July 15, 2018
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       Florida Senate - 2010                                       SB 4
       
       
       
       By Senators Detert, Thrasher, Wise, Gaetz, Richter, Storms,
       Peaden, Fasano, Negron, and Altman
       
       
       
       23-01693A-10                                             20104__
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1003.413, F.S., relating to secondary school
    4         redesign, to delete obsolete provisions and to conform
    5         to changes made by the act; amending s. 1003.4156,
    6         F.S.; revising requirements for middle grades
    7         promotion; providing that successful completion of a
    8         high school level Algebra I, geometry, or Biology I
    9         course is not contingent upon a student’s performance
   10         on the end-of-course assessment; requiring a student
   11         to pass the end-of-course assessment to earn high
   12         school credit for such courses; specifying information
   13         that must be provided to students as part of the
   14         personalized academic and career plan; amending s.
   15         1003.428, F.S.; revising requirements for high school
   16         graduation; requiring students entering grade 9 in
   17         specified school years to meet end-of-course
   18         assessment requirements and revised credit
   19         requirements in mathematics and science for high
   20         school graduation; requiring credit in an online
   21         course; requiring district school board standards for
   22         grades in certain courses; providing for waiver of
   23         end-of-course assessment results for the purpose of
   24         receiving a course grade and credit for students with
   25         disabilities; amending s. 1003.429, F.S.; revising
   26         requirements for accelerated high school graduation
   27         options; updating cross-references; requiring students
   28         entering grade 9 in specified school years to meet
   29         end-of-course assessment requirements and revised
   30         credit requirements in mathematics and science for
   31         high school graduation; requiring credit in an online
   32         course; requiring district school board standards for
   33         grades in certain courses; creating s. 1003.4295,
   34         F.S.; requiring high schools to advise students of,
   35         and offer, acceleration courses; amending s. 1003.493,
   36         F.S., relating to career and professional academies,
   37         to conform to changes made by the act; amending s.
   38         1007.35, F.S., relating to the Florida Partnership for
   39         Minority and Underrepresented Student Achievement, to
   40         conform to changes made by the act; amending s.
   41         1008.22, F.S.; revising the statewide student
   42         achievement testing program; requiring end-of-course
   43         assessments in mathematics and science to replace FCAT
   44         Mathematics and FCAT Science beginning with students
   45         entering grade 9 in specified school years; providing
   46         requirements for the administration of, and student
   47         performance on, statewide, standardized end-of-course
   48         assessments in mathematics and science; providing for
   49         establishment of an implementation schedule to develop
   50         and administer end-of-course assessments in certain
   51         courses; requiring evaluation and reporting of the
   52         transition to specified end-of-course assessments;
   53         requiring the use of scaled scores and student
   54         achievement levels for describing student success on
   55         assessments; requiring the State Board of Education to
   56         designate passing scores for end-of-course assessments
   57         and scores that indicate high achievement; providing
   58         requirements for retaking specified assessments;
   59         providing for waiver of end-of-course assessment
   60         requirements for students in exceptional education
   61         programs and students who have limited English
   62         proficiency; revising provisions relating to testing
   63         and reporting schedules; conforming provisions and
   64         cross-references; authorizing the State Board of
   65         Education to adopt concordant scores for the FCAT and
   66         equivalent scores for end-of-course assessments;
   67         deleting retake requirements for use of concordant
   68         scores; providing requirements for use of equivalent
   69         scores; amending s. 1008.25, F.S., relating to public
   70         school student progression, to conform to changes made
   71         by the act; amending s. 1008.30, F.S., relating to the
   72         common placement test, to conform to changes made by
   73         the act; amending s. 1008.34, F.S.; revising
   74         provisions that specify the basis for determining
   75         school grades to include student performance on end
   76         of-course assessments and to conform provisions to
   77         current FCAT assessments; amending s. 1008.341, F.S.;
   78         revising provisions that specify the basis for
   79         determining an alternative school’s school improvement
   80         rating to include student performance on end-of-course
   81         assessments; amending s. 1008.36, F.S.; revising
   82         provisions relating to the use of school recognition
   83         awards; providing an effective date.
   84  
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Paragraph (d) of subsection (3) and subsections
   88  (4) and (5) of section 1003.413, Florida Statutes, are amended
   89  to read:
   90         1003.413 Florida Secondary School Redesign Act.—
   91         (3) Based on these guiding principles, district school
   92  boards shall establish policies to implement the requirements of
   93  ss. 1003.4156, 1003.428, and 1003.493. The policies must
   94  address:
   95         (d) Credit recovery courses and intensive reading and
   96  mathematics intervention courses based on student performance on
   97  the FCAT Reading and Mathematics. These courses should be
   98  competency based and offered through innovative delivery
   99  systems, including computer-assisted instruction. School
  100  districts should use learning gains as well as other appropriate
  101  data and provide incentives to identify and reward high
  102  performing teachers who teach credit recovery and intensive
  103  intervention courses.
  104         (4) In order to support the successful implementation of
  105  this section by district school boards, the Department of
  106  Education shall:
  107         (a)By February 1, 2007, increase the number of approved
  108  applied, integrated, and combined courses available to school
  109  districts.
  110         (b)By the beginning of the 2006-2007 school year, make
  111  available a professional development package designed to provide
  112  the information that content area teachers need to become
  113  proficient in applying scientifically based reading strategies
  114  through their content areas.
  115         (a)(c) Share best practices for providing a complete
  116  education program to students enrolled in course recovery,
  117  credit recovery, intensive reading intervention, or intensive
  118  mathematics intervention.
  119         (b)(d) Expedite assistance and decisions and coordinate
  120  policies throughout all divisions within the department to
  121  provide school districts with support to implement this section.
  122         (e)Use data to provide the Legislature with an annual
  123  longitudinal analysis of the success of this reform effort,
  124  including the progress of 6th grade students and 9th grade
  125  students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
  126         (5)The Commissioner of Education shall create and
  127  implement the Secondary School Improvement Award Program to
  128  reward public secondary schools that demonstrate continuous
  129  student academic improvement and show the greatest gains in
  130  student academic achievement in reading and mathematics.
  131         Section 2. Paragraph (a) of subsection (1) of section
  132  1003.4156, Florida Statutes, is amended to read:
  133         1003.4156 General requirements for middle grades
  134  promotion.—
  135         (1) Beginning with students entering grade 6 in the 2006
  136  2007 school year, promotion from a school composed of middle
  137  grades 6, 7, and 8 requires that:
  138         (a) The student must successfully complete academic courses
  139  as follows:
  140         1. Three middle school or higher courses in English. These
  141  courses shall emphasize literature, composition, and technical
  142  text.
  143         2. Three middle school or higher courses in mathematics.
  144  Each middle school must offer at least one high school level
  145  mathematics course for which students may earn high school
  146  credit. Successful completion of a high school level Algebra I
  147  or geometry course is not contingent upon the student’s
  148  performance on the end-of-course assessment required under s.
  149  1008.22(3)(c)2.a.(I). However, to earn high school credit for an
  150  Algebra I or geometry course, a middle school student must meet
  151  the end-of-course assessment requirement under s.
  152  1008.22(3)(c)2.a.(I). Students in grades 6 through 8 who earn
  153  high school credit for an Algebra I or geometry course before
  154  the 2010-2011 school year are not subject to the end-of-course
  155  assessment requirement.
  156         3. Three middle school or higher courses in social studies,
  157  one semester of which must include the study of state and
  158  federal government and civics education.
  159         4. Three middle school or higher courses in science.
  160  Successful completion of a high school level Biology I course is
  161  not contingent upon the student’s performance on the end-of
  162  course assessment required under s. 1008.22(3)(c)2.a.(II).
  163  However, to earn high school credit for a Biology I course, a
  164  middle school student must meet the end-of-course assessment
  165  requirement under s. 1008.22(3)(c)2.a.(II). Students in grades 6
  166  through 8 who earn high school credit for a Biology I course
  167  before the 2011-2012 school year are not subject to the end-of
  168  course assessment requirement.
  169         5. One course in career and education planning to be
  170  completed in 7th or 8th grade. The course may be taught by any
  171  member of the instructional staff; must include career
  172  exploration using Florida CHOICES for the 21st Century or a
  173  comparable cost-effective program; must include educational
  174  planning using the online student advising system known as
  175  Florida Academic Counseling and Tracking for Students at the
  176  Internet website FACTS.org; and shall result in the completion
  177  of a personalized academic and career plan. The required
  178  personalized academic and career plan must inform students of
  179  high school graduation requirements, high school assessment and
  180  college entrance test requirements, Florida Bright Futures
  181  Scholarship Program requirements, state university and Florida
  182  college admission requirements, and programs through which a
  183  high school student can earn college credit, including Advanced
  184  Placement, International Baccalaureate, Advanced International
  185  Certificate of Education, dual enrollment, career academy
  186  opportunities, and courses that lead to national industry
  187  certification.
  188  
  189  Each school must hold a parent meeting either in the evening or
  190  on a weekend to inform parents about the course curriculum and
  191  activities. Each student shall complete an electronic personal
  192  education plan that must be signed by the student; the student’s
  193  instructor, guidance counselor, or academic advisor; and the
  194  student’s parent. By January 1, 2007, The Department of
  195  Education shall develop course frameworks and professional
  196  development materials for the career exploration and education
  197  planning course. The course may be implemented as a stand-alone
  198  course or integrated into another course or courses. The
  199  Commissioner of Education shall collect longitudinal high school
  200  course enrollment data by student ethnicity in order to analyze
  201  course-taking patterns.
  202         Section 3. Subsections (1) and (2), paragraph (a) of
  203  subsection (4), and paragraph (b) of subsection (8) of section
  204  1003.428, Florida Statutes, are amended to read:
  205         1003.428 General requirements for high school graduation;
  206  revised.—
  207         (1) Except as otherwise authorized pursuant to s. 1003.429,
  208  beginning with students entering grade 9 their first year of
  209  high school in the 2007-2008 school year, graduation requires
  210  the successful completion of a minimum of 24 credits, an
  211  International Baccalaureate curriculum, or an Advanced
  212  International Certificate of Education curriculum. Students must
  213  be advised of eligibility requirements for state scholarship
  214  programs and postsecondary admissions.
  215         (2) The 24 credits may be earned through applied,
  216  integrated, and combined courses approved by the Department of
  217  Education. Beginning with students entering grade 9 in the 2013
  218  2014 school year, one of the 24 credits must be earned through a
  219  virtual instruction course. For purposes of this subsection,
  220  “virtual instruction course” means a course of instruction
  221  provided in an interactive learning environment created through
  222  technology in which students are separated from their teachers
  223  by time or space. This requirement shall be met through a
  224  virtual instruction course that significantly integrates content
  225  that is aligned to appropriate state curriculum standards, as
  226  determined by the Department of Education, and for which a
  227  standardized end-of-course assessment, as approved by the
  228  Department of Education, is administered. A student who is
  229  enrolled in a full-time virtual instruction program under s.
  230  1002.45 meets this requirement. The 24 credits and shall be
  231  distributed as follows:
  232         (a) Sixteen core curriculum credits:
  233         1. Four credits in English, with major concentration in
  234  composition, reading for information, and literature.
  235         2. Four credits in mathematics, one of which must be
  236  Algebra I, a series of courses equivalent to Algebra I, or a
  237  higher-level mathematics course. Beginning with students
  238  entering grade 9 in the 2010-2011 school year, in addition to
  239  the Algebra I credit requirement, one of the four credits in
  240  mathematics must be geometry or a series of courses equivalent
  241  to geometry as approved by the State Board of Education.
  242  Beginning with students entering grade 9 in the 2010-2011 school
  243  year, the end-of-course assessment requirements under s.
  244  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  245  the required credits in Algebra I and geometry. Beginning with
  246  students entering grade 9 in the 2012-2013 school year, in
  247  addition to the Algebra I and geometry credit requirements, one
  248  of the four credits in mathematics must be Algebra II or a
  249  series of courses equivalent to Algebra II as approved by the
  250  State Board of Education. Beginning with students entering grade
  251  9 in the 2013-2014 school year, the end-of-course requirements
  252  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  253  to earn the required credit in Algebra II. School districts are
  254  encouraged to set specific goals to increase enrollments in, and
  255  successful completion of, geometry and Algebra II.
  256         3. Three credits in science, two of which must have a
  257  laboratory component. Beginning with students entering grade 9
  258  in the 2011-2012 school year, one of the three credits in
  259  science must be Biology I or a series of courses equivalent to
  260  Biology I as approved by the State Board of Education. Beginning
  261  with students entering grade 9 in the 2011-2012 school year, the
  262  end-of-course assessment requirements under s.
  263  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  264  the required credit in Biology I. Beginning with students
  265  entering grade 9 in the 2013-2014 school year, one of the three
  266  credits must be Biology I or a series of courses equivalent to
  267  Biology I as approved by the State Board of Education, one
  268  credit must be chemistry or physics or a series of courses
  269  equivalent to chemistry or physics as approved by the State
  270  Board of Education, and one credit must be an equally rigorous
  271  course, as determined by the State Board of Education. Beginning
  272  with students entering grade 9 in the 2014-2015 school year, the
  273  end-of-course requirements under s. 1008.22(3)(c)2.a.(I) must be
  274  met in order for a student to earn the required credit in
  275  chemistry or physics.
  276         4. Three credits in social studies as follows: one credit
  277  in United States American history; one credit in world history;
  278  one-half credit in economics; and one-half credit in United
  279  States American government.
  280         5. One credit in fine or performing arts, speech and
  281  debate, or a practical arts course that incorporates artistic
  282  content and techniques of creativity, interpretation, and
  283  imagination. Eligible practical arts courses shall be identified
  284  through the Course Code Directory.
  285         6. One credit in physical education to include integration
  286  of health. Participation in an interscholastic sport at the
  287  junior varsity or varsity level for two full seasons shall
  288  satisfy the one-credit requirement in physical education if the
  289  student passes a competency test on personal fitness with a
  290  score of “C” or better. The competency test on personal fitness
  291  must be developed by the Department of Education. A district
  292  school board may not require that the one credit in physical
  293  education be taken during the 9th grade year. Completion of one
  294  semester with a grade of “C” or better in a marching band class,
  295  in a physical activity class that requires participation in
  296  marching band activities as an extracurricular activity, or in a
  297  dance class shall satisfy one-half credit in physical education
  298  or one-half credit in performing arts. This credit may not be
  299  used to satisfy the personal fitness requirement or the
  300  requirement for adaptive physical education under an individual
  301  education plan (IEP) or 504 plan. Completion of 2 years in a
  302  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  303  component of which is drills, shall satisfy the one-credit
  304  requirement in physical education and the one-credit requirement
  305  in performing arts. This credit may not be used to satisfy the
  306  personal fitness requirement or the requirement for adaptive
  307  physical education under an individual education plan (IEP) or
  308  504 plan.
  309         (b) Eight credits in majors, minors, or electives.:
  310         1.Four credits in a major area of interest, such as
  311  sequential courses in a career and technical program, fine and
  312  performing arts, or academic content area, selected by the
  313  student as part of the education plan required by s. 1003.4156.
  314  Students may revise major areas of interest each year as part of
  315  annual course registration processes and should update their
  316  education plan to reflect such revisions. Annually by October 1,
  317  the district school board shall approve major areas of interest
  318  and submit the list of majors to the Commissioner of Education
  319  for approval. Each major area of interest shall be deemed
  320  approved unless specifically rejected by the commissioner within
  321  60 days. Upon approval, each district’s major areas of interest
  322  shall be available for use by all school districts and shall be
  323  posted on the department’s website.
  324         2.Four credits in elective courses selected by the student
  325  as part of the education plan required by s. 1003.4156. These
  326  credits may be combined to allow for a second major area of
  327  interest pursuant to subparagraph 1., a minor area of interest,
  328  elective courses, or intensive reading or mathematics
  329  intervention courses as described in this subparagraph.
  330         a.Minor areas of interest are composed of three credits
  331  selected by the student as part of the education plan required
  332  by s. 1003.4156 and approved by the district school board.
  333         b.Elective courses are selected by the student in order to
  334  pursue a complete education program as described in s.
  335  1001.41(3) and to meet eligibility requirements for
  336  scholarships.
  337         1.c. For each year in which a student scores at Level l on
  338  FCAT Reading, the student must be enrolled in and complete an
  339  intensive reading course the following year. Placement of Level
  340  2 readers in either an intensive reading course or a content
  341  area course in which reading strategies are delivered shall be
  342  determined by diagnosis of reading needs. The department shall
  343  provide guidance on appropriate strategies for diagnosing and
  344  meeting the varying instructional needs of students reading
  345  below grade level. Reading courses shall be designed and offered
  346  pursuant to the comprehensive reading plan required by s.
  347  1011.62(9).
  348         2.d. For each year in which a student scores at Level 1 or
  349  Level 2 on FCAT Mathematics, the student must receive
  350  remediation the following year. These courses may be taught
  351  through applied, integrated, or combined courses and are subject
  352  to approval by the department for inclusion in the Course Code
  353  Directory.
  354         (c) This paragraph creates the Credit Acceleration Program
  355  (CAP). CAP allows a secondary student to earn high school credit
  356  in a course which requires a statewide, standardized end-of
  357  course assessment under s. 1008.22(3)(c) or a standardized end
  358  of-course assessment under s. 1008.22, if the student attains a
  359  specified score on the assessment. Notwithstanding s. 1003.436,
  360  a school district shall award a course credit to a student who
  361  is not enrolled in the course, or who has not completed the
  362  course, provided that the student attains a score of high
  363  achieving, as defined in s. 1008.22(3)(c)7., on the
  364  corresponding standardized end-of-course assessment. The school
  365  district shall permit a student who is not enrolled in the
  366  course, or who has not completed the course, to take the
  367  standardized end-of-course assessment during the regular
  368  administration of the assessment.
  369         (4) Each district school board shall establish standards
  370  for graduation from its schools, which must include:
  371         (a) Successful completion of the academic credit or
  372  curriculum requirements of subsections (1) and (2). For courses
  373  that require statewide, standardized end–of-course assessments
  374  under s. 1008.22 and standardized end-of-course assessments
  375  under s. 1008.222, passage of the end-of-course assessment.
  376  
  377  Each district school board shall adopt policies designed to
  378  assist students in meeting the requirements of this subsection.
  379  These policies may include, but are not limited to: forgiveness
  380  policies, summer school or before or after school attendance,
  381  special counseling, volunteers or peer tutors, school-sponsored
  382  help sessions, homework hotlines, and study skills classes.
  383  Forgiveness policies for required courses shall be limited to
  384  replacing a grade of “D” or “F,” or the equivalent of a grade of
  385  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  386  a grade of “C” or higher, earned subsequently in the same or
  387  comparable course. Forgiveness policies for elective courses
  388  shall be limited to replacing a grade of “D” or “F,” or the
  389  equivalent of a grade of “D” or “F,” with a grade of “C” or
  390  higher, or the equivalent of a grade of “C” or higher, earned
  391  subsequently in another course. The only exception to these
  392  forgiveness policies shall be made for a student in the middle
  393  grades who takes any high school course for high school credit
  394  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  395  grade of “C,” “D,” or “F.” In such case, the district
  396  forgiveness policy must allow the replacement of the grade with
  397  a grade of “C” or higher, or the equivalent of a grade of “C” or
  398  higher, earned subsequently in the same or comparable course. In
  399  all cases of grade forgiveness, only the new grade shall be used
  400  in the calculation of the student’s grade point average. Any
  401  course grade not replaced according to a district school board
  402  forgiveness policy shall be included in the calculation of the
  403  cumulative grade point average required for graduation.
  404         (8)
  405         (b)1. A student with a disability, as defined in s.
  406  1007.02(2), for whom the individual education plan (IEP)
  407  committee determines that the FCAT cannot accurately measure the
  408  student’s abilities taking into consideration all allowable
  409  accommodations, shall have the FCAT requirement of paragraph
  410  (4)(b) waived for the purpose of receiving a standard high
  411  school diploma, if the student:
  412         a.1. Completes the minimum number of credits and other
  413  requirements prescribed by subsections (1), (2), and (3).
  414         b.2. Does not meet the requirements of paragraph (4)(b)
  415  after one opportunity in 10th grade and one opportunity in 11th
  416  grade.
  417         2.A student with a disability, as defined in s.
  418  1007.02(2), for whom the individual education plan (IEP)
  419  committee determines that an end-of-course assessment cannot
  420  accurately measure the student’s abilities, taking into
  421  consideration all allowable accommodations and alternate
  422  assessments, shall have the end-of-course assessment results
  423  waived for the purpose of determining the student′s course grade
  424  and credit as required in paragraph (4)(a). However, the student
  425  is not eligible for a standard high school diploma. The student
  426  is eligible for a special diploma.
  427         Section 4. Subsections (1) and (5), paragraph (c) of
  428  subsection (7), and subsection (8) of section 1003.429, Florida
  429  Statutes, are amended to read:
  430         1003.429 Accelerated high school graduation options.—
  431         (1) Students who enter grade 9 in the 2006-2007 school year
  432  and thereafter may select, upon receipt of each consent required
  433  by this section, one of the following three high school
  434  graduation options:
  435         (a) Completion of the general requirements for high school
  436  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  437  (b) Completion of a 3-year standard college preparatory program
  438  requiring successful completion of a minimum of 18 academic
  439  credits in grades 9 through 12. At least 6 of the 18 credits
  440  required for completion of this program must be received in
  441  classes that are offered pursuant to the International
  442  Baccalaureate Program, the Advanced Placement Program, dual
  443  enrollment, Advanced International Certificate of Education, or
  444  specifically listed or identified by the Department of Education
  445  as rigorous pursuant to s. 1009.531(3). Beginning with students
  446  entering grade 9 in the 2013-2014 school year, one of the 18
  447  credits must be earned through a virtual instruction course. For
  448  purposes of this subsection, “virtual instruction course” means
  449  a course of instruction provided in an interactive learning
  450  environment created through technology in which students are
  451  separated from their teachers by time or space. This requirement
  452  shall be met through a virtual course that significantly
  453  integrates content that is aligned to appropriate state
  454  curriculum standards, as determined by the Department of
  455  Education, and for which a standardized end-of-course
  456  assessment, as approved by the Department of Education, is
  457  administered. A student who is enrolled in a full-time virtual
  458  instruction program under s. 1002.45 meets this requirement. The
  459  18 credits required for completion of this program shall be
  460  primary requirements and shall be distributed as follows:
  461         1. Four credits in English, with major concentration in
  462  composition and literature;
  463         2. Three credits and, beginning with students entering
  464  grade 9 in the 2010-2011 school year, four credits in
  465  mathematics at the Algebra I level or higher from the list of
  466  courses that qualify for state university admission. Beginning
  467  with students entering grade 9 in the 2010-2011 school year, in
  468  addition to the Algebra I credit requirement, one of the four
  469  credits in mathematics must be geometry or a series of courses
  470  equivalent to geometry as approved by the State Board of
  471  Education. Beginning with students entering grade 9 in the 2010
  472  2011 school year, the end-of-course assessment requirements
  473  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  474  to earn the required credits in Algebra I and geometry.
  475  Beginning with students entering grade 9 in the 2012-2013 school
  476  year, in addition to the Algebra I and geometry credit
  477  requirements, one of the four credits in mathematics must be
  478  Algebra II or a series of courses equivalent to Algebra II as
  479  approved by the State Board of Education. Beginning with
  480  students entering grade 9 in the 2013-2014 school year, the end
  481  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  482  must be met in order for a student to earn the required credits
  483  in Algebra II;
  484         3. Three credits in natural science, two of which must have
  485  a laboratory component. Beginning with students entering grade 9
  486  in the 2011-2012 school year, one of the three credits in
  487  science must be Biology I or a series of courses equivalent to
  488  Biology I as approved by the State Board of Education. Beginning
  489  with students entering grade 9 in the 2011-2012 school year, the
  490  end-of-course assessment requirements under s.
  491  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  492  the required credit in Biology I. Beginning with students
  493  entering grade 9 in the 2013-2014 school year, one of the three
  494  credits must be Biology I or a series of courses equivalent to
  495  Biology I as approved by the State Board of Education, one
  496  credit must be chemistry or physics or a series of courses
  497  equivalent to chemistry or physics as approved by the State
  498  Board of Education, and one credit must be an equally rigorous
  499  course, as approved by the State Board of Education. Beginning
  500  with students entering grade 9 in the 2013-2014 school year, the
  501  end-of-course assessment requirements under s.
  502  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  503  the required credit in chemistry or physics;
  504         4. Three credits in social sciences, which must include one
  505  credit in United States American history, one credit in world
  506  history, one-half credit in United States American government,
  507  and one-half credit in economics;
  508         5. Two credits in the same second language unless the
  509  student is a native speaker of or can otherwise demonstrate
  510  competency in a language other than English. If the student
  511  demonstrates competency in another language, the student may
  512  replace the language requirement with two credits in other
  513  academic courses; and
  514         6. Three credits in electives and, beginning with students
  515  entering grade 9 in the 2010-2011 school year, two credits in
  516  electives; or
  517         (c) Completion of a 3-year career preparatory program
  518  requiring successful completion of a minimum of 18 academic
  519  credits in grades 9 through 12. Beginning with students entering
  520  grade 9 in the 2013-2014 school year, one of the 18 credits must
  521  be earned through a virtual instruction course. For purposes of
  522  this subsection, “virtual instruction course” means a course of
  523  instruction provided in an interactive learning environment
  524  created through technology in which students are separated from
  525  their teachers by time or space. This requirement shall be met
  526  through a virtual course that significantly integrates content
  527  that is aligned to appropriate state curriculum standards, as
  528  determined by the Department of Education, and for which a
  529  standardized end-of-course assessment, as approved by the
  530  Department of Education, is administered. A student who is
  531  enrolled in a full-time virtual instruction program under s.
  532  1002.45 meets this requirement. The 18 credits shall be primary
  533  requirements and shall be distributed as follows:
  534         1. Four credits in English, with major concentration in
  535  composition and literature;
  536         2. Three credits and, beginning with students entering
  537  grade 9 in the 2010-2011 school year, four credits in
  538  mathematics, one of which must be Algebra I. Beginning with
  539  students entering grade 9 in the 2010-2011 school year, in
  540  addition to the Algebra I credit requirement, one of the four
  541  credits in mathematics must be geometry or a series of courses
  542  equivalent to geometry as approved by the State Board of
  543  Education. Beginning with students entering grade 9 in the 2010
  544  2011 school year, the end-of-course assessment requirements
  545  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  546  to earn the required credits in Algebra I and geometry.
  547  Beginning with students entering grade 9 in the 2012-2013 school
  548  year, in addition to the Algebra I and geometry credit
  549  requirements, one of the four credits in mathematics must be
  550  Algebra II or a series of courses equivalent to Algebra II as
  551  approved by the State Board of Education. Beginning with
  552  students entering grade 9 in the 2013-2014 school year, the end
  553  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  554  must be met in order for a student to earn the required credits
  555  in Algebra II;
  556         3. Three credits in natural science, two of which must have
  557  a laboratory component. Beginning with students entering grade 9
  558  in the 2011-2012 school year, one of the three credits in
  559  science must be Biology I or a series of courses equivalent to
  560  Biology I as approved by the State Board of Education. Beginning
  561  with students entering grade 9 in the 2011-2012 school year, the
  562  end-of-course assessment requirements under s.
  563  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  564  the required credit in Biology I. Beginning with students
  565  entering grade 9 in the 2013-2014 school year, one of the three
  566  credits must be Biology I or a series of courses equivalent to
  567  Biology I as approved by the State Board of Education, one
  568  credit must be chemistry or physics or a series of courses
  569  equivalent to chemistry or physics as approved by the State
  570  Board of Education, and one credit must be an equally rigorous
  571  course, as approved by the State Board of Education. Beginning
  572  with students entering grade 9 in the 2013-2014 school year, the
  573  end-of-course assessment requirements under s.
  574  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  575  the required credit in chemistry or physics;
  576         4. Three credits in social sciences, which must include one
  577  credit in United States American history, one credit in world
  578  history, one-half credit in United States American government,
  579  and one-half credit in economics;
  580         5. Three credits in a single vocational or career education
  581  program, three credits in career and technical certificate dual
  582  enrollment courses, or five credits in vocational or career
  583  education courses; and
  584         6. Two credits and, beginning with students entering grade
  585  9 in the 2010-2011 school year, one credit in electives unless
  586  five credits are earned pursuant to subparagraph 5.
  587  
  588  Any student who selected an accelerated graduation program
  589  before July 1, 2004, may continue that program, and all
  590  statutory program requirements that were applicable when the
  591  student made the program choice shall remain applicable to the
  592  student as long as the student continues that program.
  593         (5) District school boards may not establish requirements
  594  for accelerated 3-year high school graduation options in excess
  595  of the requirements in paragraphs (1)(b) and (c). For courses
  596  that require statewide, standardized end–of-course assessments
  597  under s. 1008.22 and standardized end-of-course assessments
  598  under s. 1008.222, passage of the end-of-course assessment.
  599  Students enrolled in the accelerated high school graduation
  600  option are eligible to participate in the Credit Acceleration
  601  Program pursuant to s. 1003.428(3)(c).
  602         (7) If, at the end of grade 10, a student is not on track
  603  to meet the credit, assessment, or grade-point-average
  604  requirements of the accelerated graduation option selected, the
  605  school shall notify the student and parent of the following:
  606         (c) The right of the student to change to the 4-year
  607  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  608         (8) A student who selected one of the accelerated 3-year
  609  graduation options shall automatically move to the 4-year
  610  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  611  if the student:
  612         (a) Exercises his or her right to change to the 4-year
  613  program;
  614         (b) Fails to earn 5 credits by the end of grade 9 or fails
  615  to earn 11 credits by the end of grade 10;
  616         (c) Does not achieve a score of 3 or higher on the grade 10
  617  FCAT Writing assessment; or
  618         (d) By the end of grade 11 does not meet the requirements
  619  of subsections (1) and (6).
  620         Section 5. Section 1003.4295, Florida Statutes, is created
  621  to read:
  622         1003.4295Acceleration courses.—
  623         (1)Each high school shall advise each student of programs
  624  through which a high school student can earn college credit,
  625  including Advanced Placement, International Baccalaureate,
  626  Advanced International Certificate of Education, dual enrollment
  627  courses, career academy courses, and courses that lead to
  628  national industry certification, as well as the availability of
  629  course offerings through virtual instruction.
  630         (2)Beginning with the 2011-2012 school year, each high
  631  school shall offer an International Baccalaureate Program, an
  632  Advanced International Certificate of Education Program, or a
  633  combination of at least four courses in dual enrollment or
  634  Advanced Placement, including one course each in English,
  635  mathematics, science, and social studies. To meet this
  636  requirement, school districts may use virtual instruction
  637  courses offerings provided through virtual instruction, provided
  638  that the virtual course significantly integrates postsecondary
  639  level content for which a student may earn college credit, as
  640  determined by the Department of Education, and for which a
  641  standardized end-of-course assessment, as approved by the
  642  Department of Education, is administered.
  643         Section 6. Paragraph (k) of subsection (4) of section
  644  1003.493, Florida Statutes, is amended to read:
  645         1003.493 Career and professional academies.—
  646         (4) Each career and professional academy must:
  647         (k) Include an evaluation plan developed jointly with the
  648  Department of Education and the local workforce board. The
  649  evaluation plan must include an assessment tool based on
  650  national industry standards, such as the Career Academy National
  651  Standards of Practice, and outcome measures, including, but not
  652  limited to, achievement of national industry certifications
  653  identified in the Industry Certified Funding List, pursuant to
  654  rules adopted by the State Board of Education, graduation rates,
  655  enrollment in postsecondary education, business and industry
  656  satisfaction, employment and earnings, awards of postsecondary
  657  credit and scholarships, and student FCAT achievement levels and
  658  learning gains on statewide assessments administered under s.
  659  1008.22(3)(c) and standardized assessments administered under s.
  660  1008.222. The Department of Education shall use Workforce
  661  Florida, Inc., and Enterprise Florida, Inc., in identifying
  662  industry experts to participate in developing and implementing
  663  such assessments.
  664         Section 7. Paragraph (c) of subsection (6) of section
  665  1007.35, Florida Statutes, is amended to read:
  666         1007.35 Florida Partnership for Minority and
  667  Underrepresented Student Achievement.—
  668         (6) The partnership shall:
  669         (c) Provide teacher training and materials that are aligned
  670  with the Next Generation Sunshine State Standards and are
  671  consistent with best theory and practice regarding multiple
  672  learning styles and research on learning, instructional
  673  strategies, instructional design, and classroom assessment.
  674  Curriculum materials must be based on current, accepted, and
  675  essential academic knowledge. Materials for prerequisite courses
  676  should, at a minimum, address the skills assessed on the Florida
  677  Comprehensive Assessment Test (FCAT).
  678         Section 8. Paragraph (c) of subsection (3) and subsections
  679  (6), (9), (10), (11), and (12) of section 1008.22, Florida
  680  Statutes, are amended to read:
  681         1008.22 Student assessment program for public schools.—
  682         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  683  design and implement a statewide program of educational
  684  assessment that provides information for the improvement of the
  685  operation and management of the public schools, including
  686  schools operating for the purpose of providing educational
  687  services to youth in Department of Juvenile Justice programs.
  688  The commissioner may enter into contracts for the continued
  689  administration of the assessment, testing, and evaluation
  690  programs authorized and funded by the Legislature. Contracts may
  691  be initiated in 1 fiscal year and continue into the next and may
  692  be paid from the appropriations of either or both fiscal years.
  693  The commissioner is authorized to negotiate for the sale or
  694  lease of tests, scoring protocols, test scoring services, and
  695  related materials developed pursuant to law. Pursuant to the
  696  statewide assessment program, the commissioner shall:
  697         (c) Develop and implement a student achievement testing
  698  program as follows: known as
  699         1. The Florida Comprehensive Assessment Test (FCAT)
  700  measures as part of the statewide assessment program to measure
  701  a student’s content knowledge and skills in reading, writing,
  702  science, and mathematics. The content knowledge and skills
  703  assessed by the FCAT must be aligned to the core curricular
  704  content established in the Next Generation Sunshine State
  705  Standards. Other content areas may be included as directed by
  706  the commissioner. Comprehensive assessments of reading and
  707  mathematics shall be administered annually in grades 3 through
  708  10 except, beginning with students entering grade 9 in the 2010
  709  2011 school year, the end-of-course assessments in Algebra I and
  710  geometry required under sub-sub-subparagraph 2.a.(I) shall
  711  replace grade 9 and grade 10 FCAT Mathematics. Comprehensive
  712  assessments of writing and science shall be administered at
  713  least once at the elementary, middle, and high school levels
  714  except, beginning with students entering grade 9 in the 2011
  715  2012 school year, the end-of-course assessment in Biology I
  716  required under sub-sub-subparagraph 2.a.(II) shall replace FCAT
  717  Science at the high school level.
  718         2.a. End-of-course assessments for a subject shall may be
  719  administered in addition to the comprehensive assessments
  720  required for that subject under subparagraph 1. this paragraph.
  721  An End-of-course assessments assessment must be rigorous,
  722  statewide, standardized, and developed or approved by the
  723  department. The content knowledge and skills assessed by
  724  comprehensive and end-of-course assessments must be aligned to
  725  the core curricular content established in the Next Generation
  726  Sunshine State Standards.
  727         (I)Statewide, standardized end-of-course assessments in
  728  mathematics shall be administered according to this sub-sub
  729  subparagraph. Beginning with the 2010-2011 school year, all
  730  students enrolled in Algebra I or an equivalent course must take
  731  the Algebra I end-of-course assessment. For students entering
  732  grade 9 in the 2010-2011 school year, each student’s performance
  733  on the end-of-course assessment in Algebra I shall constitute 30
  734  percent of the student’s final course grade. Beginning with
  735  students entering grade 9 in the 2011-2012 school year, a
  736  student must earn a passing score on the end-of-course
  737  assessment in Algebra I in order to pass the course and earn
  738  course credit. Beginning with the 2010-2011 school year, all
  739  students enrolled in geometry or an equivalent course must take
  740  the geometry end-of-course assessment. For students entering
  741  grade 9 in the 2010-2011 school year, each student’s performance
  742  on the end-of-course assessment in geometry shall constitute 30
  743  percent of the student’s final course grade. Beginning with
  744  students entering grade 9 during the 2011-2012 school year, a
  745  student must earn a passing score on the end-of-course
  746  assessment in geometry in order to pass the course and earn
  747  course credit. Beginning with the 2013-2014 school year, all
  748  students enrolled in Algebra II or an equivalent course must
  749  take the Algebra II end-of-course assessment. For students
  750  entering grade 9 in the 2013-2014 school year, each student’s
  751  performance on the end-of-course assessment in Algebra II shall
  752  constitute 30 percent of the student’s final course grade.
  753  Beginning with students entering grade 9 in the 2014-2015 school
  754  year, a student must earn a passing score on the end-of-course
  755  assessment in Algebra II in order to pass the course and earn
  756  course credit.
  757         (II)Statewide, standardized end-of-course assessments in
  758  science shall be administered according to this sub-sub
  759  subparagraph. Beginning with the 2011-2012 school year, all
  760  students enrolled in Biology I or an equivalent course must take
  761  the Biology I end-of-course assessment. For the 2011-2012 school
  762  year, each student’s performance on the end-of-course assessment
  763  in Biology I shall constitute 30 percent of the student’s final
  764  course grade. Beginning with students entering grade 9 during
  765  the 2012-2013 school year, a student must earn a passing score
  766  on the end-of-course assessment in Biology I in order to pass
  767  the course and earn course credit. Beginning with the 2013-2014
  768  school year, all students enrolled in chemistry or physics or an
  769  equivalent course must take the chemistry or physics end-of
  770  course assessment. For students entering grade 9 in the 2013
  771  2014 school year, each student’s performance on the end-of
  772  course assessment in chemistry or physics shall constitute 30
  773  percent of the student’s final course grade. Beginning with
  774  students entering grade 9 during the 2014-2015 school year, a
  775  student must earn a passing score on the end-of-course
  776  assessment in chemistry or physics in order to pass the course
  777  and earn course credit.
  778         b. The commissioner may select one or more nationally
  779  developed comprehensive examinations, which may include, but
  780  need not be limited to, examinations for a College Board
  781  Advanced Placement course, International Baccalaureate course,
  782  or Advanced International Certificate of Education course, or
  783  industry-approved examinations to earn national industry
  784  certifications identified in the Industry Certified Funding
  785  List, pursuant to rules adopted by the State Board of Education
  786  as defined in s. 1003.492, for use as end-of-course assessments
  787  under this paragraph, if the commissioner determines that the
  788  content knowledge and skills assessed by the examinations meet
  789  or exceed the grade level expectations for the core curricular
  790  content established for the course in the Next Generation
  791  Sunshine State Standards. The commissioner may collaborate with
  792  the American Diploma Project in the adoption or development of
  793  rigorous end-of-course assessments that are aligned to the Next
  794  Generation Sunshine State Standards. The testing program must be
  795  designed as follows:
  796         c.Contingent upon funding provided in the General
  797  Appropriations Act, including the appropriation of funds
  798  received through federal grants, the Commissioner of Education
  799  shall establish an implementation schedule for the development
  800  and administration of additional statewide, standardized end-of
  801  course assessments in English/Language Arts II, earth/space
  802  science, United States history, and world history. Priority
  803  shall be given to the development of end-of-course assessments
  804  in English/Language Arts II. The Commissioner of Education shall
  805  evaluate the feasibility and effect of transitioning from the
  806  grade 9 and grade 10 FCAT Reading and high school level FCAT
  807  Writing to an end-of-course assessment in English/Language Arts
  808  II. The commissioner shall report the results of the evaluation
  809  to the President of the Senate and the Speaker of the House of
  810  Representatives no later than July 1, 2011.
  811         3.1. The testing program tests shall measure student
  812  content knowledge and skills and competencies adopted by the
  813  State Board of Education as specified in paragraph (a) and. The
  814  tests must measure and report student performance proficiency
  815  levels of all students assessed in reading, writing,
  816  mathematics, and science. The commissioner shall provide for the
  817  tests to be developed or obtained, as appropriate, through
  818  contracts and project agreements with private vendors, public
  819  vendors, public agencies, postsecondary educational
  820  institutions, or school districts. The commissioner shall obtain
  821  input with respect to the design and implementation of the
  822  testing program from state educators, assistive technology
  823  experts, and the public.
  824         4.2. The testing program shall be composed of criterion
  825  referenced tests that shall, to the extent determined by the
  826  commissioner, include test items that require the student to
  827  produce information or perform tasks in such a way that the core
  828  content knowledge and skills he or she uses can be measured.
  829         3.Beginning with the 2008-2009 school year, the
  830  commissioner shall discontinue administration of the selected
  831  response test items on the comprehensive assessments of writing.
  832  Beginning with the 2012-2013 school year, the comprehensive
  833  assessments of writing shall be composed of a combination of
  834  selected-response test items, short-response performance tasks,
  835  and extended-response performance tasks, which shall measure a
  836  student’s content knowledge of writing, including, but not
  837  limited to, paragraph and sentence structure, sentence
  838  construction, grammar and usage, punctuation, capitalization,
  839  spelling, parts of speech, verb tense, irregular verbs, subject
  840  verb agreement, and noun-pronoun agreement.
  841         5. FCAT Reading, Mathematics, and Science and all
  842  statewide, standardized end-of-course assessments shall measure
  843  the content knowledge and skills a student has attained on the
  844  assessment by the use of scaled scores and achievement levels.
  845  Achievement levels shall range from 1 through 5, with level 1
  846  being the lowest achievement level, level 5 being the highest
  847  achievement level, and level 3 indicating satisfactory
  848  performance on an assessment. For purposes of FCAT Writing,
  849  student achievement shall be scored using a scale of 1 through 6
  850  and the score earned shall be used in calculating school grades.
  851         4. A score shall be designated for each subject area
  852  tested, below which score a student’s performance is deemed
  853  inadequate. The school districts shall provide appropriate
  854  remedial instruction to students who score below these levels.
  855         6.5.Except as provided in s. 1003.428(8)(b) or s.
  856  1003.43(11)(b), students must earn a passing score on the grade
  857  10 assessment test described in this paragraph or attain
  858  concordant scores as described in subsection (10) in reading,
  859  writing, and mathematics to qualify for a standard high school
  860  diploma. The State Board of Education shall, by rule, designate
  861  a passing score for each part of the grade 10 assessment test
  862  and end-of-course assessments. In establishing passing scores,
  863  the state board shall consider any possible negative impact of
  864  the test on minority students. The State Board of Education
  865  shall adopt rules which specify the passing scores for the grade
  866  10 FCAT. Any rule that has such rules, which have the effect of
  867  raising the required passing scores may, shall apply only to
  868  students taking the assessment grade 10 FCAT for the first time
  869  after the rule is such rules are adopted by the State Board of
  870  Education. Except as otherwise provided in this subparagraph and
  871  as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
  872  must earn a passing score on grade 10 FCAT Reading and grade 10
  873  FCAT Mathematics or attain concordant scores as described in
  874  subsection (10) in order to qualify for a standard high school
  875  diploma.
  876         7.In addition to designating a passing score under
  877  subparagraph 6., the State Board of Education shall also
  878  designate, by rule, a score for each statewide, standardized
  879  end-of-course assessment which indicates that a student is high
  880  achieving and has the potential to meet college-readiness
  881  standards by the time the student graduates from high school.
  882         8.6. Participation in the testing program is mandatory for
  883  all students attending public school, including students served
  884  in Department of Juvenile Justice programs, except as otherwise
  885  prescribed by the commissioner. A student who has not earned
  886  passing scores on the grade 10 FCAT as provided in subparagraph
  887  6. must participate in each retake of the assessment until the
  888  student earns passing scores or achieves scores on a
  889  standardized assessment which are concordant with passing scores
  890  pursuant to subsection (10). If a student does not participate
  891  in the statewide assessment, the district must notify the
  892  student’s parent and provide the parent with information
  893  regarding the implications of such nonparticipation. A parent
  894  must provide signed consent for a student to receive classroom
  895  instructional accommodations that would not be available or
  896  permitted on the statewide assessments and must acknowledge in
  897  writing that he or she understands the implications of such
  898  instructional accommodations. The State Board of Education shall
  899  adopt rules, based upon recommendations of the commissioner, for
  900  the provision of test accommodations for students in exceptional
  901  education programs and for students who have limited English
  902  proficiency. Accommodations that negate the validity of a
  903  statewide assessment are not allowable in the administration of
  904  the FCAT or an end-of-course assessment. However, instructional
  905  accommodations are allowable in the classroom if included in a
  906  student’s individual education plan. Students using
  907  instructional accommodations in the classroom that are not
  908  allowable as accommodations on the FCAT or an end-of-course
  909  assessment may have the FCAT or an end-of-course assessment
  910  requirement waived pursuant to the requirements of s.
  911  1003.428(8)(b) or s. 1003.43(11)(b).
  912         9.7. A student seeking an adult high school diploma must
  913  meet the same testing requirements that a regular high school
  914  student must meet.
  915         10.8. District school boards must provide instruction to
  916  prepare students to demonstrate proficiency in the core
  917  curricular content established in the Next Generation Sunshine
  918  State Standards adopted under s. 1003.41, including the core
  919  content knowledge and skills necessary for successful grade-to
  920  grade progression and high school graduation. If a student is
  921  provided with instructional accommodations in the classroom that
  922  are not allowable as accommodations in the statewide assessment
  923  program, as described in the test manuals, the district must
  924  inform the parent in writing and must provide the parent with
  925  information regarding the impact on the student’s ability to
  926  meet expected performance proficiency levels in reading,
  927  writing, and mathematics, and science. The commissioner shall
  928  conduct studies as necessary to verify that the required core
  929  curricular content is part of the district instructional
  930  programs.
  931         11.9. District school boards must provide opportunities for
  932  students to demonstrate an acceptable performance level of
  933  performance on an alternative standardized assessment approved
  934  by the State Board of Education following enrollment in summer
  935  academies.
  936         12.10. The Department of Education must develop, or select,
  937  and implement a common battery of assessment tools that will be
  938  used in all juvenile justice programs in the state. These tools
  939  must accurately measure the core curricular content established
  940  in the Next Generation Sunshine State Standards.
  941         13.11. For students seeking a special diploma pursuant to
  942  s. 1003.438, the Department of Education must develop or select
  943  and implement an alternate assessment tool that accurately
  944  measures the core curricular content established in the Next
  945  Generation Sunshine State Standards for students with
  946  disabilities under s. 1003.438.
  947         14.12. The Commissioner of Education shall establish
  948  schedules for the administration of statewide assessments and
  949  the reporting of student test results. The commissioner shall,
  950  by August 1 of each year, notify each school district in writing
  951  and publish on the department’s Internet website the testing and
  952  reporting schedules for, at a minimum, the school year following
  953  the upcoming school year. The testing and reporting schedules
  954  shall require that:
  955         a. There is the latest possible administration of statewide
  956  assessments and the earliest possible reporting to the school
  957  districts of student test results which is feasible within
  958  available technology and specific appropriations; however, test
  959  results for the FCAT must be made available no later than the
  960  week of June 8. Student results for end-of-course assessments
  961  must be provided no later than 1 week after the school district
  962  completes testing for each course final day of the regular
  963  school year for students.
  964         b. Beginning with the 2010-2011 school year, FCAT Writing a
  965  comprehensive statewide assessment of writing is not
  966  administered earlier than the week of March 1 and a
  967  comprehensive statewide assessment of any other subject is not
  968  administered earlier than the week of April 15.
  969         c. A statewide, standardized end-of-course assessment is
  970  administered during a 3-week period at the end within the last 2
  971  weeks of the course. The commissioner shall select a 3-week
  972  administration period for assessments that meets the intent of
  973  end-of-course assessments and provides student results prior to
  974  the end of the course. School districts shall select one testing
  975  week within the 3-week administration period for each end-of
  976  course assessment. For an end-of-course assessment administered
  977  at the end of the first semester, the commissioner shall
  978  determine the most appropriate testing dates based on a school
  979  district’s academic calendar.
  980  
  981  The commissioner may, based on collaboration and input from
  982  school districts, design and implement student testing programs,
  983  for any grade level and subject area, necessary to effectively
  984  monitor educational achievement in the state, including the
  985  measurement of educational achievement of the Next Generation
  986  Sunshine State Standards for students with disabilities.
  987  Development and refinement of assessments shall include
  988  universal design principles and accessibility standards that
  989  will prevent any unintended obstacles for students with
  990  disabilities while ensuring the validity and reliability of the
  991  test. These principles should be applicable to all technology
  992  platforms and assistive devices available for the assessments.
  993  The field testing process and psychometric analyses for the
  994  statewide assessment program must include an appropriate
  995  percentage of students with disabilities and an evaluation or
  996  determination of the effect of test items on such students.
  997         (6) SCHOOL TESTING PROGRAMS.—Each public school shall
  998  participate in the statewide assessment program in accordance
  999  with the testing and reporting schedules published by the
 1000  Commissioner of Education under subparagraph (3)(c)14.12. unless
 1001  specifically exempted by state board rule based on serving a
 1002  specialized population for which standardized testing is not
 1003  appropriate. Student performance data shall be analyzed and
 1004  reported to parents, the community, and the state. Student
 1005  performance data shall be used in developing objectives of the
 1006  school improvement plan, evaluation of instructional personnel,
 1007  evaluation of administrative personnel, assignment of staff,
 1008  allocation of resources, acquisition of instructional materials
 1009  and technology, performance-based budgeting, and promotion and
 1010  assignment of students into educational programs. The analysis
 1011  of student performance data also must identify strengths and
 1012  needs in the educational program and trends over time. The
 1013  analysis must be used in conjunction with the budgetary planning
 1014  processes developed pursuant to s. 1008.385 and the development
 1015  of the programs of remediation.
 1016         (9) APPLICABILITY OF TESTING STANDARDS.—
 1017         (a) If the Commissioner of Education revises a statewide
 1018  assessment and the revisions require the State Board of
 1019  Education to modify the assessment’s performance proficiency
 1020  levels or modify the passing scores required for a standard high
 1021  school diploma, until the state board adopts the modifications
 1022  by rule, the commissioner shall use calculations for scoring the
 1023  assessment which adjust student scores on the revised assessment
 1024  for statistical equivalence to student scores on the former
 1025  assessment.
 1026         (b) A student must attain the passing scores on the
 1027  statewide assessment required for a standard high school diploma
 1028  or for high school course credits under sub-sub-subparagraphs
 1029  (3)(c)2.a.(I) and (II) which are in effect at the time the
 1030  student enters grade 9. If a student transfers into a high
 1031  school, the school principal shall determine, in accordance with
 1032  State Board of Education rule, whether the student must take an
 1033  end-of-course assessment in a course for which the student has
 1034  credit that was earned from the previous school if the student’s
 1035  enrollment is continuous.
 1036         (c) If the commissioner revises a statewide assessment and
 1037  the revisions require the State Board of Education to modify the
 1038  passing scores required for a standard high school diploma or
 1039  for high school course credits under sub-sub-subparagraphs
 1040  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
 1041  the state board, discontinue administration of the former
 1042  assessment upon the graduation, based on normal student
 1043  progression, of students participating in the final regular
 1044  administration of the former assessment. The state board shall
 1045  adopt by rule passing scores for the revised assessment which
 1046  are statistically equivalent to passing scores on the
 1047  discontinued assessment for a student required under paragraph
 1048  (b) to attain passing scores on the discontinued assessment.
 1049         (10) CONCORDANT SCORES FOR THE FCAT.—
 1050         (a) The Commissioner State Board of Education shall analyze
 1051  the content and concordant data sets for nationally recognized
 1052  widely used high school achievement tests, including, but not
 1053  limited to, the PSAT, PLAN, SAT, ACT, and College Placement
 1054  Test, to assess if concordant scores for FCAT scores can be
 1055  determined for high school graduation, college placement, and
 1056  scholarship awards. When In cases where content alignment and
 1057  concordant scores can be determined, the Commissioner of
 1058  Education shall adopt those scores as meeting the graduation
 1059  requirement in lieu of achieving the FCAT passing score and may
 1060  adopt those scores as being sufficient to achieve additional
 1061  purposes as determined by rule. Each time that test content or
 1062  scoring procedures change for the FCAT or for a high school
 1063  achievement test for which a concordant score is determined, new
 1064  concordant scores must be determined.
 1065         (b)In order to use a concordant subject area score
 1066  pursuant to this subsection to satisfy the assessment
 1067  requirement for a standard high school diploma as provided in s.
 1068  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
 1069  take each subject area of the grade 10 FCAT a total of three
 1070  times without earning a passing score. The requirements of this
 1071  paragraph shall not apply to a new student who enters the
 1072  Florida public school system in grade 12, who may either achieve
 1073  a passing score on the FCAT or use an approved subject area
 1074  concordant score to fulfill the graduation requirement.
 1075         (b)(c) The State Board of Education may define by rule the
 1076  allowable uses, other than to satisfy the high school graduation
 1077  requirement, for concordant scores as described in this
 1078  subsection. Such uses may include, but need not be limited to,
 1079  achieving appropriate standardized test scores required for the
 1080  awarding of Florida Bright Futures Scholarships and college
 1081  placement.
 1082         (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1083         (a)The Commissioner of Education shall analyze the content
 1084  and equivalent data sets for nationally recognized high school
 1085  achievement tests, including, but not limited to, grade 10 FCAT
 1086  Mathematics retakes until such retakes are discontinued pursuant
 1087  to subsection (9), the PSAT, the PLAN, the SAT, the ACT, and the
 1088  College Placement Test, to assess if equivalent scores for end
 1089  of-course assessment scores can be determined for passage of an
 1090  end-of-course assessment. When content alignment and equivalent
 1091  scores can be determined, the Commissioner of Education shall
 1092  adopt those scores as meeting the requirement to pass the end
 1093  of-course assessment and as being sufficient to achieve
 1094  additional purposes as determined by rule. Each time that
 1095  assessment content or scoring procedures change for an end-of
 1096  course assessment or for a high school achievement test for
 1097  which an equivalent score is determined, new equivalent scores
 1098  must be determined.
 1099         (b)Use of an equivalent score adopted by the State Board
 1100  of Education under paragraph (a) for purposes of grade
 1101  adjustment, grade forgiveness, or course credit recovery is
 1102  contingent upon and subject to district school board rules.
 1103         (12)(11) REPORTS.—The Department of Education shall
 1104  annually provide a report to the Governor, the President of the
 1105  Senate, and the Speaker of the House of Representatives on the
 1106  following:
 1107         (a) Longitudinal performance of students in mathematics and
 1108  reading.
 1109         (b) Longitudinal performance of students by grade level in
 1110  mathematics and reading.
 1111         (c) Longitudinal performance regarding efforts to close the
 1112  achievement gap.
 1113         (d) Other student performance data based on national norm
 1114  referenced and criterion-referenced tests, when available, and
 1115  numbers of students who after 8th grade enroll in adult
 1116  education rather than other secondary education.
 1117         (13)(12) RULES.—The State Board of Education shall adopt
 1118  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1119  provisions of this section.
 1120         Section 9. Paragraph (a) of subsection (4) of section
 1121  1008.25, Florida Statutes, is amended to read:
 1122         1008.25 Public school student progression; remedial
 1123  instruction; reporting requirements.—
 1124         (4) ASSESSMENT AND REMEDIATION.—
 1125         (a) Each student must participate in the statewide
 1126  assessment tests required by s. 1008.22. Each student who does
 1127  not meet specific levels of performance as determined by the
 1128  district school board in FCAT reading, writing, science, and
 1129  mathematics for each grade level, or who scores below Level 3 in
 1130  FCAT reading or FCAT mathematics math, must be provided with
 1131  additional diagnostic assessments to determine the nature of the
 1132  student’s difficulty, the areas of academic need, and strategies
 1133  for appropriate intervention and instruction as described in
 1134  paragraph (b).
 1135         Section 10. Subsection (3) of section 1008.30, Florida
 1136  Statutes, is amended to read:
 1137         1008.30 Common placement testing for public postsecondary
 1138  education.—
 1139         (3) The State Board of Education shall adopt rules that
 1140  require high schools to evaluate before the beginning of grade
 1141  12 the college readiness of each student who indicates an
 1142  interest in postsecondary education and scores at Level 2 or
 1143  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1144  Level 3, or Level 4 on the mathematics assessments under s.
 1145  1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
 1146  perform this evaluation using results from the corresponding
 1147  component of the common placement test prescribed in this
 1148  section, or an equivalent test identified by the State Board of
 1149  Education. The Department of Education shall purchase or develop
 1150  the assessments necessary to perform the evaluations required by
 1151  this subsection and shall work with the school districts to
 1152  administer the assessments. The State Board of Education shall
 1153  establish by rule the minimum test scores a student must achieve
 1154  to demonstrate readiness. Students who demonstrate readiness by
 1155  achieving the minimum test scores established by the state board
 1156  and enroll in a community college within 2 years of achieving
 1157  such scores shall not be required to enroll in remediation
 1158  courses as a condition of acceptance to any community college.
 1159  The high school shall use the results of the test to advise the
 1160  students of any identified deficiencies and to the maximum
 1161  extent practicable provide 12th grade students access to
 1162  appropriate remedial instruction prior to high school
 1163  graduation. The remedial instruction provided under this
 1164  subsection shall be a collaborative effort between secondary and
 1165  postsecondary educational institutions. To the extent courses
 1166  are available, the Florida Virtual School may be used to provide
 1167  the remedial instruction required by this subsection.
 1168         Section 11. Paragraphs (b) and (c) of subsection (3) of
 1169  section 1008.34, Florida Statutes, are amended to read:
 1170         1008.34 School grading system; school report cards;
 1171  district grade.—
 1172         (3) DESIGNATION OF SCHOOL GRADES.—
 1173         (b)1. A school’s grade shall be based on a combination of:
 1174         a. Student achievement scores, including achievement on all
 1175  FCAT and end-of-course assessments administered under s.
 1176  1008.22(3)(c)1., end-of-course assessments administered under s.
 1177  1008.22(3)(c)2.a., and achievement scores for students seeking a
 1178  special diploma.
 1179         b. Student learning gains in reading and mathematics as
 1180  measured by annual FCAT and end-of-course assessments, as
 1181  described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
 1182  Learning gains for students seeking a special diploma, as
 1183  measured by an alternate assessment tool, shall be included not
 1184  later than the 2009-2010 school year.
 1185         c. Improvement of the lowest 25th percentile of students in
 1186  the school in reading and, mathematics, or writing on the FCAT
 1187  or end-of-course assessments described in s. 1008.22(3)(c)2.a.,
 1188  unless these students are exhibiting satisfactory performance.
 1189         2. Beginning with the 2009-2010 school year for schools
 1190  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1191  11, and 12, 50 percent of the school grade shall be based on a
 1192  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1193  and the remaining 50 percent on the following factors:
 1194         a. The high school graduation rate of the school;
 1195         b. As valid data becomes available, the performance and
 1196  participation of the school’s students in College Board Advanced
 1197  Placement courses, International Baccalaureate courses, dual
 1198  enrollment courses, and Advanced International Certificate of
 1199  Education courses; and the students’ achievement of national
 1200  industry certification identified in the Industry Certified
 1201  Funding List, pursuant to rules adopted by the State Board of
 1202  Education, as determined by the Agency for Workforce Innovation
 1203  under s. 1003.492(2) in a career and professional academy, as
 1204  described in s. 1003.493;
 1205         c. Postsecondary readiness of the school’s students as
 1206  measured by the SAT, ACT, or the common placement test;
 1207         d. The high school graduation rate of at-risk students who
 1208  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1209  Mathematics examinations;
 1210         e. As valid data becomes available, the performance of the
 1211  school’s students on statewide standardized end-of-course
 1212  assessments administered under s. 1008.22 and standardized end
 1213  of-course assessments administered under s. 1008.22(3)(c)2.b.
 1214  and c.; and
 1215         f. The growth or decline in the components listed in sub
 1216  subparagraphs a.-e. from year to year.
 1217         (c) Student assessment data used in determining school
 1218  grades shall include:
 1219         1. The aggregate scores of all eligible students enrolled
 1220  in the school who have been assessed on the FCAT and statewide,
 1221  standardized end-of-course assessments in courses required for
 1222  high school graduation, including, beginning with the 2010-2011
 1223  school year, the end-of-course assessments in Algebra I and
 1224  geometry, beginning with the 2011-2012 school year, the end-of
 1225  course assessment in Biology, and beginning with the 2013-2014
 1226  school year, end-of-course assessments in Algebra II, chemistry,
 1227  and physics.
 1228         2. The aggregate scores of all eligible students enrolled
 1229  in the school who have been assessed on the FCAT and end-of
 1230  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1231  have scored at or in the lowest 25th percentile of students in
 1232  the school in reading and, mathematics, or writing, unless these
 1233  students are exhibiting satisfactory performance.
 1234         3. Effective with the 2005-2006 school year, The
 1235  achievement scores and learning gains of eligible students
 1236  attending alternative schools that provide dropout prevention
 1237  and academic intervention services pursuant to s. 1003.53. The
 1238  term “eligible students” in this subparagraph does not include
 1239  students attending an alternative school who are subject to
 1240  district school board policies for expulsion for repeated or
 1241  serious offenses, who are in dropout retrieval programs serving
 1242  students who have officially been designated as dropouts, or who
 1243  are in programs operated or contracted by the Department of
 1244  Juvenile Justice. The student performance data for eligible
 1245  students identified in this subparagraph shall be included in
 1246  the calculation of the home school’s grade. As used in this
 1247  section and s. 1008.341, the term “home school” means the school
 1248  to which the student would be assigned if the student were not
 1249  assigned to an alternative school. If an alternative school
 1250  chooses to be graded under this section, student performance
 1251  data for eligible students identified in this subparagraph shall
 1252  not be included in the home school’s grade but shall be included
 1253  only in the calculation of the alternative school’s grade. A
 1254  school district that fails to assign the FCAT and end-of-course
 1255  assessment as described in s. 1008.22(3)(c)2.a. scores of each
 1256  of its students to his or her home school or to the alternative
 1257  school that receives a grade shall forfeit Florida School
 1258  Recognition Program funds for 1 fiscal year. School districts
 1259  must require collaboration between the home school and the
 1260  alternative school in order to promote student success. This
 1261  collaboration must include an annual discussion between the
 1262  principal of the alternative school and the principal of each
 1263  student’s home school concerning the most appropriate school
 1264  assignment of the student.
 1265         4. Beginning with the 2009-2010 school year For schools
 1266  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1267  11, and 12, the data listed in subparagraphs 1.-3. and the
 1268  following data as the Department of Education determines such
 1269  data are valid and available:
 1270         a. The high school graduation rate of the school as
 1271  calculated by the Department of Education;
 1272         b. The participation rate of all eligible students enrolled
 1273  in the school and enrolled in College Board Advanced Placement
 1274  courses; International Baccalaureate courses; dual enrollment
 1275  courses; Advanced International Certificate of Education
 1276  courses; and courses or sequence of courses leading to national
 1277  industry certification identified in the Industry Certification
 1278  Funding List, pursuant to rules adopted by the State Board of
 1279  Education, as determined by the Agency for Workforce Innovation
 1280  under s. 1003.492(2) in a career and professional academy, as
 1281  described in s. 1003.493;
 1282         c. The aggregate scores of all eligible students enrolled
 1283  in the school in College Board Advanced Placement courses,
 1284  International Baccalaureate courses, and Advanced International
 1285  Certificate of Education courses;
 1286         d. Earning of college credit by all eligible students
 1287  enrolled in the school in dual enrollment programs under s.
 1288  1007.271;
 1289         e. Earning of a national an industry certification
 1290  identified in the Industry Certification Funding List, pursuant
 1291  to rules adopted by the State Board of Education, as determined
 1292  by the Agency for Workforce Innovation under s. 1003.492(2) in a
 1293  career and professional academy, as described in s. 1003.493;
 1294         f. The aggregate scores of all eligible students enrolled
 1295  in the school in reading, mathematics, and other subjects as
 1296  measured by the SAT, the ACT, and the common placement test for
 1297  postsecondary readiness;
 1298         g. The high school graduation rate of all eligible at-risk
 1299  students enrolled in the school who scored at Level 2 or lower
 1300  on the grade 8 FCAT Reading and Mathematics examinations;
 1301         h. The performance of the school’s students on statewide
 1302  standardized end-of-course assessments administered under s.
 1303  1008.22; and
 1304         i. The growth or decline in the data components listed in
 1305  sub-subparagraphs a.-h. from year to year.
 1306  
 1307  The State Board of Education shall adopt appropriate criteria
 1308  for each school grade. The criteria must also give added weight
 1309  to student achievement in reading. Schools designated with a
 1310  grade of “C,” making satisfactory progress, shall be required to
 1311  demonstrate that adequate progress has been made by students in
 1312  the school who are in the lowest 25th percentile in reading and,
 1313  mathematics, or writing on the FCAT and end-of-course
 1314  assessments as described in s. 1008.22(3)(c)2.a., unless these
 1315  students are exhibiting satisfactory performance. Beginning with
 1316  the 2009-2010 school year for schools comprised of high school
 1317  grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
 1318  for school grades must also give added weight to the graduation
 1319  rate of all eligible at-risk students, as defined in this
 1320  paragraph. Beginning in the 2009-2010 school year, in order for
 1321  a high school to be designated as having a grade of “A,” making
 1322  excellent progress, the school must demonstrate that at-risk
 1323  students, as defined in this paragraph, in the school are making
 1324  adequate progress.
 1325         Section 12. Subsection (3) of section 1008.341, Florida
 1326  Statutes, is amended to read:
 1327         1008.341 School improvement rating for alternative
 1328  schools.—
 1329         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1330  used in determining an alternative school’s school improvement
 1331  rating shall include:
 1332         (a) The aggregate scores on statewide assessments
 1333  administered under s. 1008.22 for of all eligible students who
 1334  were assigned to and enrolled in the school during the October
 1335  or February FTE count, who have been assessed on the FCAT, and
 1336  who have FCAT or comparable scores for the preceding school
 1337  year.
 1338         (b) The aggregate scores on statewide assessments
 1339  administered under s. 1008.22 for of all eligible students who
 1340  were assigned to and enrolled in the school during the October
 1341  or February FTE count, who have been assessed on the FCAT and
 1342  who have scored in the lowest 25th percentile of students in the
 1343  state on FCAT Reading.
 1344  
 1345  The assessment scores of students who are subject to district
 1346  school board policies for expulsion for repeated or serious
 1347  offenses, who are in dropout retrieval programs serving students
 1348  who have officially been designated as dropouts, or who are in
 1349  programs operated or contracted by the Department of Juvenile
 1350  Justice may not be included in an alternative school’s school
 1351  improvement rating.
 1352         Section 13. Subsection (4) of section 1008.36, Florida
 1353  Statutes, is amended to read:
 1354         1008.36 Florida School Recognition Program.—
 1355         (4) All selected schools shall receive financial awards
 1356  depending on the availability of funds appropriated and the
 1357  number and size of schools selected to receive an award. Funds
 1358  must be distributed to the school’s fiscal agent and placed in
 1359  the school’s account and must be used for purposes listed in
 1360  subsection (5) as determined jointly by the school’s staff and
 1361  school advisory council. If school staff and the school advisory
 1362  council cannot reach agreement by February November 1, the
 1363  awards must be equally distributed to all classroom teachers
 1364  currently teaching in the school. If a school selected to
 1365  receive a school recognition award is no longer in existence at
 1366  the time the award is paid, the district school superintendent
 1367  shall distribute the funds to teachers who taught at the school
 1368  in the previous year in the form of a bonus.
 1369  
 1370  Notwithstanding statutory provisions to the contrary, incentive
 1371  awards are not subject to collective bargaining.
 1372         Section 14. This act shall take effect July 1, 2010.

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