December 13, 2018
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       Florida Senate - 2010                         CS for CS for SB 4
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Education Pre-K - 12; and Senators Detert,
       Thrasher, Wise, Gaetz, Richter, Storms, Peaden, Fasano, Negron,
       Altman, and Baker
       
       576-02993A-10                                            20104c2
    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  the required credit in Algebra I. Beginning with students
  249  entering grade 9 in the 2011-2012 school year, the end-of-course
  250  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  251  met in order for a student to earn the required credit in
  252  geometry. Beginning with students entering grade 9 in the 2012
  253  2013 school year, in addition to the Algebra I and geometry
  254  credit requirements, one of the four credits in mathematics must
  255  be Algebra II or a series of courses equivalent to Algebra II as
  256  approved by the State Board of Education. Beginning with
  257  students entering grade 9 in the 2013-2014 school year, the end
  258  of-course requirements under s. 1008.22(3)(c)2.a.(I) must be met
  259  in order for a student to earn the required credit in Algebra
  260  II. School districts are encouraged to set specific goals to
  261  increase enrollments in, and successful completion of, geometry
  262  and Algebra II.
  263         3. Three credits in science, two of which must have a
  264  laboratory component. Beginning with students entering grade 9
  265  in the 2011-2012 school year, one of the three credits in
  266  science must be Biology I or a series of courses equivalent to
  267  Biology I as approved by the State Board of Education. Beginning
  268  with students entering grade 9 in the 2011-2012 school year, the
  269  end-of-course assessment requirements under s.
  270  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  271  the required credit in Biology I. Beginning with students
  272  entering grade 9 in the 2013-2014 school year, one of the three
  273  credits must be Biology I or a series of courses equivalent to
  274  Biology I as approved by the State Board of Education, one
  275  credit must be chemistry or physics or a series of courses
  276  equivalent to chemistry or physics as approved by the State
  277  Board of Education, and one credit must be an equally rigorous
  278  course, as determined by the State Board of Education. Beginning
  279  with students entering grade 9 in the 2014-2015 school year, the
  280  end-of-course requirements under s. 1008.22(3)(c)2.a.(I) must be
  281  met in order for a student to earn the required credit in
  282  chemistry or physics.
  283         4. Three credits in social studies as follows: one credit
  284  in United States American history; one credit in world history;
  285  one-half credit in economics; and one-half credit in United
  286  States American government.
  287         5. One credit in fine or performing arts, speech and
  288  debate, or a practical arts course that incorporates artistic
  289  content and techniques of creativity, interpretation, and
  290  imagination. Eligible practical arts courses shall be identified
  291  through the Course Code Directory.
  292         6. One credit in physical education to include integration
  293  of health. Participation in an interscholastic sport at the
  294  junior varsity or varsity level for two full seasons shall
  295  satisfy the one-credit requirement in physical education if the
  296  student passes a competency test on personal fitness with a
  297  score of “C” or better. The competency test on personal fitness
  298  must be developed by the Department of Education. A district
  299  school board may not require that the one credit in physical
  300  education be taken during the 9th grade year. Completion of one
  301  semester with a grade of “C” or better in a marching band class,
  302  in a physical activity class that requires participation in
  303  marching band activities as an extracurricular activity, or in a
  304  dance class shall satisfy one-half credit in physical education
  305  or one-half credit in performing arts. This credit may not be
  306  used to satisfy the personal fitness requirement or the
  307  requirement for adaptive physical education under an individual
  308  education plan (IEP) or 504 plan. Completion of 2 years in a
  309  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  310  component of which is drills, shall satisfy the one-credit
  311  requirement in physical education and the one-credit requirement
  312  in performing arts. This credit may not be used to satisfy the
  313  personal fitness requirement or the requirement for adaptive
  314  physical education under an individual education plan (IEP) or
  315  504 plan.
  316         (b) Eight credits in majors, minors, or electives.:
  317         1. Four credits in a major area of interest, such as
  318  sequential courses in a career and technical program, fine and
  319  performing arts, or academic content area, selected by the
  320  student as part of the education plan required by s. 1003.4156.
  321  Students may revise major areas of interest each year as part of
  322  annual course registration processes and should update their
  323  education plan to reflect such revisions. Annually by October 1,
  324  the district school board shall approve major areas of interest
  325  and submit the list of majors to the Commissioner of Education
  326  for approval. Each major area of interest shall be deemed
  327  approved unless specifically rejected by the commissioner within
  328  60 days. Upon approval, each district’s major areas of interest
  329  shall be available for use by all school districts and shall be
  330  posted on the department’s website.
  331         2. Four credits in elective courses selected by the student
  332  as part of the education plan required by s. 1003.4156. These
  333  credits may be combined to allow for a second major area of
  334  interest pursuant to subparagraph 1., a minor area of interest,
  335  elective courses, or intensive reading or mathematics
  336  intervention courses as described in this subparagraph.
  337         a. Minor areas of interest are composed of three credits
  338  selected by the student as part of the education plan required
  339  by s. 1003.4156 and approved by the district school board.
  340         b. Elective courses are selected by the student in order to
  341  pursue a complete education program as described in s.
  342  1001.41(3) and to meet eligibility requirements for
  343  scholarships.
  344         1.c. For each year in which a student scores at Level l on
  345  FCAT Reading, the student must be enrolled in and complete an
  346  intensive reading course the following year. Placement of Level
  347  2 readers in either an intensive reading course or a content
  348  area course in which reading strategies are delivered shall be
  349  determined by diagnosis of reading needs. The department shall
  350  provide guidance on appropriate strategies for diagnosing and
  351  meeting the varying instructional needs of students reading
  352  below grade level. Reading courses shall be designed and offered
  353  pursuant to the comprehensive reading plan required by s.
  354  1011.62(9).
  355         2.d. For each year in which a student scores at Level 1 or
  356  Level 2 on FCAT Mathematics, the student must receive
  357  remediation the following year. These courses may be taught
  358  through applied, integrated, or combined courses and are subject
  359  to approval by the department for inclusion in the Course Code
  360  Directory.
  361         (4) Each district school board shall establish standards
  362  for graduation from its schools, which must include:
  363         (a) Successful completion of the academic credit or
  364  curriculum requirements of subsections (1) and (2). For courses
  365  that require statewide, standardized end–of-course assessments
  366  under s. 1008.22 and standardized end-of-course assessments
  367  under s. 1008.222, passage of the end-of-course assessment.
  368  
  369  Each district school board shall adopt policies designed to
  370  assist students in meeting the requirements of this subsection.
  371  These policies may include, but are not limited to: forgiveness
  372  policies, summer school or before or after school attendance,
  373  special counseling, volunteers or peer tutors, school-sponsored
  374  help sessions, homework hotlines, and study skills classes.
  375  Forgiveness policies for required courses shall be limited to
  376  replacing a grade of “D” or “F,” or the equivalent of a grade of
  377  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  378  a grade of “C” or higher, earned subsequently in the same or
  379  comparable course. Forgiveness policies for elective courses
  380  shall be limited to replacing a grade of “D” or “F,” or the
  381  equivalent of a grade of “D” or “F,” with a grade of “C” or
  382  higher, or the equivalent of a grade of “C” or higher, earned
  383  subsequently in another course. The only exception to these
  384  forgiveness policies shall be made for a student in the middle
  385  grades who takes any high school course for high school credit
  386  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  387  grade of “C,” “D,” or “F.” In such case, the district
  388  forgiveness policy must allow the replacement of the grade with
  389  a grade of “C” or higher, or the equivalent of a grade of “C” or
  390  higher, earned subsequently in the same or comparable course. In
  391  all cases of grade forgiveness, only the new grade shall be used
  392  in the calculation of the student’s grade point average. Any
  393  course grade not replaced according to a district school board
  394  forgiveness policy shall be included in the calculation of the
  395  cumulative grade point average required for graduation.
  396         (8)
  397         (b)1. A student with a disability, as defined in s.
  398  1007.02(2), for whom the individual education plan (IEP)
  399  committee determines that the FCAT cannot accurately measure the
  400  student’s abilities taking into consideration all allowable
  401  accommodations, shall have the FCAT requirement of paragraph
  402  (4)(b) waived for the purpose of receiving a standard high
  403  school diploma, if the student:
  404         a.1. Completes the minimum number of credits and other
  405  requirements prescribed by subsections (1), (2), and (3).
  406         b.2. Does not meet the requirements of paragraph (4)(b)
  407  after one opportunity in 10th grade and one opportunity in 11th
  408  grade.
  409         2.A student with a disability, as defined in s.
  410  1007.02(2), for whom the IEP committee determines that an end
  411  of-course assessment cannot accurately measure the student’s
  412  abilities, taking into consideration all allowable
  413  accommodations and alternate assessments, shall have the end-of
  414  course assessment results waived for the purpose of determining
  415  the student′s course grade and credit as required in paragraph
  416  (4)(a). However, the student is not eligible for a standard high
  417  school diploma. The student is eligible for a special diploma.
  418         Section 4. Subsections (1) and (5), paragraph (c) of
  419  subsection (7), and subsection (8) of section 1003.429, Florida
  420  Statutes, are amended to read:
  421         1003.429 Accelerated high school graduation options.—
  422         (1) Students who enter grade 9 in the 2006-2007 school year
  423  and thereafter may select, upon receipt of each consent required
  424  by this section, one of the following three high school
  425  graduation options:
  426         (a) Completion of the general requirements for high school
  427  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  428         (b) Completion of a 3-year standard college preparatory
  429  program requiring successful completion of a minimum of 18
  430  academic credits in grades 9 through 12. At least 6 of the 18
  431  credits required for completion of this program must be received
  432  in classes that are offered pursuant to the International
  433  Baccalaureate Program, the Advanced Placement Program, dual
  434  enrollment, Advanced International Certificate of Education, or
  435  specifically listed or identified by the Department of Education
  436  as rigorous pursuant to s. 1009.531(3). Beginning with students
  437  entering grade 9 in the 2013-2014 school year, one of the 18
  438  credits must be earned through a virtual instruction course. For
  439  purposes of this paragraph, the term “virtual instruction
  440  course” means a course of instruction provided in an interactive
  441  learning environment created through technology in which
  442  students are separated from their teachers by time or space.
  443  This requirement shall be met through a virtual instruction
  444  course that significantly integrates content aligned to
  445  appropriate state curriculum standards, as determined by the
  446  Department of Education, and for which a standardized end-of
  447  course assessment, as approved by the department, is
  448  administered. A student who is enrolled in a full-time virtual
  449  instruction program under s. 1002.45 meets this requirement. The
  450  18 credits required for completion of this program shall be
  451  primary requirements and shall be distributed as follows:
  452         1. Four credits in English, with major concentration in
  453  composition and literature;
  454         2. Three credits and, beginning with students entering
  455  grade 9 in the 2010-2011 school year, four credits in
  456  mathematics at the Algebra I level or higher from the list of
  457  courses that qualify for state university admission. Beginning
  458  with students entering grade 9 in the 2010-2011 school year, in
  459  addition to the Algebra I credit requirement, one of the four
  460  credits in mathematics must be geometry or a series of courses
  461  equivalent to geometry as approved by the State Board of
  462  Education. Beginning with students entering grade 9 in the 2010
  463  2011 school year, the end-of-course assessment requirements
  464  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  465  to earn the required credit in Algebra I. Beginning with
  466  students entering grade 9 in the 2011-2012 school year, the end
  467  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  468  must be met in order for a student to earn the required credit
  469  in geometry. Beginning with students entering grade 9 in the
  470  2012-2013 school year, in addition to the Algebra I and geometry
  471  credit requirements, one of the four credits in mathematics must
  472  be Algebra II or a series of courses equivalent to Algebra II as
  473  approved by the State Board of Education. Beginning with
  474  students entering grade 9 in the 2013-2014 school year, the end
  475  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  476  must be met in order for a student to earn the required credit
  477  in Algebra II;
  478         3. Three credits in natural science, two of which must have
  479  a laboratory component. Beginning with students entering grade 9
  480  in the 2011-2012 school year, one of the three credits in
  481  science must be Biology I or a series of courses equivalent to
  482  Biology I as approved by the State Board of Education. Beginning
  483  with students entering grade 9 in the 2011-2012 school year, the
  484  end-of-course assessment requirements under s.
  485  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  486  the required credit in Biology I. Beginning with students
  487  entering grade 9 in the 2013-2014 school year, one of the three
  488  credits must be Biology I or a series of courses equivalent to
  489  Biology I as approved by the State Board of Education, one
  490  credit must be chemistry or physics or a series of courses
  491  equivalent to chemistry or physics as approved by the State
  492  Board of Education, and one credit must be an equally rigorous
  493  course, as approved by the State Board of Education. Beginning
  494  with students entering grade 9 in the 2013-2014 school year, the
  495  end-of-course assessment requirements under s.
  496  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  497  the required credit in chemistry or physics;
  498         4. Three credits in social sciences, which must include one
  499  credit in United States American history, one credit in world
  500  history, one-half credit in United States American government,
  501  and one-half credit in economics;
  502         5. Two credits in the same second language unless the
  503  student is a native speaker of or can otherwise demonstrate
  504  competency in a language other than English. If the student
  505  demonstrates competency in another language, the student may
  506  replace the language requirement with two credits in other
  507  academic courses; and
  508         6. Three credits in electives and, beginning with students
  509  entering grade 9 in the 2010-2011 school year, two credits in
  510  electives; or
  511         (c) Completion of a 3-year career preparatory program
  512  requiring successful completion of a minimum of 18 academic
  513  credits in grades 9 through 12. Beginning with students entering
  514  grade 9 in the 2013-2014 school year, one of the 18 credits must
  515  be earned through a virtual instruction course. For purposes of
  516  this paragraph, the term “virtual instruction course” means a
  517  course of instruction provided in an interactive learning
  518  environment created through technology in which students are
  519  separated from their teachers by time or space. This requirement
  520  shall be met through a virtual instruction course that
  521  significantly integrates content aligned to appropriate state
  522  curriculum standards, as determined by the Department of
  523  Education, and for which a standardized end-of-course
  524  assessment, as approved by the department, is administered. A
  525  student who is enrolled in a full-time virtual instruction
  526  program under s. 1002.45 meets this requirement. The 18 credits
  527  shall be primary requirements and shall be distributed as
  528  follows:
  529         1. Four credits in English, with major concentration in
  530  composition and literature;
  531         2. Three credits and, beginning with students entering
  532  grade 9 in the 2010-2011 school year, four credits in
  533  mathematics, one of which must be Algebra I. Beginning with
  534  students entering grade 9 in the 2010-2011 school year, in
  535  addition to the Algebra I credit requirement, one of the four
  536  credits in mathematics must be geometry or a series of courses
  537  equivalent to geometry as approved by the State Board of
  538  Education. Beginning with students entering grade 9 in the 2010
  539  2011 school year, the end-of-course assessment requirements
  540  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  541  to earn the required credit in Algebra I. Beginning with
  542  students entering grade 9 in the 2011-2012 school year, the end
  543  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  544  must be met in order for a student to earn the required credit
  545  in geometry. Beginning with students entering grade 9 in the
  546  2012-2013 school year, in addition to the Algebra I and geometry
  547  credit requirements, one of the four credits in mathematics must
  548  be Algebra II or a series of courses equivalent to Algebra II as
  549  approved by the State Board of Education. Beginning with
  550  students entering grade 9 in the 2013-2014 school year, the end
  551  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  552  must be met in order for a student to earn the required credit
  553  in Algebra II;
  554         3. Three credits in natural science, two of which must have
  555  a laboratory component. Beginning with students entering grade 9
  556  in the 2011-2012 school year, one of the three credits in
  557  science must be Biology I or a series of courses equivalent to
  558  Biology I as approved by the State Board of Education. Beginning
  559  with students entering grade 9 in the 2011-2012 school year, the
  560  end-of-course assessment requirements under s.
  561  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  562  the required credit in Biology I. Beginning with students
  563  entering grade 9 in the 2013-2014 school year, one of the three
  564  credits must be Biology I or a series of courses equivalent to
  565  Biology I as approved by the State Board of Education, one
  566  credit must be chemistry or physics or a series of courses
  567  equivalent to chemistry or physics as approved by the State
  568  Board of Education, and one credit must be an equally rigorous
  569  course, as approved by the State Board of Education. Beginning
  570  with students entering grade 9 in the 2013-2014 school year, the
  571  end-of-course assessment requirements under s.
  572  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  573  the required credit in chemistry or physics;
  574         4. Three credits in social sciences, which must include one
  575  credit in United States American history, one credit in world
  576  history, one-half credit in United States American government,
  577  and one-half credit in economics;
  578         5. Three credits in a single vocational or career education
  579  program, three credits in career and technical certificate dual
  580  enrollment courses, or five credits in vocational or career
  581  education courses; and
  582         6. Two credits and, beginning with students entering grade
  583  9 in the 2010-2011 school year, one credit in electives unless
  584  five credits are earned pursuant to subparagraph 5.
  585  
  586  Any student who selected an accelerated graduation program
  587  before July 1, 2004, may continue that program, and all
  588  statutory program requirements that were applicable when the
  589  student made the program choice shall remain applicable to the
  590  student as long as the student continues that program.
  591         (5) District school boards may not establish requirements
  592  for accelerated 3-year high school graduation options in excess
  593  of the requirements in paragraphs (1)(b) and (c). For courses
  594  that require statewide, standardized end–of-course assessments
  595  under s. 1008.22 and standardized end-of-course assessments
  596  under s. 1008.222, passage of the end-of-course assessment.
  597  Students enrolled in the accelerated high school graduation
  598  option are eligible to participate in the Credit Acceleration
  599  Program pursuant to s. 1003.4295(3).
  600         (7) If, at the end of grade 10, a student is not on track
  601  to meet the credit, assessment, or grade-point-average
  602  requirements of the accelerated graduation option selected, the
  603  school shall notify the student and parent of the following:
  604         (c) The right of the student to change to the 4-year
  605  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  606         (8) A student who selected one of the accelerated 3-year
  607  graduation options shall automatically move to the 4-year
  608  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  609  if the student:
  610         (a) Exercises his or her right to change to the 4-year
  611  program;
  612         (b) Fails to earn 5 credits by the end of grade 9 or fails
  613  to earn 11 credits by the end of grade 10;
  614         (c) Does not achieve a score of 3 or higher on the grade 10
  615  FCAT Writing assessment; or
  616         (d) By the end of grade 11 does not meet the requirements
  617  of subsections (1) and (6).
  618         Section 5. Section 1003.4295, Florida Statutes, is created
  619  to read:
  620         1003.4295Acceleration courses.—
  621         (1)Each high school shall advise each student of programs
  622  through which a high school student can earn college credit,
  623  including Advanced Placement, International Baccalaureate,
  624  Advanced International Certificate of Education, dual enrollment
  625  courses, career academy courses, and courses that lead to
  626  national industry certification, as well as the availability of
  627  course offerings through virtual instruction.
  628         (2)Beginning with the 2011-2012 school year, each high
  629  school shall offer an International Baccalaureate Program, an
  630  Advanced International Certificate of Education Program, or a
  631  combination of at least four courses in dual enrollment or
  632  Advanced Placement, including one course each in English,
  633  mathematics, science, and social studies. To meet this
  634  requirement, school districts may provide courses through
  635  virtual instruction, if the virtual course significantly
  636  integrates postsecondary level content for which a student may
  637  earn college credit, as determined by the Department of
  638  Education, and for which a standardized end-of-course
  639  assessment, as approved by the department, is administered.
  640         (3) The Credit Acceleration Program (CAP) is created for
  641  the purpose of allowing a secondary student to earn high school
  642  credit in a course that requires a statewide, standardized end
  643  of-course assessment under s. 1008.22(3)(c) or a standardized
  644  end-of-course assessment under s. 1008.222, if the student
  645  attains a specified score on the assessment. Notwithstanding s.
  646  1003.436, a school district shall award course credit to a
  647  student who is not enrolled in the course, or who has not
  648  completed the course, if the student attains a score indicating
  649  satisfactory performance, as defined in s. 1008.22(3)(c)5., on
  650  the corresponding standardized end-of-course assessment or a
  651  passing score on a standardized assessment under s. 1008.222.
  652  The school district shall permit a student who is not enrolled
  653  in the course, or who has not completed the course, to take the
  654  standardized end-of-course assessment during the regular
  655  administration of the assessment.
  656         Section 6. Paragraph (k) of subsection (4) of section
  657  1003.493, Florida Statutes, is amended to read:
  658         1003.493 Career and professional academies.—
  659         (4) Each career and professional academy must:
  660         (k) Include an evaluation plan developed jointly with the
  661  Department of Education and the local workforce board. The
  662  evaluation plan must include an assessment tool based on
  663  national industry standards, such as the Career Academy National
  664  Standards of Practice, and outcome measures, including, but not
  665  limited to, achievement of national industry certifications
  666  identified in the Industry Certification Funding List, pursuant
  667  to rules adopted by the State Board of Education, graduation
  668  rates, enrollment in postsecondary education, business and
  669  industry satisfaction, employment and earnings, awards of
  670  postsecondary credit and scholarships, and student FCAT
  671  achievement levels and learning gains on statewide assessments
  672  administered under s. 1008.22(3)(c) and standardized assessments
  673  administered under s. 1008.222. The Department of Education
  674  shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
  675  in identifying industry experts to participate in developing and
  676  implementing such assessments.
  677         Section 7. Paragraph (c) of subsection (6) of section
  678  1007.35, Florida Statutes, is amended to read:
  679         1007.35 Florida Partnership for Minority and
  680  Underrepresented Student Achievement.—
  681         (6) The partnership shall:
  682         (c) Provide teacher training and materials that are aligned
  683  with the Next Generation Sunshine State Standards and are
  684  consistent with best theory and practice regarding multiple
  685  learning styles and research on learning, instructional
  686  strategies, instructional design, and classroom assessment.
  687  Curriculum materials must be based on current, accepted, and
  688  essential academic knowledge. Materials for prerequisite courses
  689  should, at a minimum, address the skills assessed on the Florida
  690  Comprehensive Assessment Test (FCAT).
  691         Section 8. Paragraph (c) of subsection (3) and subsections
  692  (6), (9), (10), (11), and (12) of section 1008.22, Florida
  693  Statutes, are amended to read:
  694         1008.22 Student assessment program for public schools.—
  695         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  696  design and implement a statewide program of educational
  697  assessment that provides information for the improvement of the
  698  operation and management of the public schools, including
  699  schools operating for the purpose of providing educational
  700  services to youth in Department of Juvenile Justice programs.
  701  The commissioner may enter into contracts for the continued
  702  administration of the assessment, testing, and evaluation
  703  programs authorized and funded by the Legislature. Contracts may
  704  be initiated in 1 fiscal year and continue into the next and may
  705  be paid from the appropriations of either or both fiscal years.
  706  The commissioner is authorized to negotiate for the sale or
  707  lease of tests, scoring protocols, test scoring services, and
  708  related materials developed pursuant to law. Pursuant to the
  709  statewide assessment program, the commissioner shall:
  710         (c) Develop and implement a student achievement testing
  711  program as follows: known as
  712         1. The Florida Comprehensive Assessment Test (FCAT)
  713  measures as part of the statewide assessment program to measure
  714  a student’s content knowledge and skills in reading, writing,
  715  science, and mathematics. The content knowledge and skills
  716  assessed by the FCAT must be aligned to the core curricular
  717  content established in the Next Generation Sunshine State
  718  Standards. Other content areas may be included as directed by
  719  the commissioner. Comprehensive assessments of reading and
  720  mathematics shall be administered annually in grades 3 through
  721  10 except, beginning with the 2010-2011 school year, the
  722  administration of grade 9 FCAT Mathematics shall be
  723  discontinued, and beginning with the 2011-2012 school year, the
  724  administration of grade 10 FCAT Mathematics shall be
  725  discontinued, except as required for students who have not
  726  attained minimum performance expectations for graduation as
  727  provided in paragraph (9)(c). FCAT Comprehensive assessments of
  728  Writing and FCAT Science shall be administered at least once at
  729  the elementary, middle, and high school levels except, beginning
  730  with the 2011-2012 school year, the administration of FCAT
  731  Science at the high school level shall be discontinued.
  732         2.a. End-of-course assessments for a subject shall may be
  733  administered in addition to the comprehensive assessments
  734  required for that subject under subparagraph 1. this paragraph.
  735  An End-of-course assessments assessment must be rigorous,
  736  statewide, standardized, and developed or approved by the
  737  department. The content knowledge and skills assessed by
  738  comprehensive and end-of-course assessments must be aligned to
  739  the core curricular content established in the Next Generation
  740  Sunshine State Standards.
  741         (I)Statewide, standardized end-of-course assessments in
  742  mathematics shall be administered according to this sub-sub
  743  subparagraph. Beginning with the 2010-2011 school year, all
  744  students enrolled in Algebra I or an equivalent course must take
  745  the Algebra I end-of-course assessment. Students who earned high
  746  school credit in Algebra I while in grades 6 through 8 during
  747  the 2007-2008 through 2009-2010 school years and who have not
  748  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  749  course assessment during the 2010-2011 school year. For students
  750  entering grade 9 during the 2010-2011 school year and who are
  751  enrolled in Algebra I or an equivalent, each student’s
  752  performance on the end-of-course assessment in Algebra I shall
  753  constitute 30 percent of the student’s final course grade.
  754  Beginning with students entering grade 9 in the 2011-2012 school
  755  year, a student who is enrolled in Algebra I or an equivalent
  756  must earn a passing score on the end-of-course assessment in
  757  Algebra I or attain an equivalent score as described in
  758  subsection (11) in order to earn course credit. Beginning with
  759  the 2011-2012 school year, all students enrolled in geometry or
  760  an equivalent course must take the geometry end-of-course
  761  assessment. For students entering grade 9 during the 2011-2012
  762  school year, each student’s performance on the end-of-course
  763  assessment in geometry shall constitute 30 percent of the
  764  student’s final course grade. Beginning with students entering
  765  grade 9 during the 2012-2013 school year, a student must earn a
  766  passing score on the end-of-course assessment in geometry or
  767  attain an equivalent score as described in subsection (11) in
  768  order to earn course credit. Beginning with the 2013-2014 school
  769  year, all students enrolled in Algebra II or an equivalent
  770  course must take the Algebra II end-of-course assessment. For
  771  students entering grade 9 in the 2013-2014 school year, each
  772  student’s performance on the end-of-course assessment in Algebra
  773  II shall constitute 30 percent of the student’s final course
  774  grade. Beginning with students entering grade 9 in the 2014-2015
  775  school year, a student must earn a passing score on the end-of
  776  course assessment in Algebra II in order to earn course credit.
  777         (II)Statewide, standardized end-of-course assessments in
  778  science shall be administered according to this sub-sub
  779  subparagraph. Beginning with the 2011-2012 school year, all
  780  students enrolled in Biology I or an equivalent course must take
  781  the Biology I end-of-course assessment. For the 2011-2012 school
  782  year, each student’s performance on the end-of-course assessment
  783  in Biology I shall constitute 30 percent of the student’s final
  784  course grade. Beginning with students entering grade 9 during
  785  the 2012-2013 school year, a student must earn a passing score
  786  on the end-of-course assessment in Biology I in order to earn
  787  course credit. Beginning with the 2013-2014 school year, all
  788  students enrolled in chemistry or physics or an equivalent
  789  course must take the chemistry or physics end-of-course
  790  assessment. For students entering grade 9 in the 2013-2014
  791  school year, each student’s performance on the end-of-course
  792  assessment in chemistry or physics shall constitute 30 percent
  793  of the student’s final course grade. Beginning with students
  794  entering grade 9 during the 2014-2015 school year, a student
  795  must earn a passing score on the end-of-course assessment in
  796  chemistry or physics in order to earn course credit.
  797         b. The commissioner may select one or more nationally
  798  developed comprehensive examinations, which may include, but
  799  need not be limited to, examinations for a College Board
  800  Advanced Placement course, International Baccalaureate course,
  801  or Advanced International Certificate of Education course, or
  802  industry-approved examinations to earn national industry
  803  certifications identified in the Industry Certification Funding
  804  List, pursuant to rules adopted by the State Board of Education
  805  as defined in s. 1003.492, for use as end-of-course assessments
  806  under this paragraph, if the commissioner determines that the
  807  content knowledge and skills assessed by the examinations meet
  808  or exceed the grade level expectations for the core curricular
  809  content established for the course in the Next Generation
  810  Sunshine State Standards. The commissioner may collaborate with
  811  the American Diploma Project in the adoption or development of
  812  rigorous end-of-course assessments that are aligned to the Next
  813  Generation Sunshine State Standards. The testing program must be
  814  designed as follows:
  815         c.Contingent upon funding provided in the General
  816  Appropriations Act, including the appropriation of funds
  817  received through federal grants, the Commissioner of Education
  818  shall establish an implementation schedule for the development
  819  and administration of additional statewide, standardized end-of
  820  course assessments in English/Language Arts II, earth/space
  821  science, United States history, and world history. Priority
  822  shall be given to the development of end-of-course assessments
  823  in English/Language Arts II. The Commissioner of Education shall
  824  evaluate the feasibility and effect of transitioning from the
  825  grade 9 and grade 10 FCAT Reading and high school level FCAT
  826  Writing to an end-of-course assessment in English/Language Arts
  827  II. The commissioner shall report the results of the evaluation
  828  to the President of the Senate and the Speaker of the House of
  829  Representatives no later than July 1, 2011.
  830         3.1. The testing program tests shall measure student
  831  content knowledge and skills and competencies adopted by the
  832  State Board of Education as specified in paragraph (a) and. The
  833  tests must measure and report student performance proficiency
  834  levels of all students assessed in reading, writing,
  835  mathematics, and science. The commissioner shall provide for the
  836  tests to be developed or obtained, as appropriate, through
  837  contracts and project agreements with private vendors, public
  838  vendors, public agencies, postsecondary educational
  839  institutions, or school districts. The commissioner shall obtain
  840  input with respect to the design and implementation of the
  841  testing program from state educators, assistive technology
  842  experts, and the public.
  843         4.2. The testing program shall be composed of criterion
  844  referenced tests that shall, to the extent determined by the
  845  commissioner, include test items that require the student to
  846  produce information or perform tasks in such a way that the core
  847  content knowledge and skills he or she uses can be measured.
  848         3.Beginning with the 2008-2009 school year, the
  849  commissioner shall discontinue administration of the selected
  850  response test items on the comprehensive assessments of writing.
  851  Beginning with the 2012-2013 school year, the comprehensive
  852  assessments of writing shall be composed of a combination of
  853  selected-response test items, short-response performance tasks,
  854  and extended-response performance tasks, which shall measure a
  855  student’s content knowledge of writing, including, but not
  856  limited to, paragraph and sentence structure, sentence
  857  construction, grammar and usage, punctuation, capitalization,
  858  spelling, parts of speech, verb tense, irregular verbs, subject
  859  verb agreement, and noun-pronoun agreement.
  860         5. FCAT Reading, Mathematics, and Science and all
  861  statewide, standardized end-of-course assessments shall measure
  862  the content knowledge and skills a student has attained on the
  863  assessment by the use of scaled scores and achievement levels.
  864  Achievement levels shall range from 1 through 5, with level 1
  865  being the lowest achievement level, level 5 being the highest
  866  achievement level, and level 3 indicating satisfactory
  867  performance on an assessment. For purposes of FCAT Writing,
  868  student achievement shall be scored using a scale of 1 through 6
  869  and the score earned shall be used in calculating school grades.
  870         4. A score shall be designated for each subject area
  871  tested, below which score a student’s performance is deemed
  872  inadequate. The school districts shall provide appropriate
  873  remedial instruction to students who score below these levels.
  874         6.5.Except as provided in s. 1003.428(8)(b) or s.
  875  1003.43(11)(b), students must earn a passing score on the grade
  876  10 assessment test described in this paragraph or attain
  877  concordant scores as described in subsection (10) in reading,
  878  writing, and mathematics to qualify for a standard high school
  879  diploma. The State Board of Education shall, by rule, designate
  880  a passing score for each part of the grade 10 assessment test
  881  and end-of-course assessments. In establishing passing scores,
  882  the state board shall consider any possible negative impact of
  883  the test on minority students. The State Board of Education
  884  shall adopt rules which specify the passing scores for the grade
  885  10 FCAT. Any rule that has such rules, which have the effect of
  886  raising the required passing scores may, shall apply only to
  887  students taking the assessment grade 10 FCAT for the first time
  888  after the rule is such rules are adopted by the State Board of
  889  Education. Except as otherwise provided in this subparagraph and
  890  as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
  891  must earn a passing score on grade 10 FCAT Reading and grade 10
  892  FCAT Mathematics or attain concordant scores as described in
  893  subsection (10) in order to qualify for a standard high school
  894  diploma.
  895         7.In addition to designating a passing score under
  896  subparagraph 6., the State Board of Education shall also
  897  designate, by rule, a score for each statewide, standardized
  898  end-of-course assessment which indicates that a student is high
  899  achieving and has the potential to meet college-readiness
  900  standards by the time the student graduates from high school.
  901         8.6. Participation in the testing program is mandatory for
  902  all students attending public school, including students served
  903  in Department of Juvenile Justice programs, except as otherwise
  904  prescribed by the commissioner. A student who has not earned
  905  passing scores on the grade 10 FCAT as provided in subparagraph
  906  6. must participate in each retake of the assessment until the
  907  student earns passing scores or achieves scores on a
  908  standardized assessment which are concordant with passing scores
  909  pursuant to subsection (10). If a student does not participate
  910  in the statewide assessment, the district must notify the
  911  student’s parent and provide the parent with information
  912  regarding the implications of such nonparticipation. A parent
  913  must provide signed consent for a student to receive classroom
  914  instructional accommodations that would not be available or
  915  permitted on the statewide assessments and must acknowledge in
  916  writing that he or she understands the implications of such
  917  instructional accommodations. The State Board of Education shall
  918  adopt rules, based upon recommendations of the commissioner, for
  919  the provision of test accommodations for students in exceptional
  920  education programs and for students who have limited English
  921  proficiency. Accommodations that negate the validity of a
  922  statewide assessment are not allowable in the administration of
  923  the FCAT or an end-of-course assessment. However, instructional
  924  accommodations are allowable in the classroom if included in a
  925  student’s individual education plan. Students using
  926  instructional accommodations in the classroom that are not
  927  allowable as accommodations on the FCAT or an end-of-course
  928  assessment may have the FCAT or an end-of-course assessment
  929  requirement waived pursuant to the requirements of s.
  930  1003.428(8)(b) or s. 1003.43(11)(b).
  931         9.7. A student seeking an adult high school diploma must
  932  meet the same testing requirements that a regular high school
  933  student must meet.
  934         10.8. District school boards must provide instruction to
  935  prepare students to demonstrate proficiency in the core
  936  curricular content established in the Next Generation Sunshine
  937  State Standards adopted under s. 1003.41, including the core
  938  content knowledge and skills necessary for successful grade-to
  939  grade progression and high school graduation. If a student is
  940  provided with instructional accommodations in the classroom that
  941  are not allowable as accommodations in the statewide assessment
  942  program, as described in the test manuals, the district must
  943  inform the parent in writing and must provide the parent with
  944  information regarding the impact on the student’s ability to
  945  meet expected performance proficiency levels in reading,
  946  writing, and mathematics, and science. The commissioner shall
  947  conduct studies as necessary to verify that the required core
  948  curricular content is part of the district instructional
  949  programs.
  950         11.9. District school boards must provide opportunities for
  951  students to demonstrate an acceptable performance level of
  952  performance on an alternative standardized assessment approved
  953  by the State Board of Education following enrollment in summer
  954  academies.
  955         12.10. The Department of Education must develop, or select,
  956  and implement a common battery of assessment tools that will be
  957  used in all juvenile justice programs in the state. These tools
  958  must accurately measure the core curricular content established
  959  in the Next Generation Sunshine State Standards.
  960         13.11. For students seeking a special diploma pursuant to
  961  s. 1003.438, the Department of Education must develop or select
  962  and implement an alternate assessment tool that accurately
  963  measures the core curricular content established in the Next
  964  Generation Sunshine State Standards for students with
  965  disabilities under s. 1003.438.
  966         14.12. The Commissioner of Education shall establish
  967  schedules for the administration of statewide assessments and
  968  the reporting of student test results. When establishing the
  969  schedules for the administration of statewide assessments, the
  970  commissioner shall consider the observance of religious and
  971  school holidays. The commissioner shall, by August 1 of each
  972  year, notify each school district in writing and publish on the
  973  department’s Internet website the testing and reporting
  974  schedules for, at a minimum, the school year following the
  975  upcoming school year. The testing and reporting schedules shall
  976  require that:
  977         a. There is the latest possible administration of statewide
  978  assessments and the earliest possible reporting to the school
  979  districts of student test results which is feasible within
  980  available technology and specific appropriations; however, test
  981  results for the FCAT must be made available no later than the
  982  week of June 8. Student results for end-of-course assessments
  983  must be provided no later than 1 week after the school district
  984  completes testing for each course final day of the regular
  985  school year for students.
  986         b. Beginning with the 2010-2011 school year, FCAT Writing a
  987  comprehensive statewide assessment of writing is not
  988  administered earlier than the week of March 1 and a
  989  comprehensive statewide assessment of any other subject is not
  990  administered earlier than the week of April 15.
  991         c. A statewide, standardized end-of-course assessment is
  992  administered during a 3-week period at the end within the last 2
  993  weeks of the course. The commissioner shall select a 3-week
  994  administration period for assessments that meets the intent of
  995  end-of-course assessments and provides student results prior to
  996  the end of the course. School districts shall select one testing
  997  week within the 3-week administration period for each end-of
  998  course assessment. For an end-of-course assessment administered
  999  at the end of the first semester, the commissioner shall
 1000  determine the most appropriate testing dates based on a school
 1001  district’s academic calendar.
 1002  
 1003  The commissioner may, based on collaboration and input from
 1004  school districts, design and implement student testing programs,
 1005  for any grade level and subject area, necessary to effectively
 1006  monitor educational achievement in the state, including the
 1007  measurement of educational achievement of the Next Generation
 1008  Sunshine State Standards for students with disabilities.
 1009  Development and refinement of assessments shall include
 1010  universal design principles and accessibility standards that
 1011  will prevent any unintended obstacles for students with
 1012  disabilities while ensuring the validity and reliability of the
 1013  test. These principles should be applicable to all technology
 1014  platforms and assistive devices available for the assessments.
 1015  The field testing process and psychometric analyses for the
 1016  statewide assessment program must include an appropriate
 1017  percentage of students with disabilities and an evaluation or
 1018  determination of the effect of test items on such students.
 1019         (6) SCHOOL TESTING PROGRAMS.—Each public school shall
 1020  participate in the statewide assessment program in accordance
 1021  with the testing and reporting schedules published by the
 1022  Commissioner of Education under subparagraph (3)(c)14.12. unless
 1023  specifically exempted by state board rule based on serving a
 1024  specialized population for which standardized testing is not
 1025  appropriate. Student performance data shall be analyzed and
 1026  reported to parents, the community, and the state. Student
 1027  performance data shall be used in developing objectives of the
 1028  school improvement plan, evaluation of instructional personnel,
 1029  evaluation of administrative personnel, assignment of staff,
 1030  allocation of resources, acquisition of instructional materials
 1031  and technology, performance-based budgeting, and promotion and
 1032  assignment of students into educational programs. The analysis
 1033  of student performance data also must identify strengths and
 1034  needs in the educational program and trends over time. The
 1035  analysis must be used in conjunction with the budgetary planning
 1036  processes developed pursuant to s. 1008.385 and the development
 1037  of the programs of remediation.
 1038         (9) APPLICABILITY OF TESTING STANDARDS.—
 1039         (a) If the Commissioner of Education revises a statewide
 1040  assessment and the revisions require the State Board of
 1041  Education to modify the assessment’s performance proficiency
 1042  levels or modify the passing scores required for a standard high
 1043  school diploma, until the state board adopts the modifications
 1044  by rule, the commissioner shall use calculations for scoring the
 1045  assessment which adjust student scores on the revised assessment
 1046  for statistical equivalence to student scores on the former
 1047  assessment.
 1048         (b) A student must attain the passing scores on the
 1049  statewide assessment required for a standard high school diploma
 1050  or for high school course credits under sub-sub-subparagraphs
 1051  (3)(c)2.a.(I) and (II) which are in effect at the time the
 1052  student enters grade 9. If a student transfers into a high
 1053  school, the school principal shall determine, in accordance with
 1054  State Board of Education rule, whether the student must take an
 1055  end-of-course assessment in a course for which the student has
 1056  credit that was earned from the previous school if the student’s
 1057  enrollment is continuous.
 1058         (c) If the commissioner revises a statewide assessment and
 1059  the revisions require the State Board of Education to modify the
 1060  passing scores required for a standard high school diploma or
 1061  for high school course credits under sub-sub-subparagraphs
 1062  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
 1063  the state board, discontinue administration of the former
 1064  assessment upon the graduation, based on normal student
 1065  progression, of students participating in the final regular
 1066  administration of the former assessment. The state board shall
 1067  adopt by rule passing scores for the revised assessment which
 1068  are statistically equivalent to passing scores on the
 1069  discontinued assessment for a student required under paragraph
 1070  (b) to attain passing scores on the discontinued assessment.
 1071         (10) CONCORDANT SCORES FOR THE FCAT.—
 1072         (a) The Commissioner State Board of Education shall analyze
 1073  the content and concordant data sets for nationally recognized
 1074  widely used high school achievement tests, including, but not
 1075  limited to, the PSAT, PLAN, SAT, ACT, and College Placement
 1076  Test, to assess if concordant scores for FCAT scores can be
 1077  determined for high school graduation, college placement, and
 1078  scholarship awards. When In cases where content alignment and
 1079  concordant scores can be determined, the Commissioner of
 1080  Education shall adopt those scores as meeting the graduation
 1081  requirement in lieu of achieving the FCAT passing score and may
 1082  adopt those scores as being sufficient to achieve additional
 1083  purposes as determined by rule. Each time that test content or
 1084  scoring procedures change for the FCAT or for a high school
 1085  achievement test for which a concordant score is determined, new
 1086  concordant scores must be determined.
 1087         (b)In order to use a concordant subject area score
 1088  pursuant to this subsection to satisfy the assessment
 1089  requirement for a standard high school diploma as provided in s.
 1090  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
 1091  take each subject area of the grade 10 FCAT a total of three
 1092  times without earning a passing score. The requirements of this
 1093  paragraph shall not apply to a new student who enters the
 1094  Florida public school system in grade 12, who may either achieve
 1095  a passing score on the FCAT or use an approved subject area
 1096  concordant score to fulfill the graduation requirement.
 1097         (b)(c) The State Board of Education may define by rule the
 1098  allowable uses, other than to satisfy the high school graduation
 1099  requirement, for concordant scores as described in this
 1100  subsection. Such uses may include, but need not be limited to,
 1101  achieving appropriate standardized test scores required for the
 1102  awarding of Florida Bright Futures Scholarships and college
 1103  placement.
 1104         (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1105         (a)The Commissioner of Education shall analyze the content
 1106  and equivalent data sets for nationally recognized high school
 1107  achievement tests and industry certification tests under the
 1108  Industry Certification Funding List, pursuant to rules adopted
 1109  by the State Board of Education, including, but not limited to,
 1110  grade 10 FCAT Mathematics retakes until such retakes are
 1111  discontinued pursuant to subsection (9), the PSAT, the PLAN, the
 1112  SAT, the ACT, and the College Placement Test, to assess if
 1113  equivalent scores for end-of-course assessment scores can be
 1114  determined for passage of an end-of-course assessment. When
 1115  content alignment and equivalent scores can be determined, the
 1116  Commissioner of Education shall adopt those scores as meeting
 1117  the requirement to pass the end-of-course assessment and as
 1118  being sufficient to achieve additional purposes as determined by
 1119  rule. Each time that assessment content or scoring procedures
 1120  change for an end-of-course assessment or for a high school
 1121  achievement test or an industry certification test under the
 1122  Industry Certification Funding List, pursuant to rules adopted
 1123  by the State Board of Education for which an equivalent score is
 1124  determined, new equivalent scores must be determined.
 1125         (b)Use of an equivalent score adopted by the State Board
 1126  of Education under paragraph (a) for purposes of grade
 1127  adjustment, grade forgiveness, or course credit recovery is
 1128  contingent upon and subject to district school board rules.
 1129         (12)(11) REPORTS.—The Department of Education shall
 1130  annually provide a report to the Governor, the President of the
 1131  Senate, and the Speaker of the House of Representatives on the
 1132  following:
 1133         (a) Longitudinal performance of students in mathematics and
 1134  reading.
 1135         (b) Longitudinal performance of students by grade level in
 1136  mathematics and reading.
 1137         (c) Longitudinal performance regarding efforts to close the
 1138  achievement gap.
 1139         (d) Other student performance data based on national norm
 1140  referenced and criterion-referenced tests, when available, and
 1141  numbers of students who after 8th grade enroll in adult
 1142  education rather than other secondary education.
 1143         (13)(12) RULES.—The State Board of Education shall adopt
 1144  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1145  provisions of this section.
 1146         Section 9. Paragraph (a) of subsection (4) of section
 1147  1008.25, Florida Statutes, is amended to read:
 1148         1008.25 Public school student progression; remedial
 1149  instruction; reporting requirements.—
 1150         (4) ASSESSMENT AND REMEDIATION.—
 1151         (a) Each student must participate in the statewide
 1152  assessment tests required by s. 1008.22. Each student who does
 1153  not meet specific levels of performance as determined by the
 1154  district school board in FCAT reading, writing, science, and
 1155  mathematics for each grade level, or who scores below Level 3 in
 1156  FCAT reading or FCAT mathematics math, must be provided with
 1157  additional diagnostic assessments to determine the nature of the
 1158  student’s difficulty, the areas of academic need, and strategies
 1159  for appropriate intervention and instruction as described in
 1160  paragraph (b).
 1161         Section 10. Subsection (3) of section 1008.30, Florida
 1162  Statutes, is amended to read:
 1163         1008.30 Common placement testing for public postsecondary
 1164  education.—
 1165         (3) The State Board of Education shall adopt rules that
 1166  require high schools to evaluate before the beginning of grade
 1167  12 the college readiness of each student who indicates an
 1168  interest in postsecondary education and scores at Level 2 or
 1169  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1170  Level 3, or Level 4 on the mathematics assessments under s.
 1171  1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
 1172  perform this evaluation using results from the corresponding
 1173  component of the common placement test prescribed in this
 1174  section, or an equivalent test identified by the State Board of
 1175  Education. The Department of Education shall purchase or develop
 1176  the assessments necessary to perform the evaluations required by
 1177  this subsection and shall work with the school districts to
 1178  administer the assessments. The State Board of Education shall
 1179  establish by rule the minimum test scores a student must achieve
 1180  to demonstrate readiness. Students who demonstrate readiness by
 1181  achieving the minimum test scores established by the state board
 1182  and enroll in a community college within 2 years of achieving
 1183  such scores shall not be required to enroll in remediation
 1184  courses as a condition of acceptance to any community college.
 1185  The high school shall use the results of the test to advise the
 1186  students of any identified deficiencies and to the maximum
 1187  extent practicable provide 12th grade students access to
 1188  appropriate remedial instruction prior to high school
 1189  graduation. The remedial instruction provided under this
 1190  subsection shall be a collaborative effort between secondary and
 1191  postsecondary educational institutions. To the extent courses
 1192  are available, the Florida Virtual School may be used to provide
 1193  the remedial instruction required by this subsection.
 1194         Section 11. Paragraphs (b) and (c) of subsection (3) of
 1195  section 1008.34, Florida Statutes, are amended to read:
 1196         1008.34 School grading system; school report cards;
 1197  district grade.—
 1198         (3) DESIGNATION OF SCHOOL GRADES.—
 1199         (b)1. A school’s grade shall be based on a combination of:
 1200         a. Student achievement scores, including achievement on all
 1201  FCAT and end-of-course assessments administered under s.
 1202  1008.22(3)(c)1., end-of-course assessments administered under s.
 1203  1008.22(3)(c)2.a., and achievement scores for students seeking a
 1204  special diploma.
 1205         b. Student learning gains in reading and mathematics as
 1206  measured by annual FCAT and end-of-course assessments, as
 1207  described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
 1208  Learning gains for students seeking a special diploma, as
 1209  measured by an alternate assessment tool, shall be included not
 1210  later than the 2009-2010 school year.
 1211         c. Improvement of the lowest 25th percentile of students in
 1212  the school in reading and, mathematics, or writing on the FCAT
 1213  or end-of-course assessments described in s. 1008.22(3)(c)2.a.,
 1214  unless these students are exhibiting satisfactory performance.
 1215         2. Beginning with the 2009-2010 school year for schools
 1216  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1217  11, and 12, 50 percent of the school grade shall be based on a
 1218  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1219  and the remaining 50 percent on the following factors:
 1220         a. The high school graduation rate of the school;
 1221         b. As valid data becomes available, the performance and
 1222  participation of the school’s students in College Board Advanced
 1223  Placement courses, International Baccalaureate courses, dual
 1224  enrollment courses, and Advanced International Certificate of
 1225  Education courses; and the students’ achievement of national
 1226  industry certification identified in the Industry Certification
 1227  Funding List, pursuant to rules adopted by the State Board of
 1228  Education, as determined by the Agency for Workforce Innovation
 1229  under s. 1003.492(2) in a career and professional academy, as
 1230  described in s. 1003.493;
 1231         c. Postsecondary readiness of the school’s students as
 1232  measured by the SAT, ACT, or the common placement test;
 1233         d. The high school graduation rate of at-risk students who
 1234  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1235  Mathematics examinations;
 1236         e. As valid data becomes available, the performance of the
 1237  school’s students on statewide standardized end-of-course
 1238  assessments administered under s. 1008.22 and standardized end
 1239  of-course assessments administered under s. 1008.22(3)(c)2.b.
 1240  and c.; and
 1241         f. The growth or decline in the components listed in sub
 1242  subparagraphs a.-e. from year to year.
 1243         (c) Student assessment data used in determining school
 1244  grades shall include:
 1245         1. The aggregate scores of all eligible students enrolled
 1246  in the school who have been assessed on the FCAT and statewide,
 1247  standardized end-of-course assessments in courses required for
 1248  high school graduation, including, beginning with the 2010-2011
 1249  school year, the end-of-course assessment in Algebra I,
 1250  beginning with the 2011-2012 school year, the end-of-course
 1251  assessments in geometry and Biology, and beginning with the
 1252  2013-2014 school year, the end-of-course assessments in Algebra
 1253  II, chemistry, and physics.
 1254         2. The aggregate scores of all eligible students enrolled
 1255  in the school who have been assessed on the FCAT and end-of
 1256  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1257  have scored at or in the lowest 25th percentile of students in
 1258  the school in reading and, mathematics, or writing, unless these
 1259  students are exhibiting satisfactory performance.
 1260         3. Effective with the 2005-2006 school year, The
 1261  achievement scores and learning gains of eligible students
 1262  attending alternative schools that provide dropout prevention
 1263  and academic intervention services pursuant to s. 1003.53. The
 1264  term “eligible students” in this subparagraph does not include
 1265  students attending an alternative school who are subject to
 1266  district school board policies for expulsion for repeated or
 1267  serious offenses, who are in dropout retrieval programs serving
 1268  students who have officially been designated as dropouts, or who
 1269  are in programs operated or contracted by the Department of
 1270  Juvenile Justice. The student performance data for eligible
 1271  students identified in this subparagraph shall be included in
 1272  the calculation of the home school’s grade. As used in this
 1273  section and s. 1008.341, the term “home school” means the school
 1274  to which the student would be assigned if the student were not
 1275  assigned to an alternative school. If an alternative school
 1276  chooses to be graded under this section, student performance
 1277  data for eligible students identified in this subparagraph shall
 1278  not be included in the home school’s grade but shall be included
 1279  only in the calculation of the alternative school’s grade. A
 1280  school district that fails to assign the FCAT and end-of-course
 1281  assessment as described in s. 1008.22(3)(c)2.a. scores of each
 1282  of its students to his or her home school or to the alternative
 1283  school that receives a grade shall forfeit Florida School
 1284  Recognition Program funds for 1 fiscal year. School districts
 1285  must require collaboration between the home school and the
 1286  alternative school in order to promote student success. This
 1287  collaboration must include an annual discussion between the
 1288  principal of the alternative school and the principal of each
 1289  student’s home school concerning the most appropriate school
 1290  assignment of the student.
 1291         4. Beginning with the 2009-2010 school year For schools
 1292  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1293  11, and 12, the data listed in subparagraphs 1.-3. and the
 1294  following data as the Department of Education determines such
 1295  data are valid and available:
 1296         a. The high school graduation rate of the school as
 1297  calculated by the Department of Education;
 1298         b. The participation rate of all eligible students enrolled
 1299  in the school and enrolled in College Board Advanced Placement
 1300  courses; International Baccalaureate courses; dual enrollment
 1301  courses; Advanced International Certificate of Education
 1302  courses; and courses or sequence of courses leading to national
 1303  industry certification identified in the Industry Certification
 1304  Funding List, pursuant to rules adopted by the State Board of
 1305  Education, as determined by the Agency for Workforce Innovation
 1306  under s. 1003.492(2) in a career and professional academy, as
 1307  described in s. 1003.493;
 1308         c. The aggregate scores of all eligible students enrolled
 1309  in the school in College Board Advanced Placement courses,
 1310  International Baccalaureate courses, and Advanced International
 1311  Certificate of Education courses;
 1312         d. Earning of college credit by all eligible students
 1313  enrolled in the school in dual enrollment programs under s.
 1314  1007.271;
 1315         e. Earning of a national an industry certification
 1316  identified in the Industry Certification Funding List, pursuant
 1317  to rules adopted by the State Board of Education, as determined
 1318  by the Agency for Workforce Innovation under s. 1003.492(2) in a
 1319  career and professional academy, as described in s. 1003.493;
 1320         f. The aggregate scores of all eligible students enrolled
 1321  in the school in reading, mathematics, and other subjects as
 1322  measured by the SAT, the ACT, and the common placement test for
 1323  postsecondary readiness;
 1324         g. The high school graduation rate of all eligible at-risk
 1325  students enrolled in the school who scored at Level 2 or lower
 1326  on the grade 8 FCAT Reading and Mathematics examinations;
 1327         h. The performance of the school’s students on statewide
 1328  standardized end-of-course assessments administered under s.
 1329  1008.22; and
 1330         i. The growth or decline in the data components listed in
 1331  sub-subparagraphs a.-h. from year to year.
 1332  
 1333  The State Board of Education shall adopt appropriate criteria
 1334  for each school grade. The criteria must also give added weight
 1335  to student achievement in reading. Schools designated with a
 1336  grade of “C,” making satisfactory progress, shall be required to
 1337  demonstrate that adequate progress has been made by students in
 1338  the school who are in the lowest 25th percentile in reading and,
 1339  mathematics, or writing on the FCAT and end-of-course
 1340  assessments as described in s. 1008.22(3)(c)2.a., unless these
 1341  students are exhibiting satisfactory performance. Beginning with
 1342  the 2009-2010 school year for schools comprised of high school
 1343  grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
 1344  for school grades must also give added weight to the graduation
 1345  rate of all eligible at-risk students, as defined in this
 1346  paragraph. Beginning in the 2009-2010 school year, in order for
 1347  a high school to be designated as having a grade of “A,” making
 1348  excellent progress, the school must demonstrate that at-risk
 1349  students, as defined in this paragraph, in the school are making
 1350  adequate progress.
 1351         Section 12. Subsection (3) of section 1008.341, Florida
 1352  Statutes, is amended to read:
 1353         1008.341 School improvement rating for alternative
 1354  schools.—
 1355         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1356  used in determining an alternative school’s school improvement
 1357  rating shall include:
 1358         (a) The aggregate scores on statewide assessments
 1359  administered under s. 1008.22 for of all eligible students who
 1360  were assigned to and enrolled in the school during the October
 1361  or February FTE count, who have been assessed on the FCAT, and
 1362  who have FCAT or comparable scores for the preceding school
 1363  year.
 1364         (b) The aggregate scores on statewide assessments
 1365  administered under s. 1008.22 for of all eligible students who
 1366  were assigned to and enrolled in the school during the October
 1367  or February FTE count, who have been assessed on the FCAT and
 1368  who have scored in the lowest 25th percentile of students in the
 1369  state on FCAT Reading.
 1370  
 1371  The assessment scores of students who are subject to district
 1372  school board policies for expulsion for repeated or serious
 1373  offenses, who are in dropout retrieval programs serving students
 1374  who have officially been designated as dropouts, or who are in
 1375  programs operated or contracted by the Department of Juvenile
 1376  Justice may not be included in an alternative school’s school
 1377  improvement rating.
 1378         Section 13. Subsection (4) of section 1008.36, Florida
 1379  Statutes, is amended to read:
 1380         1008.36 Florida School Recognition Program.—
 1381         (4) All selected schools shall receive financial awards
 1382  depending on the availability of funds appropriated and the
 1383  number and size of schools selected to receive an award. Funds
 1384  must be distributed to the school’s fiscal agent and placed in
 1385  the school’s account and must be used for purposes listed in
 1386  subsection (5) as determined jointly by the school’s staff and
 1387  school advisory council. If school staff and the school advisory
 1388  council cannot reach agreement by February November 1, the
 1389  awards must be equally distributed to all classroom teachers
 1390  currently teaching in the school. If a school selected to
 1391  receive a school recognition award is no longer in existence at
 1392  the time the award is paid, the district school superintendent
 1393  shall distribute the funds to teachers who taught at the school
 1394  in the previous year in the form of a bonus.
 1395  
 1396  Notwithstanding statutory provisions to the contrary, incentive
 1397  awards are not subject to collective bargaining.
 1398         Section 14. This act shall take effect July 1, 2010.

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