December 04, 2020
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CS/CS/HB 7053

1
A bill to be entitled
2An act relating to education accountability; amending s.
31003.413, F.S., relating to secondary school redesign, to
4delete obsolete provisions and to conform to changes made
5by the act; amending s. 1003.4156, F.S.; revising
6requirements for middle grades promotion; providing that
7successful completion of a high school level Algebra I,
8geometry, or Biology I course is not contingent upon a
9student's performance on the end-of-course assessment;
10requiring a student to pass the end-of-course assessment
11to earn high school credit for such courses; specifying
12information that must be provided to students as part of
13the personalized academic and career plan; amending s.
141003.428, F.S.; revising requirements for high school
15graduation; requiring students entering grade 9 in
16specified school years to meet end-of-course assessment
17requirements and revised credit requirements in
18mathematics and science for high school graduation;
19requiring district school board standards for grades in
20certain courses; providing for waiver of end-of-course
21assessment results for the purpose of determining a course
22grade and credit for students with disabilities; amending
23s. 1003.429, F.S.; revising requirements for accelerated
24high school graduation options; updating cross-references;
25requiring students entering grade 9 in specified school
26years to meet end-of-course assessment requirements and
27revised credit requirements in mathematics and science for
28high school graduation; requiring district school board
29standards for grades in certain courses; creating s.
301003.4295, F.S.; requiring high schools to advise students
31of, and offer, acceleration courses; creating the Credit
32Acceleration Program; amending s. 1003.493, F.S., relating
33to career and professional academies, to conform to
34changes made by the act; amending s. 1007.35, F.S.,
35relating to the Florida Partnership for Minority and
36Underrepresented Student Achievement, to conform to
37changes made by the act; amending s. 1008.22, F.S.;
38revising the statewide student achievement testing
39program; requiring end-of-course assessments in
40mathematics and science to replace FCAT Mathematics and
41FCAT Science beginning with students entering grade 9 in
42specified school years; providing requirements for the
43administration of, and student performance on, statewide,
44standardized end-of-course assessments in mathematics and
45science; providing for establishment of an implementation
46schedule to develop and administer end-of-course
47assessments in certain courses; requiring evaluation and
48reporting of the transition to specified end-of-course
49assessments; requiring the use of scaled scores and
50student achievement levels for describing student success
51on assessments; requiring the State Board of Education to
52designate passing scores for end-of-course assessments and
53scores that indicate high achievement; providing
54requirements for retaking specified assessments; providing
55for waiver of end-of-course assessment requirements for
56students in exceptional education programs and students
57who have limited English proficiency; revising provisions
58relating to testing and reporting schedules; requiring
59that the Commissioner of Education consider the observance
60of religious and school holidays when establishing the
61schedules for the administration of statewide assessments;
62conforming provisions and cross-references; authorizing
63the State Board of Education to adopt concordant scores
64for the FCAT and equivalent scores for end-of-course
65assessments; deleting retake requirements for use of
66concordant scores; providing requirements for use of
67equivalent scores; amending s. 1008.25, F.S., relating to
68public school student progression, to conform to changes
69made by the act; amending s. 1008.30, F.S., relating to
70the common placement test, to conform to changes made by
71the act; amending s. 1008.34, F.S.; revising provisions
72that specify the basis for determining school grades to
73include student performance on end-of-course assessments
74and to conform provisions to current FCAT assessments;
75amending s. 1008.341, F.S.; revising provisions that
76specify the basis for determining an alternative school's
77school improvement rating to include student performance
78on end-of-course assessments; amending s. 1008.36, F.S.;
79revising provisions relating to the use of school
80recognition awards; requiring that the Office of Program
81Policy Analysis and Government Accountability conduct a
82study on the different types of high school diplomas
83offered in other states; requiring that the study be
84submitted to the Governor and the Legislature by a
85specified date; providing an effective date.
86
87Be It Enacted by the Legislature of the State of Florida:
88
89     Section 1.  Paragraph (d) of subsection (3) and subsections
90(4) and (5) of section 1003.413, Florida Statutes, are amended
91to read:
92     1003.413  Florida Secondary School Redesign Act.-
93     (3)  Based on these guiding principles, district school
94boards shall establish policies to implement the requirements of
95ss. 1003.4156, 1003.428, and 1003.493. The policies must
96address:
97     (d)  Credit recovery courses and intensive reading and
98mathematics intervention courses based on student performance on
99the FCAT Reading and Mathematics. These courses should be
100competency based and offered through innovative delivery
101systems, including computer-assisted instruction. School
102districts should use learning gains as well as other appropriate
103data and provide incentives to identify and reward high-
104performing teachers who teach credit recovery and intensive
105intervention courses.
106     (4)  In order to support the successful implementation of
107this section by district school boards, the Department of
108Education shall:
109     (a)  By February 1, 2007, increase the number of approved
110applied, integrated, and combined courses available to school
111districts.
112     (b)  By the beginning of the 2006-2007 school year, make
113available a professional development package designed to provide
114the information that content area teachers need to become
115proficient in applying scientifically based reading strategies
116through their content areas.
117     (a)(c)  Share best practices for providing a complete
118education program to students enrolled in course recovery,
119credit recovery, intensive reading intervention, or intensive
120mathematics intervention.
121     (b)(d)  Expedite assistance and decisions and coordinate
122policies throughout all divisions within the department to
123provide school districts with support to implement this section.
124     (e)  Use data to provide the Legislature with an annual
125longitudinal analysis of the success of this reform effort,
126including the progress of 6th grade students and 9th grade
127students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
128     (5)  The Commissioner of Education shall create and
129implement the Secondary School Improvement Award Program to
130reward public secondary schools that demonstrate continuous
131student academic improvement and show the greatest gains in
132student academic achievement in reading and mathematics.
133     Section 2.  Paragraph (a) of subsection (1) of section
1341003.4156, Florida Statutes, is amended to read:
135     1003.4156  General requirements for middle grades
136promotion.-
137     (1)  Beginning with students entering grade 6 in the 2006-
1382007 school year, promotion from a school composed of middle
139grades 6, 7, and 8 requires that:
140     (a)  The student must successfully complete academic
141courses as follows:
142     1.  Three middle school or higher courses in English. These
143courses shall emphasize literature, composition, and technical
144text.
145     2.  Three middle school or higher courses in mathematics.
146Each middle school must offer at least one high school level
147mathematics course for which students may earn high school
148credit. Successful completion of a high school level Algebra I
149or geometry course is not contingent upon the student's
150performance on the end-of-course assessment required under s.
1511008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
152school year, to earn high school credit for an Algebra I course,
153a middle school student must pass the Algebra I end-of-course
154assessment, and beginning with the 2012-2013 school year, to
155earn high school credit for a geometry course, a middle school
156student must pass the geometry end-of-course assessment.
157     3.  Three middle school or higher courses in social
158studies, one semester of which must include the study of state
159and federal government and civics education.
160     4.  Three middle school or higher courses in science.
161Successful completion of a high school level Biology I course is
162not contingent upon the student's performance on the end-of-
163course assessment required under s. 1008.22(3)(c)2.a.(II).
164However, beginning with the 2012-2013 school year, to earn high
165school credit for a Biology I course, a middle school student
166must pass the Biology I end-of-course assessment.
167     5.  One course in career and education planning to be
168completed in 7th or 8th grade. The course may be taught by any
169member of the instructional staff; must include career
170exploration using Florida CHOICES for the 21st Century or a
171comparable cost-effective program; must include educational
172planning using the online student advising system known as
173Florida Academic Counseling and Tracking for Students at the
174Internet website FACTS.org; and shall result in the completion
175of a personalized academic and career plan. The required
176personalized academic and career plan must inform students of
177high school graduation requirements, high school assessment and
178college entrance test requirements, Florida Bright Futures
179Scholarship Program requirements, state university and Florida
180college admission requirements, and programs through which a
181high school student can earn college credit, including Advanced
182Placement, International Baccalaureate, Advanced International
183Certificate of Education, dual enrollment, career academy
184opportunities, and courses that lead to national industry
185certification.
186
187Each school must hold a parent meeting either in the evening or
188on a weekend to inform parents about the course curriculum and
189activities. Each student shall complete an electronic personal
190education plan that must be signed by the student; the student's
191instructor, guidance counselor, or academic advisor; and the
192student's parent. By January 1, 2007, The Department of
193Education shall develop course frameworks and professional
194development materials for the career exploration and education
195planning course. The course may be implemented as a stand-alone
196course or integrated into another course or courses. The
197Commissioner of Education shall collect longitudinal high school
198course enrollment data by student ethnicity in order to analyze
199course-taking patterns.
200     Section 3.  Subsections (1) and (2), paragraph (a) of
201subsection (4), and paragraph (b) of subsection (8) of section
2021003.428, Florida Statutes, are amended to read:
203     1003.428  General requirements for high school graduation;
204revised.-
205     (1)  Except as otherwise authorized pursuant to s.
2061003.429, beginning with students entering grade 9 their first
207year of high school in the 2007-2008 school year, graduation
208requires the successful completion of a minimum of 24 credits,
209an International Baccalaureate curriculum, or an Advanced
210International Certificate of Education curriculum. Students must
211be advised of eligibility requirements for state scholarship
212programs and postsecondary admissions.
213     (2)  The 24 credits may be earned through applied,
214integrated, and combined courses approved by the Department of
215Education. The 24 credits and shall be distributed as follows:
216     (a)  Sixteen core curriculum credits:
217     1.  Four credits in English, with major concentration in
218composition, reading for information, and literature.
219     2.  Four credits in mathematics, one of which must be
220Algebra I, a series of courses equivalent to Algebra I, or a
221higher-level mathematics course. Beginning with students
222entering grade 9 in the 2010-2011 school year, in addition to
223the Algebra I credit requirement, one of the four credits in
224mathematics must be geometry or a series of courses equivalent
225to geometry as approved by the State Board of Education.
226Beginning with students entering grade 9 in the 2010-2011 school
227year, the end-of-course assessment requirements under s.
2281008.22(3)(c)2.a.(I) must be met in order for a student to earn
229the required credit in Algebra I. Beginning with students
230entering grade 9 in the 2011-2012 school year, the end-of-course
231assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
232met in order for a student to earn the required credit in
233geometry. Beginning with students entering grade 9 in the 2012-
2342013 school year, in addition to the Algebra I and geometry
235credit requirements, one of the four credits in mathematics must
236be Algebra II or a series of courses equivalent to Algebra II as
237approved by the State Board of Education. School districts are
238encouraged to set specific goals to increase enrollments in, and
239successful completion of, geometry and Algebra II.
240     3.  Three credits in science, two of which must have a
241laboratory component. Beginning with students entering grade 9
242in the 2011-2012 school year, one of the three credits in
243science must be Biology I or a series of courses equivalent to
244Biology I as approved by the State Board of Education. Beginning
245with students entering grade 9 in the 2011-2012 school year, the
246end-of-course assessment requirements under s.
2471008.22(3)(c)2.a.(II) must be met in order for a student to earn
248the required credit in Biology I. Beginning with students
249entering grade 9 in the 2013-2014 school year, one of the three
250credits must be Biology I or a series of courses equivalent to
251Biology I as approved by the State Board of Education, one
252credit must be chemistry or physics or a series of courses
253equivalent to chemistry or physics as approved by the State
254Board of Education, and one credit must be an equally rigorous
255course, as determined by the State Board of Education.
256     4.  Three credits in social studies as follows: one credit
257in United States American history; one credit in world history;
258one-half credit in economics; and one-half credit in United
259States American government.
260     5.  One credit in fine or performing arts, speech and
261debate, or a practical arts course that incorporates artistic
262content and techniques of creativity, interpretation, and
263imagination. Eligible practical arts courses shall be identified
264through the Course Code Directory.
265     6.  One credit in physical education to include integration
266of health. Participation in an interscholastic sport at the
267junior varsity or varsity level for two full seasons shall
268satisfy the one-credit requirement in physical education if the
269student passes a competency test on personal fitness with a
270score of "C" or better. The competency test on personal fitness
271must be developed by the Department of Education. A district
272school board may not require that the one credit in physical
273education be taken during the 9th grade year. Completion of one
274semester with a grade of "C" or better in a marching band class,
275in a physical activity class that requires participation in
276marching band activities as an extracurricular activity, or in a
277dance class shall satisfy one-half credit in physical education
278or one-half credit in performing arts. This credit may not be
279used to satisfy the personal fitness requirement or the
280requirement for adaptive physical education under an individual
281education plan (IEP) or 504 plan. Completion of 2 years in a
282Reserve Officer Training Corps (R.O.T.C.) class, a significant
283component of which is drills, shall satisfy the one-credit
284requirement in physical education and the one-credit requirement
285in performing arts. This credit may not be used to satisfy the
286personal fitness requirement or the requirement for adaptive
287physical education under an individual education plan (IEP) or
288504 plan.
289     (b)  Eight credits in majors, minors, or electives.:
290     1.  Four credits in a major area of interest, such as
291sequential courses in a career and technical program, fine and
292performing arts, or academic content area, selected by the
293student as part of the education plan required by s. 1003.4156.
294Students may revise major areas of interest each year as part of
295annual course registration processes and should update their
296education plan to reflect such revisions. Annually by October 1,
297the district school board shall approve major areas of interest
298and submit the list of majors to the Commissioner of Education
299for approval. Each major area of interest shall be deemed
300approved unless specifically rejected by the commissioner within
30160 days. Upon approval, each district's major areas of interest
302shall be available for use by all school districts and shall be
303posted on the department's website.
304     2.  Four credits in elective courses selected by the
305student as part of the education plan required by s. 1003.4156.
306These credits may be combined to allow for a second major area
307of interest pursuant to subparagraph 1., a minor area of
308interest, elective courses, or intensive reading or mathematics
309intervention courses as described in this subparagraph.
310     a.  Minor areas of interest are composed of three credits
311selected by the student as part of the education plan required
312by s. 1003.4156 and approved by the district school board.
313     b.  Elective courses are selected by the student in order
314to pursue a complete education program as described in s.
3151001.41(3) and to meet eligibility requirements for
316scholarships.
317     1.c.  For each year in which a student scores at Level l on
318FCAT Reading, the student must be enrolled in and complete an
319intensive reading course the following year. Placement of Level
3202 readers in either an intensive reading course or a content
321area course in which reading strategies are delivered shall be
322determined by diagnosis of reading needs. The department shall
323provide guidance on appropriate strategies for diagnosing and
324meeting the varying instructional needs of students reading
325below grade level. Reading courses shall be designed and offered
326pursuant to the comprehensive reading plan required by s.
3271011.62(9).
328     2.d.  For each year in which a student scores at Level 1 or
329Level 2 on FCAT Mathematics, the student must receive
330remediation the following year. These courses may be taught
331through applied, integrated, or combined courses and are subject
332to approval by the department for inclusion in the Course Code
333Directory.
334     (4)  Each district school board shall establish standards
335for graduation from its schools, which must include:
336     (a)  Successful completion of the academic credit or
337curriculum requirements of subsections (1) and (2). For courses
338that require statewide, standardized end-of-course assessments
339under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
340student's course grade shall be comprised of performance on the
341statewide, standardized end-of-course assessment.
342
343Each district school board shall adopt policies designed to
344assist students in meeting the requirements of this subsection.
345These policies may include, but are not limited to: forgiveness
346policies, summer school or before or after school attendance,
347special counseling, volunteers or peer tutors, school-sponsored
348help sessions, homework hotlines, and study skills classes.
349Forgiveness policies for required courses shall be limited to
350replacing a grade of "D" or "F," or the equivalent of a grade of
351"D" or "F," with a grade of "C" or higher, or the equivalent of
352a grade of "C" or higher, earned subsequently in the same or
353comparable course. Forgiveness policies for elective courses
354shall be limited to replacing a grade of "D" or "F," or the
355equivalent of a grade of "D" or "F," with a grade of "C" or
356higher, or the equivalent of a grade of "C" or higher, earned
357subsequently in another course. The only exception to these
358forgiveness policies shall be made for a student in the middle
359grades who takes any high school course for high school credit
360and earns a grade of "C," "D," or "F" or the equivalent of a
361grade of "C," "D," or "F." In such case, the district
362forgiveness policy must allow the replacement of the grade with
363a grade of "C" or higher, or the equivalent of a grade of "C" or
364higher, earned subsequently in the same or comparable course. In
365all cases of grade forgiveness, only the new grade shall be used
366in the calculation of the student's grade point average. Any
367course grade not replaced according to a district school board
368forgiveness policy shall be included in the calculation of the
369cumulative grade point average required for graduation.
370     (8)
371     (b)1.  A student with a disability, as defined in s.
3721007.02(2), for whom the individual education plan (IEP)
373committee determines that the FCAT cannot accurately measure the
374student's abilities taking into consideration all allowable
375accommodations, shall have the FCAT requirement of paragraph
376(4)(b) waived for the purpose of receiving a standard high
377school diploma, if the student:
378     a.1.  Completes the minimum number of credits and other
379requirements prescribed by subsections (1), (2), and (3).
380     b.2.  Does not meet the requirements of paragraph (4)(b)
381after one opportunity in 10th grade and one opportunity in 11th
382grade.
383     2.  A student with a disability, as defined in s.
3841007.02(2), for whom the IEP committee determines that an end-
385of-course assessment cannot accurately measure the student's
386abilities, taking into consideration all allowable
387accommodations, shall have the end-of-course assessment results
388waived for the purpose of determining the student's course grade
389and credit as required in paragraph (4)(a).
390     Section 4.  Subsections (1) and (5), paragraph (c) of
391subsection (7), and subsection (8) of section 1003.429, Florida
392Statutes, are amended to read:
393     1003.429  Accelerated high school graduation options.-
394     (1)  Students who enter grade 9 in the 2006-2007 school
395year and thereafter may select, upon receipt of each consent
396required by this section, one of the following three high school
397graduation options:
398     (a)  Completion of the general requirements for high school
399graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
400     (b)  Completion of a 3-year standard college preparatory
401program requiring successful completion of a minimum of 18
402academic credits in grades 9 through 12. At least 6 of the 18
403credits required for completion of this program must be received
404in classes that are offered pursuant to the International
405Baccalaureate Program, the Advanced Placement Program, dual
406enrollment, Advanced International Certificate of Education, or
407specifically listed or identified by the Department of Education
408as rigorous pursuant to s. 1009.531(3). The 18 credits required
409for completion of this program shall be primary requirements and
410shall be distributed as follows:
411     1.  Four credits in English, with major concentration in
412composition and literature;
413     2.  Three credits and, beginning with students entering
414grade 9 in the 2010-2011 school year, four credits in
415mathematics at the Algebra I level or higher from the list of
416courses that qualify for state university admission. Beginning
417with students entering grade 9 in the 2010-2011 school year, in
418addition to the Algebra I credit requirement, one of the four
419credits in mathematics must be geometry or a series of courses
420equivalent to geometry as approved by the State Board of
421Education. Beginning with students entering grade 9 in the 2010-
4222011 school year, the end-of-course assessment requirements
423under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
424to earn the required credit in Algebra I. Beginning with
425students entering grade 9 in the 2011-2012 school year, the end-
426of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
427must be met in order for a student to earn the required credit
428in geometry. Beginning with students entering grade 9 in the
4292012-2013 school year, in addition to the Algebra I and geometry
430credit requirements, one of the four credits in mathematics must
431be Algebra II or a series of courses equivalent to Algebra II as
432approved by the State Board of Education;
433     3.  Three credits in natural science, two of which must
434have a laboratory component. Beginning with students entering
435grade 9 in the 2011-2012 school year, one of the three credits
436in science must be Biology I or a series of courses equivalent
437to Biology I as approved by the State Board of Education.
438Beginning with students entering grade 9 in the 2011-2012 school
439year, the end-of-course assessment requirements under s.
4401008.22(3)(c)2.a.(II) must be met in order for a student to earn
441the required credit in Biology I. Beginning with students
442entering grade 9 in the 2013-2014 school year, one of the three
443credits must be Biology I or a series of courses equivalent to
444Biology I as approved by the State Board of Education, one
445credit must be chemistry or physics or a series of courses
446equivalent to chemistry or physics as approved by the State
447Board of Education, and one credit must be an equally rigorous
448course, as approved by the State Board of Education;
449     4.  Three credits in social sciences, which must include
450one credit in United States American history, one credit in
451world history, one-half credit in United States American
452government, and one-half credit in economics;
453     5.  Two credits in the same second language unless the
454student is a native speaker of or can otherwise demonstrate
455competency in a language other than English. If the student
456demonstrates competency in another language, the student may
457replace the language requirement with two credits in other
458academic courses; and
459     6.  Three credits in electives and, beginning with students
460entering grade 9 in the 2010-2011 school year, two credits in
461electives; or
462     (c)  Completion of a 3-year career preparatory program
463requiring successful completion of a minimum of 18 academic
464credits in grades 9 through 12. The 18 credits shall be primary
465requirements and shall be distributed as follows:
466     1.  Four credits in English, with major concentration in
467composition and literature;
468     2.  Three credits and, beginning with students entering
469grade 9 in the 2010-2011 school year, four credits in
470mathematics, one of which must be Algebra I. Beginning with
471students entering grade 9 in the 2010-2011 school year, in
472addition to the Algebra I credit requirement, one of the four
473credits in mathematics must be geometry or a series of courses
474equivalent to geometry as approved by the State Board of
475Education. Beginning with students entering grade 9 in the 2010-
4762011 school year, the end-of-course assessment requirements
477under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
478to earn the required credit in Algebra I. Beginning with
479students entering grade 9 in the 2011-2012 school year, the end-
480of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
481must be met in order for a student to earn the required credit
482in geometry. Beginning with students entering grade 9 in the
4832012-2013 school year, in addition to the Algebra I and geometry
484credit requirements, one of the four credits in mathematics must
485be Algebra II or a series of courses equivalent to Algebra II as
486approved by the State Board of Education;
487     3.  Three credits in natural science, two of which must
488have a laboratory component. Beginning with students entering
489grade 9 in the 2011-2012 school year, one of the three credits
490in science must be Biology I or a series of courses equivalent
491to Biology I as approved by the State Board of Education.
492Beginning with students entering grade 9 in the 2011-2012 school
493year, the end-of-course assessment requirements under s.
4941008.22(3)(c)2.a.(II) must be met in order for a student to earn
495the required credit in Biology I. Beginning with students
496entering grade 9 in the 2013-2014 school year, one of the three
497credits must be Biology I or a series of courses equivalent to
498Biology I as approved by the State Board of Education, one
499credit must be chemistry or physics or a series of courses
500equivalent to chemistry or physics as approved by the State
501Board of Education, and one credit must be an equally rigorous
502course, as approved by the State Board of Education;
503     4.  Three credits in social sciences, which must include
504one credit in United States American history, one credit in
505world history, one-half credit in United States American
506government, and one-half credit in economics;
507     5.  Three credits in a single vocational or career
508education program, three credits in career and technical
509certificate dual enrollment courses, or five credits in
510vocational or career education courses; and
511     6.  Two credits and, beginning with students entering grade
5129 in the 2010-2011 school year, one credit in electives unless
513five credits are earned pursuant to subparagraph 5.
514
515Any student who selected an accelerated graduation program
516before July 1, 2004, may continue that program, and all
517statutory program requirements that were applicable when the
518student made the program choice shall remain applicable to the
519student as long as the student continues that program.
520     (5)  District school boards may not establish requirements
521for accelerated 3-year high school graduation options in excess
522of the requirements in paragraphs (1)(b) and (c). For courses
523that require statewide, standardized end-of-course assessments
524under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
525student's course grade shall be comprised of performance on the
526statewide, standardized end-of-course assessment.
527     (7)  If, at the end of grade 10, a student is not on track
528to meet the credit, assessment, or grade-point-average
529requirements of the accelerated graduation option selected, the
530school shall notify the student and parent of the following:
531     (c)  The right of the student to change to the 4-year
532program set forth in s. 1003.428 or s. 1003.43, as applicable.
533     (8)  A student who selected one of the accelerated 3-year
534graduation options shall automatically move to the 4-year
535program set forth in s. 1003.428 or s. 1003.43, if applicable,
536if the student:
537     (a)  Exercises his or her right to change to the 4-year
538program;
539     (b)  Fails to earn 5 credits by the end of grade 9 or fails
540to earn 11 credits by the end of grade 10;
541     (c)  Does not achieve a score of 3 or higher on the grade
54210 FCAT Writing assessment; or
543     (d)  By the end of grade 11 does not meet the requirements
544of subsections (1) and (6).
545     Section 5.  Section 1003.4295, Florida Statutes, is created
546to read:
547     1003.4295  Acceleration courses.-
548     (1)  Each high school shall advise each student of programs
549through which a high school student can earn college credit,
550including Advanced Placement, International Baccalaureate,
551Advanced International Certificate of Education, dual enrollment
552courses, career academy courses, and courses that lead to
553national industry certification, as well as the availability of
554course offerings through virtual instruction.
555     (2)  Beginning with the 2011-2012 school year, each high
556school shall offer an International Baccalaureate Program, an
557Advanced International Certificate of Education Program, or a
558combination of at least four courses in dual enrollment or
559Advanced Placement, including one course each in English,
560mathematics, science, and social studies. To meet this
561requirement, school districts may provide courses through
562virtual instruction, if the virtual course significantly
563integrates postsecondary level content for which a student may
564earn college credit, as determined by the Department of
565Education, and for which a standardized end-of-course
566assessment, as approved by the department, is administered.
567     (3)  The Credit Acceleration Program (CAP) is created for
568the purpose of allowing a secondary student to earn high school
569credit in a course that requires a statewide, standardized end-
570of-course assessment if the student attains a specified score on
571the assessment. Notwithstanding s. 1003.436, a school district
572shall award course credit to a student who is not enrolled in
573the course, or who has not completed the course, if the student
574attains a score indicating satisfactory performance, as defined
575in s. 1008.22(3)(c)5., on the corresponding statewide,
576standardized end-of-course assessment. The school district shall
577permit a student who is not enrolled in the course, or who has
578not completed the course, to take the standardized end-of-course
579assessment during the regular administration of the assessment.
580     Section 6.  Paragraph (k) of subsection (4) of section
5811003.493, Florida Statutes, is amended to read:
582     1003.493  Career and professional academies.-
583     (4)  Each career and professional academy must:
584     (k)  Include an evaluation plan developed jointly with the
585Department of Education and the local workforce board. The
586evaluation plan must include an assessment tool based on
587national industry standards, such as the Career Academy National
588Standards of Practice, and outcome measures, including, but not
589limited to, achievement of national industry certifications
590identified in the Industry Certification Funding List, pursuant
591to rules adopted by the State Board of Education, graduation
592rates, enrollment in postsecondary education, business and
593industry satisfaction, employment and earnings, awards of
594postsecondary credit and scholarships, and student FCAT
595achievement levels and learning gains on statewide assessments
596administered under s. 1008.22(3)(c). The Department of Education
597shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
598in identifying industry experts to participate in developing and
599implementing such assessments.
600     Section 7.  Paragraph (c) of subsection (6) of section
6011007.35, Florida Statutes, is amended to read:
602     1007.35  Florida Partnership for Minority and
603Underrepresented Student Achievement.-
604     (6)  The partnership shall:
605     (c)  Provide teacher training and materials that are
606aligned with the Next Generation Sunshine State Standards and
607are consistent with best theory and practice regarding multiple
608learning styles and research on learning, instructional
609strategies, instructional design, and classroom assessment.
610Curriculum materials must be based on current, accepted, and
611essential academic knowledge. Materials for prerequisite courses
612should, at a minimum, address the skills assessed on the Florida
613Comprehensive Assessment Test (FCAT).
614     Section 8.  Paragraph (c) of subsection (3) and subsections
615(6), (9), (10), (11), and (12) of section 1008.22, Florida
616Statutes, are amended to read:
617     1008.22  Student assessment program for public schools.-
618     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
619design and implement a statewide program of educational
620assessment that provides information for the improvement of the
621operation and management of the public schools, including
622schools operating for the purpose of providing educational
623services to youth in Department of Juvenile Justice programs.
624The commissioner may enter into contracts for the continued
625administration of the assessment, testing, and evaluation
626programs authorized and funded by the Legislature. Contracts may
627be initiated in 1 fiscal year and continue into the next and may
628be paid from the appropriations of either or both fiscal years.
629The commissioner is authorized to negotiate for the sale or
630lease of tests, scoring protocols, test scoring services, and
631related materials developed pursuant to law. Pursuant to the
632statewide assessment program, the commissioner shall:
633     (c)  Develop and implement a student achievement testing
634program as follows: known as
635     1.  The Florida Comprehensive Assessment Test (FCAT)
636measures as part of the statewide assessment program to measure
637a student's content knowledge and skills in reading, writing,
638science, and mathematics. The content knowledge and skills
639assessed by the FCAT must be aligned to the core curricular
640content established in the Next Generation Sunshine State
641Standards. Other content areas may be included as directed by
642the commissioner. Comprehensive assessments of reading and
643mathematics shall be administered annually in grades 3 through
64410 except, beginning with the 2010-2011 school year, the
645administration of grade 9 FCAT Mathematics shall be
646discontinued, and beginning with the 2011-2012 school year, the
647administration of grade 10 FCAT Mathematics shall be
648discontinued, except as required for students who have not
649attained minimum performance expectations for graduation as
650provided in paragraph (9)(c). FCAT Comprehensive assessments of
651Writing and FCAT Science shall be administered at least once at
652the elementary, middle, and high school levels except, beginning
653with the 2011-2012 school year, the administration of FCAT
654Science at the high school level shall be discontinued.
655     2.a.  End-of-course assessments for a subject shall may be
656administered in addition to the comprehensive assessments
657required for that subject under subparagraph 1. this paragraph.
658An End-of-course assessments assessment must be rigorous,
659statewide, standardized, and developed or approved by the
660department. The content knowledge and skills assessed by
661comprehensive and end-of-course assessments must be aligned to
662the core curricular content established in the Next Generation
663Sunshine State Standards.
664     (I)  Statewide, standardized end-of-course assessments in
665mathematics shall be administered according to this sub-sub-
666subparagraph. Beginning with the 2010-2011 school year, all
667students enrolled in Algebra I or an equivalent course must take
668the Algebra I end-of-course assessment. Students who earned high
669school credit in Algebra I while in grades 6 through 8 during
670the 2007-2008 through 2009-2010 school years and who have not
671taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
672course assessment during the 2010-2011 school year. For students
673entering grade 9 during the 2010-2011 school year and who are
674enrolled in Algebra I or an equivalent, each student's
675performance on the end-of-course assessment in Algebra I shall
676constitute 30 percent of the student's final course grade.
677Beginning with students entering grade 9 in the 2011-2012 school
678year, a student who is enrolled in Algebra I or an equivalent
679must earn a passing score on the end-of-course assessment in
680Algebra I or attain an equivalent score as described in
681subsection (11) in order to earn course credit. Beginning with
682the 2011-2012 school year, all students enrolled in geometry or
683an equivalent course must take the geometry end-of-course
684assessment. For students entering grade 9 during the 2011-2012
685school year, each student's performance on the end-of-course
686assessment in geometry shall constitute 30 percent of the
687student's final course grade. Beginning with students entering
688grade 9 during the 2012-2013 school year, a student must earn a
689passing score on the end-of-course assessment in geometry or
690attain an equivalent score as described in subsection (11) in
691order to earn course credit.
692     (II)  Statewide, standardized end-of-course assessments in
693science shall be administered according to this sub-sub-
694subparagraph. Beginning with the 2011-2012 school year, all
695students enrolled in Biology I or an equivalent course must take
696the Biology I end-of-course assessment. For the 2011-2012 school
697year, each student's performance on the end-of-course assessment
698in Biology I shall constitute 30 percent of the student's final
699course grade. Beginning with students entering grade 9 during
700the 2012-2013 school year, a student must earn a passing score
701on the end-of-course assessment in Biology I in order to earn
702course credit.
703     b.  The commissioner may select one or more nationally
704developed comprehensive examinations, which may include, but
705need not be limited to, examinations for a College Board
706Advanced Placement course, International Baccalaureate course,
707or Advanced International Certificate of Education course, or
708industry-approved examinations to earn national industry
709certifications identified in the Industry Certification Funding
710List, pursuant to rules adopted by the State Board of Education
711as defined in s. 1003.492, for use as end-of-course assessments
712under this paragraph, if the commissioner determines that the
713content knowledge and skills assessed by the examinations meet
714or exceed the grade level expectations for the core curricular
715content established for the course in the Next Generation
716Sunshine State Standards. The commissioner may collaborate with
717the American Diploma Project in the adoption or development of
718rigorous end-of-course assessments that are aligned to the Next
719Generation Sunshine State Standards. The testing program must be
720designed as follows:
721     c.  Contingent upon funding provided in the General
722Appropriations Act, including the appropriation of funds
723received through federal grants, the Commissioner of Education
724shall establish an implementation schedule for the development
725and administration of additional statewide, standardized end-of-
726course assessments in English/Language Arts II, Algebra II,
727chemistry, physics, earth/space science, United States history,
728and world history. Priority shall be given to the development of
729end-of-course assessments in English/Language Arts II. The
730Commissioner of Education shall evaluate the feasibility and
731effect of transitioning from the grade 9 and grade 10 FCAT
732Reading and high school level FCAT Writing to an end-of-course
733assessment in English/Language Arts II. The commissioner shall
734report the results of the evaluation to the President of the
735Senate and the Speaker of the House of Representatives no later
736than July 1, 2011.
737     3.1.  The testing program tests shall measure student
738content knowledge and skills and competencies adopted by the
739State Board of Education as specified in paragraph (a) and. The
740tests must measure and report student performance proficiency
741levels of all students assessed in reading, writing,
742mathematics, and science. The commissioner shall provide for the
743tests to be developed or obtained, as appropriate, through
744contracts and project agreements with private vendors, public
745vendors, public agencies, postsecondary educational
746institutions, or school districts. The commissioner shall obtain
747input with respect to the design and implementation of the
748testing program from state educators, assistive technology
749experts, and the public.
750     4.2.  The testing program shall be composed of criterion-
751referenced tests that shall, to the extent determined by the
752commissioner, include test items that require the student to
753produce information or perform tasks in such a way that the core
754content knowledge and skills he or she uses can be measured.
755     3.  Beginning with the 2008-2009 school year, the
756commissioner shall discontinue administration of the selected-
757response test items on the comprehensive assessments of writing.
758Beginning with the 2012-2013 school year, the comprehensive
759assessments of writing shall be composed of a combination of
760selected-response test items, short-response performance tasks,
761and extended-response performance tasks, which shall measure a
762student's content knowledge of writing, including, but not
763limited to, paragraph and sentence structure, sentence
764construction, grammar and usage, punctuation, capitalization,
765spelling, parts of speech, verb tense, irregular verbs, subject-
766verb agreement, and noun-pronoun agreement.
767     5.  FCAT Reading, Mathematics, and Science and all
768statewide, standardized end-of-course assessments shall measure
769the content knowledge and skills a student has attained on the
770assessment by the use of scaled scores and achievement levels.
771Achievement levels shall range from 1 through 5, with level 1
772being the lowest achievement level, level 5 being the highest
773achievement level, and level 3 indicating satisfactory
774performance on an assessment. For purposes of FCAT Writing,
775student achievement shall be scored using a scale of 1 through 6
776and the score earned shall be used in calculating school grades.
777     4.  A score shall be designated for each subject area
778tested, below which score a student's performance is deemed
779inadequate. The school districts shall provide appropriate
780remedial instruction to students who score below these levels.
781     6.5.  Except as provided in s. 1003.428(8)(b) or s.
7821003.43(11)(b), students must earn a passing score on the grade
78310 assessment test described in this paragraph or attain
784concordant scores as described in subsection (10) in reading,
785writing, and mathematics to qualify for a standard high school
786diploma. The State Board of Education shall, by rule, designate
787a passing score for each part of the grade 10 assessment test
788and end-of-course assessments. In establishing passing scores,
789the state board shall consider any possible negative impact of
790the test on minority students. The State Board of Education
791shall adopt rules which specify the passing scores for the grade
79210 FCAT. Any rule that has such rules, which have the effect of
793raising the required passing scores may, shall apply only to
794students taking the assessment grade 10 FCAT for the first time
795after the rule is such rules are adopted by the State Board of
796Education. Except as otherwise provided in this subparagraph and
797as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
798must earn a passing score on grade 10 FCAT Reading and grade 10
799FCAT Mathematics or attain concordant scores as described in
800subsection (10) in order to qualify for a standard high school
801diploma.
802     7.  In addition to designating a passing score under
803subparagraph 6., the State Board of Education shall also
804designate, by rule, a score for each statewide, standardized
805end-of-course assessment which indicates that a student is high
806achieving and has the potential to meet college-readiness
807standards by the time the student graduates from high school.
808     8.6.  Participation in the testing program is mandatory for
809all students attending public school, including students served
810in Department of Juvenile Justice programs, except as otherwise
811prescribed by the commissioner. A student who has not earned
812passing scores on the grade 10 FCAT as provided in subparagraph
8136. must participate in each retake of the assessment until the
814student earns passing scores or achieves scores on a
815standardized assessment which are concordant with passing scores
816pursuant to subsection (10). If a student does not participate
817in the statewide assessment, the district must notify the
818student's parent and provide the parent with information
819regarding the implications of such nonparticipation. A parent
820must provide signed consent for a student to receive classroom
821instructional accommodations that would not be available or
822permitted on the statewide assessments and must acknowledge in
823writing that he or she understands the implications of such
824instructional accommodations. The State Board of Education shall
825adopt rules, based upon recommendations of the commissioner, for
826the provision of test accommodations for students in exceptional
827education programs and for students who have limited English
828proficiency. Accommodations that negate the validity of a
829statewide assessment are not allowable in the administration of
830the FCAT or an end-of-course assessment. However, instructional
831accommodations are allowable in the classroom if included in a
832student's individual education plan. Students using
833instructional accommodations in the classroom that are not
834allowable as accommodations on the FCAT or an end-of-course
835assessment may have the FCAT or an end-of-course assessment
836requirement waived pursuant to the requirements of s.
8371003.428(8)(b) or s. 1003.43(11)(b).
838     9.7.  A student seeking an adult high school diploma must
839meet the same testing requirements that a regular high school
840student must meet.
841     10.8.  District school boards must provide instruction to
842prepare students to demonstrate proficiency in the core
843curricular content established in the Next Generation Sunshine
844State Standards adopted under s. 1003.41, including the core
845content knowledge and skills necessary for successful grade-to-
846grade progression and high school graduation. If a student is
847provided with instructional accommodations in the classroom that
848are not allowable as accommodations in the statewide assessment
849program, as described in the test manuals, the district must
850inform the parent in writing and must provide the parent with
851information regarding the impact on the student's ability to
852meet expected performance proficiency levels in reading,
853writing, and mathematics, and science. The commissioner shall
854conduct studies as necessary to verify that the required core
855curricular content is part of the district instructional
856programs.
857     11.9.  District school boards must provide opportunities
858for students to demonstrate an acceptable performance level of
859performance on an alternative standardized assessment approved
860by the State Board of Education following enrollment in summer
861academies.
862     12.10.  The Department of Education must develop, or
863select, and implement a common battery of assessment tools that
864will be used in all juvenile justice programs in the state.
865These tools must accurately measure the core curricular content
866established in the Next Generation Sunshine State Standards.
867     13.11.  For students seeking a special diploma pursuant to
868s. 1003.438, the Department of Education must develop or select
869and implement an alternate assessment tool that accurately
870measures the core curricular content established in the Next
871Generation Sunshine State Standards for students with
872disabilities under s. 1003.438.
873     14.12.  The Commissioner of Education shall establish
874schedules for the administration of statewide assessments and
875the reporting of student test results. When establishing the
876schedules for the administration of statewide assessments, the
877commissioner shall consider the observance of religious and
878school holidays. The commissioner shall, by August 1 of each
879year, notify each school district in writing and publish on the
880department's Internet website the testing and reporting
881schedules for, at a minimum, the school year following the
882upcoming school year. The testing and reporting schedules shall
883require that:
884     a.  There is the latest possible administration of
885statewide assessments and the earliest possible reporting to the
886school districts of student test results which is feasible
887within available technology and specific appropriations;
888however, test results for the FCAT must be made available no
889later than the week of June 8. Student results for end-of-course
890assessments must be provided no later than 1 week after the
891school district completes testing for each course final day of
892the regular school year for students.
893     b.  Beginning with the 2010-2011 school year, FCAT Writing
894a comprehensive statewide assessment of writing is not
895administered earlier than the week of March 1 and a
896comprehensive statewide assessment of any other subject is not
897administered earlier than the week of April 15.
898     c.  A statewide, standardized end-of-course assessment is
899administered during a 3-week period at the end within the last 2
900weeks of the course. The commissioner shall select a 3-week
901administration period for assessments that meets the intent of
902end-of-course assessments and provides student results prior to
903the end of the course. School districts shall select one testing
904week within the 3-week administration period for each end-of-
905course assessment. For an end-of-course assessment administered
906at the end of the first semester, the commissioner shall
907determine the most appropriate testing dates based on a school
908district's academic calendar.
909
910The commissioner may, based on collaboration and input from
911school districts, design and implement student testing programs,
912for any grade level and subject area, necessary to effectively
913monitor educational achievement in the state, including the
914measurement of educational achievement of the Next Generation
915Sunshine State Standards for students with disabilities.
916Development and refinement of assessments shall include
917universal design principles and accessibility standards that
918will prevent any unintended obstacles for students with
919disabilities while ensuring the validity and reliability of the
920test. These principles should be applicable to all technology
921platforms and assistive devices available for the assessments.
922The field testing process and psychometric analyses for the
923statewide assessment program must include an appropriate
924percentage of students with disabilities and an evaluation or
925determination of the effect of test items on such students.
926     (6)  SCHOOL TESTING PROGRAMS.-Each public school shall
927participate in the statewide assessment program in accordance
928with the testing and reporting schedules published by the
929Commissioner of Education under subparagraph (3)(c)14.12. unless
930specifically exempted by state board rule based on serving a
931specialized population for which standardized testing is not
932appropriate. Student performance data shall be analyzed and
933reported to parents, the community, and the state. Student
934performance data shall be used in developing objectives of the
935school improvement plan, evaluation of instructional personnel,
936evaluation of administrative personnel, assignment of staff,
937allocation of resources, acquisition of instructional materials
938and technology, performance-based budgeting, and promotion and
939assignment of students into educational programs. The analysis
940of student performance data also must identify strengths and
941needs in the educational program and trends over time. The
942analysis must be used in conjunction with the budgetary planning
943processes developed pursuant to s. 1008.385 and the development
944of the programs of remediation.
945     (9)  APPLICABILITY OF TESTING STANDARDS.-
946     (a)  If the Commissioner of Education revises a statewide
947assessment and the revisions require the State Board of
948Education to modify the assessment's performance proficiency
949levels or modify the passing scores required for a standard high
950school diploma, until the state board adopts the modifications
951by rule, the commissioner shall use calculations for scoring the
952assessment which adjust student scores on the revised assessment
953for statistical equivalence to student scores on the former
954assessment.
955     (b)  A student must attain the passing scores on the
956statewide assessment required for a standard high school diploma
957or for high school course credits under sub-sub-subparagraphs
958(3)(c)2.a.(I) and (II) which are in effect at the time the
959student enters grade 9. If a student transfers into a high
960school, the school principal shall determine, in accordance with
961State Board of Education rule, whether the student must take an
962end-of-course assessment in a course for which the student has
963credit that was earned from the previous school if the student's
964enrollment is continuous.
965     (c)  If the commissioner revises a statewide assessment and
966the revisions require the State Board of Education to modify the
967passing scores required for a standard high school diploma or
968for high school course credits under sub-sub-subparagraphs
969(3)(c)2.a.(I) and (II), the commissioner may, with approval of
970the state board, discontinue administration of the former
971assessment upon the graduation, based on normal student
972progression, of students participating in the final regular
973administration of the former assessment. The state board shall
974adopt by rule passing scores for the revised assessment which
975are statistically equivalent to passing scores on the
976discontinued assessment for a student required under paragraph
977(b) to attain passing scores on the discontinued assessment.
978     (10)  CONCORDANT SCORES FOR THE FCAT.-
979     (a)  The Commissioner State Board of Education shall
980analyze the content and concordant data sets for nationally
981recognized widely used high school achievement tests, including,
982but not limited to, the PSAT, PLAN, SAT, ACT, and College
983Placement Test, to assess if concordant scores for FCAT scores
984can be determined for high school graduation, college placement,
985and scholarship awards. When In cases where content alignment
986and concordant scores can be determined, the Commissioner of
987Education shall adopt those scores as meeting the graduation
988requirement in lieu of achieving the FCAT passing score and may
989adopt those scores as being sufficient to achieve additional
990purposes as determined by rule. Each time that test content or
991scoring procedures change for the FCAT or for a high school
992achievement test for which a concordant score is determined, new
993concordant scores must be determined.
994     (b)  In order to use a concordant subject area score
995pursuant to this subsection to satisfy the assessment
996requirement for a standard high school diploma as provided in s.
9971003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
998take each subject area of the grade 10 FCAT a total of three
999times without earning a passing score. The requirements of this
1000paragraph shall not apply to a new student who enters the
1001Florida public school system in grade 12, who may either achieve
1002a passing score on the FCAT or use an approved subject area
1003concordant score to fulfill the graduation requirement.
1004     (b)(c)  The State Board of Education may define by rule the
1005allowable uses, other than to satisfy the high school graduation
1006requirement, for concordant scores as described in this
1007subsection. Such uses may include, but need not be limited to,
1008achieving appropriate standardized test scores required for the
1009awarding of Florida Bright Futures Scholarships and college
1010placement.
1011     (11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1012     (a)  The Commissioner of Education shall analyze the
1013content and equivalent data sets for nationally recognized high
1014school achievement tests and industry certification tests under
1015the Industry Certification Funding List, pursuant to rules
1016adopted by the State Board of Education, including, but not
1017limited to, grade 10 FCAT Mathematics retakes until such retakes
1018are discontinued pursuant to subsection (9), the PSAT, the PLAN,
1019the SAT, the ACT, and the College Placement Test, to assess if
1020equivalent scores for end-of-course assessment scores can be
1021determined for passage of an end-of-course assessment. When
1022content alignment and equivalent scores can be determined, the
1023Commissioner of Education shall adopt those scores as meeting
1024the requirement to pass the end-of-course assessment and as
1025being sufficient to achieve additional purposes as determined by
1026rule. Each time that assessment content or scoring procedures
1027change for an end-of-course assessment or for a high school
1028achievement test or an industry certification test under the
1029Industry Certification Funding List, pursuant to rules adopted
1030by the State Board of Education for which an equivalent score is
1031determined, new equivalent scores must be determined.
1032     (b)  Use of an equivalent score adopted by the State Board
1033of Education under paragraph (a) for purposes of grade
1034adjustment, grade forgiveness, or course credit recovery is
1035contingent upon and subject to district school board rules.
1036     (12)(11)  REPORTS.-The Department of Education shall
1037annually provide a report to the Governor, the President of the
1038Senate, and the Speaker of the House of Representatives on the
1039following:
1040     (a)  Longitudinal performance of students in mathematics
1041and reading.
1042     (b)  Longitudinal performance of students by grade level in
1043mathematics and reading.
1044     (c)  Longitudinal performance regarding efforts to close
1045the achievement gap.
1046     (d)  Other student performance data based on national norm-
1047referenced and criterion-referenced tests, when available, and
1048numbers of students who after 8th grade enroll in adult
1049education rather than other secondary education.
1050     (13)(12)  RULES.-The State Board of Education shall adopt
1051rules pursuant to ss. 120.536(1) and 120.54 to implement the
1052provisions of this section.
1053     Section 9.  Paragraph (a) of subsection (4) of section
10541008.25, Florida Statutes, is amended to read:
1055     1008.25  Public school student progression; remedial
1056instruction; reporting requirements.-
1057     (4)  ASSESSMENT AND REMEDIATION.-
1058     (a)  Each student must participate in the statewide
1059assessment tests required by s. 1008.22. Each student who does
1060not meet specific levels of performance as determined by the
1061district school board in FCAT reading, writing, science, and
1062mathematics for each grade level, or who scores below Level 3 in
1063FCAT reading or FCAT mathematics math, must be provided with
1064additional diagnostic assessments to determine the nature of the
1065student's difficulty, the areas of academic need, and strategies
1066for appropriate intervention and instruction as described in
1067paragraph (b).
1068     Section 10.  Subsection (3) of section 1008.30, Florida
1069Statutes, is amended to read:
1070     1008.30  Common placement testing for public postsecondary
1071education.-
1072     (3)  The State Board of Education shall adopt rules that
1073require high schools to evaluate before the beginning of grade
107412 the college readiness of each student who indicates an
1075interest in postsecondary education and scores at Level 2 or
1076Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1077Level 3, or Level 4 on the mathematics assessments under s.
10781008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1079perform this evaluation using results from the corresponding
1080component of the common placement test prescribed in this
1081section, or an equivalent test identified by the State Board of
1082Education. The Department of Education shall purchase or develop
1083the assessments necessary to perform the evaluations required by
1084this subsection and shall work with the school districts to
1085administer the assessments. The State Board of Education shall
1086establish by rule the minimum test scores a student must achieve
1087to demonstrate readiness. Students who demonstrate readiness by
1088achieving the minimum test scores established by the state board
1089and enroll in a community college within 2 years of achieving
1090such scores shall not be required to enroll in remediation
1091courses as a condition of acceptance to any community college.
1092The high school shall use the results of the test to advise the
1093students of any identified deficiencies and to the maximum
1094extent practicable provide 12th grade students access to
1095appropriate remedial instruction prior to high school
1096graduation. The remedial instruction provided under this
1097subsection shall be a collaborative effort between secondary and
1098postsecondary educational institutions. To the extent courses
1099are available, the Florida Virtual School may be used to provide
1100the remedial instruction required by this subsection.
1101     Section 11.  Paragraphs (b) and (c) of subsection (3) of
1102section 1008.34, Florida Statutes, are amended to read:
1103     1008.34  School grading system; school report cards;
1104district grade.-
1105     (3)  DESIGNATION OF SCHOOL GRADES.-
1106     (b)1.  A school's grade shall be based on a combination of:
1107     a.  Student achievement scores, including achievement on
1108all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1109of-course assessments administered under s. 1008.22(3)(c)2.a.,
1110and achievement scores for students seeking a special diploma.
1111     b.  Student learning gains in reading and mathematics as
1112measured by annual FCAT and end-of-course assessments, as
1113described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
1114Learning gains for students seeking a special diploma, as
1115measured by an alternate assessment tool, shall be included not
1116later than the 2009-2010 school year.
1117     c.  Improvement of the lowest 25th percentile of students
1118in the school in reading and, mathematics, or writing on the
1119FCAT or end-of-course assessments described in s.
11201008.22(3)(c)2.a., unless these students are exhibiting
1121satisfactory performance.
1122     2.  Beginning with the 2009-2010 school year for schools
1123comprised of high school grades 9, 10, 11, and 12, or grades 10,
112411, and 12, 50 percent of the school grade shall be based on a
1125combination of the factors listed in sub-subparagraphs 1.a.-c.
1126and the remaining 50 percent on the following factors:
1127     a.  The high school graduation rate of the school;
1128     b.  As valid data becomes available, the performance and
1129participation of the school's students in College Board Advanced
1130Placement courses, International Baccalaureate courses, dual
1131enrollment courses, and Advanced International Certificate of
1132Education courses; and the students' achievement of national
1133industry certification identified in the Industry Certification
1134Funding List, pursuant to rules adopted by the State Board of
1135Education, as determined by the Agency for Workforce Innovation
1136under s. 1003.492(2) in a career and professional academy, as
1137described in s. 1003.493;
1138     c.  Postsecondary readiness of the school's students as
1139measured by the SAT, ACT, or the common placement test;
1140     d.  The high school graduation rate of at-risk students who
1141scored at Level 2 or lower on the grade 8 FCAT Reading and
1142Mathematics examinations;
1143     e.  As valid data becomes available, the performance of the
1144school's students on statewide standardized end-of-course
1145assessments administered under s. 1008.22(3)(c)2.b. and c. s.
11461008.22; and
1147     f.  The growth or decline in the components listed in sub-
1148subparagraphs a.-e. from year to year.
1149     (c)  Student assessment data used in determining school
1150grades shall include:
1151     1.  The aggregate scores of all eligible students enrolled
1152in the school who have been assessed on the FCAT and statewide,
1153standardized end-of-course assessments in courses required for
1154high school graduation, including, beginning with the 2010-2011
1155school year, the end-of-course assessment in Algebra I, and
1156beginning with the 2011-2012 school year, the end-of-course
1157assessments in geometry and Biology.
1158     2.  The aggregate scores of all eligible students enrolled
1159in the school who have been assessed on the FCAT and end-of-
1160course assessments as described in s. 1008.22(3)(c)2.a., and who
1161have scored at or in the lowest 25th percentile of students in
1162the school in reading and, mathematics, or writing, unless these
1163students are exhibiting satisfactory performance.
1164     3.  Effective with the 2005-2006 school year, The
1165achievement scores and learning gains of eligible students
1166attending alternative schools that provide dropout prevention
1167and academic intervention services pursuant to s. 1003.53. The
1168term "eligible students" in this subparagraph does not include
1169students attending an alternative school who are subject to
1170district school board policies for expulsion for repeated or
1171serious offenses, who are in dropout retrieval programs serving
1172students who have officially been designated as dropouts, or who
1173are in programs operated or contracted by the Department of
1174Juvenile Justice. The student performance data for eligible
1175students identified in this subparagraph shall be included in
1176the calculation of the home school's grade. As used in this
1177section and s. 1008.341, the term "home school" means the school
1178to which the student would be assigned if the student were not
1179assigned to an alternative school. If an alternative school
1180chooses to be graded under this section, student performance
1181data for eligible students identified in this subparagraph shall
1182not be included in the home school's grade but shall be included
1183only in the calculation of the alternative school's grade. A
1184school district that fails to assign the FCAT and end-of-course
1185assessment as described in s. 1008.22(3)(c)2.a. scores of each
1186of its students to his or her home school or to the alternative
1187school that receives a grade shall forfeit Florida School
1188Recognition Program funds for 1 fiscal year. School districts
1189must require collaboration between the home school and the
1190alternative school in order to promote student success. This
1191collaboration must include an annual discussion between the
1192principal of the alternative school and the principal of each
1193student's home school concerning the most appropriate school
1194assignment of the student.
1195     4.  Beginning with the 2009-2010 school year For schools
1196comprised of high school grades 9, 10, 11, and 12, or grades 10,
119711, and 12, the data listed in subparagraphs 1.-3. and the
1198following data as the Department of Education determines such
1199data are valid and available:
1200     a.  The high school graduation rate of the school as
1201calculated by the Department of Education;
1202     b.  The participation rate of all eligible students
1203enrolled in the school and enrolled in College Board Advanced
1204Placement courses; International Baccalaureate courses; dual
1205enrollment courses; Advanced International Certificate of
1206Education courses; and courses or sequence of courses leading to
1207national industry certification identified in the Industry
1208Certification Funding List, pursuant to rules adopted by the
1209State Board of Education, as determined by the Agency for
1210Workforce Innovation under s. 1003.492(2) in a career and
1211professional academy, as described in s. 1003.493;
1212     c.  The aggregate scores of all eligible students enrolled
1213in the school in College Board Advanced Placement courses,
1214International Baccalaureate courses, and Advanced International
1215Certificate of Education courses;
1216     d.  Earning of college credit by all eligible students
1217enrolled in the school in dual enrollment programs under s.
12181007.271;
1219     e.  Earning of a national an industry certification
1220identified in the Industry Certification Funding List, pursuant
1221to rules adopted by the State Board of Education, as determined
1222by the Agency for Workforce Innovation under s. 1003.492(2) in a
1223career and professional academy, as described in s. 1003.493;
1224     f.  The aggregate scores of all eligible students enrolled
1225in the school in reading, mathematics, and other subjects as
1226measured by the SAT, the ACT, and the common placement test for
1227postsecondary readiness;
1228     g.  The high school graduation rate of all eligible at-risk
1229students enrolled in the school who scored at Level 2 or lower
1230on the grade 8 FCAT Reading and Mathematics examinations;
1231     h.  The performance of the school's students on statewide
1232standardized end-of-course assessments administered under s.
12331008.22(3)(c)2.b. and c. s. 1008.22; and
1234     i.  The growth or decline in the data components listed in
1235sub-subparagraphs a.-h. from year to year.
1236
1237The State Board of Education shall adopt appropriate criteria
1238for each school grade. The criteria must also give added weight
1239to student achievement in reading. Schools designated with a
1240grade of "C," making satisfactory progress, shall be required to
1241demonstrate that adequate progress has been made by students in
1242the school who are in the lowest 25th percentile in reading and,
1243mathematics, or writing on the FCAT and end-of-course
1244assessments as described in s. 1008.22(3)(c)2.a., unless these
1245students are exhibiting satisfactory performance. Beginning with
1246the 2009-2010 school year for schools comprised of high school
1247grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
1248for school grades must also give added weight to the graduation
1249rate of all eligible at-risk students, as defined in this
1250paragraph. Beginning in the 2009-2010 school year, in order for
1251a high school to be designated as having a grade of "A," making
1252excellent progress, the school must demonstrate that at-risk
1253students, as defined in this paragraph, in the school are making
1254adequate progress.
1255     Section 12.  Subsection (3) of section 1008.341, Florida
1256Statutes, is amended to read:
1257     1008.341  School improvement rating for alternative
1258schools.-
1259     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1260used in determining an alternative school's school improvement
1261rating shall include:
1262     (a)  The aggregate scores on statewide assessments
1263administered under s. 1008.22 for of all eligible students who
1264were assigned to and enrolled in the school during the October
1265or February FTE count, who have been assessed on the FCAT, and
1266who have FCAT or comparable scores for the preceding school
1267year.
1268     (b)  The aggregate scores on statewide assessments
1269administered under s. 1008.22 for of all eligible students who
1270were assigned to and enrolled in the school during the October
1271or February FTE count, who have been assessed on the FCAT and
1272who have scored in the lowest 25th percentile of students in the
1273state on FCAT Reading.
1274
1275The assessment scores of students who are subject to district
1276school board policies for expulsion for repeated or serious
1277offenses, who are in dropout retrieval programs serving students
1278who have officially been designated as dropouts, or who are in
1279programs operated or contracted by the Department of Juvenile
1280Justice may not be included in an alternative school's school
1281improvement rating.
1282     Section 13.  Subsection (4) of section 1008.36, Florida
1283Statutes, is amended to read:
1284     1008.36  Florida School Recognition Program.-
1285     (4)  All selected schools shall receive financial awards
1286depending on the availability of funds appropriated and the
1287number and size of schools selected to receive an award. Funds
1288must be distributed to the school's fiscal agent and placed in
1289the school's account and must be used for purposes listed in
1290subsection (5) as determined jointly by the school's staff and
1291school advisory council. If school staff and the school advisory
1292council cannot reach agreement by February November 1, the
1293awards must be equally distributed to all classroom teachers
1294currently teaching in the school. If a school selected to
1295receive a school recognition award is no longer in existence at
1296the time the award is paid, the district school superintendent
1297shall distribute the funds to teachers who taught at the school
1298in the previous year in the form of a bonus.
1299
1300Notwithstanding statutory provisions to the contrary, incentive
1301awards are not subject to collective bargaining.
1302     Section 14.  The Office of Program Policy Analysis and
1303Government Accountability (OPPAGA) shall conduct a study on the
1304different types of high school diplomas offered in other states.
1305The study must provide information regarding differentiated high
1306school diploma options and endorsements that other states offer,
1307including the criteria for awarding the diplomas or
1308endorsements, the differences in courses required for college
1309and career pathways, the advantages and disadvantages of
1310offering a range of diploma options, and any barriers other
1311states have encountered when implementing differentiated diploma
1312options. OPPAGA shall submit the results of the study to the
1313Governor, the President of the Senate, and the Speaker of the
1314House of Representatives no later than January 31, 2011.
1315     Section 15.  This act shall take effect July 1, 2010.


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