January 22, 2018
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       Florida Senate - 2010                                CS for SB 4
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Detert,
       Thrasher, Wise, Gaetz, Richter, Storms, Peaden, Fasano, Negron,
       and Altman
       
       
       581-02791-10                                             20104c1
    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 a virtual
   21         instruction course; providing a definition for the
   22         term “virtual instruction course”; requiring district
   23         school board standards for grades in certain courses;
   24         providing for waiver of end-of-course assessment
   25         results for the purpose of receiving a course grade
   26         and credit for students with disabilities; amending s.
   27         1003.429, F.S.; revising requirements for accelerated
   28         high school graduation options; updating cross
   29         references; requiring students entering grade 9 in
   30         specified school years to meet end-of-course
   31         assessment requirements and revised credit
   32         requirements in mathematics and science for high
   33         school graduation; requiring credit in a virtual
   34         instruction course; providing a definition for the
   35         term “virtual instruction course”; requiring district
   36         school board standards for grades in certain courses;
   37         creating s. 1003.4295, F.S.; requiring high schools to
   38         advise students of, and offer, acceleration courses;
   39         creating the Credit Acceleration Program; amending s.
   40         1003.493, F.S., relating to career and professional
   41         academies, to conform to changes made by the act;
   42         amending s. 1007.35, F.S., relating to the Florida
   43         Partnership for Minority and Underrepresented Student
   44         Achievement, to conform to changes made by the act;
   45         amending s. 1008.22, F.S.; revising the statewide
   46         student achievement testing program; requiring end-of
   47         course assessments in mathematics and science to
   48         replace FCAT Mathematics and FCAT Science beginning
   49         with students entering grade 9 in specified school
   50         years; providing requirements for the administration
   51         of, and student performance on, statewide,
   52         standardized end-of-course assessments in mathematics
   53         and science; providing for establishment of an
   54         implementation schedule to develop and administer end
   55         of-course assessments in certain courses; requiring
   56         evaluation and reporting of the transition to
   57         specified end-of-course assessments; requiring the use
   58         of scaled scores and student achievement levels for
   59         describing student success on assessments; requiring
   60         the State Board of Education to designate passing
   61         scores for end-of-course assessments and scores that
   62         indicate high achievement; providing requirements for
   63         retaking specified assessments; providing for waiver
   64         of end-of-course assessment requirements for students
   65         in exceptional education programs and students who
   66         have limited English proficiency; revising provisions
   67         relating to testing and reporting schedules; requiring
   68         that the Commissioner of Education consider the
   69         observance of religious and school holidays when
   70         establishing the schedules for the administration of
   71         statewide assessments; conforming provisions and
   72         cross-references; authorizing the State Board of
   73         Education to adopt concordant scores for the FCAT and
   74         equivalent scores for end-of-course assessments;
   75         deleting retake requirements for use of concordant
   76         scores; providing requirements for use of equivalent
   77         scores; amending s. 1008.25, F.S., relating to public
   78         school student progression, to conform to changes made
   79         by the act; amending s. 1008.30, F.S., relating to the
   80         common placement test, to conform to changes made by
   81         the act; amending s. 1008.34, F.S.; revising
   82         provisions that specify the basis for determining
   83         school grades to include student performance on end
   84         of-course assessments and to conform provisions to
   85         current FCAT assessments; amending s. 1008.341, F.S.;
   86         revising provisions that specify the basis for
   87         determining an alternative school’s school improvement
   88         rating to include student performance on end-of-course
   89         assessments; amending s. 1008.36, F.S.; revising
   90         provisions relating to the use of school recognition
   91         awards; providing an effective date.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Paragraph (d) of subsection (3) and subsections
   96  (4) and (5) of section 1003.413, Florida Statutes, are amended
   97  to read:
   98         1003.413 Florida Secondary School Redesign Act.—
   99         (3) Based on these guiding principles, district school
  100  boards shall establish policies to implement the requirements of
  101  ss. 1003.4156, 1003.428, and 1003.493. The policies must
  102  address:
  103         (d) Credit recovery courses and intensive reading and
  104  mathematics intervention courses based on student performance on
  105  the FCAT Reading and Mathematics. These courses should be
  106  competency based and offered through innovative delivery
  107  systems, including computer-assisted instruction. School
  108  districts should use learning gains as well as other appropriate
  109  data and provide incentives to identify and reward high
  110  performing teachers who teach credit recovery and intensive
  111  intervention courses.
  112         (4) In order to support the successful implementation of
  113  this section by district school boards, the Department of
  114  Education shall:
  115         (a)By February 1, 2007, increase the number of approved
  116  applied, integrated, and combined courses available to school
  117  districts.
  118         (b)By the beginning of the 2006-2007 school year, make
  119  available a professional development package designed to provide
  120  the information that content area teachers need to become
  121  proficient in applying scientifically based reading strategies
  122  through their content areas.
  123         (a)(c) Share best practices for providing a complete
  124  education program to students enrolled in course recovery,
  125  credit recovery, intensive reading intervention, or intensive
  126  mathematics intervention.
  127         (b)(d) Expedite assistance and decisions and coordinate
  128  policies throughout all divisions within the department to
  129  provide school districts with support to implement this section.
  130         (e)Use data to provide the Legislature with an annual
  131  longitudinal analysis of the success of this reform effort,
  132  including the progress of 6th grade students and 9th grade
  133  students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
  134         (5)The Commissioner of Education shall create and
  135  implement the Secondary School Improvement Award Program to
  136  reward public secondary schools that demonstrate continuous
  137  student academic improvement and show the greatest gains in
  138  student academic achievement in reading and mathematics.
  139         Section 2. Paragraph (a) of subsection (1) of section
  140  1003.4156, Florida Statutes, is amended to read:
  141         1003.4156 General requirements for middle grades
  142  promotion.—
  143         (1) Beginning with students entering grade 6 in the 2006
  144  2007 school year, promotion from a school composed of middle
  145  grades 6, 7, and 8 requires that:
  146         (a) The student must successfully complete academic courses
  147  as follows:
  148         1. Three middle school or higher courses in English. These
  149  courses shall emphasize literature, composition, and technical
  150  text.
  151         2. Three middle school or higher courses in mathematics.
  152  Each middle school must offer at least one high school level
  153  mathematics course for which students may earn high school
  154  credit. Successful completion of a high school level Algebra I
  155  or geometry course is not contingent upon the student’s
  156  performance on the end-of-course assessment required under s.
  157  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  158  school year, to earn high school credit for an Algebra I course,
  159  a middle school student must pass the Algebra I end-of-course
  160  assessment, and beginning with the 2012-2013 school year, to
  161  earn high school credit for a geometry course, a middle school
  162  student must pass the geometry end-of-course assessment.
  163         3. Three middle school or higher courses in social studies,
  164  one semester of which must include the study of state and
  165  federal government and civics education.
  166         4. Three middle school or higher courses in science.
  167  Successful completion of a high school level Biology I course is
  168  not contingent upon the student’s performance on the end-of
  169  course assessment required under s. 1008.22(3)(c)2.a.(II).
  170  However, beginning with the 2012-2013 school year, to earn high
  171  school credit for a Biology I course, a middle school student
  172  must pass the Biology I end-of-course assessment.
  173         5. One course in career and education planning to be
  174  completed in 7th or 8th grade. The course may be taught by any
  175  member of the instructional staff; must include career
  176  exploration using Florida CHOICES for the 21st Century or a
  177  comparable cost-effective program; must include educational
  178  planning using the online student advising system known as
  179  Florida Academic Counseling and Tracking for Students at the
  180  Internet website FACTS.org; and shall result in the completion
  181  of a personalized academic and career plan. The required
  182  personalized academic and career plan must inform students of
  183  high school graduation requirements, high school assessment and
  184  college entrance test requirements, Florida Bright Futures
  185  Scholarship Program requirements, state university and Florida
  186  college admission requirements, and programs through which a
  187  high school student can earn college credit, including Advanced
  188  Placement, International Baccalaureate, Advanced International
  189  Certificate of Education, dual enrollment, career academy
  190  opportunities, and courses that lead to national industry
  191  certification.
  192  
  193  Each school must hold a parent meeting either in the evening or
  194  on a weekend to inform parents about the course curriculum and
  195  activities. Each student shall complete an electronic personal
  196  education plan that must be signed by the student; the student’s
  197  instructor, guidance counselor, or academic advisor; and the
  198  student’s parent. By January 1, 2007, The Department of
  199  Education shall develop course frameworks and professional
  200  development materials for the career exploration and education
  201  planning course. The course may be implemented as a stand-alone
  202  course or integrated into another course or courses. The
  203  Commissioner of Education shall collect longitudinal high school
  204  course enrollment data by student ethnicity in order to analyze
  205  course-taking patterns.
  206         Section 3. Subsections (1) and (2), paragraph (a) of
  207  subsection (4), and paragraph (b) of subsection (8) of section
  208  1003.428, Florida Statutes, are amended to read:
  209         1003.428 General requirements for high school graduation;
  210  revised.—
  211         (1) Except as otherwise authorized pursuant to s. 1003.429,
  212  beginning with students entering grade 9 their first year of
  213  high school in the 2007-2008 school year, graduation requires
  214  the successful completion of a minimum of 24 credits, an
  215  International Baccalaureate curriculum, or an Advanced
  216  International Certificate of Education curriculum. Students must
  217  be advised of eligibility requirements for state scholarship
  218  programs and postsecondary admissions.
  219         (2) The 24 credits may be earned through applied,
  220  integrated, and combined courses approved by the Department of
  221  Education. Beginning with students entering grade 9 in the 2013
  222  2014 school year, one of the 24 credits must be earned through a
  223  virtual instruction course. For purposes of this subsection, the
  224  term “virtual instruction course” means a course of instruction
  225  provided in an interactive learning environment created through
  226  technology in which students are separated from their teachers
  227  by time or space. This requirement shall be met through a
  228  virtual instruction course that significantly integrates content
  229  aligned to appropriate state curriculum standards, as determined
  230  by the Department of Education, and for which a standardized
  231  end-of-course assessment, as approved by the department, is
  232  administered. A student who is enrolled in a full-time virtual
  233  instruction program under s. 1002.45 meets this requirement. The
  234  24 credits and shall be distributed as follows:
  235         (a) Sixteen core curriculum credits:
  236         1. Four credits in English, with major concentration in
  237  composition, reading for information, and literature.
  238         2. Four credits in mathematics, one of which must be
  239  Algebra I, a series of courses equivalent to Algebra I, or a
  240  higher-level mathematics course. Beginning with students
  241  entering grade 9 in the 2010-2011 school year, in addition to
  242  the Algebra I credit requirement, one of the four credits in
  243  mathematics must be geometry or a series of courses equivalent
  244  to geometry as approved by the State Board of Education.
  245  Beginning with students entering grade 9 in the 2010-2011 school
  246  year, the end-of-course assessment requirements under s.
  247  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  248  a passing grade for the course and receive the required credit
  249  in Algebra I. Beginning with students entering grade 9 in the
  250  2011-2012 school year, the end-of-course assessment requirements
  251  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  252  to earn a passing grade for the course and receive the required
  253  credit in geometry. Beginning with students entering grade 9 in
  254  the 2012-2013 school year, in addition to the Algebra I and
  255  geometry credit requirements, one of the four credits in
  256  mathematics must be Algebra II or a series of courses equivalent
  257  to Algebra II as approved by the State Board of Education.
  258  Beginning with students entering grade 9 in the 2013-2014 school
  259  year, the end-of-course requirements under s.
  260  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  261  the required credit in Algebra II. School districts are
  262  encouraged to set specific goals to increase enrollments in, and
  263  successful completion of, geometry and Algebra II.
  264         3. Three credits in science, two of which must have a
  265  laboratory component. Beginning with students entering grade 9
  266  in the 2011-2012 school year, one of the three credits in
  267  science must be Biology I or a series of courses equivalent to
  268  Biology I as approved by the State Board of Education. Beginning
  269  with students entering grade 9 in the 2011-2012 school year, the
  270  end-of-course assessment requirements under s.
  271  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  272  the required credit in Biology I. Beginning with students
  273  entering grade 9 in the 2013-2014 school year, one of the three
  274  credits must be Biology I or a series of courses equivalent to
  275  Biology I as approved by the State Board of Education, one
  276  credit must be chemistry or physics or a series of courses
  277  equivalent to chemistry or physics as approved by the State
  278  Board of Education, and one credit must be an equally rigorous
  279  course, as determined by the State Board of Education. Beginning
  280  with students entering grade 9 in the 2014-2015 school year, the
  281  end-of-course requirements under s. 1008.22(3)(c)2.a.(I) must be
  282  met in order for a student to earn the required credit in
  283  chemistry or physics.
  284         4. Three credits in social studies as follows: one credit
  285  in United States American history; one credit in world history;
  286  one-half credit in economics; and one-half credit in United
  287  States American government.
  288         5. One credit in fine or performing arts, speech and
  289  debate, or a practical arts course that incorporates artistic
  290  content and techniques of creativity, interpretation, and
  291  imagination. Eligible practical arts courses shall be identified
  292  through the Course Code Directory.
  293         6. One credit in physical education to include integration
  294  of health. Participation in an interscholastic sport at the
  295  junior varsity or varsity level for two full seasons shall
  296  satisfy the one-credit requirement in physical education if the
  297  student passes a competency test on personal fitness with a
  298  score of “C” or better. The competency test on personal fitness
  299  must be developed by the Department of Education. A district
  300  school board may not require that the one credit in physical
  301  education be taken during the 9th grade year. Completion of one
  302  semester with a grade of “C” or better in a marching band class,
  303  in a physical activity class that requires participation in
  304  marching band activities as an extracurricular activity, or in a
  305  dance class shall satisfy one-half credit in physical education
  306  or one-half credit in performing arts. This credit may not be
  307  used to satisfy the personal fitness requirement or the
  308  requirement for adaptive physical education under an individual
  309  education plan (IEP) or 504 plan. Completion of 2 years in a
  310  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  311  component of which is drills, shall satisfy the one-credit
  312  requirement in physical education and the one-credit requirement
  313  in performing arts. This credit may not be used to satisfy the
  314  personal fitness requirement or the requirement for adaptive
  315  physical education under an individual education plan (IEP) or
  316  504 plan.
  317         (b) Eight credits in majors, minors, or electives.:
  318         1. Four credits in a major area of interest, such as
  319  sequential courses in a career and technical program, fine and
  320  performing arts, or academic content area, selected by the
  321  student as part of the education plan required by s. 1003.4156.
  322  Students may revise major areas of interest each year as part of
  323  annual course registration processes and should update their
  324  education plan to reflect such revisions. Annually by October 1,
  325  the district school board shall approve major areas of interest
  326  and submit the list of majors to the Commissioner of Education
  327  for approval. Each major area of interest shall be deemed
  328  approved unless specifically rejected by the commissioner within
  329  60 days. Upon approval, each district’s major areas of interest
  330  shall be available for use by all school districts and shall be
  331  posted on the department’s website.
  332         2. Four credits in elective courses selected by the student
  333  as part of the education plan required by s. 1003.4156. These
  334  credits may be combined to allow for a second major area of
  335  interest pursuant to subparagraph 1., a minor area of interest,
  336  elective courses, or intensive reading or mathematics
  337  intervention courses as described in this subparagraph.
  338         a. Minor areas of interest are composed of three credits
  339  selected by the student as part of the education plan required
  340  by s. 1003.4156 and approved by the district school board.
  341         b. Elective courses are selected by the student in order to
  342  pursue a complete education program as described in s.
  343  1001.41(3) and to meet eligibility requirements for
  344  scholarships.
  345         1.c. For each year in which a student scores at Level l on
  346  FCAT Reading, the student must be enrolled in and complete an
  347  intensive reading course the following year. Placement of Level
  348  2 readers in either an intensive reading course or a content
  349  area course in which reading strategies are delivered shall be
  350  determined by diagnosis of reading needs. The department shall
  351  provide guidance on appropriate strategies for diagnosing and
  352  meeting the varying instructional needs of students reading
  353  below grade level. Reading courses shall be designed and offered
  354  pursuant to the comprehensive reading plan required by s.
  355  1011.62(9).
  356         2.d. For each year in which a student scores at Level 1 or
  357  Level 2 on FCAT Mathematics, the student must receive
  358  remediation the following year. These courses may be taught
  359  through applied, integrated, or combined courses and are subject
  360  to approval by the department for inclusion in the Course Code
  361  Directory.
  362         (4) Each district school board shall establish standards
  363  for graduation from its schools, which must include:
  364         (a) Successful completion of the academic credit or
  365  curriculum requirements of subsections (1) and (2). For courses
  366  that require statewide, standardized end–of-course assessments
  367  under s. 1008.22 and standardized end-of-course assessments
  368  under s. 1008.222, passage of the end-of-course assessment.
  369  
  370  Each district school board shall adopt policies designed to
  371  assist students in meeting the requirements of this subsection.
  372  These policies may include, but are not limited to: forgiveness
  373  policies, summer school or before or after school attendance,
  374  special counseling, volunteers or peer tutors, school-sponsored
  375  help sessions, homework hotlines, and study skills classes.
  376  Forgiveness policies for required courses shall be limited to
  377  replacing a grade of “D” or “F,” or the equivalent of a grade of
  378  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  379  a grade of “C” or higher, earned subsequently in the same or
  380  comparable course. Forgiveness policies for elective courses
  381  shall be limited to replacing a grade of “D” or “F,” or the
  382  equivalent of a grade of “D” or “F,” with a grade of “C” or
  383  higher, or the equivalent of a grade of “C” or higher, earned
  384  subsequently in another course. The only exception to these
  385  forgiveness policies shall be made for a student in the middle
  386  grades who takes any high school course for high school credit
  387  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  388  grade of “C,” “D,” or “F.” In such case, the district
  389  forgiveness policy must allow the replacement of the grade with
  390  a grade of “C” or higher, or the equivalent of a grade of “C” or
  391  higher, earned subsequently in the same or comparable course. In
  392  all cases of grade forgiveness, only the new grade shall be used
  393  in the calculation of the student’s grade point average. Any
  394  course grade not replaced according to a district school board
  395  forgiveness policy shall be included in the calculation of the
  396  cumulative grade point average required for graduation.
  397         (8)
  398         (b)1. A student with a disability, as defined in s.
  399  1007.02(2), for whom the individual education plan (IEP)
  400  committee determines that the FCAT cannot accurately measure the
  401  student’s abilities taking into consideration all allowable
  402  accommodations, shall have the FCAT requirement of paragraph
  403  (4)(b) waived for the purpose of receiving a standard high
  404  school diploma, if the student:
  405         a.1. Completes the minimum number of credits and other
  406  requirements prescribed by subsections (1), (2), and (3).
  407         b.2. Does not meet the requirements of paragraph (4)(b)
  408  after one opportunity in 10th grade and one opportunity in 11th
  409  grade.
  410         2.A student with a disability, as defined in s.
  411  1007.02(2), for whom the IEP committee determines that an end
  412  of-course assessment cannot accurately measure the student’s
  413  abilities, taking into consideration all allowable
  414  accommodations and alternate assessments, shall have the end-of
  415  course assessment results waived for the purpose of determining
  416  the student′s course grade and credit as required in paragraph
  417  (4)(a). However, the student is not eligible for a standard high
  418  school diploma. The student is eligible for a special diploma.
  419         Section 4. Subsections (1) and (5), paragraph (c) of
  420  subsection (7), and subsection (8) of section 1003.429, Florida
  421  Statutes, are amended to read:
  422         1003.429 Accelerated high school graduation options.—
  423         (1) Students who enter grade 9 in the 2006-2007 school year
  424  and thereafter may select, upon receipt of each consent required
  425  by this section, one of the following three high school
  426  graduation options:
  427         (a) Completion of the general requirements for high school
  428  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  429         (b) Completion of a 3-year standard college preparatory
  430  program requiring successful completion of a minimum of 18
  431  academic credits in grades 9 through 12. At least 6 of the 18
  432  credits required for completion of this program must be received
  433  in classes that are offered pursuant to the International
  434  Baccalaureate Program, the Advanced Placement Program, dual
  435  enrollment, Advanced International Certificate of Education, or
  436  specifically listed or identified by the Department of Education
  437  as rigorous pursuant to s. 1009.531(3). Beginning with students
  438  entering grade 9 in the 2013-2014 school year, one of the 18
  439  credits must be earned through a virtual instruction course. For
  440  purposes of this paragraph, the term “virtual instruction
  441  course” means a course of instruction provided in an interactive
  442  learning environment created through technology in which
  443  students are separated from their teachers by time or space.
  444  This requirement shall be met through a virtual instruction
  445  course that significantly integrates content aligned to
  446  appropriate state curriculum standards, as determined by the
  447  Department of Education, and for which a standardized end-of
  448  course assessment, as approved by the department, is
  449  administered. A student who is enrolled in a full-time virtual
  450  instruction program under s. 1002.45 meets this requirement. The
  451  18 credits required for completion of this program shall be
  452  primary requirements and shall be distributed as follows:
  453         1. Four credits in English, with major concentration in
  454  composition and literature;
  455         2. Three credits and, beginning with students entering
  456  grade 9 in the 2010-2011 school year, four credits in
  457  mathematics at the Algebra I level or higher from the list of
  458  courses that qualify for state university admission. Beginning
  459  with students entering grade 9 in the 2010-2011 school year, in
  460  addition to the Algebra I credit requirement, one of the four
  461  credits in mathematics must be geometry or a series of courses
  462  equivalent to geometry as approved by the State Board of
  463  Education. Beginning with students entering grade 9 in the 2010
  464  2011 school year, the end-of-course assessment requirements
  465  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  466  to earn a passing grade for the course and receive the required
  467  credit in Algebra I. Beginning with students entering grade 9 in
  468  the 2011-2012 school year, the end-of-course assessment
  469  requirements under s. 1008.22(3)(c)2.a.(I) must be met in order
  470  for a student to earn a passing grade for the course and receive
  471  the required credit in geometry. Beginning with students
  472  entering grade 9 in the 2012-2013 school year, in addition to
  473  the Algebra I and geometry credit requirements, one of the four
  474  credits in mathematics must be Algebra II or a series of courses
  475  equivalent to Algebra II as approved by the State Board of
  476  Education. Beginning with students entering grade 9 in the 2013
  477  2014 school year, the end-of-course assessment requirements
  478  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  479  to earn the required credits in Algebra II;
  480         3. Three credits in natural science, two of which must have
  481  a laboratory component. Beginning with students entering grade 9
  482  in the 2011-2012 school year, one of the three credits in
  483  science must be Biology I or a series of courses equivalent to
  484  Biology I as approved by the State Board of Education. Beginning
  485  with students entering grade 9 in the 2011-2012 school year, the
  486  end-of-course assessment requirements under s.
  487  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  488  the required credit in Biology I. Beginning with students
  489  entering grade 9 in the 2013-2014 school year, one of the three
  490  credits must be Biology I or a series of courses equivalent to
  491  Biology I as approved by the State Board of Education, one
  492  credit must be chemistry or physics or a series of courses
  493  equivalent to chemistry or physics as approved by the State
  494  Board of Education, and one credit must be an equally rigorous
  495  course, as approved by the State Board of Education. Beginning
  496  with students entering grade 9 in the 2013-2014 school year, the
  497  end-of-course assessment requirements under s.
  498  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  499  the required credit in chemistry or physics;
  500         4. Three credits in social sciences, which must include one
  501  credit in United States American history, one credit in world
  502  history, one-half credit in United States American government,
  503  and one-half credit in economics;
  504         5. Two credits in the same second language unless the
  505  student is a native speaker of or can otherwise demonstrate
  506  competency in a language other than English. If the student
  507  demonstrates competency in another language, the student may
  508  replace the language requirement with two credits in other
  509  academic courses; and
  510         6. Three credits in electives and, beginning with students
  511  entering grade 9 in the 2010-2011 school year, two credits in
  512  electives; or
  513         (c) Completion of a 3-year career preparatory program
  514  requiring successful completion of a minimum of 18 academic
  515  credits in grades 9 through 12. Beginning with students entering
  516  grade 9 in the 2013-2014 school year, one of the 18 credits must
  517  be earned through a virtual instruction course. For purposes of
  518  this paragraph, the term “virtual instruction course” means a
  519  course of instruction provided in an interactive learning
  520  environment created through technology in which students are
  521  separated from their teachers by time or space. This requirement
  522  shall be met through a virtual instruction course that
  523  significantly integrates content aligned to appropriate state
  524  curriculum standards, as determined by the Department of
  525  Education, and for which a standardized end-of-course
  526  assessment, as approved by the department, is administered. A
  527  student who is enrolled in a full-time virtual instruction
  528  program under s. 1002.45 meets this requirement. The 18 credits
  529  shall be primary requirements and shall be distributed as
  530  follows:
  531         1. Four credits in English, with major concentration in
  532  composition and literature;
  533         2. Three credits and, beginning with students entering
  534  grade 9 in the 2010-2011 school year, four credits in
  535  mathematics, one of which must be Algebra I. Beginning with
  536  students entering grade 9 in the 2010-2011 school year, in
  537  addition to the Algebra I credit requirement, one of the four
  538  credits in mathematics must be geometry or a series of courses
  539  equivalent to geometry as approved by the State Board of
  540  Education. Beginning with students entering grade 9 in the 2010
  541  2011 school year, the end-of-course assessment requirements
  542  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  543  to earn a passing grade for the course and receive the required
  544  credit in Algebra I. Beginning with students entering grade 9 in
  545  the 2011-2012 school year, the end-of-course assessment
  546  requirements under s. 1008.22(3)(c)2.a.(I) must be met in order
  547  for a student to earn a passing grade for the course and receive
  548  the required credit in geometry. Beginning with students
  549  entering grade 9 in the 2012-2013 school year, in addition to
  550  the Algebra I and geometry credit requirements, one of the four
  551  credits in mathematics must be Algebra II or a series of courses
  552  equivalent to Algebra II as approved by the State Board of
  553  Education. Beginning with students entering grade 9 in the 2013
  554  2014 school year, the end-of-course assessment requirements
  555  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  556  to earn the required credits in Algebra II;
  557         3. Three credits in natural science, two of which must have
  558  a laboratory component. Beginning with students entering grade 9
  559  in the 2011-2012 school year, one of the three credits in
  560  science must be Biology I or a series of courses equivalent to
  561  Biology I as approved by the State Board of Education. Beginning
  562  with students entering grade 9 in the 2011-2012 school year, the
  563  end-of-course assessment requirements under s.
  564  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  565  the required credit in Biology I. Beginning with students
  566  entering grade 9 in the 2013-2014 school year, one of the three
  567  credits must be Biology I or a series of courses equivalent to
  568  Biology I as approved by the State Board of Education, one
  569  credit must be chemistry or physics or a series of courses
  570  equivalent to chemistry or physics as approved by the State
  571  Board of Education, and one credit must be an equally rigorous
  572  course, as approved by the State Board of Education. Beginning
  573  with students entering grade 9 in the 2013-2014 school year, the
  574  end-of-course assessment requirements under s.
  575  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  576  the required credit in chemistry or physics;
  577         4. Three credits in social sciences, which must include one
  578  credit in United States American history, one credit in world
  579  history, one-half credit in United States American government,
  580  and one-half credit in economics;
  581         5. Three credits in a single vocational or career education
  582  program, three credits in career and technical certificate dual
  583  enrollment courses, or five credits in vocational or career
  584  education courses; and
  585         6. Two credits and, beginning with students entering grade
  586  9 in the 2010-2011 school year, one credit in electives unless
  587  five credits are earned pursuant to subparagraph 5.
  588  
  589  Any student who selected an accelerated graduation program
  590  before July 1, 2004, may continue that program, and all
  591  statutory program requirements that were applicable when the
  592  student made the program choice shall remain applicable to the
  593  student as long as the student continues that program.
  594         (5) District school boards may not establish requirements
  595  for accelerated 3-year high school graduation options in excess
  596  of the requirements in paragraphs (1)(b) and (c). For courses
  597  that require statewide, standardized end–of-course assessments
  598  under s. 1008.22 and standardized end-of-course assessments
  599  under s. 1008.222, passage of the end-of-course assessment.
  600  Students enrolled in the accelerated high school graduation
  601  option are eligible to participate in the Credit Acceleration
  602  Program pursuant to s. 1003.4295(3).
  603         (7) If, at the end of grade 10, a student is not on track
  604  to meet the credit, assessment, or grade-point-average
  605  requirements of the accelerated graduation option selected, the
  606  school shall notify the student and parent of the following:
  607         (c) The right of the student to change to the 4-year
  608  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  609         (8) A student who selected one of the accelerated 3-year
  610  graduation options shall automatically move to the 4-year
  611  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  612  if the student:
  613         (a) Exercises his or her right to change to the 4-year
  614  program;
  615         (b) Fails to earn 5 credits by the end of grade 9 or fails
  616  to earn 11 credits by the end of grade 10;
  617         (c) Does not achieve a score of 3 or higher on the grade 10
  618  FCAT Writing assessment; or
  619         (d) By the end of grade 11 does not meet the requirements
  620  of subsections (1) and (6).
  621         Section 5. Section 1003.4295, Florida Statutes, is created
  622  to read:
  623         1003.4295Acceleration courses.—
  624         (1)Each high school shall advise each student of programs
  625  through which a high school student can earn college credit,
  626  including Advanced Placement, International Baccalaureate,
  627  Advanced International Certificate of Education, dual enrollment
  628  courses, career academy courses, and courses that lead to
  629  national industry certification, as well as the availability of
  630  course offerings through virtual instruction.
  631         (2)Beginning with the 2011-2012 school year, each high
  632  school shall offer an International Baccalaureate Program, an
  633  Advanced International Certificate of Education Program, or a
  634  combination of at least four courses in dual enrollment or
  635  Advanced Placement, including one course each in English,
  636  mathematics, science, and social studies. To meet this
  637  requirement, school districts may provide courses through
  638  virtual instruction, if the virtual course significantly
  639  integrates postsecondary level content for which a student may
  640  earn college credit, as determined by the Department of
  641  Education, and for which a standardized end-of-course
  642  assessment, as approved by the department, is administered.
  643         (3) The Credit Acceleration Program (CAP) is created for
  644  the purpose of allowing a secondary student to earn high school
  645  credit in a course that requires a statewide, standardized end
  646  of-course assessment under s. 1008.22(3)(c) or a standardized
  647  end-of-course assessment under s. 1008.222, if the student
  648  attains a specified score on the assessment. Notwithstanding s.
  649  1003.436, a school district shall award course credit to a
  650  student who is not enrolled in the course, or who has not
  651  completed the course, if the student attains a score indicating
  652  satisfactory performance, as defined in s. 1008.22(3)(c)5., on
  653  the corresponding standardized end-of-course assessment. The
  654  school district shall permit a student who is not enrolled in
  655  the course, or who has not completed the course, to take the
  656  standardized end-of-course assessment during the regular
  657  administration of the assessment.
  658         Section 6. Paragraph (k) of subsection (4) of section
  659  1003.493, Florida Statutes, is amended to read:
  660         1003.493 Career and professional academies.—
  661         (4) Each career and professional academy must:
  662         (k) Include an evaluation plan developed jointly with the
  663  Department of Education and the local workforce board. The
  664  evaluation plan must include an assessment tool based on
  665  national industry standards, such as the Career Academy National
  666  Standards of Practice, and outcome measures, including, but not
  667  limited to, achievement of national industry certifications
  668  identified in the Industry Certified Funding List, pursuant to
  669  rules adopted by the State Board of Education, graduation rates,
  670  enrollment in postsecondary education, business and industry
  671  satisfaction, employment and earnings, awards of postsecondary
  672  credit and scholarships, and student FCAT achievement levels and
  673  learning gains on statewide assessments administered under s.
  674  1008.22(3)(c) and standardized assessments administered under s.
  675  1008.222. The Department of Education shall use Workforce
  676  Florida, Inc., and Enterprise Florida, Inc., in identifying
  677  industry experts to participate in developing and implementing
  678  such assessments.
  679         Section 7. Paragraph (c) of subsection (6) of section
  680  1007.35, Florida Statutes, is amended to read:
  681         1007.35 Florida Partnership for Minority and
  682  Underrepresented Student Achievement.—
  683         (6) The partnership shall:
  684         (c) Provide teacher training and materials that are aligned
  685  with the Next Generation Sunshine State Standards and are
  686  consistent with best theory and practice regarding multiple
  687  learning styles and research on learning, instructional
  688  strategies, instructional design, and classroom assessment.
  689  Curriculum materials must be based on current, accepted, and
  690  essential academic knowledge. Materials for prerequisite courses
  691  should, at a minimum, address the skills assessed on the Florida
  692  Comprehensive Assessment Test (FCAT).
  693         Section 8. Paragraph (c) of subsection (3) and subsections
  694  (6), (9), (10), (11), and (12) of section 1008.22, Florida
  695  Statutes, are amended to read:
  696         1008.22 Student assessment program for public schools.—
  697         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  698  design and implement a statewide program of educational
  699  assessment that provides information for the improvement of the
  700  operation and management of the public schools, including
  701  schools operating for the purpose of providing educational
  702  services to youth in Department of Juvenile Justice programs.
  703  The commissioner may enter into contracts for the continued
  704  administration of the assessment, testing, and evaluation
  705  programs authorized and funded by the Legislature. Contracts may
  706  be initiated in 1 fiscal year and continue into the next and may
  707  be paid from the appropriations of either or both fiscal years.
  708  The commissioner is authorized to negotiate for the sale or
  709  lease of tests, scoring protocols, test scoring services, and
  710  related materials developed pursuant to law. Pursuant to the
  711  statewide assessment program, the commissioner shall:
  712         (c) Develop and implement a student achievement testing
  713  program as follows: known as
  714         1. The Florida Comprehensive Assessment Test (FCAT)
  715  measures as part of the statewide assessment program to measure
  716  a student’s content knowledge and skills in reading, writing,
  717  science, and mathematics. The content knowledge and skills
  718  assessed by the FCAT must be aligned to the core curricular
  719  content established in the Next Generation Sunshine State
  720  Standards. Other content areas may be included as directed by
  721  the commissioner. Comprehensive assessments of reading and
  722  mathematics shall be administered annually in grades 3 through
  723  10 except, beginning with the 2010-2011 school year, the
  724  administration of grade 9 FCAT Mathematics shall be
  725  discontinued, and beginning with the 2011-2012 school year, the
  726  administration of grade 10 FCAT Mathematics shall be
  727  discontinued, except as required for students who have not
  728  attained minimum performance expectations for graduation as
  729  provided in paragraph (9)(c). FCAT Comprehensive assessments of
  730  Writing and FCAT Science shall be administered at least once at
  731  the elementary, middle, and high school levels except, beginning
  732  with the 2011-2012 school year, the administration of FCAT
  733  Science at the high school level shall be discontinued.
  734         2.a. End-of-course assessments for a subject shall may be
  735  administered in addition to the comprehensive assessments
  736  required for that subject under subparagraph 1. this paragraph.
  737  An End-of-course assessments assessment must be rigorous,
  738  statewide, standardized, and developed or approved by the
  739  department. The content knowledge and skills assessed by
  740  comprehensive and end-of-course assessments must be aligned to
  741  the core curricular content established in the Next Generation
  742  Sunshine State Standards.
  743         (I)Statewide, standardized end-of-course assessments in
  744  mathematics shall be administered according to this sub-sub
  745  subparagraph. Beginning with the 2010-2011 school year, all
  746  students enrolled in Algebra I or an equivalent course must take
  747  the Algebra I end-of-course assessment. Students who earned high
  748  school credit in Algebra I while in grades 6 through 8 during
  749  the 2007-2008 through 2009-2010 school years and who have not
  750  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  751  course assessment during the 2010-2011 school year. For students
  752  entering grade 9 during the 2010-2011 school year and who are
  753  enrolled in Algebra I or an equivalent, each student’s
  754  performance on the end-of-course assessment in Algebra I shall
  755  constitute 30 percent of the student’s final course grade.
  756  Beginning with students entering grade 9 in the 2011-2012 school
  757  year, a student who is enrolled in Algebra I or an equivalent
  758  must earn a passing score on the end-of-course assessment in
  759  Algebra I or attain an equivalent score as described in
  760  subsection (11) in order to pass the course and earn course
  761  credit. Beginning with the 2011-2012 school year, all students
  762  enrolled in geometry or an equivalent course must take the
  763  geometry end-of-course assessment. For students entering grade 9
  764  during the 2011-2012 school year, each student’s performance on
  765  the end-of-course assessment in geometry shall constitute 30
  766  percent of the student’s final course grade. Beginning with
  767  students entering grade 9 during the 2012-2013 school year, a
  768  student must earn a passing score on the end-of-course
  769  assessment in geometry or attain an equivalent score as
  770  described in subsection (11) in order to pass the course and
  771  earn course credit. Beginning with the 2013-2014 school year,
  772  all students enrolled in Algebra II or an equivalent course must
  773  take the Algebra II end-of-course assessment. For students
  774  entering grade 9 in the 2013-2014 school year, each student’s
  775  performance on the end-of-course assessment in Algebra II shall
  776  constitute 30 percent of the student’s final course grade.
  777  Beginning with students entering grade 9 in the 2014-2015 school
  778  year, a student must earn a passing score on the end-of-course
  779  assessment in Algebra II in order to pass the course and earn
  780  course credit.
  781         (II)Statewide, standardized end-of-course assessments in
  782  science shall be administered according to this sub-sub
  783  subparagraph. Beginning with the 2011-2012 school year, all
  784  students enrolled in Biology I or an equivalent course must take
  785  the Biology I end-of-course assessment. For the 2011-2012 school
  786  year, each student’s performance on the end-of-course assessment
  787  in Biology I shall constitute 30 percent of the student’s final
  788  course grade. Beginning with students entering grade 9 during
  789  the 2012-2013 school year, a student must earn a passing score
  790  on the end-of-course assessment in Biology I in order to pass
  791  the course and earn course credit. Beginning with the 2013-2014
  792  school year, all students enrolled in chemistry or physics or an
  793  equivalent course must take the chemistry or physics end-of
  794  course assessment. For students entering grade 9 in the 2013
  795  2014 school year, each student’s performance on the end-of
  796  course assessment in chemistry or physics shall constitute 30
  797  percent of the student’s final course grade. Beginning with
  798  students entering grade 9 during the 2014-2015 school year, a
  799  student must earn a passing score on the end-of-course
  800  assessment in chemistry or physics in order to pass the course
  801  and earn course credit.
  802         b. The commissioner may select one or more nationally
  803  developed comprehensive examinations, which may include, but
  804  need not be limited to, examinations for a College Board
  805  Advanced Placement course, International Baccalaureate course,
  806  or Advanced International Certificate of Education course, or
  807  industry-approved examinations to earn national industry
  808  certifications identified in the Industry Certified Funding
  809  List, pursuant to rules adopted by the State Board of Education
  810  as defined in s. 1003.492, for use as end-of-course assessments
  811  under this paragraph, if the commissioner determines that the
  812  content knowledge and skills assessed by the examinations meet
  813  or exceed the grade level expectations for the core curricular
  814  content established for the course in the Next Generation
  815  Sunshine State Standards. The commissioner may collaborate with
  816  the American Diploma Project in the adoption or development of
  817  rigorous end-of-course assessments that are aligned to the Next
  818  Generation Sunshine State Standards. The testing program must be
  819  designed as follows:
  820         c.Contingent upon funding provided in the General
  821  Appropriations Act, including the appropriation of funds
  822  received through federal grants, the Commissioner of Education
  823  shall establish an implementation schedule for the development
  824  and administration of additional statewide, standardized end-of
  825  course assessments in English/Language Arts II, earth/space
  826  science, United States history, and world history. Priority
  827  shall be given to the development of end-of-course assessments
  828  in English/Language Arts II. The Commissioner of Education shall
  829  evaluate the feasibility and effect of transitioning from the
  830  grade 9 and grade 10 FCAT Reading and high school level FCAT
  831  Writing to an end-of-course assessment in English/Language Arts
  832  II. The commissioner shall report the results of the evaluation
  833  to the President of the Senate and the Speaker of the House of
  834  Representatives no later than July 1, 2011.
  835         3.1. The testing program tests shall measure student
  836  content knowledge and skills and competencies adopted by the
  837  State Board of Education as specified in paragraph (a) and. The
  838  tests must measure and report student performance proficiency
  839  levels of all students assessed in reading, writing,
  840  mathematics, and science. The commissioner shall provide for the
  841  tests to be developed or obtained, as appropriate, through
  842  contracts and project agreements with private vendors, public
  843  vendors, public agencies, postsecondary educational
  844  institutions, or school districts. The commissioner shall obtain
  845  input with respect to the design and implementation of the
  846  testing program from state educators, assistive technology
  847  experts, and the public.
  848         4.2. The testing program shall be composed of criterion
  849  referenced tests that shall, to the extent determined by the
  850  commissioner, include test items that require the student to
  851  produce information or perform tasks in such a way that the core
  852  content knowledge and skills he or she uses can be measured.
  853         3.Beginning with the 2008-2009 school year, the
  854  commissioner shall discontinue administration of the selected
  855  response test items on the comprehensive assessments of writing.
  856  Beginning with the 2012-2013 school year, the comprehensive
  857  assessments of writing shall be composed of a combination of
  858  selected-response test items, short-response performance tasks,
  859  and extended-response performance tasks, which shall measure a
  860  student’s content knowledge of writing, including, but not
  861  limited to, paragraph and sentence structure, sentence
  862  construction, grammar and usage, punctuation, capitalization,
  863  spelling, parts of speech, verb tense, irregular verbs, subject
  864  verb agreement, and noun-pronoun agreement.
  865         5. FCAT Reading, Mathematics, and Science and all
  866  statewide, standardized end-of-course assessments shall measure
  867  the content knowledge and skills a student has attained on the
  868  assessment by the use of scaled scores and achievement levels.
  869  Achievement levels shall range from 1 through 5, with level 1
  870  being the lowest achievement level, level 5 being the highest
  871  achievement level, and level 3 indicating satisfactory
  872  performance on an assessment. For purposes of FCAT Writing,
  873  student achievement shall be scored using a scale of 1 through 6
  874  and the score earned shall be used in calculating school grades.
  875         4. A score shall be designated for each subject area
  876  tested, below which score a student’s performance is deemed
  877  inadequate. The school districts shall provide appropriate
  878  remedial instruction to students who score below these levels.
  879         6.5.Except as provided in s. 1003.428(8)(b) or s.
  880  1003.43(11)(b), students must earn a passing score on the grade
  881  10 assessment test described in this paragraph or attain
  882  concordant scores as described in subsection (10) in reading,
  883  writing, and mathematics to qualify for a standard high school
  884  diploma. The State Board of Education shall, by rule, designate
  885  a passing score for each part of the grade 10 assessment test
  886  and end-of-course assessments. In establishing passing scores,
  887  the state board shall consider any possible negative impact of
  888  the test on minority students. The State Board of Education
  889  shall adopt rules which specify the passing scores for the grade
  890  10 FCAT. Any rule that has such rules, which have the effect of
  891  raising the required passing scores may, shall apply only to
  892  students taking the assessment grade 10 FCAT for the first time
  893  after the rule is such rules are adopted by the State Board of
  894  Education. Except as otherwise provided in this subparagraph and
  895  as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
  896  must earn a passing score on grade 10 FCAT Reading and grade 10
  897  FCAT Mathematics or attain concordant scores as described in
  898  subsection (10) in order to qualify for a standard high school
  899  diploma.
  900         7.In addition to designating a passing score under
  901  subparagraph 6., the State Board of Education shall also
  902  designate, by rule, a score for each statewide, standardized
  903  end-of-course assessment which indicates that a student is high
  904  achieving and has the potential to meet college-readiness
  905  standards by the time the student graduates from high school.
  906         8.6. Participation in the testing program is mandatory for
  907  all students attending public school, including students served
  908  in Department of Juvenile Justice programs, except as otherwise
  909  prescribed by the commissioner. A student who has not earned
  910  passing scores on the grade 10 FCAT as provided in subparagraph
  911  6. must participate in each retake of the assessment until the
  912  student earns passing scores or achieves scores on a
  913  standardized assessment which are concordant with passing scores
  914  pursuant to subsection (10). If a student does not participate
  915  in the statewide assessment, the district must notify the
  916  student’s parent and provide the parent with information
  917  regarding the implications of such nonparticipation. A parent
  918  must provide signed consent for a student to receive classroom
  919  instructional accommodations that would not be available or
  920  permitted on the statewide assessments and must acknowledge in
  921  writing that he or she understands the implications of such
  922  instructional accommodations. The State Board of Education shall
  923  adopt rules, based upon recommendations of the commissioner, for
  924  the provision of test accommodations for students in exceptional
  925  education programs and for students who have limited English
  926  proficiency. Accommodations that negate the validity of a
  927  statewide assessment are not allowable in the administration of
  928  the FCAT or an end-of-course assessment. However, instructional
  929  accommodations are allowable in the classroom if included in a
  930  student’s individual education plan. Students using
  931  instructional accommodations in the classroom that are not
  932  allowable as accommodations on the FCAT or an end-of-course
  933  assessment may have the FCAT or an end-of-course assessment
  934  requirement waived pursuant to the requirements of s.
  935  1003.428(8)(b) or s. 1003.43(11)(b).
  936         9.7. A student seeking an adult high school diploma must
  937  meet the same testing requirements that a regular high school
  938  student must meet.
  939         10.8. District school boards must provide instruction to
  940  prepare students to demonstrate proficiency in the core
  941  curricular content established in the Next Generation Sunshine
  942  State Standards adopted under s. 1003.41, including the core
  943  content knowledge and skills necessary for successful grade-to
  944  grade progression and high school graduation. If a student is
  945  provided with instructional accommodations in the classroom that
  946  are not allowable as accommodations in the statewide assessment
  947  program, as described in the test manuals, the district must
  948  inform the parent in writing and must provide the parent with
  949  information regarding the impact on the student’s ability to
  950  meet expected performance proficiency levels in reading,
  951  writing, and mathematics, and science. The commissioner shall
  952  conduct studies as necessary to verify that the required core
  953  curricular content is part of the district instructional
  954  programs.
  955         11.9. District school boards must provide opportunities for
  956  students to demonstrate an acceptable performance level of
  957  performance on an alternative standardized assessment approved
  958  by the State Board of Education following enrollment in summer
  959  academies.
  960         12.10. The Department of Education must develop, or select,
  961  and implement a common battery of assessment tools that will be
  962  used in all juvenile justice programs in the state. These tools
  963  must accurately measure the core curricular content established
  964  in the Next Generation Sunshine State Standards.
  965         13.11. For students seeking a special diploma pursuant to
  966  s. 1003.438, the Department of Education must develop or select
  967  and implement an alternate assessment tool that accurately
  968  measures the core curricular content established in the Next
  969  Generation Sunshine State Standards for students with
  970  disabilities under s. 1003.438.
  971         14.12. The Commissioner of Education shall establish
  972  schedules for the administration of statewide assessments and
  973  the reporting of student test results. When establishing the
  974  schedules for the administration of statewide assessments, the
  975  commissioner shall consider the observance of religious and
  976  school holidays. The commissioner shall, by August 1 of each
  977  year, notify each school district in writing and publish on the
  978  department’s Internet website the testing and reporting
  979  schedules for, at a minimum, the school year following the
  980  upcoming school year. The testing and reporting schedules shall
  981  require that:
  982         a. There is the latest possible administration of statewide
  983  assessments and the earliest possible reporting to the school
  984  districts of student test results which is feasible within
  985  available technology and specific appropriations; however, test
  986  results for the FCAT must be made available no later than the
  987  week of June 8. Student results for end-of-course assessments
  988  must be provided no later than 1 week after the school district
  989  completes testing for each course final day of the regular
  990  school year for students.
  991         b. Beginning with the 2010-2011 school year, FCAT Writing a
  992  comprehensive statewide assessment of writing is not
  993  administered earlier than the week of March 1 and a
  994  comprehensive statewide assessment of any other subject is not
  995  administered earlier than the week of April 15.
  996         c. A statewide, standardized end-of-course assessment is
  997  administered during a 3-week period at the end within the last 2
  998  weeks of the course. The commissioner shall select a 3-week
  999  administration period for assessments that meets the intent of
 1000  end-of-course assessments and provides student results prior to
 1001  the end of the course. School districts shall select one testing
 1002  week within the 3-week administration period for each end-of
 1003  course assessment. For an end-of-course assessment administered
 1004  at the end of the first semester, the commissioner shall
 1005  determine the most appropriate testing dates based on a school
 1006  district’s academic calendar.
 1007  
 1008  The commissioner may, based on collaboration and input from
 1009  school districts, design and implement student testing programs,
 1010  for any grade level and subject area, necessary to effectively
 1011  monitor educational achievement in the state, including the
 1012  measurement of educational achievement of the Next Generation
 1013  Sunshine State Standards for students with disabilities.
 1014  Development and refinement of assessments shall include
 1015  universal design principles and accessibility standards that
 1016  will prevent any unintended obstacles for students with
 1017  disabilities while ensuring the validity and reliability of the
 1018  test. These principles should be applicable to all technology
 1019  platforms and assistive devices available for the assessments.
 1020  The field testing process and psychometric analyses for the
 1021  statewide assessment program must include an appropriate
 1022  percentage of students with disabilities and an evaluation or
 1023  determination of the effect of test items on such students.
 1024         (6) SCHOOL TESTING PROGRAMS.—Each public school shall
 1025  participate in the statewide assessment program in accordance
 1026  with the testing and reporting schedules published by the
 1027  Commissioner of Education under subparagraph (3)(c)14.12. unless
 1028  specifically exempted by state board rule based on serving a
 1029  specialized population for which standardized testing is not
 1030  appropriate. Student performance data shall be analyzed and
 1031  reported to parents, the community, and the state. Student
 1032  performance data shall be used in developing objectives of the
 1033  school improvement plan, evaluation of instructional personnel,
 1034  evaluation of administrative personnel, assignment of staff,
 1035  allocation of resources, acquisition of instructional materials
 1036  and technology, performance-based budgeting, and promotion and
 1037  assignment of students into educational programs. The analysis
 1038  of student performance data also must identify strengths and
 1039  needs in the educational program and trends over time. The
 1040  analysis must be used in conjunction with the budgetary planning
 1041  processes developed pursuant to s. 1008.385 and the development
 1042  of the programs of remediation.
 1043         (9) APPLICABILITY OF TESTING STANDARDS.—
 1044         (a) If the Commissioner of Education revises a statewide
 1045  assessment and the revisions require the State Board of
 1046  Education to modify the assessment’s performance proficiency
 1047  levels or modify the passing scores required for a standard high
 1048  school diploma, until the state board adopts the modifications
 1049  by rule, the commissioner shall use calculations for scoring the
 1050  assessment which adjust student scores on the revised assessment
 1051  for statistical equivalence to student scores on the former
 1052  assessment.
 1053         (b) A student must attain the passing scores on the
 1054  statewide assessment required for a standard high school diploma
 1055  or for high school course credits under sub-sub-subparagraphs
 1056  (3)(c)2.a.(I) and (II) which are in effect at the time the
 1057  student enters grade 9. If a student transfers into a high
 1058  school, the school principal shall determine, in accordance with
 1059  State Board of Education rule, whether the student must take an
 1060  end-of-course assessment in a course for which the student has
 1061  credit that was earned from the previous school if the student’s
 1062  enrollment is continuous.
 1063         (c) If the commissioner revises a statewide assessment and
 1064  the revisions require the State Board of Education to modify the
 1065  passing scores required for a standard high school diploma or
 1066  for high school course credits under sub-sub-subparagraphs
 1067  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
 1068  the state board, discontinue administration of the former
 1069  assessment upon the graduation, based on normal student
 1070  progression, of students participating in the final regular
 1071  administration of the former assessment. The state board shall
 1072  adopt by rule passing scores for the revised assessment which
 1073  are statistically equivalent to passing scores on the
 1074  discontinued assessment for a student required under paragraph
 1075  (b) to attain passing scores on the discontinued assessment.
 1076         (10) CONCORDANT SCORES FOR THE FCAT.—
 1077         (a) The Commissioner State Board of Education shall analyze
 1078  the content and concordant data sets for nationally recognized
 1079  widely used high school achievement tests, including, but not
 1080  limited to, the PSAT, PLAN, SAT, ACT, and College Placement
 1081  Test, to assess if concordant scores for FCAT scores can be
 1082  determined for high school graduation, college placement, and
 1083  scholarship awards. When In cases where content alignment and
 1084  concordant scores can be determined, the Commissioner of
 1085  Education shall adopt those scores as meeting the graduation
 1086  requirement in lieu of achieving the FCAT passing score and may
 1087  adopt those scores as being sufficient to achieve additional
 1088  purposes as determined by rule. Each time that test content or
 1089  scoring procedures change for the FCAT or for a high school
 1090  achievement test for which a concordant score is determined, new
 1091  concordant scores must be determined.
 1092         (b)In order to use a concordant subject area score
 1093  pursuant to this subsection to satisfy the assessment
 1094  requirement for a standard high school diploma as provided in s.
 1095  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
 1096  take each subject area of the grade 10 FCAT a total of three
 1097  times without earning a passing score. The requirements of this
 1098  paragraph shall not apply to a new student who enters the
 1099  Florida public school system in grade 12, who may either achieve
 1100  a passing score on the FCAT or use an approved subject area
 1101  concordant score to fulfill the graduation requirement.
 1102         (b)(c) The State Board of Education may define by rule the
 1103  allowable uses, other than to satisfy the high school graduation
 1104  requirement, for concordant scores as described in this
 1105  subsection. Such uses may include, but need not be limited to,
 1106  achieving appropriate standardized test scores required for the
 1107  awarding of Florida Bright Futures Scholarships and college
 1108  placement.
 1109         (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1110         (a)The Commissioner of Education shall analyze the content
 1111  and equivalent data sets for nationally recognized high school
 1112  achievement tests and industry certification tests under the
 1113  Industry Certification Funding List, pursuant to rules adopted
 1114  by the State Board of Education, including, but not limited to,
 1115  grade 10 FCAT Mathematics retakes until such retakes are
 1116  discontinued pursuant to subsection (9), the PSAT, the PLAN, the
 1117  SAT, the ACT, and the College Placement Test, to assess if
 1118  equivalent scores for end-of-course assessment scores can be
 1119  determined for passage of an end-of-course assessment. When
 1120  content alignment and equivalent scores can be determined, the
 1121  Commissioner of Education shall adopt those scores as meeting
 1122  the requirement to pass the end-of-course assessment and as
 1123  being sufficient to achieve additional purposes as determined by
 1124  rule. Each time that assessment content or scoring procedures
 1125  change for an end-of-course assessment or for a high school
 1126  achievement test or an industry certification test under the
 1127  Industry Certification Funding List, pursuant to rules adopted
 1128  by the State Board of Education for which an equivalent score is
 1129  determined, new equivalent scores must be determined.
 1130         (b)Use of an equivalent score adopted by the State Board
 1131  of Education under paragraph (a) for purposes of grade
 1132  adjustment, grade forgiveness, or course credit recovery is
 1133  contingent upon and subject to district school board rules.
 1134         (12)(11) REPORTS.—The Department of Education shall
 1135  annually provide a report to the Governor, the President of the
 1136  Senate, and the Speaker of the House of Representatives on the
 1137  following:
 1138         (a) Longitudinal performance of students in mathematics and
 1139  reading.
 1140         (b) Longitudinal performance of students by grade level in
 1141  mathematics and reading.
 1142         (c) Longitudinal performance regarding efforts to close the
 1143  achievement gap.
 1144         (d) Other student performance data based on national norm
 1145  referenced and criterion-referenced tests, when available, and
 1146  numbers of students who after 8th grade enroll in adult
 1147  education rather than other secondary education.
 1148         (13)(12) RULES.—The State Board of Education shall adopt
 1149  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1150  provisions of this section.
 1151         Section 9. Paragraph (a) of subsection (4) of section
 1152  1008.25, Florida Statutes, is amended to read:
 1153         1008.25 Public school student progression; remedial
 1154  instruction; reporting requirements.—
 1155         (4) ASSESSMENT AND REMEDIATION.—
 1156         (a) Each student must participate in the statewide
 1157  assessment tests required by s. 1008.22. Each student who does
 1158  not meet specific levels of performance as determined by the
 1159  district school board in FCAT reading, writing, science, and
 1160  mathematics for each grade level, or who scores below Level 3 in
 1161  FCAT reading or FCAT mathematics math, must be provided with
 1162  additional diagnostic assessments to determine the nature of the
 1163  student’s difficulty, the areas of academic need, and strategies
 1164  for appropriate intervention and instruction as described in
 1165  paragraph (b).
 1166         Section 10. Subsection (3) of section 1008.30, Florida
 1167  Statutes, is amended to read:
 1168         1008.30 Common placement testing for public postsecondary
 1169  education.—
 1170         (3) The State Board of Education shall adopt rules that
 1171  require high schools to evaluate before the beginning of grade
 1172  12 the college readiness of each student who indicates an
 1173  interest in postsecondary education and scores at Level 2 or
 1174  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1175  Level 3, or Level 4 on the mathematics assessments under s.
 1176  1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
 1177  perform this evaluation using results from the corresponding
 1178  component of the common placement test prescribed in this
 1179  section, or an equivalent test identified by the State Board of
 1180  Education. The Department of Education shall purchase or develop
 1181  the assessments necessary to perform the evaluations required by
 1182  this subsection and shall work with the school districts to
 1183  administer the assessments. The State Board of Education shall
 1184  establish by rule the minimum test scores a student must achieve
 1185  to demonstrate readiness. Students who demonstrate readiness by
 1186  achieving the minimum test scores established by the state board
 1187  and enroll in a community college within 2 years of achieving
 1188  such scores shall not be required to enroll in remediation
 1189  courses as a condition of acceptance to any community college.
 1190  The high school shall use the results of the test to advise the
 1191  students of any identified deficiencies and to the maximum
 1192  extent practicable provide 12th grade students access to
 1193  appropriate remedial instruction prior to high school
 1194  graduation. The remedial instruction provided under this
 1195  subsection shall be a collaborative effort between secondary and
 1196  postsecondary educational institutions. To the extent courses
 1197  are available, the Florida Virtual School may be used to provide
 1198  the remedial instruction required by this subsection.
 1199         Section 11. Paragraphs (b) and (c) of subsection (3) of
 1200  section 1008.34, Florida Statutes, are amended to read:
 1201         1008.34 School grading system; school report cards;
 1202  district grade.—
 1203         (3) DESIGNATION OF SCHOOL GRADES.—
 1204         (b)1. A school’s grade shall be based on a combination of:
 1205         a. Student achievement scores, including achievement on all
 1206  FCAT and end-of-course assessments administered under s.
 1207  1008.22(3)(c)1., end-of-course assessments administered under s.
 1208  1008.22(3)(c)2.a., and achievement scores for students seeking a
 1209  special diploma.
 1210         b. Student learning gains in reading and mathematics as
 1211  measured by annual FCAT and end-of-course assessments, as
 1212  described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
 1213  Learning gains for students seeking a special diploma, as
 1214  measured by an alternate assessment tool, shall be included not
 1215  later than the 2009-2010 school year.
 1216         c. Improvement of the lowest 25th percentile of students in
 1217  the school in reading and, mathematics, or writing on the FCAT
 1218  or end-of-course assessments described in s. 1008.22(3)(c)2.a.,
 1219  unless these students are exhibiting satisfactory performance.
 1220         2. Beginning with the 2009-2010 school year for schools
 1221  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1222  11, and 12, 50 percent of the school grade shall be based on a
 1223  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1224  and the remaining 50 percent on the following factors:
 1225         a. The high school graduation rate of the school;
 1226         b. As valid data becomes available, the performance and
 1227  participation of the school’s students in College Board Advanced
 1228  Placement courses, International Baccalaureate courses, dual
 1229  enrollment courses, and Advanced International Certificate of
 1230  Education courses; and the students’ achievement of national
 1231  industry certification identified in the Industry Certified
 1232  Funding List, pursuant to rules adopted by the State Board of
 1233  Education, as determined by the Agency for Workforce Innovation
 1234  under s. 1003.492(2) in a career and professional academy, as
 1235  described in s. 1003.493;
 1236         c. Postsecondary readiness of the school’s students as
 1237  measured by the SAT, ACT, or the common placement test;
 1238         d. The high school graduation rate of at-risk students who
 1239  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1240  Mathematics examinations;
 1241         e. As valid data becomes available, the performance of the
 1242  school’s students on statewide standardized end-of-course
 1243  assessments administered under s. 1008.22 and standardized end
 1244  of-course assessments administered under s. 1008.22(3)(c)2.b.
 1245  and c.; and
 1246         f. The growth or decline in the components listed in sub
 1247  subparagraphs a.-e. from year to year.
 1248         (c) Student assessment data used in determining school
 1249  grades shall include:
 1250         1. The aggregate scores of all eligible students enrolled
 1251  in the school who have been assessed on the FCAT and statewide,
 1252  standardized end-of-course assessments in courses required for
 1253  high school graduation, including, beginning with the 2010-2011
 1254  school year, the end-of-course assessments in Algebra I and
 1255  geometry, beginning with the 2011-2012 school year, the end-of
 1256  course assessment in Biology, and beginning with the 2013-2014
 1257  school year, end-of-course assessments in Algebra II, chemistry,
 1258  and physics.
 1259         2. The aggregate scores of all eligible students enrolled
 1260  in the school who have been assessed on the FCAT and end-of
 1261  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1262  have scored at or in the lowest 25th percentile of students in
 1263  the school in reading and, mathematics, or writing, unless these
 1264  students are exhibiting satisfactory performance.
 1265         3. Effective with the 2005-2006 school year, The
 1266  achievement scores and learning gains of eligible students
 1267  attending alternative schools that provide dropout prevention
 1268  and academic intervention services pursuant to s. 1003.53. The
 1269  term “eligible students” in this subparagraph does not include
 1270  students attending an alternative school who are subject to
 1271  district school board policies for expulsion for repeated or
 1272  serious offenses, who are in dropout retrieval programs serving
 1273  students who have officially been designated as dropouts, or who
 1274  are in programs operated or contracted by the Department of
 1275  Juvenile Justice. The student performance data for eligible
 1276  students identified in this subparagraph shall be included in
 1277  the calculation of the home school’s grade. As used in this
 1278  section and s. 1008.341, the term “home school” means the school
 1279  to which the student would be assigned if the student were not
 1280  assigned to an alternative school. If an alternative school
 1281  chooses to be graded under this section, student performance
 1282  data for eligible students identified in this subparagraph shall
 1283  not be included in the home school’s grade but shall be included
 1284  only in the calculation of the alternative school’s grade. A
 1285  school district that fails to assign the FCAT and end-of-course
 1286  assessment as described in s. 1008.22(3)(c)2.a. scores of each
 1287  of its students to his or her home school or to the alternative
 1288  school that receives a grade shall forfeit Florida School
 1289  Recognition Program funds for 1 fiscal year. School districts
 1290  must require collaboration between the home school and the
 1291  alternative school in order to promote student success. This
 1292  collaboration must include an annual discussion between the
 1293  principal of the alternative school and the principal of each
 1294  student’s home school concerning the most appropriate school
 1295  assignment of the student.
 1296         4. Beginning with the 2009-2010 school year For schools
 1297  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1298  11, and 12, the data listed in subparagraphs 1.-3. and the
 1299  following data as the Department of Education determines such
 1300  data are valid and available:
 1301         a. The high school graduation rate of the school as
 1302  calculated by the Department of Education;
 1303         b. The participation rate of all eligible students enrolled
 1304  in the school and enrolled in College Board Advanced Placement
 1305  courses; International Baccalaureate courses; dual enrollment
 1306  courses; Advanced International Certificate of Education
 1307  courses; and courses or sequence of courses leading to national
 1308  industry certification identified in the Industry Certification
 1309  Funding List, pursuant to rules adopted by the State Board of
 1310  Education, as determined by the Agency for Workforce Innovation
 1311  under s. 1003.492(2) in a career and professional academy, as
 1312  described in s. 1003.493;
 1313         c. The aggregate scores of all eligible students enrolled
 1314  in the school in College Board Advanced Placement courses,
 1315  International Baccalaureate courses, and Advanced International
 1316  Certificate of Education courses;
 1317         d. Earning of college credit by all eligible students
 1318  enrolled in the school in dual enrollment programs under s.
 1319  1007.271;
 1320         e. Earning of a national an industry certification
 1321  identified in the Industry Certification Funding List, pursuant
 1322  to rules adopted by the State Board of Education, as determined
 1323  by the Agency for Workforce Innovation under s. 1003.492(2) in a
 1324  career and professional academy, as described in s. 1003.493;
 1325         f. The aggregate scores of all eligible students enrolled
 1326  in the school in reading, mathematics, and other subjects as
 1327  measured by the SAT, the ACT, and the common placement test for
 1328  postsecondary readiness;
 1329         g. The high school graduation rate of all eligible at-risk
 1330  students enrolled in the school who scored at Level 2 or lower
 1331  on the grade 8 FCAT Reading and Mathematics examinations;
 1332         h. The performance of the school’s students on statewide
 1333  standardized end-of-course assessments administered under s.
 1334  1008.22; and
 1335         i. The growth or decline in the data components listed in
 1336  sub-subparagraphs a.-h. from year to year.
 1337  
 1338  The State Board of Education shall adopt appropriate criteria
 1339  for each school grade. The criteria must also give added weight
 1340  to student achievement in reading. Schools designated with a
 1341  grade of “C,” making satisfactory progress, shall be required to
 1342  demonstrate that adequate progress has been made by students in
 1343  the school who are in the lowest 25th percentile in reading and,
 1344  mathematics, or writing on the FCAT and end-of-course
 1345  assessments as described in s. 1008.22(3)(c)2.a., unless these
 1346  students are exhibiting satisfactory performance. Beginning with
 1347  the 2009-2010 school year for schools comprised of high school
 1348  grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
 1349  for school grades must also give added weight to the graduation
 1350  rate of all eligible at-risk students, as defined in this
 1351  paragraph. Beginning in the 2009-2010 school year, in order for
 1352  a high school to be designated as having a grade of “A,” making
 1353  excellent progress, the school must demonstrate that at-risk
 1354  students, as defined in this paragraph, in the school are making
 1355  adequate progress.
 1356         Section 12. Subsection (3) of section 1008.341, Florida
 1357  Statutes, is amended to read:
 1358         1008.341 School improvement rating for alternative
 1359  schools.—
 1360         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1361  used in determining an alternative school’s school improvement
 1362  rating shall include:
 1363         (a) The aggregate scores on statewide assessments
 1364  administered under s. 1008.22 for of all eligible students who
 1365  were assigned to and enrolled in the school during the October
 1366  or February FTE count, who have been assessed on the FCAT, and
 1367  who have FCAT or comparable scores for the preceding school
 1368  year.
 1369         (b) The aggregate scores on statewide assessments
 1370  administered under s. 1008.22 for of all eligible students who
 1371  were assigned to and enrolled in the school during the October
 1372  or February FTE count, who have been assessed on the FCAT and
 1373  who have scored in the lowest 25th percentile of students in the
 1374  state on FCAT Reading.
 1375  
 1376  The assessment scores of students who are subject to district
 1377  school board policies for expulsion for repeated or serious
 1378  offenses, who are in dropout retrieval programs serving students
 1379  who have officially been designated as dropouts, or who are in
 1380  programs operated or contracted by the Department of Juvenile
 1381  Justice may not be included in an alternative school’s school
 1382  improvement rating.
 1383         Section 13. Subsection (4) of section 1008.36, Florida
 1384  Statutes, is amended to read:
 1385         1008.36 Florida School Recognition Program.—
 1386         (4) All selected schools shall receive financial awards
 1387  depending on the availability of funds appropriated and the
 1388  number and size of schools selected to receive an award. Funds
 1389  must be distributed to the school’s fiscal agent and placed in
 1390  the school’s account and must be used for purposes listed in
 1391  subsection (5) as determined jointly by the school’s staff and
 1392  school advisory council. If school staff and the school advisory
 1393  council cannot reach agreement by February November 1, the
 1394  awards must be equally distributed to all classroom teachers
 1395  currently teaching in the school. If a school selected to
 1396  receive a school recognition award is no longer in existence at
 1397  the time the award is paid, the district school superintendent
 1398  shall distribute the funds to teachers who taught at the school
 1399  in the previous year in the form of a bonus.
 1400  
 1401  Notwithstanding statutory provisions to the contrary, incentive
 1402  awards are not subject to collective bargaining.
 1403         Section 14. This act shall take effect July 1, 2010.

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