December 04, 2020
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CS/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 beginning with
15specified school years; specifying information that must
16be provided to students as part of the personalized
17academic and career plan; amending s. 1003.428, F.S.;
18revising requirements for high school graduation;
19requiring credit in an online course; requiring students
20entering grade 9 in specified school years to meet end-of-
21course assessment requirements and revised credit
22requirements in mathematics and science for high school
23graduation; requiring district school board standards for
24grades in certain courses; providing for waiver of end-of-
25course assessment results for the purpose of receiving a
26course grade and credit for students with disabilities;
27amending s. 1003.429, F.S.; revising requirements for
28accelerated high school graduation options; updating
29cross-references; requiring credit in an online course;
30requiring students entering grade 9 in specified school
31years to meet end-of-course assessment requirements and
32revised credit requirements in mathematics and science for
33high school graduation; requiring district school board
34standards for grades in certain courses; creating s.
351003.4295, F.S.; requiring high schools to advise students
36of, and offer, acceleration opportunities; establishing
37the Credit Acceleration Program to allow a secondary
38student who is not enrolled in or has not completed a
39course to earn credit if certain requirements are met;
40amending s. 1003.437, F.S.; revising the middle and high
41school grading system as it relates to grades for a high
42school student who fails an end-of-course assessment;
43amending s. 1003.493, F.S., relating to career and
44professional academies; clarifying provisions relating to
45industry certifications; conforming provisions to changes
46made by the act; amending s. 1007.35, F.S., relating to
47the Florida 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 the
51administration of certain FCAT Mathematics and FCAT
52Science assessments to be discontinued beginning in
53specified school years; providing requirements for
54administration of, and student performance on, statewide,
55standardized end-of-course assessments in mathematics and
56science beginning with students entering grade 9 in
57specified school years; clarifying provisions relating to
58industry certifications; providing for establishment of an
59implementation schedule to develop and administer end-of-
60course assessments in certain courses; requiring
61evaluation and reporting of transition to specified end-
62of-course assessments; deleting certain requirements
63relating to the assessment of writing; requiring the use
64of scaled scores and achievement levels for measuring a
65student's knowledge and skills; requiring the State Board
66of Education to designate passing scores for end-of-course
67assessments and scores that indicate high achievement;
68providing requirements for retaking specified assessments;
69providing for waiver of end-of-course assessment
70requirements for students in exceptional education
71programs and students who have limited English
72proficiency; revising provisions relating to testing and
73reporting schedules; conforming provisions and cross-
74references; deleting certain uses of concordant scores for
75the FCAT; deleting retake requirements for the use of
76concordant scores; authorizing the Commissioner of
77Education to adopt equivalent scores for end-of-course
78assessments; providing requirements for use of equivalent
79scores; amending s. 1008.25, F.S., relating to public
80school student progression, to conform to changes made by
81the act; amending s. 1008.30, F.S., relating to the common
82placement test, to conform to changes made by the act;
83amending s. 1008.34, F.S.; revising provisions that
84specify the basis for determining school grades to include
85student performance on end-of-course assessments and to
86conform provisions to current FCAT assessments; clarifying
87provisions relating to industry certifications; amending
88s. 1008.341, F.S.; revising provisions that specify the
89basis for determining an alternative school's school
90improvement rating to include student performance on end-
91of-course assessments; amending s. 1008.36, F.S.; revising
92provisions relating to the use of school recognition
93awards; providing an effective date.
94
95Be It Enacted by the Legislature of the State of Florida:
96
97     Section 1.  Subsection (3) of section 1003.25, Florida
98Statutes, is amended to read:
99     1003.25  Procedures for maintenance and transfer of student
100records.-
101     (3)  The State Board of Education shall establish, by rule,
102uniform procedures relating to the acceptance of credits and
103grades earned by students entering Florida's public schools.
104Credits and grades earned in courses, including those courses
105that in Florida would require a statewide, standardized end-of-
106course assessment under s. 1008.22(3)(c)2., shall be accepted at
107face value if based on official transcripts and subject to
108validation procedures established by rule transfer work and
109credit for students shall be prescribed by rule by the State
110Board of Education.
111     Section 2.  Paragraph (d) of subsection (3) and subsections
112(4) and (5) of section 1003.413, Florida Statutes, are amended
113to read:
114     1003.413  Florida Secondary School Redesign Act.-
115     (3)  Based on these guiding principles, district school
116boards shall establish policies to implement the requirements of
117ss. 1003.4156, 1003.428, and 1003.493. The policies must
118address:
119     (d)  Credit recovery courses and intensive reading and
120mathematics intervention courses based on student performance on
121the FCAT Reading and FCAT Mathematics. These courses should be
122competency based and offered through innovative delivery
123systems, including computer-assisted instruction. School
124districts should use learning gains as well as other appropriate
125data and provide incentives to identify and reward high-
126performing teachers who teach credit recovery and intensive
127intervention courses.
128     (4)  In order to support the successful implementation of
129this section by district school boards, the Department of
130Education shall:
131     (a)  By February 1, 2007, increase the number of approved
132applied, integrated, and combined courses available to school
133districts.
134     (b)  By the beginning of the 2006-2007 school year, make
135available a professional development package designed to provide
136the information that content area teachers need to become
137proficient in applying scientifically based reading strategies
138through their content areas.
139     (a)(c)  Share best practices for providing a complete
140education program to students enrolled in course recovery,
141credit recovery, intensive reading intervention, or intensive
142mathematics intervention.
143     (b)(d)  Expedite assistance and decisions and coordinate
144policies throughout all divisions within the department to
145provide school districts with support to implement this section.
146     (e)  Use data to provide the Legislature with an annual
147longitudinal analysis of the success of this reform effort,
148including the progress of 6th grade students and 9th grade
149students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
150     (5)  The Commissioner of Education shall create and
151implement the Secondary School Improvement Award Program to
152reward public secondary schools that demonstrate continuous
153student academic improvement and show the greatest gains in
154student academic achievement in reading and mathematics.
155     Section 3.  Paragraph (a) of subsection (1) of section
1561003.4156, Florida Statutes, is amended to read:
157     1003.4156  General requirements for middle grades
158promotion.-
159     (1)  Beginning with students entering grade 6 in the 2006-
1602007 school year, promotion from a school composed of middle
161grades 6, 7, and 8 requires that:
162     (a)  The student must successfully complete academic
163courses as follows:
164     1.  Three middle school or higher courses in English. These
165courses shall emphasize literature, composition, and technical
166text.
167     2.  Three middle school or higher courses in mathematics.
168Each middle school must offer at least one high school level
169mathematics course for which students may earn high school
170credit. Successful completion of a high school level Algebra I
171or geometry course is not contingent upon the student's
172performance on the end-of-course assessment required under s.
1731008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
174school year, to earn high school credit for an Algebra I course,
175a middle school student must pass the Algebra I end-of-course
176assessment and, beginning with the 2012-2013 school year, to
177earn high school credit for a geometry course, a middle school
178student must pass the geometry end-of-course assessment.
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, beginning with the 2012-2013 school year, to earn high
187school credit for a Biology I course, a middle school student
188must pass the Biology I end-of-course assessment.
189     5.  One course in career and education planning to be
190completed in 7th or 8th grade. The course may be taught by any
191member of the instructional staff; must include career
192exploration using Florida CHOICES for the 21st Century or a
193comparable cost-effective program; must include educational
194planning using the online student advising system known as
195Florida Academic Counseling and Tracking for Students at the
196Internet website FACTS.org; and shall result in the completion
197of a personalized academic and career plan. The required
198personalized academic and career plan must inform students of
199high school graduation requirements, high school assessment and
200college entrance test requirements, Florida Bright Futures
201Scholarship Program requirements, state university and Florida
202college admission requirements, and opportunities through which
203a high school student can earn college credit, including
204Advanced Placement, International Baccalaureate, Advanced
205International Certificate of Education, dual enrollment, career
206academy courses, and programs that lead to national industry
207certification.
208
209Each school must hold a parent meeting either in the evening or
210on a weekend to inform parents about the course curriculum and
211activities. Each student shall complete an electronic personal
212education plan that must be signed by the student; the student's
213instructor, guidance counselor, or academic advisor; and the
214student's parent. By January 1, 2007, The Department of
215Education shall develop course frameworks and professional
216development materials for the career exploration and education
217planning course. The course may be implemented as a stand-alone
218course or integrated into another course or courses. The
219Commissioner of Education shall collect longitudinal high school
220course enrollment data by student ethnicity in order to analyze
221course-taking patterns.
222     Section 4.  Subsections (1) and (2), paragraph (a) of
223subsection (4), and paragraph (b) of subsection (8) of section
2241003.428, Florida Statutes, are amended to read:
225     1003.428  General requirements for high school graduation;
226revised.-
227     (1)  Except as otherwise authorized pursuant to s.
2281003.429, beginning with students entering grade 9 their first
229year of high school in the 2007-2008 school year, graduation
230requires the successful completion of a minimum of 24 credits,
231an International Baccalaureate curriculum, or an Advanced
232International Certificate of Education curriculum. Students must
233be advised of eligibility requirements for state scholarship
234programs and postsecondary admissions.
235     (2)  The 24 credits may be earned through applied,
236integrated, and combined courses approved by the Department of
237Education. Beginning with students entering grade 9 in the 2013-
2382014 school year, one of the 24 credits must contain online
239learning. This requirement shall be met through an online course
240offered by the Florida Virtual School, through a course offered
241by the high school that significantly integrates online content,
242or through an online dual enrollment course offered pursuant to
243a district interinstitutional articulation agreement under s.
2441007.235. A student who is enrolled in a full-time virtual
245instruction program under s. 1002.45 meets this requirement. The
24624 credits and shall be distributed as follows:
247     (a)  Sixteen core curriculum credits:
248     1.  Four credits in English, with major concentration in
249composition, reading for information, and literature.
250     2.  Four credits in mathematics, one of which must be
251Algebra I, a series of courses equivalent to Algebra I, or a
252higher-level mathematics course. Beginning with students
253entering grade 9 in the 2010-2011 school year, in addition to
254the Algebra I credit requirement, one of the four credits in
255mathematics must be geometry or a series of courses equivalent
256to geometry as approved by the State Board of Education.
257Beginning with students entering grade 9 in the 2010-2011 school
258year, the end-of-course assessment requirements under s.
2591008.22(3)(c)2.a.(I) must be met in order for a student to earn
260the required credit in Algebra I. Beginning with students
261entering grade 9 in the 2011-2012 school year, the end-of-course
262assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
263met in order for a student to earn the required credit in
264geometry. Beginning with students entering grade 9 in the 2012-
2652013 school year, in addition to the Algebra I and geometry
266credit requirements, one of the four credits in mathematics must
267be Algebra II or a series of courses equivalent to Algebra II as
268approved by the State Board of Education. School districts are
269encouraged to set specific goals to increase enrollments in, and
270successful completion 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 credit in Algebra I. Beginning with
464students entering grade 9 in the 2011-2012 school year, the end-
465of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
466must be met in order for a student to earn the required credit
467in geometry. Beginning with students entering grade 9 in the
4682012-2013 school year, in addition to the Algebra I and geometry
469credit requirements, one of the four credits in mathematics must
470be Algebra II or a series of courses equivalent to Algebra II as
471approved by the State Board of Education;
472     3.  Three credits in natural science, two of which must
473have a laboratory component. Beginning with students entering
474grade 9 in the 2011-2012 school year, one of the three credits
475in science must be Biology I or a series of courses equivalent
476to Biology I as approved by the State Board of Education.
477Beginning with students entering grade 9 in the 2011-2012 school
478year, the end-of-course assessment requirements under s.
4791008.22(3)(c)2.a.(II) must be met in order for a student to earn
480the required credit in Biology I. Beginning with students
481entering grade 9 in the 2013-2014 school year, in addition to
482the Biology I credit requirement, one of the three credits in
483science must be chemistry or physics or a series of courses
484equivalent to chemistry or physics as approved by the State
485Board of Education;
486     4.  Three credits in social sciences, which must include
487one credit in United States American history, one credit in
488world history, one-half credit in United States American
489government, and one-half credit in economics;
490     5.  Two credits in the same second language unless the
491student is a native speaker of or can otherwise demonstrate
492competency in a language other than English. If the student
493demonstrates competency in another language, the student may
494replace the language requirement with two credits in other
495academic courses; and
496     6.  Three credits and, beginning with students entering
497grade 9 in the 2010-2011 school year, two credits in electives;
498or
499     (c)  Completion of a 3-year career preparatory program
500requiring successful completion of a minimum of 18 academic
501credits in grades 9 through 12. Beginning with students entering
502grade 9 in the 2013-2014 school year, one of the 18 credits must
503contain online learning. This requirement shall be met through
504an online course offered by the Florida Virtual School, through
505a course offered by the high school that significantly
506integrates online content, or through an online dual enrollment
507course offered pursuant to a district interinstitutional
508articulation agreement under s. 1007.235. A student who is
509enrolled in a full-time virtual instruction program under s.
5101002.45 meets this requirement. The 18 credits shall be primary
511requirements and shall be distributed as follows:
512     1.  Four credits in English, with major concentration in
513composition and literature;
514     2.  Three credits and, beginning with students entering
515grade 9 in the 2010-2011 school year, four credits in
516mathematics, one of which must be Algebra I. Beginning with
517students entering grade 9 in the 2010-2011 school year, in
518addition to the Algebra I credit requirement, one of the four
519credits in mathematics must be geometry or a series of courses
520equivalent to geometry as approved by the State Board of
521Education. Beginning with students entering grade 9 in the 2010-
5222011 school year, the end-of-course assessment requirements
523under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
524to earn the required credit in Algebra I. Beginning with
525students entering grade 9 in the 2011-2012 school year, the end-
526of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
527must be met in order for a student to earn the required credit
528in geometry. Beginning with students entering grade 9 in the
5292012-2013 school year, in addition to the Algebra I and geometry
530credit requirements, one of the four credits in mathematics must
531be Algebra II or a series of courses equivalent to Algebra II as
532approved by the State Board of Education;
533     3.  Three credits in natural science, two of which must
534have a laboratory component. Beginning with students entering
535grade 9 in the 2011-2012 school year, one of the three credits
536in science must be Biology I or a series of courses equivalent
537to Biology I as approved by the State Board of Education.
538Beginning with students entering grade 9 in the 2011-2012 school
539year, the end-of-course assessment requirements under s.
5401008.22(3)(c)2.a.(II) must be met in order for a student to earn
541the required credit in Biology I. Beginning with students
542entering grade 9 in the 2013-2014 school year, in addition to
543the Biology I credit requirement, one of the three credits in
544science must be chemistry or physics or a series of courses
545equivalent to chemistry or physics as approved by the State
546Board of Education;
547     4.  Three credits in social sciences, which must include
548one credit in United States American history, one credit in
549world history, one-half credit in United States American
550government, and one-half credit in economics;
551     5.  Three credits in a single vocational or career
552education program, three credits in career and technical
553certificate dual enrollment courses, or five credits in
554vocational or career education courses; and
555     6.  Two credits and, beginning with students entering grade
5569 in the 2010-2011 school year, one credit in electives unless
557five credits are earned pursuant to subparagraph 5.
558
559Any student who selected an accelerated graduation program
560before July 1, 2004, may continue that program, and all
561statutory program requirements that were applicable when the
562student made the program choice shall remain applicable to the
563student as long as the student continues that program.
564     (5)  District school boards may not establish requirements
565for accelerated 3-year high school graduation options in excess
566of the requirements in paragraphs (1)(b) and (c). For courses
567that require statewide, standardized end-of-course assessments
568under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
569student's course grade shall be comprised of performance on the
570statewide, standardized end-of-course assessment.
571     (7)  If, at the end of grade 10, a student is not on track
572to meet the credit, assessment, or grade-point-average
573requirements of the accelerated graduation option selected, the
574school shall notify the student and parent of the following:
575     (c)  The right of the student to change to the 4-year
576program set forth in s. 1003.428 or s. 1003.43, as applicable.
577     (8)  A student who selected one of the accelerated 3-year
578graduation options shall automatically move to the 4-year
579program set forth in s. 1003.428 or s. 1003.43, as applicable,
580if the student:
581     (a)  Exercises his or her right to change to the 4-year
582program;
583     (b)  Fails to earn 5 credits by the end of grade 9 or fails
584to earn 11 credits by the end of grade 10;
585     (c)  Does not achieve a score of 3 or higher on the grade
58610 FCAT Writing assessment; or
587     (d)  By the end of grade 11 does not meet the requirements
588of subsections (1) and (6).
589     Section 6.  Section 1003.4295, Florida Statutes, is created
590to read:
591     1003.4295  Acceleration opportunities for secondary
592students.-
593     (1)  Each high school shall advise each student of
594opportunities through which a high school student can earn
595college credit, including Advanced Placement, International
596Baccalaureate, Advanced International Certificate of Education,
597dual enrollment, career academy courses, and programs that lead
598to national industry certification, as well as the availability
599of course offerings through the Florida Virtual School.
600     (2)  Beginning with the 2011-2012 school year, each high
601school shall offer an International Baccalaureate Program, an
602Advanced International Certificate of Education Program, or a
603combination of at least four courses in dual enrollment or
604Advanced Placement, including one course each in English,
605mathematics, science, and social studies. To meet this
606requirement, school districts may utilize the course offerings
607provided by the Florida Virtual School established under s.
6081002.37 or through virtual instruction programs authorized under
609s. 1002.45.
610     (3)  The Credit Acceleration Program (CAP) is established
611to allow a secondary student to earn high school credit in a
612course that requires a statewide, standardized end-of-course
613assessment if the student attains a specified score on the
614assessment. Notwithstanding s. 1003.436, a school district shall
615award a course credit to a student who is not enrolled in the
616course or who has not completed the course if the student
617attains a score that indicates the student is high achieving,
618pursuant to s. 1008.22(3)(c)7., on the corresponding statewide,
619standardized end-of-course assessment. A student who is not
620enrolled in the course or who has not completed the course may
621take the statewide, standardized end-of-course assessment during
622the regular administration of the assessment and may only take
623the end-of-course assessment once pursuant to this subsection.
624     Section 7.  Subsection (6) of section 1003.437, Florida
625Statutes, is amended to read:
626     1003.437  Middle and high school grading system.-The
627grading system and interpretation of letter grades used for
628students in public schools in grades 6-12 shall be as follows:
629     (6)  Grade "I" equals zero percent, has a grade point
630average value of zero, and is defined as "incomplete." A high
631school student who fails to pass an end-of-course assessment
632required under s. 1008.22(3)(c) may receive a grade "I" in the
633course until the next administration of the end-of-course
634assessment. If the student then passes the end-of-course
635assessment, the appropriate grade shall be substituted.
636
637For the purposes of class ranking, district school boards may
638exercise a weighted grading system pursuant to s. 1007.271.
639     Section 8.  Paragraph (k) of subsection (4) of section
6401003.493, Florida Statutes, is amended to read:
641     1003.493  Career and professional academies.-
642     (4)  Each career and professional academy must:
643     (k)  Include an evaluation plan developed jointly with the
644Department of Education and the local workforce board. The
645evaluation plan must include an assessment tool based on
646national industry standards, such as the Career Academy National
647Standards of Practice, and outcome measures, including, but not
648limited to, achievement of national industry certifications
649identified in the Industry Certification Funding List, pursuant
650to rules adopted by the State Board of Education, graduation
651rates, enrollment in postsecondary education, business and
652industry satisfaction, employment and earnings, awards of
653postsecondary credit and scholarships, and student FCAT
654achievement levels and learning gains on statewide assessments
655administered under s. 1008.22(3)(c). The Department of Education
656shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
657in identifying industry experts to participate in developing and
658implementing such assessments.
659     Section 9.  Paragraph (c) of subsection (6) of section
6601007.35, Florida Statutes, is amended to read:
661     1007.35  Florida Partnership for Minority and
662Underrepresented Student Achievement.-
663     (6)  The partnership shall:
664     (c)  Provide teacher training and materials that are
665aligned with the Next Generation Sunshine State Standards and
666are consistent with best theory and practice regarding multiple
667learning styles and research on learning, instructional
668strategies, instructional design, and classroom assessment.
669Curriculum materials must be based on current, accepted, and
670essential academic knowledge. Materials for prerequisite courses
671should, at a minimum, address the skills assessed on the Florida
672Comprehensive Assessment Test (FCAT).
673     Section 10.  Paragraph (c) of subsection (3) and
674subsections (6), (9), and (10) of section 1008.22, Florida
675Statutes, are amended, present subsections (11) and (12) are
676renumbered as subsections (12) and (13), respectively, and a new
677subsection (11) is added to that section, to read:
678     1008.22  Student assessment program for public schools.-
679     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
680design and implement a statewide program of educational
681assessment that provides information for the improvement of the
682operation and management of the public schools, including
683schools operating for the purpose of providing educational
684services to youth in Department of Juvenile Justice programs.
685The commissioner may enter into contracts for the continued
686administration of the assessment, testing, and evaluation
687programs authorized and funded by the Legislature. Contracts may
688be initiated in 1 fiscal year and continue into the next and may
689be paid from the appropriations of either or both fiscal years.
690The commissioner is authorized to negotiate for the sale or
691lease of tests, scoring protocols, test scoring services, and
692related materials developed pursuant to law. Pursuant to the
693statewide assessment program, the commissioner shall:
694     (c)  Develop and implement a student achievement testing
695program as follows:
696     1.  known as The Florida Comprehensive Assessment Test
697(FCAT) measures as part of the statewide assessment program to
698measure a student's content knowledge and skills in reading,
699writing, science, and mathematics. The content knowledge and
700skills assessed by the FCAT must be aligned to the core
701curricular content established in the Next Generation Sunshine
702State Standards. Other content areas may be included as directed
703by the commissioner. Comprehensive assessments of reading and
704mathematics shall be administered annually in grades 3 through
70510 except, beginning with the 2010-2011 school year, the
706administration of grade 9 FCAT Mathematics shall be discontinued
707and, beginning with the 2011-2012 school year, the
708administration of grade 10 FCAT Mathematics shall be
709discontinued, except as required for those students who have not
710attained minimum performance expectations for graduation as
711provided in paragraph (9)(c). FCAT Comprehensive assessments of
712Writing and FCAT Science shall be administered at least once at
713the elementary, middle, and high school levels except, beginning
714with the 2011-2012 school year, the administration of FCAT
715Science at the high school level shall be discontinued.
716     2.a.  End-of-course assessments for a subject shall may be
717administered in addition to the comprehensive assessments
718required for that subject under subparagraph 1. this paragraph.
719An End-of-course assessments assessment must be rigorous,
720statewide, standardized, and developed or approved by the
721department. The content knowledge and skills assessed by
722comprehensive and end-of-course assessments must be aligned to
723the core curricular content established in the Next Generation
724Sunshine State Standards.
725     (I)  Statewide, standardized end-of-course assessments in
726mathematics shall be administered according to this sub-sub-
727subparagraph. Beginning with the 2010-2011 school year, all
728students enrolled in Algebra I or an equivalent course must take
729the Algebra I end-of-course assessment. Students who earned
730credit in Algebra I while in grades 6 through 8 during the 2007-
7312008 through 2009-2010 school years and who have not taken grade
73210 FCAT Mathematics must take the Algebra I end-of-course
733assessment during the 2010-2011 school year. For students
734entering grade 9 during the 2010-2011 school year who are
735enrolled in Algebra I or an equivalent course, each student's
736performance on the end-of-course assessment in Algebra I shall
737constitute 30 percent of the student's final course grade.
738Beginning with students entering grade 9 in the 2011-2012 school
739year, a student who is enrolled in Algebra I or an equivalent
740course must earn a passing score on the end-of-course assessment
741in Algebra I in order to earn course credit. Beginning with the
7422011-2012 school year, all students enrolled in geometry or an
743equivalent course must take the geometry end-of-course
744assessment. For students entering grade 9 during the 2011-2012
745school year, each student's performance on the end-of-course
746assessment in geometry shall constitute 30 percent of the
747student's final course grade. Beginning with students entering
748grade 9 during the 2012-2013 school year, a student must earn a
749passing score on the end-of-course assessment in geometry in
750order to pass the course and earn course credit.
751     (II)  A statewide, standardized end-of-course assessment in
752Biology I shall be administered according to this sub-sub-
753subparagraph. Beginning with the 2011-2012 school year, all
754students enrolled in Biology I or an equivalent course must take
755the Biology I end-of-course assessment. For students entering
756grade 9 during the 2011-2012 school year, each student's
757performance on the end-of-course assessment in Biology I shall
758constitute 30 percent of the student's final course grade.
759Beginning with students entering grade 9 during the 2012-2013
760school year, a student must earn a passing score on the end-of-
761course assessment in Biology I in order to pass the course and
762earn course credit.
763     b.  The commissioner may select one or more nationally
764developed comprehensive examinations, which may include, but
765need not be limited to, examinations for a College Board
766Advanced Placement course, International Baccalaureate course,
767or Advanced International Certificate of Education course or
768industry-approved examinations to earn national industry
769certifications identified in the Industry Certification Funding
770List, pursuant to rules adopted by the State Board of Education
771as defined in s. 1003.492, for use as end-of-course assessments
772under this paragraph, if the commissioner determines that the
773content knowledge and skills assessed by the examinations meet
774or exceed the grade level expectations for the core curricular
775content established for the course in the Next Generation
776Sunshine State Standards. The commissioner may collaborate with
777the American Diploma Project in the adoption or development of
778rigorous end-of-course assessments that are aligned to the Next
779Generation Sunshine State Standards. The testing program must be
780designed as follows:
781     c.  Contingent upon funding provided in the General
782Appropriations Act, including appropriation of federal funds,
783the Commissioner of Education shall establish an implementation
784schedule for the development and administration of statewide,
785standardized end-of-course assessments in English/Language Arts
786II, Algebra II, chemistry, physics, earth/space science, United
787States history, and world history. Priority shall be given to
788the development of an end-of-course assessment in
789English/Language Arts II. The Commissioner of Education shall
790evaluate the feasibility and effect of transitioning from the
791grade 9 and grade 10 FCAT Reading and high school level FCAT
792Writing to an end-of-course assessment in English/Language Arts
793II. The commissioner shall report the results of the evaluation
794to the President of the Senate and the Speaker of the House of
795Representatives no later July 1, 2011.
796     3.1.  The testing program tests shall measure student
797skills and competencies adopted by the State Board of Education
798as specified in paragraph (a) and. The tests must measure and
799report student performance proficiency levels of all students
800assessed in reading, writing, mathematics, and science. The
801commissioner shall provide for the tests to be developed or
802obtained, as appropriate, through contracts and project
803agreements with private vendors, public vendors, public
804agencies, postsecondary educational institutions, or school
805districts. The commissioner shall obtain input with respect to
806the design and implementation of the testing program from state
807educators, assistive technology experts, and the public.
808     4.2.  The testing program shall be composed of criterion-
809referenced tests that shall, to the extent determined by the
810commissioner, include test items that require the student to
811produce information or perform tasks in such a way that the core
812content knowledge and skills he or she uses can be measured.
813     3.  Beginning with the 2008-2009 school year, the
814commissioner shall discontinue administration of the selected-
815response test items on the comprehensive assessments of writing.
816Beginning with the 2012-2013 school year, the comprehensive
817assessments of writing shall be composed of a combination of
818selected-response test items, short-response performance tasks,
819and extended-response performance tasks, which shall measure a
820student's content knowledge of writing, including, but not
821limited to, paragraph and sentence structure, sentence
822construction, grammar and usage, punctuation, capitalization,
823spelling, parts of speech, verb tense, irregular verbs, subject-
824verb agreement, and noun-pronoun agreement.
825     5.4.  FCAT Reading, Mathematics, and Science and all
826statewide, standardized end-of-course assessments shall measure,
827by use of scaled scores and achievement levels, the content
828knowledge and skills a student has attained. Achievement levels
829shall range from 1 through 5, with level 1 being the lowest
830achievement level, level 5 being the highest achievement level,
831and level 3 indicating satisfactory performance on an
832assessment. For FCAT Writing, student achievement shall be
833scored using the rubric scale of 1 through 6 and the score
834earned shall be used in calculating school grades. A score shall
835be designated for each subject area tested, below which score a
836student's performance is deemed inadequate. The school districts
837shall provide appropriate remedial instruction to students who
838score below these levels.
839     6.5.  Except as provided in s. 1003.428(8)(b) or s.
8401003.43(11)(b), students must earn a passing score on the grade
84110 assessment test described in this paragraph or attain
842concordant scores as described in subsection (10) in reading,
843writing, and mathematics to qualify for a standard high school
844diploma. The State Board of Education shall, by rule, designate
845a passing score for each part of the grade 10 assessment test
846and end-of-course assessments. In establishing passing scores,
847the state board shall consider any possible negative impact of
848the test on minority students. The State Board of Education
849shall adopt rules which specify the passing scores for the grade
85010 FCAT. Any such rules that, which have the effect of raising
851the required passing scores, shall apply only to students taking
852the assessment grade 10 FCAT for the first time after such rules
853are adopted by the State Board of Education. Except as otherwise
854provided in this paragraph and as provided in s. 1003.428(8)(b)
855or s. 1003.43(11)(b), students must earn a passing score on
856grade 10 FCAT Reading and grade 10 FCAT Mathematics or attain
857concordant scores as described in subsection (10) to qualify for
858a standard high school diploma.
859     7.  In addition to designating a passing score under
860subparagraph 6., the State Board of Education shall also
861designate, by rule, a score for each statewide, standardized
862end-of-course assessment which indicates that a student is high
863achieving and is likely to meet college-readiness standards by
864the time the student graduates from high school.
865     8.6.  Participation in the testing program is mandatory for
866all students attending public school, including students served
867in Department of Juvenile Justice programs, except as otherwise
868prescribed by the commissioner. A student who has not earned
869passing scores on the grade 10 FCAT as provided in subparagraph
8706. must participate in each retake of the assessment until the
871student earns passing scores or achieves scores on a
872standardized assessment that are concordant with passing scores
873pursuant to subsection (10). If a student does not participate
874in the statewide assessment, the district must notify the
875student's parent and provide the parent with information
876regarding the implications of such nonparticipation. A parent
877must provide signed consent for a student to receive classroom
878instructional accommodations that would not be available or
879permitted on the statewide assessments and must acknowledge in
880writing that he or she understands the implications of such
881instructional accommodations. The State Board of Education shall
882adopt rules, based upon recommendations of the commissioner, for
883the provision of test accommodations for students in exceptional
884education programs and for students who have limited English
885proficiency. Accommodations that negate the validity of a
886statewide assessment are not allowable in the administration of
887the FCAT or an end-of-course assessment. However, instructional
888accommodations are allowable in the classroom if included in a
889student's individual education plan. Students using
890instructional accommodations in the classroom that are not
891allowable as accommodations on the FCAT or an end-of-course
892assessment may have the FCAT or end-of-course assessment
893requirement waived pursuant to the requirements of s.
8941003.428(8)(b) or s. 1003.43(11)(b).
895     9.7.  A student seeking an adult high school diploma must
896meet the same testing requirements that a regular high school
897student must meet.
898     10.8.  District school boards must provide instruction to
899prepare students to demonstrate proficiency in the core
900curricular content established in the Next Generation Sunshine
901State Standards adopted under s. 1003.41, including the core
902content knowledge and skills necessary for successful grade-to-
903grade progression and high school graduation. If a student is
904provided with instructional accommodations in the classroom that
905are not allowable as accommodations in the statewide assessment
906program, as described in the test manuals, the district must
907inform the parent in writing and must provide the parent with
908information regarding the impact on the student's ability to
909meet expected performance proficiency levels in reading,
910writing, and mathematics, and science. The commissioner shall
911conduct studies as necessary to verify that the required core
912curricular content is part of the district instructional
913programs.
914     11.9.  District school boards must provide opportunities
915for students to demonstrate an acceptable level of performance
916on an alternative standardized assessment approved by the State
917Board of Education following enrollment in summer academies.
918     12.10.  The Department of Education must develop, or
919select, and implement a common battery of assessment tools that
920will be used in all juvenile justice programs in the state.
921These tools must accurately measure the core curricular content
922established in the Next Generation Sunshine State Standards.
923     13.11.  For students seeking a special diploma pursuant to
924s. 1003.438, the Department of Education must develop or select
925and implement an alternate assessment tool that accurately
926measures the core curricular content established in the Next
927Generation Sunshine State Standards for students with
928disabilities under s. 1003.438.
929     14.12.  The Commissioner of Education shall establish
930schedules for the administration of statewide assessments and
931the reporting of student test results. When establishing the
932schedules for the administration of statewide assessments, the
933commissioner shall consider the observance of religious and
934school holidays. The commissioner shall, by August 1 of each
935year, notify each school district in writing and publish on the
936department's Internet website the testing and reporting
937schedules for, at a minimum, the school year following the
938upcoming school year. The testing and reporting schedules shall
939require that:
940     a.  There is the latest possible administration of
941statewide assessments and the earliest possible reporting to the
942school districts of student test results which is feasible
943within available technology and specific appropriations;
944however, test results for the FCAT must be made available no
945later than the week of June 8. Student results for end-of-course
946assessments must be provided no later than 1 week after the
947school district completes testing for each course final day of
948the regular school year for students.
949     b.  Beginning with the 2010-2011 school year, FCAT a
950comprehensive statewide assessment of Writing is not
951administered earlier than the week of March 1 and a
952comprehensive statewide assessment of any other subject is not
953administered earlier than the week of April 15.
954     c.  A statewide, standardized end-of-course assessment is
955administered during a 3-week period at the end of a year-long
956course. The commissioner shall select a 3-week administration
957period for assessments that meets the intent of end-of-course
958assessments and provides student results prior to the end of the
959course. School districts shall select one testing week within
960the 3-week administration period for each end-of-course
961assessment. For an end-of-course assessment administered at the
962end of a semester-long course, the commissioner shall determine
963the most appropriate testing dates based on a school district's
964academic calendar within the last 2 weeks of the course.
965
966The commissioner may, based on collaboration and input from
967school districts, design and implement student testing programs,
968for any grade level and subject area, necessary to effectively
969monitor educational achievement in the state, including the
970measurement of educational achievement of the Next Generation
971Sunshine State Standards for students with disabilities.
972Development and refinement of assessments shall include
973universal design principles and accessibility standards that
974will prevent any unintended obstacles for students with
975disabilities while ensuring the validity and reliability of the
976test. These principles should be applicable to all technology
977platforms and assistive devices available for the assessments.
978The field testing process and psychometric analyses for the
979statewide assessment program must include an appropriate
980percentage of students with disabilities and an evaluation or
981determination of the effect of test items on such students.
982     (6)  SCHOOL TESTING PROGRAMS.-Each public school shall
983participate in the statewide assessment program in accordance
984with the testing and reporting schedules published by the
985Commissioner of Education under subparagraph (3)(c)14.12. unless
986specifically exempted by state board rule based on serving a
987specialized population for which standardized testing is not
988appropriate. Student performance data shall be analyzed and
989reported to parents, the community, and the state. Student
990performance data shall be used in developing objectives of the
991school improvement plan, evaluation of instructional personnel,
992evaluation of administrative personnel, assignment of staff,
993allocation of resources, acquisition of instructional materials
994and technology, performance-based budgeting, and promotion and
995assignment of students into educational programs. The analysis
996of student performance data also must identify strengths and
997needs in the educational program and trends over time. The
998analysis must be used in conjunction with the budgetary planning
999processes developed pursuant to s. 1008.385 and the development
1000of the programs of remediation.
1001     (9)  APPLICABILITY OF TESTING STANDARDS.-
1002     (a)  If the Commissioner of Education revises a statewide
1003assessment and the revisions require the State Board of
1004Education to modify the assessment's performance proficiency
1005levels or modify the passing scores required for a
1006school diploma, until the state board adopts the modifications
1007by rule, the commissioner shall use calculations for scoring the
1008assessment which adjust student scores on the revised assessment
1009for statistical equivalence to student scores on the former
1010assessment.
1011     (b)  A student must attain the passing scores on the
1012statewide assessment required for a standard high school diploma
1013or for high school course credits under sub-sub-subparagraphs
1014(3)(c)2.a.(I) and (II) which are in effect at the time the
1015student enters grade 9 if the student's enrollment is
1016continuous.
1017     (c)  If the commissioner revises a statewide assessment and
1018the revisions require the State Board of Education to modify the
1019passing scores required for a standard high school diploma or
1020for high school course credits under sub-sub-subparagraphs
1021(3)(c)2.a (I) and (II), the commissioner may, with approval of
1022the state board, discontinue administration of the former
1023assessment upon the graduation, based on normal student
1024progression, of students participating in the final regular
1025administration of the former assessment. The state board shall
1026adopt by rule passing scores for the revised assessment which
1027are statistically equivalent to passing scores on the
1028discontinued assessment for a student required under paragraph
1029(b) to attain passing scores on the discontinued assessment.
1030     (10)  CONCORDANT SCORES FOR THE FCAT.-
1031     (a)  The Commissioner State Board of Education shall
1032analyze the content and concordant data sets for widely used
1033high school achievement tests, including, but not limited to,
1034the PSAT, PLAN, SAT, ACT, and College Placement Test, to assess
1035if concordant scores for FCAT scores can be determined for high
1036school graduation, college placement, and scholarship awards.
1037When In cases where content alignment and concordant scores can
1038be determined, the Commissioner of Education shall adopt those
1039scores as meeting the graduation requirement in lieu of
1040achieving the FCAT passing score and may adopt those scores as
1041being sufficient to achieve additional purposes as determined by
1042rule. Each time that test content or scoring procedures change
1043for the FCAT or for a high school achievement test for which a
1044concordant score is determined, new concordant scores must be
1045determined. Concordant scores earned before taking the grade 10
1046FCAT for the first time in grade 10 may not be used to satisfy
1047the requirement in this paragraph.
1048     (b)  In order to use a concordant subject area score
1049pursuant to this subsection to satisfy the assessment
1050requirement for a standard high school diploma as provided in s.
10511003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1052take each subject area of the grade 10 FCAT a total of three
1053times without earning a passing score. The requirements of this
1054paragraph shall not apply to a new student who enters the
1055Florida public school system in grade 12, who may either achieve
1056a passing score on the FCAT or use an approved subject area
1057concordant score to fulfill the graduation requirement.
1058     (b)(c)  The State Board of Education may define by rule the
1059allowable uses, other than to satisfy the high school graduation
1060requirement, for concordant scores as described in this
1061subsection. Such uses may include, but need not be limited to,
1062achieving appropriate standardized test scores required for the
1063awarding of Florida Bright Futures Scholarships and college
1064placement.
1065     (11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1066     (a)  The Commissioner of Education shall analyze the
1067content and equivalent data sets for high school achievement
1068tests, including, but not limited to, grade 10 FCAT Mathematics
1069retakes until such retakes are discontinued pursuant to
1070subsection (9), the PSAT, the PLAN, the SAT, the ACT, and the
1071College Placement Test, to assess if equivalent scores for end-
1072of-course assessment scores can be determined for passage of an
1073end-of-course assessment. When content alignment and equivalent
1074scores can be determined, the Commissioner of Education shall
1075adopt those scores as meeting the requirement to pass the end-
1076of-course assessment and as being sufficient to achieve
1077additional purposes as determined by rule. Each time that
1078assessment content or scoring procedures change for an end-of-
1079course assessment or for a high school achievement test for
1080which an equivalent score is determined, new equivalent scores
1081must be determined. Equivalent scores earned before taking an
1082end-of-course assessment for the first time may not be used to
1083satisfy the requirement in this subsection.
1084     (b)  In order to use an equivalent score pursuant to this
1085subsection to satisfy the end-of-course assessment requirements
1086under sub-subparagraph (3)(c)2.a., a student must have received
1087a grade "F" in a course solely because the student failed to
1088pass the end-of-course assessment. Use of an equivalent score
1089adopted by the Commissioner of Education under paragraph (a) for
1090purposes of grade adjustment, grade forgiveness, or course
1091credit recovery is contingent upon and subject to district
1092school board rules.
1093     Section 11.  Paragraph (a) of subsection (4) of section
10941008.25, Florida Statutes, is amended to read:
1095     1008.25  Public school student progression; remedial
1096instruction; reporting requirements.-
1097     (4)  ASSESSMENT AND REMEDIATION.-
1098     (a)  Each student must participate in the statewide
1099assessment tests required by s. 1008.22. Each student who does
1100not meet specific levels of performance as determined by the
1101district school board in FCAT Reading, Writing, Science, and
1102Mathematics for each grade level, or who scores below Level 3 in
1103FCAT Reading or FCAT Mathematics math, must be provided with
1104additional diagnostic assessments to determine the nature of the
1105student's difficulty, the areas of academic need, and strategies
1106for appropriate intervention and instruction as described in
1107paragraph (b).
1108     Section 12.  Subsection (3) of section 1008.30, Florida
1109Statutes, is amended to read:
1110     1008.30  Common placement testing for public postsecondary
1111education.-
1112     (3)  The State Board of Education shall adopt rules that
1113require high schools to evaluate before the beginning of grade
111412 the college readiness of each student who indicates an
1115interest in postsecondary education and scores at Level 2 or
1116Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1117Level 3, or Level 4 on the mathematics assessments under s.
11181008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1119perform this evaluation using results from the corresponding
1120component of the common placement test prescribed in this
1121section, or an equivalent test identified by the State Board of
1122Education. The Department of Education shall purchase or develop
1123the assessments necessary to perform the evaluations required by
1124this subsection and shall work with the school districts to
1125administer the assessments. The State Board of Education shall
1126establish by rule the minimum test scores a student must achieve
1127to demonstrate readiness. Students who demonstrate readiness by
1128achieving the minimum test scores established by the state board
1129and enroll in a community college within 2 years of achieving
1130such scores shall not be required to enroll in remediation
1131courses as a condition of acceptance to any community college.
1132The high school shall use the results of the test to advise the
1133students of any identified deficiencies and to the maximum
1134extent practicable provide 12th grade students access to
1135appropriate remedial instruction prior to high school
1136graduation. The remedial instruction provided under this
1137subsection shall be a collaborative effort between secondary and
1138postsecondary educational institutions. To the extent courses
1139are available, the Florida Virtual School may be used to provide
1140the remedial instruction required by this subsection.
1141     Section 13.  Paragraphs (b) and (c) of subsection (3) of
1142section 1008.34, Florida Statutes, are amended to read:
1143     1008.34  School grading system; school report cards;
1144district grade.-
1145     (3)  DESIGNATION OF SCHOOL GRADES.-
1146     (b)1.  A school's grade shall be based on a combination of:
1147     a.  Student achievement scores, including performance on
1148all FCAT assessments administered under s. 1008.22(3)(c)1. and
1149end-of-course assessments administered under s.
11501008.22(3)(c)2.a., and achievement scores for students seeking a
1151special diploma.
1152     b.  Student learning gains in reading and mathematics as
1153measured by annual FCAT and end-of-course assessments in grades
11543 through 10; learning gains for students seeking a special
1155diploma, as measured by an alternate assessment tool, shall be
1156included not later than the 2009-2010 school year.
1157     c.  Improvement of the lowest 25th percentile of students
1158in the school in reading and, mathematics, or writing on the
1159FCAT and end-of-course assessments, unless these students are
1160exhibiting satisfactory performance.
1161     2.  Beginning with the 2009-2010 school year for schools
1162comprised of high school grades 9, 10, 11, and 12, or grades 10,
116311, and 12, 50 percent of the school grade shall be based on a
1164combination of the factors listed in sub-subparagraphs 1.a.-c.
1165and the remaining 50 percent on the following factors:
1166     a.  The high school graduation rate of the school;
1167     b.  As valid data becomes available, the performance and
1168participation of the school's students in College Board Advanced
1169Placement courses, International Baccalaureate courses, dual
1170enrollment courses, and Advanced International Certificate of
1171Education courses; and the students' achievement of national
1172industry certifications identified in the Industry Certification
1173Funding List, pursuant to rules adopted by the State Board of
1174Education certification, as determined by the Agency for
1175Workforce Innovation under s. 1003.492(2) in a career and
1176professional academy, as described in s. 1003.493;
1177     c.  Postsecondary readiness of the school's students as
1178measured by the SAT, ACT, or the common placement test;
1179     d.  The high school graduation rate of at-risk students who
1180scored at Level 2 or lower on the grade 8 FCAT Reading and
1181Mathematics examinations;
1182     e.  As valid data becomes available, the performance of the
1183school's students on statewide, standardized end-of-course
1184assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1185     f.  The growth or decline in the components listed in sub-
1186subparagraphs a.-e. from year to year.
1187     (c)  Student assessment data used in determining school
1188grades shall include:
1189     1.  The aggregate scores of all eligible students enrolled
1190in the school who have been assessed on the FCAT assessments
1191administered under s. 1008.22(3)(c)1. and end-of-course
1192assessments administered under s. 1008.22(3)(c)2.a.
1193     2.  The aggregate scores of all eligible students enrolled
1194in the school who have been assessed on the FCAT and end-of-
1195course assessments and who have scored at or in the lowest 25th
1196percentile of students in the school in reading and,
1197mathematics, or writing, unless these students are exhibiting
1198satisfactory performance.
1199     3.  Effective with the 2005-2006 school year, the
1200achievement scores and learning gains of eligible students
1201attending alternative schools that provide dropout prevention
1202and academic intervention services pursuant to s. 1003.53. The
1203term "eligible students" in this subparagraph does not include
1204students attending an alternative school who are subject to
1205district school board policies for expulsion for repeated or
1206serious offenses, who are in dropout retrieval programs serving
1207students who have officially been designated as dropouts, or who
1208are in programs operated or contracted by the Department of
1209Juvenile Justice. The student performance data for eligible
1210students identified in this subparagraph shall be included in
1211the calculation of the home school's grade. As used in this
1212section and s. 1008.341, the term "home school" means the school
1213to which the student would be assigned if the student were not
1214assigned to an alternative school. If an alternative school
1215chooses to be graded under this section, student performance
1216data for eligible students identified in this subparagraph shall
1217not be included in the home school's grade but shall be included
1218only in the calculation of the alternative school's grade. A
1219school district that fails to assign the FCAT and end-of-course
1220assessment scores of each of its students to his or her home
1221school or to the alternative school that receives a grade shall
1222forfeit Florida School Recognition Program funds for 1 fiscal
1223year. School districts must require collaboration between the
1224home school and the alternative school in order to promote
1225student success. This collaboration must include an annual
1226discussion between the principal of the alternative school and
1227the principal of each student's home school concerning the most
1228appropriate school assignment of the student.
1229     4.  Beginning with the 2009-2010 school year for schools
1230comprised of high school grades 9, 10, 11, and 12, or grades 10,
123111, and 12, the data listed in subparagraphs 1.-3. and the
1232following data as the Department of Education determines such
1233data are valid and available:
1234     a.  The high school graduation rate of the school as
1235calculated by the Department of Education;
1236     b.  The participation rate of all eligible students
1237enrolled in the school and enrolled in College Board Advanced
1238Placement courses; International Baccalaureate courses; dual
1239enrollment courses; Advanced International Certificate of
1240Education courses; and courses or sequence of courses leading to
1241national industry certifications identified in the Industry
1242Certification Funding List, pursuant to rules adopted by the
1243State Board of Education certification, as determined by the
1244Agency for Workforce Innovation under s. 1003.492(2) in a career
1245and professional academy, as described in s. 1003.493;
1246     c.  The aggregate scores of all eligible students enrolled
1247in the school in College Board Advanced Placement courses,
1248International Baccalaureate courses, and Advanced International
1249Certificate of Education courses;
1250     d.  Earning of college credit by all eligible students
1251enrolled in the school in dual enrollment programs under s.
12521007.271;
1253     e.  Earning of national an industry certifications
1254identified in the Industry Certification Funding List, pursuant
1255to rules adopted by the State Board of Education certification,
1256as determined by the Agency for Workforce Innovation under s.
12571003.492(2) in a career and professional academy, as described
1258in s. 1003.493;
1259     f.  The aggregate scores of all eligible students enrolled
1260in the school in reading, mathematics, and other subjects as
1261measured by the SAT, the ACT, and the common placement test for
1262postsecondary readiness;
1263     g.  The high school graduation rate of all eligible at-risk
1264students enrolled in the school who scored at Level 2 or lower
1265on the grade 8 FCAT Reading and Mathematics examinations;
1266     h.  The performance of the school's students on statewide,
1267standardized end-of-course assessments administered under s.
12681008.22(3)(c)2.b. and c.; and
1269     i.  The growth or decline in the data components listed in
1270sub-subparagraphs a.-h. from year to year.
1271
1272The State Board of Education shall adopt appropriate criteria
1273for each school grade. The criteria must also give added weight
1274to student achievement in reading. Schools designated with a
1275grade of "C," making satisfactory progress, shall be required to
1276demonstrate that adequate progress has been made by students in
1277the school who are in the lowest 25th percentile in reading and,
1278mathematics, or writing on the FCAT and end-of-course
1279assessments, unless these students are exhibiting satisfactory
1280performance. Beginning with the 2009-2010 school year for
1281schools comprised of high school grades 9, 10, 11, and 12, or
1282grades 10, 11, and 12, the criteria for school grades must also
1283give added weight to the graduation rate of all eligible at-risk
1284students, as defined in this paragraph. Beginning in the 2009-
12852010 school year, in order for a high school to be designated as
1286having a grade of "A," making excellent progress, the school
1287must demonstrate that at-risk students, as defined in this
1288paragraph, in the school are making adequate progress.
1289     Section 14.  Subsection (3) of section 1008.341, Florida
1290Statutes, is amended to read:
1291     1008.341  School improvement rating for alternative
1292schools.-
1293     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1294used in determining an alternative school's school improvement
1295rating shall include:
1296     (a)  The aggregate scores on statewide assessments
1297administered under s. 1008.22 for of all eligible students who
1298were assigned to and enrolled in the school during the October
1299or February FTE count, who have been assessed on the FCAT, and
1300who have FCAT or comparable scores for the preceding school
1301year.
1302     (b)  The aggregate scores on statewide assessments
1303administered under s. 1008.22 for of all eligible students who
1304were assigned to and enrolled in the school during the October
1305or February FTE count, who have been assessed on the FCAT and
1306who have scored in the lowest 25th percentile of students in the
1307state on FCAT Reading.
1308
1309The assessment scores of students who are subject to district
1310school board policies for expulsion for repeated or serious
1311offenses, who are in dropout retrieval programs serving students
1312who have officially been designated as dropouts, or who are in
1313programs operated or contracted by the Department of Juvenile
1314Justice may not be included in an alternative school's school
1315improvement rating.
1316     Section 15.  Subsection (4) of section 1008.36, Florida
1317Statutes, is amended to read:
1318     1008.36  Florida School Recognition Program.-
1319     (4)  All selected schools shall receive financial awards
1320depending on the availability of funds appropriated and the
1321number and size of schools selected to receive an award. Funds
1322must be distributed to the school's fiscal agent and placed in
1323the school's account and must be used for purposes listed in
1324subsection (5) as determined jointly by the school's staff and
1325school advisory council. If school staff and the school advisory
1326council cannot reach agreement by February November 1, the
1327awards must be equally distributed to all classroom teachers
1328currently teaching in the school. Beginning with the 2009-2010
1329school year, if a school selected to receive a school
1330recognition award is no longer in existence at the time the
1331award is paid, the district school superintendent shall
1332determine how the school recognition funds shall be used to
1333support the district in accordance with subsection (5).
1334
1335Notwithstanding statutory provisions to the contrary, incentive
1336awards are not subject to collective bargaining.
1337     Section 16.  This act shall take effect July 1, 2010.


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