, the end-of-course assessment requirements
462under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
463to earn the required credits in Algebra I and geometry.
464Beginning with students entering grade 9 in the 2012-2013 school
465year, in addition to the Algebra I and geometry credit
466requirements, one of the four credits in mathematics must be
467Algebra II or a series of courses equivalent to Algebra II as
468approved by the State Board of Education;
469     3.  Three credits in natural science, two of which must
470have a laboratory component. Beginning with students entering
471grade 9 in the 2011-2012 school year, one of the three credits
472in science must be Biology I or a series of courses equivalent
473to Biology I as approved by the State Board of Education.
474Beginning with students entering grade 9 in the 2011-2012 school
475year, the end-of-course assessment requirements under s.
4761008.22(3)(c)2.a.(II) must be met in order for a student to earn
477the required credit in Biology I. Beginning with students
478entering grade 9 in the 2013-2014 school year, in addition to
479the Biology I credit requirement, one of the three credits in
480science must be chemistry or physics or a series of courses
481equivalent to chemistry or physics as approved by the State
482Board of Education;
483     4.  Three credits in social sciences, which must include
484one credit in United States American history, one credit in
485world history, one-half credit in United States American
486government, and one-half credit in economics;
487     5.  Two credits in the same second language unless the
488student is a native speaker of or can otherwise demonstrate
489competency in a language other than English. If the student
490demonstrates competency in another language, the student may
491replace the language requirement with two credits in other
492academic courses; and
493     6.  Three credits and, beginning with students entering
494grade 9 in the 2010-2011 school year, two credits in electives;
495or
496     (c)  Completion of a 3-year career preparatory program
497requiring successful completion of a minimum of 18 academic
498credits in grades 9 through 12. Beginning with students entering
499grade 9 in the 2013-2014 school year, one of the 18 credits must
500contain online learning. This requirement shall be met through
501an online course offered by the Florida Virtual School, through
502a course offered by the high school that significantly
503integrates online content, or through an online dual enrollment
504course offered pursuant to a district interinstitutional
505articulation agreement under s. 1007.235. A student who is
506enrolled in a full-time virtual instruction program under s.
5071002.45 meets this requirement. The 18 credits shall be primary
508requirements and shall be distributed as follows:
509     1.  Four credits in English, with major concentration in
510composition and literature;
511     2.  Three credits and, beginning with students entering
512grade 9 in the 2010-2011 school year, four credits in
513mathematics, one of which must be Algebra I. Beginning with
514students entering grade 9 in the 2010-2011 school year, in
515addition to the Algebra I credit requirement, one of the four
516credits in mathematics must be geometry or a series of courses
517equivalent to geometry as approved by the State Board of
518Education. Beginning with students entering grade 9 in the 2010-
5192011 school year, the end-of-course assessment requirements
520under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
521to earn the required credits in Algebra I and geometry.
522Beginning with students entering grade 9 in the 2012-2013 school
523year, in addition to the Algebra I and geometry credit
524requirements, one of the four credits in mathematics must be
525Algebra II or a series of courses equivalent to Algebra II as
526approved by the State Board of Education;
527     3.  Three credits in natural science, two of which must
528have a laboratory component. Beginning with students entering
529grade 9 in the 2011-2012 school year, one of the three credits
530in science must be Biology I or a series of courses equivalent
531to Biology I as approved by the State Board of Education.
532Beginning with students entering grade 9 in the 2011-2012 school
533year, the end-of-course assessment requirements under s.
5341008.22(3)(c)2.a.(II) must be met in order for a student to earn
535the required credit in Biology I. Beginning with students
536entering grade 9 in the 2013-2014 school year, in addition to
537the Biology I credit requirement, one of the three credits in
538science must be chemistry or physics or a series of courses
539equivalent to chemistry or physics as approved by the State
540Board of Education;
541     4.  Three credits in social sciences, which must include
542one credit in United States American history, one credit in
543world history, one-half credit in United States American
544government, and one-half credit in economics;
545     5.  Three credits in a single vocational or career
546education program, three credits in career and technical
547certificate dual enrollment courses, or five credits in
548vocational or career education courses; and
549     6.  Two credits and, beginning with students entering grade
5509 in the 2010-2011 school year, one credit in electives unless
551five credits are earned pursuant to subparagraph 5.
552
553Any student who selected an accelerated graduation program
554before July 1, 2004, may continue that program, and all
555statutory program requirements that were applicable when the
556student made the program choice shall remain applicable to the
557student as long as the student continues that program.
558     (5)  District school boards may not establish requirements
559for accelerated 3-year high school graduation options in excess
560of the requirements in paragraphs (1)(b) and (c). For courses
561that require statewide, standardized end-of-course assessments
562under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
563student's course grade shall be comprised of performance on the
564statewide, standardized end-of-course assessment.
565     (7)  If, at the end of grade 10, a student is not on track
566to meet the credit, assessment, or grade-point-average
567requirements of the accelerated graduation option selected, the
568school shall notify the student and parent of the following:
569     (c)  The right of the student to change to the 4-year
570program set forth in s. 1003.428 or s. 1003.43, as applicable.
571     (8)  A student who selected one of the accelerated 3-year
572graduation options shall automatically move to the 4-year
573program set forth in s. 1003.428 or s. 1003.43, as applicable,
574if the student:
575     (a)  Exercises his or her right to change to the 4-year
576program;
577     (b)  Fails to earn 5 credits by the end of grade 9 or fails
578to earn 11 credits by the end of grade 10;
579     (c)  Does not achieve a score of 3 or higher on the grade
58010 FCAT Writing assessment; or
581     (d)  By the end of grade 11 does not meet the requirements
582of subsections (1) and (6).
583     Section 6.  Section 1003.4295, Florida Statutes, is created
584to read:
585     1003.4295  Acceleration opportunities for secondary
586students.-
587     (1)  Each high school shall advise each student of
588opportunities through which a high school student can earn
589college credit, including Advanced Placement, International
590Baccalaureate, Advanced International Certificate of Education,
591dual enrollment, career academy courses, and programs that lead
592to national industry certification, as well as the availability
593of course offerings through the Florida Virtual School.
594     (2)  Beginning with the 2011-2012 school year, each high
595school shall offer an International Baccalaureate Program, an
596Advanced International Certificate of Education Program, or a
597combination of at least four courses in dual enrollment or
598Advanced Placement, including one course each in English,
599mathematics, science, and social studies. To meet this
600requirement, school districts may utilize the course offerings
601provided by the Florida Virtual School established under s.
6021002.37 or through virtual instruction programs authorized under
603s. 1002.45.
604     (3)  The Credit Acceleration Program (CAP) is established
605to allow a secondary student to earn high school credit in a
606course that requires a statewide, standardized end-of-course
607assessment if the student attains a specified score on the
608assessment. Notwithstanding s. 1003.436, a school district shall
609award a course credit to a student who is not enrolled in the
610course or who has not completed the course if the student
611attains a score that indicates the student is high achieving,
612pursuant to s. 1008.22(3)(c)7., on the corresponding statewide,
613standardized end-of-course assessment. A student who is not
614enrolled in the course or who has not completed the course may
615take the statewide, standardized end-of-course assessment during
616the regular administration of the assessment and may only take
617the end-of-course assessment once pursuant to this subsection.
618     Section 7.  Subsection (6) of section 1003.437, Florida
619Statutes, is amended to read:
620     1003.437  Middle and high school grading system.-The
621grading system and interpretation of letter grades used for
622students in public schools in grades 6-12 shall be as follows:
623     (6)  Grade "I" equals zero percent, has a grade point
624average value of zero, and is defined as "incomplete." A high
625school student who fails to pass an end-of-course assessment
626required under s. 1008.22(3)(c) may receive a grade "I" in the
627course until the next administration of the end-of-course
628assessment. If the student then passes the end-of-course
629assessment, the appropriate grade shall be substituted.
630
631For the purposes of class ranking, district school boards may
632exercise a weighted grading system pursuant to s. 1007.271.
633     Section 8.  Paragraph (k) of subsection (4) of section
6341003.493, Florida Statutes, is amended to read:
635     1003.493  Career and professional academies.-
636     (4)  Each career and professional academy must:
637     (k)  Include an evaluation plan developed jointly with the
638Department of Education and the local workforce board. The
639evaluation plan must include an assessment tool based on
640national industry standards, such as the Career Academy National
641Standards of Practice, and outcome measures, including, but not
642limited to, achievement of national industry certifications
643identified in the Industry Certification Funding List, pursuant
644to rules adopted by the State Board of Education, graduation
645rates, enrollment in postsecondary education, business and
646industry satisfaction, employment and earnings, awards of
647postsecondary credit and scholarships, and student FCAT
648achievement levels and learning gains on statewide assessments
649administered under s. 1008.22(3)(c). The Department of Education
650shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
651in identifying industry experts to participate in developing and
652implementing such assessments.
653     Section 9.  Paragraph (c) of subsection (6) of section
6541007.35, Florida Statutes, is amended to read:
655     1007.35  Florida Partnership for Minority and
656Underrepresented Student Achievement.-
657     (6)  The partnership shall:
658     (c)  Provide teacher training and materials that are
659aligned with the Next Generation Sunshine State Standards and
660are consistent with best theory and practice regarding multiple
661learning styles and research on learning, instructional
662strategies, instructional design, and classroom assessment.
663Curriculum materials must be based on current, accepted, and
664essential academic knowledge. Materials for prerequisite courses
665should, at a minimum, address the skills assessed on the Florida
666Comprehensive Assessment Test (FCAT).
667     Section 10.  Paragraph (c) of subsection (3) and
668subsections (6), (9), and (10) of section 1008.22, Florida
669Statutes, are amended, present subsections (11) and (12) are
670renumbered as subsections (12) and (13), respectively, and a new
671subsection (11) is added to that section, to read:
672     1008.22  Student assessment program for public schools.-
673     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
674design and implement a statewide program of educational
675assessment that provides information for the improvement of the
676operation and management of the public schools, including
677schools operating for the purpose of providing educational
678services to youth in Department of Juvenile Justice programs.
679The commissioner may enter into contracts for the continued
680administration of the assessment, testing, and evaluation
681programs authorized and funded by the Legislature. Contracts may
682be initiated in 1 fiscal year and continue into the next and may
683be paid from the appropriations of either or both fiscal years.
684The commissioner is authorized to negotiate for the sale or
685lease of tests, scoring protocols, test scoring services, and
686related materials developed pursuant to law. Pursuant to the
687statewide assessment program, the commissioner shall:
688     (c)  Develop and implement a student achievement testing
689program as follows:
690     1.  known as The Florida Comprehensive Assessment Test
691(FCAT) measures as part of the statewide assessment program to
692measure a student's content knowledge and skills in reading,
693writing, science, and mathematics. The content knowledge and
694skills assessed by the FCAT must be aligned to the core
695curricular content established in the Next Generation Sunshine
696State Standards. Other content areas may be included as directed
697by the commissioner. Comprehensive assessments of reading and
698mathematics shall be administered annually in grades 3 through
69910 except, beginning with students entering grade 9 in the 2010-
7002011 school year, the end-of-course assessments in Algebra I and
701geometry required under sub-sub-subparagraph 2.a.(I) shall
702replace grade 9 and grade 10 FCAT Mathematics. Comprehensive
703assessments of writing and science shall be administered at
704least once at the elementary, middle, and high school levels
705except, beginning with students entering grade 9 in the 2011-
7062012 school year, the end-of-course assessment in Biology I
707required under sub-sub-subparagraph 2.a.(II) shall replace FCAT
708Science at the high school level.
709     2.a.  End-of-course assessments for a subject shall may be
710administered in addition to the comprehensive assessments
711required for that subject under subparagraph 1. this paragraph.
712An End-of-course assessments assessment must be rigorous,
713statewide, standardized, and developed or approved by the
714department. The content knowledge and skills assessed by
715comprehensive and end-of-course assessments must be aligned to
716the core curricular content established in the Next Generation
717Sunshine State Standards.
718     (I)  Statewide, standardized end-of-course assessments in
719mathematics shall be administered according to this sub-sub-
720subparagraph. Beginning with the 2010-2011 school year, all
721students enrolled in Algebra I or an equivalent course must take
722the Algebra I end-of-course assessment. For students entering
723grade 9 during the 2010-2011 school year, each student's
724performance on the end-of-course assessment in Algebra I shall
725constitute 30 percent of the student's final course grade.
726Beginning with students entering grade 9 in the 2011-2012 school
727year, a student must earn a passing score on the end-of-course
728assessment in Algebra I in order to pass the course and earn
729course credit. Beginning with the 2010-2011 school year, all
730students enrolled in geometry or an equivalent course must take
731the geometry end-of-course assessment. For students entering
732grade 9 during the 2010-2011 and 2011-2012 school years, each
733student's performance on the end-of-course assessment in
734geometry shall constitute 30 percent of the student's final
735course grade. Beginning with students entering grade 9 during
736the 2012-2013 school year, a student must earn a passing score
737on the end-of-course assessment in geometry in order to pass the
738course and earn course credit.
739     (II)  A statewide, standardized end-of-course assessment in
740Biology I shall be administered according to this sub-sub-
741subparagraph. Beginning with the 2011-2012 school year, all
742students enrolled in Biology I or an equivalent course must take
743the Biology I end-of-course assessment. For students entering
744grade 9 during the 2011-2012 school year, each student's
745performance on the end-of-course assessment in Biology I shall
746constitute 30 percent of the student's final course grade.
747Beginning with students entering grade 9 during the 2012-2013
748school year, a student must earn a passing score on the end-of-
749course assessment in Biology I in order to pass the course and
750earn course credit.
751     b.  The commissioner may select one or more nationally
752developed comprehensive examinations, which may include, but
753need not be limited to, examinations for a College Board
754Advanced Placement course, International Baccalaureate course,
755or Advanced International Certificate of Education course or
756industry-approved examinations to earn national industry
757certifications identified in the Industry Certification Funding
758List, pursuant to rules adopted by the State Board of Education
759as defined in s. 1003.492, for use as end-of-course assessments
760under this paragraph, if the commissioner determines that the
761content knowledge and skills assessed by the examinations meet
762or exceed the grade level expectations for the core curricular
763content established for the course in the Next Generation
764Sunshine State Standards. The commissioner may collaborate with
765the American Diploma Project in the adoption or development of
766rigorous end-of-course assessments that are aligned to the Next
767Generation Sunshine State Standards. The testing program must be
768designed as follows:
769     c.  Contingent upon funding provided in the General
770Appropriations Act, including appropriation of federal funds,
771the Commissioner of Education shall establish an implementation
772schedule for the development and administration of statewide,
773standardized end-of-course assessments in English/Language Arts
774II, Algebra II, chemistry, physics, earth/space science, United
775States history, and world history. Priority shall be given to
776the development of an end-of-course assessment in
777English/Language Arts II. The Commissioner of Education shall
778evaluate the feasibility and effect of transitioning from the
779grade 9 and grade 10 FCAT Reading and high school level FCAT
780Writing to an end-of-course assessment in English/Language Arts
781II. The commissioner shall report the results of the evaluation
782to the President of the Senate and the Speaker of the House of
783Representatives no later July 1, 2011.
784     3.1.  The testing program tests shall measure student
785skills and competencies adopted by the State Board of Education
786as specified in paragraph (a) and. The tests must measure and
787report student performance proficiency levels of all students
788assessed in reading, writing, mathematics, and science. The
789commissioner shall provide for the tests to be developed or
790obtained, as appropriate, through contracts and project
791agreements with private vendors, public vendors, public
792agencies, postsecondary educational institutions, or school
793districts. The commissioner shall obtain input with respect to
794the design and implementation of the testing program from state
795educators, assistive technology experts, and the public.
796     4.2.  The testing program shall be composed of criterion-
797referenced tests that shall, to the extent determined by the
798commissioner, include test items that require the student to
799produce information or perform tasks in such a way that the core
800content knowledge and skills he or she uses can be measured.
801     3.  Beginning with the 2008-2009 school year, the
802commissioner shall discontinue administration of the selected-
803response test items on the comprehensive assessments of writing.
804Beginning with the 2012-2013 school year, the comprehensive
805assessments of writing shall be composed of a combination of
806selected-response test items, short-response performance tasks,
807and extended-response performance tasks, which shall measure a
808student's content knowledge of writing, including, but not
809limited to, paragraph and sentence structure, sentence
810construction, grammar and usage, punctuation, capitalization,
811spelling, parts of speech, verb tense, irregular verbs, subject-
812verb agreement, and noun-pronoun agreement.
813     5.4.  FCAT Reading, Mathematics, and Science and all
814statewide, standardized end-of-course assessments shall measure,
815by use of scaled scores and achievement levels, the content
816knowledge and skills a student has attained. Achievement levels
817shall range from 1 through 5, with level 1 being the lowest
818achievement level, level 5 being the highest achievement level,
819and level 3 indicating satisfactory performance on an
820assessment. For FCAT Writing, student achievement shall be
821scored using the rubric scale of 1 through 6 and the score
822earned shall be used in calculating school grades. A score shall
823be designated for each subject area tested, below which score a
824student's performance is deemed inadequate. The school districts
825shall provide appropriate remedial instruction to students who
826score below these levels.
827     6.5.  Except as provided in s. 1003.428(8)(b) or s.
8281003.43(11)(b), students must earn a passing score on the grade
82910 assessment test described in this paragraph or attain
830concordant scores as described in subsection (10) in reading,
831writing, and mathematics to qualify for a standard high school
832diploma. The State Board of Education shall, by rule, designate
833a passing score for each part of the grade 10 assessment test
834and end-of-course assessments. In establishing passing scores,
835the state board shall consider any possible negative impact of
836the test on minority students. The State Board of Education
837shall adopt rules which specify the passing scores for the grade
83810 FCAT. Any such rules that, which have the effect of raising
839the required passing scores, shall apply only to students taking
840the assessment grade 10 FCAT for the first time after such rules
841are adopted by the State Board of Education. Except as otherwise
842provided in this paragraph and as provided in s. 1003.428(8)(b)
843or s. 1003.43(11)(b), students must earn a passing score on
844grade 10 FCAT Reading and grade 10 FCAT Mathematics or attain
845concordant scores as described in subsection (10) to qualify for
846a standard high school diploma.
847     7.  In addition to designating a passing score under
848subparagraph 6., the State Board of Education shall also
849designate, by rule, a score for each statewide, standardized
850end-of-course assessment which indicates that a student is high
851achieving and is likely to meet college-readiness standards by
852the time the student graduates from high school.
853     8.6.  Participation in the testing program is mandatory for
854all students attending public school, including students served
855in Department of Juvenile Justice programs, except as otherwise
856prescribed by the commissioner. A student who has not earned
857passing scores on the grade 10 FCAT as provided in subparagraph
8586. must participate in each retake of the assessment until the
859student earns passing scores or achieves scores on a
860standardized assessment that are concordant with passing scores
861pursuant to subsection (10). If a student does not participate
862in the statewide assessment, the district must notify the
863student's parent and provide the parent with information
864regarding the implications of such nonparticipation. A parent
865must provide signed consent for a student to receive classroom
866instructional accommodations that would not be available or
867permitted on the statewide assessments and must acknowledge in
868writing that he or she understands the implications of such
869instructional accommodations. The State Board of Education shall
870adopt rules, based upon recommendations of the commissioner, for
871the provision of test accommodations for students in exceptional
872education programs and for students who have limited English
873proficiency. Accommodations that negate the validity of a
874statewide assessment are not allowable in the administration of
875the FCAT or an end-of-course assessment. However, instructional
876accommodations are allowable in the classroom if included in a
877student's individual education plan. Students using
878instructional accommodations in the classroom that are not
879allowable as accommodations on the FCAT or an end-of-course
880assessment may have the FCAT or end-of-course assessment
881requirement waived pursuant to the requirements of s.
8821003.428(8)(b) or s. 1003.43(11)(b).
883     9.7.  A student seeking an adult high school diploma must
884meet the same testing requirements that a regular high school
885student must meet.
886     10.8.  District school boards must provide instruction to
887prepare students to demonstrate proficiency in the core
888curricular content established in the Next Generation Sunshine
889State Standards adopted under s. 1003.41, including the core
890content knowledge and skills necessary for successful grade-to-
891grade progression and high school graduation. If a student is
892provided with instructional accommodations in the classroom that
893are not allowable as accommodations in the statewide assessment
894program, as described in the test manuals, the district must
895inform the parent in writing and must provide the parent with
896information regarding the impact on the student's ability to
897meet expected performance proficiency levels in reading,
898writing, and mathematics, and science. The commissioner shall
899conduct studies as necessary to verify that the required core
900curricular content is part of the district instructional
901programs.
902     11.9.  District school boards must provide opportunities
903for students to demonstrate an acceptable level of performance
904on an alternative standardized assessment approved by the State
905Board of Education following enrollment in summer academies.
906     12.10.  The Department of Education must develop, or
907select, and implement a common battery of assessment tools that
908will be used in all juvenile justice programs in the state.
909These tools must accurately measure the core curricular content
910established in the Next Generation Sunshine State Standards.
911     13.11.  For students seeking a special diploma pursuant to
912s. 1003.438, the Department of Education must develop or select
913and implement an alternate assessment tool that accurately
914measures the core curricular content established in the Next
915Generation Sunshine State Standards for students with
916disabilities under s. 1003.438.
917     14.12.  The Commissioner of Education shall establish
918schedules for the administration of statewide assessments and
919the reporting of student test results. When establishing the
920schedules for the administration of statewide assessments, the
921commissioner shall consider the observance of religious and
922school holidays. The commissioner shall, by August 1 of each
923year, notify each school district in writing and publish on the
924department's Internet website the testing and reporting
925schedules for, at a minimum, the school year following the
926upcoming school year. The testing and reporting schedules shall
927require that:
928     a.  There is the latest possible administration of
929statewide assessments and the earliest possible reporting to the
930school districts of student test results which is feasible
931within available technology and specific appropriations;
932however, test results for the FCAT must be made available no
933later than the week of June 8. Student results for end-of-course
934assessments must be provided no later than 1 week after the
935school district completes testing for each course final day of
936the regular school year for students.
937     b.  Beginning with the 2010-2011 school year, FCAT a
938comprehensive statewide assessment of Writing is not
939administered earlier than the week of March 1 and a
940comprehensive statewide assessment of any other subject is not
941administered earlier than the week of April 15.
942     c.  A statewide, standardized end-of-course assessment is
943administered during a 3-week period at the end of a year-long
944course. The commissioner shall select a 3-week administration
945period for assessments that meets the intent of end-of-course
946assessments and provides student results prior to the end of the
947course. School districts shall select one testing week within
948the 3-week administration period for each end-of-course
949assessment. For an end-of-course assessment administered at the
950end of a semester-long course, the commissioner shall determine
951the most appropriate testing dates based on a school district's
952academic calendar within the last 2 weeks of the course.
953
954The commissioner may, based on collaboration and input from
955school districts, design and implement student testing programs,
956for any grade level and subject area, necessary to effectively
957monitor educational achievement in the state, including the
958measurement of educational achievement of the Next Generation
959Sunshine State Standards for students with disabilities.
960Development and refinement of assessments shall include
961universal design principles and accessibility standards that
962will prevent any unintended obstacles for students with
963disabilities while ensuring the validity and reliability of the
964test. These principles should be applicable to all technology
965platforms and assistive devices available for the assessments.
966The field testing process and psychometric analyses for the
967statewide assessment program must include an appropriate
968percentage of students with disabilities and an evaluation or
969determination of the effect of test items on such students.
970     (6)  SCHOOL TESTING PROGRAMS.-Each public school shall
971participate in the statewide assessment program in accordance
972with the testing and reporting schedules published by the
973Commissioner of Education under subparagraph (3)(c)14.12. unless
974specifically exempted by state board rule based on serving a
975specialized population for which standardized testing is not
976appropriate. Student performance data shall be analyzed and
977reported to parents, the community, and the state. Student
978performance data shall be used in developing objectives of the
979school improvement plan, evaluation of instructional personnel,
980evaluation of administrative personnel, assignment of staff,
981allocation of resources, acquisition of instructional materials
982and technology, performance-based budgeting, and promotion and
983assignment of students into educational programs. The analysis
984of student performance data also must identify strengths and
985needs in the educational program and trends over time. The
986analysis must be used in conjunction with the budgetary planning
987processes developed pursuant to s. 1008.385 and the development
988of the programs of remediation.
989     (9)  APPLICABILITY OF TESTING STANDARDS.-
990     (a)  If the Commissioner of Education revises a statewide
991assessment and the revisions require the State Board of
992Education to modify the assessment's performance proficiency
993levels or modify the passing scores required for a standard high
994school diploma, until the state board adopts the modifications
995by rule, the commissioner shall use calculations for scoring the
996assessment which adjust student scores on the revised assessment
997for statistical equivalence to student scores on the former
998assessment.
999     (b)  A student must attain the passing scores on the
1000statewide assessment required for a standard high school diploma
1001or for high school course credits under sub-sub-subparagraphs
1002(3)(c)2.a.(I) and (II) which are in effect at the time the
1003student enters grade 9 if the student's enrollment is
1004continuous.
1005     (c)  If the commissioner revises a statewide assessment and
1006the revisions require the State Board of Education to modify the
1007passing scores required for a standard high school diploma or
1008for high school course credits under sub-sub-subparagraphs
1009(3)(c)2.a (I) and (II), the commissioner may, with approval of
1010the state board, discontinue administration of the former
1011assessment upon the graduation, based on normal student
1012progression, of students participating in the final regular
1013administration of the former assessment. The state board shall
1014adopt by rule passing scores for the revised assessment which
1015are statistically equivalent to passing scores on the
1016discontinued assessment for a student required under paragraph
1017(b) to attain passing scores on the discontinued assessment.
1018     (10)  CONCORDANT SCORES FOR THE FCAT.-
1019     (a)  The Commissioner State Board of Education shall
1020analyze the content and concordant data sets for widely used
1021high school achievement tests, including, but not limited to,
1022the PSAT, PLAN, SAT, ACT, and College Placement Test, to assess
1023if concordant scores for FCAT scores can be determined for high
1024school graduation, college placement, and scholarship awards.
1025When In cases where content alignment and concordant scores can
1026be determined, the Commissioner of Education shall adopt those
1027scores as meeting the graduation requirement in lieu of
1028achieving the FCAT passing score and may adopt those scores as
1029being sufficient to achieve additional purposes as determined by
1030rule. Each time that test content or scoring procedures change
1031for the FCAT or for a high school achievement test for which a
1032concordant score is determined, new concordant scores must be
1033determined. Concordant scores earned before taking the grade 10
1034FCAT for the first time in grade 10 may not be used to satisfy
1035the requirement in this paragraph.
1036     (b)  In order to use a concordant subject area score
1037pursuant to this subsection to satisfy the assessment
1038requirement for a standard high school diploma as provided in s.
10391003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1040take each subject area of the grade 10 FCAT a total of three
1041times without earning a passing score. The requirements of this
1042paragraph shall not apply to a new student who enters the
1043Florida public school system in grade 12, who may either achieve
1044a passing score on the FCAT or use an approved subject area
1045concordant score to fulfill the graduation requirement.
1046     (b)(c)  The State Board of Education may define by rule the
1047allowable uses, other than to satisfy the high school graduation
1048requirement, for concordant scores as described in this
1049subsection. Such uses may include, but need not be limited to,
1050achieving appropriate standardized test scores required for the
1051awarding of Florida Bright Futures Scholarships and college
1052placement.
1053     (11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1054     (a)  The Commissioner of Education shall analyze the
1055content and equivalent data sets for high school achievement
1056tests, including, but not limited to, grade 10 FCAT Mathematics
1057retakes until such retakes are discontinued pursuant to
1058subsection (9), the PSAT, the PLAN, the SAT, the ACT, and the
1059College Placement Test, to assess if equivalent scores for end-
1060of-course assessment scores can be determined for passage of an
1061end-of-course assessment. When content alignment and equivalent
1062scores can be determined, the Commissioner of Education shall
1063adopt those scores as meeting the requirement to pass the end-
1064of-course assessment and as being sufficient to achieve
1065additional purposes as determined by rule. Each time that
1066assessment content or scoring procedures change for an end-of-
1067course assessment or for a high school achievement test for
1068which an equivalent score is determined, new equivalent scores
1069must be determined. Equivalent scores earned before taking an
1070end-of-course assessment for the first time may not be used to
1071satisfy the requirement in this subsection.
1072     (b)  In order to use an equivalent score pursuant to this
1073subsection to satisfy the end-of-course assessment requirements
1074under sub-subparagraph (3)(c)2.a., a student must have received
1075a grade "F" in a course solely because the student failed to
1076pass the end-of-course assessment. Use of an equivalent score
1077adopted by the Commissioner of Education under paragraph (a) for
1078purposes of grade adjustment, grade forgiveness, or course
1079credit recovery is contingent upon and subject to district
1080school board rules.
1081     Section 11.  Paragraph (a) of subsection (4) of section
10821008.25, Florida Statutes, is amended to read:
1083     1008.25  Public school student progression; remedial
1084instruction; reporting requirements.-
1085     (4)  ASSESSMENT AND REMEDIATION.-
1086     (a)  Each student must participate in the statewide
1087assessment tests required by s. 1008.22. Each student who does
1088not meet specific levels of performance as determined by the
1089district school board in FCAT Reading, Writing, Science, and
1090Mathematics for each grade level, or who scores below Level 3 in
1091FCAT Reading or FCAT Mathematics math, must be provided with
1092additional diagnostic assessments to determine the nature of the
1093student's difficulty, the areas of academic need, and strategies
1094for appropriate intervention and instruction as described in
1095paragraph (b).
1096     Section 12.  Subsection (3) of section 1008.30, Florida
1097Statutes, is amended to read:
1098     1008.30  Common placement testing for public postsecondary
1099education.-
1100     (3)  The State Board of Education shall adopt rules that
1101require high schools to evaluate before the beginning of grade
110212 the college readiness of each student who indicates an
1103interest in postsecondary education and scores at Level 2 or
1104Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1105Level 3, or Level 4 on the mathematics assessments under s.
11061008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1107perform this evaluation using results from the corresponding
1108component of the common placement test prescribed in this
1109section, or an equivalent test identified by the State Board of
1110Education. The Department of Education shall purchase or develop
1111the assessments necessary to perform the evaluations required by
1112this subsection and shall work with the school districts to
1113administer the assessments. The State Board of Education shall
1114establish by rule the minimum test scores a student must achieve
1115to demonstrate readiness. Students who demonstrate readiness by
1116achieving the minimum test scores established by the state board
1117and enroll in a community college within 2 years of achieving
1118such scores shall not be required to enroll in remediation
1119courses as a condition of acceptance to any community college.
1120The high school shall use the results of the test to advise the
1121students of any identified deficiencies and to the maximum
1122extent practicable provide 12th grade students access to
1123appropriate remedial instruction prior to high school
1124graduation. The remedial instruction provided under this
1125subsection shall be a collaborative effort between secondary and
1126postsecondary educational institutions. To the extent courses
1127are available, the Florida Virtual School may be used to provide
1128the remedial instruction required by this subsection.
1129     Section 13.  Paragraphs (b) and (c) of subsection (3) of
1130section 1008.34, Florida Statutes, are amended to read:
1131     1008.34  School grading system; school report cards;
1132district grade.-
1133     (3)  DESIGNATION OF SCHOOL GRADES.-
1134     (b)1.  A school's grade shall be based on a combination of:
1135     a.  Student achievement scores, including performance on
1136all FCAT assessments administered under s. 1008.22(3)(c)1. and
1137end-of-course assessments administered under s.
11381008.22(3)(c)2.a., and achievement scores for students seeking a
1139special diploma.
1140     b.  Student learning gains in reading and mathematics as
1141measured by annual FCAT and end-of-course assessments in grades
11423 through 10; learning gains for students seeking a special
1143diploma, as measured by an alternate assessment tool, shall be
1144included not later than the 2009-2010 school year.
1145     c.  Improvement of the lowest 25th percentile of students
1146in the school in reading and, mathematics, or writing on the
1147FCAT and end-of-course assessments, unless these students are
1148exhibiting satisfactory performance.
1149     2.  Beginning with the 2009-2010 school year for schools
1150comprised of high school grades 9, 10, 11, and 12, or grades 10,
115111, and 12, 50 percent of the school grade shall be based on a
1152combination of the factors listed in sub-subparagraphs 1.a.-c.
1153and the remaining 50 percent on the following factors:
1154     a.  The high school graduation rate of the school;
1155     b.  As valid data becomes available, the performance and
1156participation of the school's students in College Board Advanced
1157Placement courses, International Baccalaureate courses, dual
1158enrollment courses, and Advanced International Certificate of
1159Education courses; and the students' achievement of national
1160industry certifications identified in the Industry Certification
1161Funding List, pursuant to rules adopted by the State Board of
1162Education certification, as determined by the Agency for
1163Workforce Innovation under s. 1003.492(2) in a career and
1164professional academy, as described in s. 1003.493;
1165     c.  Postsecondary readiness of the school's students as
1166measured by the SAT, ACT, or the common placement test;
1167     d.  The high school graduation rate of at-risk students who
1168scored at Level 2 or lower on the grade 8 FCAT Reading and
1169Mathematics examinations;
1170     e.  As valid data becomes available, the performance of the
1171school's students on statewide, standardized end-of-course
1172assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1173     f.  The growth or decline in the components listed in sub-
1174subparagraphs a.-e. from year to year.
1175     (c)  Student assessment data used in determining school
1176grades shall include:
1177     1.  The aggregate scores of all eligible students enrolled
1178in the school who have been assessed on the FCAT assessments
1179administered under s. 1008.22(3)(c)1. and end-of-course
1180assessments administered under s. 1008.22(3)(c)2.a.
1181     2.  The aggregate scores of all eligible students enrolled
1182in the school who have been assessed on the FCAT and end-of-
1183course assessments and who have scored at or in the lowest 25th
1184percentile of students in the school in reading and,
1185mathematics, or writing, unless these students are exhibiting
1186satisfactory performance.
1187     3.  Effective with the 2005-2006 school year, the
1188achievement scores and learning gains of eligible students
1189attending alternative schools that provide dropout prevention
1190and academic intervention services pursuant to s. 1003.53. The
1191term "eligible students" in this subparagraph does not include
1192students attending an alternative school who are subject to
1193district school board policies for expulsion for repeated or
1194serious offenses, who are in dropout retrieval programs serving
1195students who have officially been designated as dropouts, or who
1196are in programs operated or contracted by the Department of
1197Juvenile Justice. The student performance data for eligible
1198students identified in this subparagraph shall be included in
1199the calculation of the home school's grade. As used in this
1200section and s. 1008.341, the term "home school" means the school
1201to which the student would be assigned if the student were not
1202assigned to an alternative school. If an alternative school
1203chooses to be graded under this section, student performance
1204data for eligible students identified in this subparagraph shall
1205not be included in the home school's grade but shall be included
1206only in the calculation of the alternative school's grade. A
1207school district that fails to assign the FCAT and end-of-course
1208assessment scores of each of its students to his or her home
1209school or to the alternative school that receives a grade shall
1210forfeit Florida School Recognition Program funds for 1 fiscal
1211year. School districts must require collaboration between the
1212home school and the alternative school in order to promote
1213student success. This collaboration must include an annual
1214discussion between the principal of the alternative school and
1215the principal of each student's home school concerning the most
1216appropriate school assignment of the student.
1217     4.  Beginning with the 2009-2010 school year for schools
1218comprised of high school grades 9, 10, 11, and 12, or grades 10,
121911, and 12, the data listed in subparagraphs 1.-3. and the
1220following data as the Department of Education determines such
1221data are valid and available:
1222     a.  The high school graduation rate of the school as
1223calculated by the Department of Education;
1224     b.  The participation rate of all eligible students
1225enrolled in the school and enrolled in College Board Advanced
1226Placement courses; International Baccalaureate courses; dual
1227enrollment courses; Advanced International Certificate of
1228Education courses; and courses or sequence of courses leading to
1229national industry certifications identified in the Industry
1230Certification Funding List, pursuant to rules adopted by the
1231State Board of Education certification, as determined by the
1232Agency for Workforce Innovation under s. 1003.492(2) in a
1233and professional academy, as described in s. 1003.493;
1234     c.  The aggregate scores of all eligible students enrolled
1235in the school in College Board Advanced Placement courses,
1236International Baccalaureate courses, and Advanced International
1237Certificate of Education courses;
1238     d.  Earning of college credit by all eligible students
1239enrolled in the school in dual enrollment programs under s.
12401007.271;
1241     e.  Earning of national an industry certifications
1242identified in the Industry Certification Funding List, pursuant
1243to rules adopted by the State Board of Education certification,
1244as determined by the Agency for Workforce Innovation under s.
12451003.492(2) in a career and professional academy, as described
1246in s. 1003.493;
1247     f.  The aggregate scores of all eligible students enrolled
1248in the school in reading, mathematics, and other subjects as
1249measured by the SAT, the ACT, and the common placement test for
1250postsecondary readiness;
1251     g.  The high school graduation rate of all eligible at-risk
1252students enrolled in the school who scored at Level 2 or lower
1253on the grade 8 FCAT Reading and Mathematics examinations;
1254     h.  The performance of the school's students on statewide,
1255standardized end-of-course assessments administered under s.
12561008.22(3)(c)2.b. and c.; and
1257     i.  The growth or decline in the data components listed in
1258sub-subparagraphs a.-h. from year to year.
1259
1260The State Board of Education shall adopt appropriate criteria
1261for each school grade. The criteria must also give added weight
1262to student achievement in reading. Schools designated with a
1263grade of "C," making satisfactory progress, shall be required to
1264demonstrate that adequate progress has been made by students in
1265the school who are in the lowest 25th percentile in reading and,
1266mathematics, or writing on the FCAT and end-of-course
1267assessments, unless these students are exhibiting satisfactory
1268performance. Beginning with the 2009-2010 school year for
1269schools comprised of high school grades 9, 10, 11, and 12, or
1270grades 10, 11, and 12, the criteria for school grades must also
1271give added weight to the graduation rate of all eligible at-risk
1272students, as defined in this paragraph. Beginning in the 2009-
12732010 school year, in order for a high school to be designated as
1274having a grade of "A," making excellent progress, the school
1275must demonstrate that at-risk students, as defined in this
1276paragraph, in the school are making adequate progress.
1277     Section 14.  Subsection (3) of section 1008.341, Florida
1278Statutes, is amended to read:
1279     1008.341  School improvement rating for alternative
1280schools.-
1281     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1282used in determining an alternative school's school improvement
1283rating shall include:
1284     (a)  The aggregate scores on statewide assessments
1285administered under s. 1008.22 for of all eligible students who
1286were assigned to and enrolled in the school during the October
1287or February FTE count, who have been assessed on the FCAT, and
1288who have FCAT or comparable scores for the preceding school
1289year.
1290     (b)  The aggregate scores on statewide assessments
1291administered under s. 1008.22 for of all eligible students who
1292were assigned to and enrolled in the school during the October
1293or February FTE count, who have been assessed on the FCAT and
1294who have scored in the lowest 25th percentile of students in the
1295state on FCAT Reading.
1296
1297The assessment scores of students who are subject to district
1298school board policies for expulsion for repeated or serious
1299offenses, who are in dropout retrieval programs serving students
1300who have officially been designated as dropouts, or who are in
1301programs operated or contracted by the Department of Juvenile
1302Justice may not be included in an alternative school's school
1303improvement rating.
1304     Section 15.  Subsection (4) of section 1008.36, Florida
1305Statutes, is amended to read:
1306     1008.36  Florida School Recognition Program.-
1307     (4)  All selected schools shall receive financial awards
1308depending on the availability of funds appropriated and the
1309number and size of schools selected to receive an award. Funds
1310must be distributed to the school's fiscal agent and placed in
1311the school's account and must be used for purposes listed in
1312subsection (5) as determined jointly by the school's staff and
1313school advisory council. If school staff and the school advisory
1314council cannot reach agreement by February November 1, the
1315awards must be equally distributed to all classroom teachers
1316currently teaching in the school. Beginning with the 2009-2010
1317school year, if a school selected to receive a school
1318recognition award is no longer in existence at the time the
1319award is paid, the district school superintendent shall
1320determine how the school recognition funds shall be used to
1321support the district in accordance with subsection (5).
1322
1323Notwithstanding statutory provisions to the contrary, incentive
1324awards are not subject to collective bargaining.
1325     Section 16.  This act shall take effect July 1, 2010.


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