January 20, 2018
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       CS for CS for SB 4                               First Engrossed
       
       
       
       
       
       
       
       
       20104e1
       
    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; requiring that the Office of Program Policy
   92         Analysis and Government Accountability conduct a study
   93         on the different types of high school diplomas offered
   94         in other states; requiring that the study be submitted
   95         to the Governor and the Legislature by a specified
   96         date; providing an effective date.
   97  
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Paragraph (d) of subsection (3) and subsections
  101  (4) and (5) of section 1003.413, Florida Statutes, are amended
  102  to read:
  103         1003.413 Florida Secondary School Redesign Act.—
  104         (3) Based on these guiding principles, district school
  105  boards shall establish policies to implement the requirements of
  106  ss. 1003.4156, 1003.428, and 1003.493. The policies must
  107  address:
  108         (d) Credit recovery courses and intensive reading and
  109  mathematics intervention courses based on student performance on
  110  the FCAT Reading and Mathematics. These courses should be
  111  competency based and offered through innovative delivery
  112  systems, including computer-assisted instruction. School
  113  districts should use learning gains as well as other appropriate
  114  data and provide incentives to identify and reward high
  115  performing teachers who teach credit recovery and intensive
  116  intervention courses.
  117         (4) In order to support the successful implementation of
  118  this section by district school boards, the Department of
  119  Education shall:
  120         (a)By February 1, 2007, increase the number of approved
  121  applied, integrated, and combined courses available to school
  122  districts.
  123         (b)By the beginning of the 2006-2007 school year, make
  124  available a professional development package designed to provide
  125  the information that content area teachers need to become
  126  proficient in applying scientifically based reading strategies
  127  through their content areas.
  128         (a)(c) Share best practices for providing a complete
  129  education program to students enrolled in course recovery,
  130  credit recovery, intensive reading intervention, or intensive
  131  mathematics intervention.
  132         (b)(d) Expedite assistance and decisions and coordinate
  133  policies throughout all divisions within the department to
  134  provide school districts with support to implement this section.
  135         (e)Use data to provide the Legislature with an annual
  136  longitudinal analysis of the success of this reform effort,
  137  including the progress of 6th grade students and 9th grade
  138  students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
  139         (5)The Commissioner of Education shall create and
  140  implement the Secondary School Improvement Award Program to
  141  reward public secondary schools that demonstrate continuous
  142  student academic improvement and show the greatest gains in
  143  student academic achievement in reading and mathematics.
  144         Section 2. Paragraph (a) of subsection (1) of section
  145  1003.4156, Florida Statutes, is amended to read:
  146         1003.4156 General requirements for middle grades
  147  promotion.—
  148         (1) Beginning with students entering grade 6 in the 2006
  149  2007 school year, promotion from a school composed of middle
  150  grades 6, 7, and 8 requires that:
  151         (a) The student must successfully complete academic courses
  152  as follows:
  153         1. Three middle school or higher courses in English. These
  154  courses shall emphasize literature, composition, and technical
  155  text.
  156         2. Three middle school or higher courses in mathematics.
  157  Each middle school must offer at least one high school level
  158  mathematics course for which students may earn high school
  159  credit. Successful completion of a high school level Algebra I
  160  or geometry course is not contingent upon the student’s
  161  performance on the end-of-course assessment required under s.
  162  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  163  school year, to earn high school credit for an Algebra I course,
  164  a middle school student must pass the Algebra I end-of-course
  165  assessment, and beginning with the 2012-2013 school year, to
  166  earn high school credit for a geometry course, a middle school
  167  student must pass the geometry end-of-course assessment.
  168         3. Three middle school or higher courses in social studies,
  169  one semester of which must include the study of state and
  170  federal government and civics education.
  171         4. Three middle school or higher courses in science.
  172  Successful completion of a high school level Biology I course is
  173  not contingent upon the student’s performance on the end-of
  174  course assessment required under s. 1008.22(3)(c)2.a.(II).
  175  However, beginning with the 2012-2013 school year, to earn high
  176  school credit for a Biology I course, a middle school student
  177  must pass the Biology I end-of-course assessment.
  178         5. One course in career and education planning to be
  179  completed in 7th or 8th grade. The course may be taught by any
  180  member of the instructional staff; must include career
  181  exploration using Florida CHOICES for the 21st Century or a
  182  comparable cost-effective program; must include educational
  183  planning using the online student advising system known as
  184  Florida Academic Counseling and Tracking for Students at the
  185  Internet website FACTS.org; and shall result in the completion
  186  of a personalized academic and career plan. The required
  187  personalized academic and career plan must inform students of
  188  high school graduation requirements, high school assessment and
  189  college entrance test requirements, Florida Bright Futures
  190  Scholarship Program requirements, state university and Florida
  191  college admission requirements, and programs through which a
  192  high school student can earn college credit, including Advanced
  193  Placement, International Baccalaureate, Advanced International
  194  Certificate of Education, dual enrollment, career academy
  195  opportunities, and courses that lead to national industry
  196  certification.
  197  
  198  Each school must hold a parent meeting either in the evening or
  199  on a weekend to inform parents about the course curriculum and
  200  activities. Each student shall complete an electronic personal
  201  education plan that must be signed by the student; the student’s
  202  instructor, guidance counselor, or academic advisor; and the
  203  student’s parent. By January 1, 2007, The Department of
  204  Education shall develop course frameworks and professional
  205  development materials for the career exploration and education
  206  planning course. The course may be implemented as a stand-alone
  207  course or integrated into another course or courses. The
  208  Commissioner of Education shall collect longitudinal high school
  209  course enrollment data by student ethnicity in order to analyze
  210  course-taking patterns.
  211         Section 3. Subsections (1) and (2), paragraph (a) of
  212  subsection (4), and paragraph (b) of subsection (8) of section
  213  1003.428, Florida Statutes, are amended to read:
  214         1003.428 General requirements for high school graduation;
  215  revised.—
  216         (1) Except as otherwise authorized pursuant to s. 1003.429,
  217  beginning with students entering grade 9 their first year of
  218  high school in the 2007-2008 school year, graduation requires
  219  the successful completion of a minimum of 24 credits, an
  220  International Baccalaureate curriculum, or an Advanced
  221  International Certificate of Education curriculum. Students must
  222  be advised of eligibility requirements for state scholarship
  223  programs and postsecondary admissions.
  224         (2) The 24 credits may be earned through applied,
  225  integrated, and combined courses approved by the Department of
  226  Education. Beginning with students entering grade 9 in the 2013
  227  2014 school year, one of the 24 credits must be earned through a
  228  virtual instruction course. For purposes of this subsection, the
  229  term “virtual instruction course” means a course of instruction
  230  provided in an interactive learning environment created through
  231  technology in which students are separated from their teachers
  232  by time or space. This requirement shall be met through a
  233  virtual instruction course that significantly integrates content
  234  aligned to appropriate state curriculum standards, as determined
  235  by the Department of Education, and for which a standardized
  236  end-of-course assessment, as approved by the department, is
  237  administered. A student who is enrolled in a full-time virtual
  238  instruction program under s. 1002.45 meets this requirement. The
  239  24 credits and shall be distributed as follows:
  240         (a) Sixteen core curriculum credits:
  241         1. Four credits in English, with major concentration in
  242  composition, reading for information, and literature.
  243         2. Four credits in mathematics, one of which must be
  244  Algebra I, a series of courses equivalent to Algebra I, or a
  245  higher-level mathematics course. Beginning with students
  246  entering grade 9 in the 2010-2011 school year, in addition to
  247  the Algebra I credit requirement, one of the four credits in
  248  mathematics must be geometry or a series of courses equivalent
  249  to geometry as approved by the State Board of Education.
  250  Beginning with students entering grade 9 in the 2010-2011 school
  251  year, the end-of-course assessment requirements under s.
  252  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  253  the required credit in Algebra I. Beginning with students
  254  entering grade 9 in the 2011-2012 school year, the end-of-course
  255  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  256  met in order for a student to earn the required credit in
  257  geometry. Beginning with students entering grade 9 in the 2012
  258  2013 school year, in addition to the Algebra I and geometry
  259  credit requirements, one of the four credits in mathematics must
  260  be Algebra II or a series of courses equivalent to Algebra II as
  261  approved by the State Board of Education. 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.
  280         4. Three credits in social studies as follows: one credit
  281  in United States American history; one credit in world history;
  282  one-half credit in economics; and one-half credit in United
  283  States American government.
  284         5. One credit in fine or performing arts, speech and
  285  debate, or a practical arts course that incorporates artistic
  286  content and techniques of creativity, interpretation, and
  287  imagination. Eligible practical arts courses shall be identified
  288  through the Course Code Directory.
  289         6. One credit in physical education to include integration
  290  of health. Participation in an interscholastic sport at the
  291  junior varsity or varsity level for two full seasons shall
  292  satisfy the one-credit requirement in physical education if the
  293  student passes a competency test on personal fitness with a
  294  score of “C” or better. The competency test on personal fitness
  295  must be developed by the Department of Education. A district
  296  school board may not require that the one credit in physical
  297  education be taken during the 9th grade year. Completion of one
  298  semester with a grade of “C” or better in a marching band class,
  299  in a physical activity class that requires participation in
  300  marching band activities as an extracurricular activity, or in a
  301  dance class shall satisfy one-half credit in physical education
  302  or one-half credit in performing arts. This credit may not be
  303  used to satisfy the personal fitness requirement or the
  304  requirement for adaptive physical education under an individual
  305  education plan (IEP) or 504 plan. Completion of 2 years in a
  306  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  307  component of which is drills, shall satisfy the one-credit
  308  requirement in physical education and the one-credit requirement
  309  in performing arts. This credit may not be used to satisfy the
  310  personal fitness requirement or the requirement for adaptive
  311  physical education under an individual education plan (IEP) or
  312  504 plan.
  313         (b) Eight credits in majors, minors, or electives.:
  314         1. Four credits in a major area of interest, such as
  315  sequential courses in a career and technical program, fine and
  316  performing arts, or academic content area, selected by the
  317  student as part of the education plan required by s. 1003.4156.
  318  Students may revise major areas of interest each year as part of
  319  annual course registration processes and should update their
  320  education plan to reflect such revisions. Annually by October 1,
  321  the district school board shall approve major areas of interest
  322  and submit the list of majors to the Commissioner of Education
  323  for approval. Each major area of interest shall be deemed
  324  approved unless specifically rejected by the commissioner within
  325  60 days. Upon approval, each district’s major areas of interest
  326  shall be available for use by all school districts and shall be
  327  posted on the department’s website.
  328         2. Four credits in elective courses selected by the student
  329  as part of the education plan required by s. 1003.4156. These
  330  credits may be combined to allow for a second major area of
  331  interest pursuant to subparagraph 1., a minor area of interest,
  332  elective courses, or intensive reading or mathematics
  333  intervention courses as described in this subparagraph.
  334         a. Minor areas of interest are composed of three credits
  335  selected by the student as part of the education plan required
  336  by s. 1003.4156 and approved by the district school board.
  337         b. Elective courses are selected by the student in order to
  338  pursue a complete education program as described in s.
  339  1001.41(3) and to meet eligibility requirements for
  340  scholarships.
  341         1.c. For each year in which a student scores at Level l on
  342  FCAT Reading, the student must be enrolled in and complete an
  343  intensive reading course the following year. Placement of Level
  344  2 readers in either an intensive reading course or a content
  345  area course in which reading strategies are delivered shall be
  346  determined by diagnosis of reading needs. The department shall
  347  provide guidance on appropriate strategies for diagnosing and
  348  meeting the varying instructional needs of students reading
  349  below grade level. Reading courses shall be designed and offered
  350  pursuant to the comprehensive reading plan required by s.
  351  1011.62(9).
  352         2.d. For each year in which a student scores at Level 1 or
  353  Level 2 on FCAT Mathematics, the student must receive
  354  remediation the following year. These courses may be taught
  355  through applied, integrated, or combined courses and are subject
  356  to approval by the department for inclusion in the Course Code
  357  Directory.
  358         (4) Each district school board shall establish standards
  359  for graduation from its schools, which must include:
  360         (a) Successful completion of the academic credit or
  361  curriculum requirements of subsections (1) and (2). For courses
  362  that require statewide, standardized end–of-course assessments
  363  under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
  364  student’s course grade shall be comprised of performance on the
  365  statewide, standardized end-of-course assessment.
  366  
  367  Each district school board shall adopt policies designed to
  368  assist students in meeting the requirements of this subsection.
  369  These policies may include, but are not limited to: forgiveness
  370  policies, summer school or before or after school attendance,
  371  special counseling, volunteers or peer tutors, school-sponsored
  372  help sessions, homework hotlines, and study skills classes.
  373  Forgiveness policies for required courses shall be limited to
  374  replacing a grade of “D” or “F,” or the equivalent of a grade of
  375  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  376  a grade of “C” or higher, earned subsequently in the same or
  377  comparable course. Forgiveness policies for elective courses
  378  shall be limited to replacing a grade of “D” or “F,” or the
  379  equivalent of a grade of “D” or “F,” with a grade of “C” or
  380  higher, or the equivalent of a grade of “C” or higher, earned
  381  subsequently in another course. The only exception to these
  382  forgiveness policies shall be made for a student in the middle
  383  grades who takes any high school course for high school credit
  384  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  385  grade of “C,” “D,” or “F.” In such case, the district
  386  forgiveness policy must allow the replacement of the grade with
  387  a grade of “C” or higher, or the equivalent of a grade of “C” or
  388  higher, earned subsequently in the same or comparable course. In
  389  all cases of grade forgiveness, only the new grade shall be used
  390  in the calculation of the student’s grade point average. Any
  391  course grade not replaced according to a district school board
  392  forgiveness policy shall be included in the calculation of the
  393  cumulative grade point average required for graduation.
  394         (8)
  395         (b)1. A student with a disability, as defined in s.
  396  1007.02(2), for whom the individual education plan (IEP)
  397  committee determines that the FCAT cannot accurately measure the
  398  student’s abilities taking into consideration all allowable
  399  accommodations, shall have the FCAT requirement of paragraph
  400  (4)(b) waived for the purpose of receiving a standard high
  401  school diploma, if the student:
  402         a.1. Completes the minimum number of credits and other
  403  requirements prescribed by subsections (1), (2), and (3).
  404         b.2. Does not meet the requirements of paragraph (4)(b)
  405  after one opportunity in 10th grade and one opportunity in 11th
  406  grade.
  407         2.A student with a disability, as defined in s.
  408  1007.02(2), for whom the IEP committee determines that an end
  409  of-course assessment cannot accurately measure the student’s
  410  abilities, taking into consideration all allowable
  411  accommodations and alternate assessments, shall have the end-of
  412  course assessment results waived for the purpose of determining
  413  the student′s course grade and credit as required in paragraph
  414  (4)(a). However, the student is not eligible for a standard high
  415  school diploma. The student is eligible for a special diploma.
  416         Section 4. Subsections (1) and (5), paragraph (c) of
  417  subsection (7), and subsection (8) of section 1003.429, Florida
  418  Statutes, are amended to read:
  419         1003.429 Accelerated high school graduation options.—
  420         (1) Students who enter grade 9 in the 2006-2007 school year
  421  and thereafter may select, upon receipt of each consent required
  422  by this section, one of the following three high school
  423  graduation options:
  424         (a) Completion of the general requirements for high school
  425  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  426         (b) Completion of a 3-year standard college preparatory
  427  program requiring successful completion of a minimum of 18
  428  academic credits in grades 9 through 12. At least 6 of the 18
  429  credits required for completion of this program must be received
  430  in classes that are offered pursuant to the International
  431  Baccalaureate Program, the Advanced Placement Program, dual
  432  enrollment, Advanced International Certificate of Education, or
  433  specifically listed or identified by the Department of Education
  434  as rigorous pursuant to s. 1009.531(3). Beginning with students
  435  entering grade 9 in the 2013-2014 school year, one of the 18
  436  credits must be earned through a virtual instruction course. For
  437  purposes of this paragraph, the term “virtual instruction
  438  course” means a course of instruction provided in an interactive
  439  learning environment created through technology in which
  440  students are separated from their teachers by time or space.
  441  This requirement shall be met through a virtual instruction
  442  course that significantly integrates content aligned to
  443  appropriate state curriculum standards, as determined by the
  444  Department of Education, and for which a standardized end-of
  445  course assessment, as approved by the department, is
  446  administered. A student who is enrolled in a full-time virtual
  447  instruction program under s. 1002.45 meets this requirement. The
  448  18 credits required for completion of this program shall be
  449  primary requirements and shall be distributed as follows:
  450         1. Four credits in English, with major concentration in
  451  composition and literature;
  452         2. Three credits and, beginning with students entering
  453  grade 9 in the 2010-2011 school year, four credits in
  454  mathematics at the Algebra I level or higher from the list of
  455  courses that qualify for state university admission. Beginning
  456  with students entering grade 9 in the 2010-2011 school year, in
  457  addition to the Algebra I credit requirement, one of the four
  458  credits in mathematics must be geometry or a series of courses
  459  equivalent to geometry as approved by the State Board of
  460  Education. Beginning with students entering grade 9 in the 2010
  461  2011 school year, the end-of-course assessment requirements
  462  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  463  to earn the required credit in Algebra I. Beginning with
  464  students entering grade 9 in the 2011-2012 school year, the end
  465  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  466  must be met in order for a student to earn the required credit
  467  in geometry. Beginning with students entering grade 9 in the
  468  2012-2013 school year, in addition to the Algebra I and geometry
  469  credit requirements, one of the four credits in mathematics must
  470  be Algebra II or a series of courses equivalent to Algebra II as
  471  approved by the State Board of Education;
  472         3. Three credits in natural science, two of which must have
  473  a laboratory component. Beginning with students entering grade 9
  474  in the 2011-2012 school year, one of the three credits in
  475  science must be Biology I or a series of courses equivalent to
  476  Biology I as approved by the State Board of Education. Beginning
  477  with students entering grade 9 in the 2011-2012 school year, the
  478  end-of-course assessment requirements under s.
  479  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  480  the required credit in Biology I. Beginning with students
  481  entering grade 9 in the 2013-2014 school year, one of the three
  482  credits must be Biology I or a series of courses equivalent to
  483  Biology I as approved by the State Board of Education, one
  484  credit must be chemistry or physics or a series of courses
  485  equivalent to chemistry or physics as approved by the State
  486  Board of Education, and one credit must be an equally rigorous
  487  course, as approved by the State Board of Education;
  488         4. Three credits in social sciences, which must include one
  489  credit in United States American history, one credit in world
  490  history, one-half credit in United States American government,
  491  and one-half credit in economics;
  492         5. Two credits in the same second language unless the
  493  student is a native speaker of or can otherwise demonstrate
  494  competency in a language other than English. If the student
  495  demonstrates competency in another language, the student may
  496  replace the language requirement with two credits in other
  497  academic courses; and
  498         6. Three credits in electives and, beginning with students
  499  entering grade 9 in the 2010-2011 school year, two credits in
  500  electives; or
  501         (c) Completion of a 3-year career preparatory program
  502  requiring successful completion of a minimum of 18 academic
  503  credits in grades 9 through 12. Beginning with students entering
  504  grade 9 in the 2013-2014 school year, one of the 18 credits must
  505  be earned through a virtual instruction course. For purposes of
  506  this paragraph, the term “virtual instruction course” means a
  507  course of instruction provided in an interactive learning
  508  environment created through technology in which students are
  509  separated from their teachers by time or space. This requirement
  510  shall be met through a virtual instruction course that
  511  significantly integrates content aligned to appropriate state
  512  curriculum standards, as determined by the Department of
  513  Education, and for which a standardized end-of-course
  514  assessment, as approved by the department, is administered. A
  515  student who is enrolled in a full-time virtual instruction
  516  program under s. 1002.45 meets this requirement. The 18 credits
  517  shall be primary requirements and shall be distributed as
  518  follows:
  519         1. Four credits in English, with major concentration in
  520  composition and literature;
  521         2. Three credits and, beginning with students entering
  522  grade 9 in the 2010-2011 school year, four credits in
  523  mathematics, one of which must be Algebra I. Beginning with
  524  students entering grade 9 in the 2010-2011 school year, in
  525  addition to the Algebra I credit requirement, one of the four
  526  credits in mathematics must be geometry or a series of courses
  527  equivalent to geometry as approved by the State Board of
  528  Education. Beginning with students entering grade 9 in the 2010
  529  2011 school year, the end-of-course assessment requirements
  530  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  531  to earn the required credit in Algebra I. Beginning with
  532  students entering grade 9 in the 2011-2012 school year, the end
  533  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  534  must be met in order for a student to earn the required credit
  535  in geometry. Beginning with students entering grade 9 in the
  536  2012-2013 school year, in addition to the Algebra I and geometry
  537  credit requirements, one of the four credits in mathematics must
  538  be Algebra II or a series of courses equivalent to Algebra II as
  539  approved by the State Board of Education;
  540         3. Three credits in natural science, two of which must have
  541  a laboratory component. Beginning with students entering grade 9
  542  in the 2011-2012 school year, one of the three credits in
  543  science must be Biology I or a series of courses equivalent to
  544  Biology I as approved by the State Board of Education. Beginning
  545  with students entering grade 9 in the 2011-2012 school year, the
  546  end-of-course assessment requirements under s.
  547  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  548  the required credit in Biology I. Beginning with students
  549  entering grade 9 in the 2013-2014 school year, one of the three
  550  credits must be Biology I or a series of courses equivalent to
  551  Biology I as approved by the State Board of Education, one
  552  credit must be chemistry or physics or a series of courses
  553  equivalent to chemistry or physics as approved by the State
  554  Board of Education, and one credit must be an equally rigorous
  555  course, as approved by the State Board of Education;
  556         4. Three credits in social sciences, which must include one
  557  credit in United States American history, one credit in world
  558  history, one-half credit in United States American government,
  559  and one-half credit in economics;
  560         5. Three credits in a single vocational or career education
  561  program, three credits in career and technical certificate dual
  562  enrollment courses, or five credits in vocational or career
  563  education courses; and
  564         6. Two credits and, beginning with students entering grade
  565  9 in the 2010-2011 school year, one credit in electives unless
  566  five credits are earned pursuant to subparagraph 5.
  567  
  568  Any student who selected an accelerated graduation program
  569  before July 1, 2004, may continue that program, and all
  570  statutory program requirements that were applicable when the
  571  student made the program choice shall remain applicable to the
  572  student as long as the student continues that program.
  573         (5) District school boards may not establish requirements
  574  for accelerated 3-year high school graduation options in excess
  575  of the requirements in paragraphs (1)(b) and (c). For courses
  576  that require statewide, standardized end–of-course assessments
  577  under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
  578  student’s course grade shall be comprised of performance on the
  579  statewide, standardized end-of-course assessment.
  580         (7) If, at the end of grade 10, a student is not on track
  581  to meet the credit, assessment, or grade-point-average
  582  requirements of the accelerated graduation option selected, the
  583  school shall notify the student and parent of the following:
  584         (c) The right of the student to change to the 4-year
  585  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  586         (8) A student who selected one of the accelerated 3-year
  587  graduation options shall automatically move to the 4-year
  588  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  589  if the student:
  590         (a) Exercises his or her right to change to the 4-year
  591  program;
  592         (b) Fails to earn 5 credits by the end of grade 9 or fails
  593  to earn 11 credits by the end of grade 10;
  594         (c) Does not achieve a score of 3 or higher on the grade 10
  595  FCAT Writing assessment; or
  596         (d) By the end of grade 11 does not meet the requirements
  597  of subsections (1) and (6).
  598         Section 5. Section 1003.4295, Florida Statutes, is created
  599  to read:
  600         1003.4295 Acceleration courses.—
  601         (1) Each high school shall advise each student of programs
  602  through which a high school student can earn college credit,
  603  including Advanced Placement, International Baccalaureate,
  604  Advanced International Certificate of Education, dual enrollment
  605  courses, career academy courses, and courses that lead to
  606  national industry certification, as well as the availability of
  607  course offerings through virtual instruction.
  608         (2) Beginning with the 2011-2012 school year, each high
  609  school shall offer an International Baccalaureate Program, an
  610  Advanced International Certificate of Education Program, or a
  611  combination of at least four courses in dual enrollment or
  612  Advanced Placement, including one course each in English,
  613  mathematics, science, and social studies. To meet this
  614  requirement, school districts may provide courses through
  615  virtual instruction, if the virtual course significantly
  616  integrates postsecondary level content for which a student may
  617  earn college credit, as determined by the Department of
  618  Education, and for which a standardized end-of-course
  619  assessment, as approved by the department, is administered.
  620         (3) The Credit Acceleration Program (CAP) is created for
  621  the purpose of allowing a secondary student to earn high school
  622  credit in a course that requires a statewide, standardized end
  623  of-course assessment if the student attains a specified score on
  624  the assessment. Notwithstanding s. 1003.436, a school district
  625  shall award course credit to a student who is not enrolled in
  626  the course, or who has not completed the course, if the student
  627  attains a score indicating satisfactory performance, as defined
  628  in s. 1008.22(3)(c)5., on the corresponding statewide,
  629  standardized end-of-course assessment. The school district shall
  630  permit a student who is not enrolled in the course, or who has
  631  not completed the course, to take the standardized end-of-course
  632  assessment during the regular administration of the assessment.
  633         Section 6. Paragraph (k) of subsection (4) of section
  634  1003.493, Florida Statutes, is amended to read:
  635         1003.493 Career and professional academies.—
  636         (4) Each career and professional academy must:
  637         (k) Include an evaluation plan developed jointly with the
  638  Department of Education and the local workforce board. The
  639  evaluation plan must include an assessment tool based on
  640  national industry standards, such as the Career Academy National
  641  Standards of Practice, and outcome measures, including, but not
  642  limited to, achievement of national industry certifications
  643  identified in the Industry Certification Funding List, pursuant
  644  to rules adopted by the State Board of Education, graduation
  645  rates, enrollment in postsecondary education, business and
  646  industry satisfaction, employment and earnings, awards of
  647  postsecondary credit and scholarships, and student FCAT
  648  achievement levels and learning gains on statewide assessments
  649  administered under s. 1008.22(3)(c). The Department of Education
  650  shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
  651  in identifying industry experts to participate in developing and
  652  implementing such assessments.
  653         Section 7. Paragraph (c) of subsection (6) of section
  654  1007.35, Florida Statutes, is amended to read:
  655         1007.35 Florida Partnership for Minority and
  656  Underrepresented Student Achievement.—
  657         (6) The partnership shall:
  658         (c) Provide teacher training and materials that are aligned
  659  with the Next Generation Sunshine State Standards and are
  660  consistent with best theory and practice regarding multiple
  661  learning styles and research on learning, instructional
  662  strategies, instructional design, and classroom assessment.
  663  Curriculum materials must be based on current, accepted, and
  664  essential academic knowledge. Materials for prerequisite courses
  665  should, at a minimum, address the skills assessed on the Florida
  666  Comprehensive Assessment Test (FCAT).
  667         Section 8. Paragraph (c) of subsection (3) and subsections
  668  (6), (9), (10), (11), and (12) of section 1008.22, Florida
  669  Statutes, are amended to read:
  670         1008.22 Student assessment program for public schools.—
  671         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  672  design and implement a statewide program of educational
  673  assessment that provides information for the improvement of the
  674  operation and management of the public schools, including
  675  schools operating for the purpose of providing educational
  676  services to youth in Department of Juvenile Justice programs.
  677  The commissioner may enter into contracts for the continued
  678  administration of the assessment, testing, and evaluation
  679  programs authorized and funded by the Legislature. Contracts may
  680  be initiated in 1 fiscal year and continue into the next and may
  681  be paid from the appropriations of either or both fiscal years.
  682  The commissioner is authorized to negotiate for the sale or
  683  lease of tests, scoring protocols, test scoring services, and
  684  related materials developed pursuant to law. Pursuant to the
  685  statewide assessment program, the commissioner shall:
  686         (c) Develop and implement a student achievement testing
  687  program as follows: known as
  688         1. The Florida Comprehensive Assessment Test (FCAT)
  689  measures as part of the statewide assessment program to measure
  690  a student’s content knowledge and skills in reading, writing,
  691  science, and mathematics. The content knowledge and skills
  692  assessed by the FCAT must be aligned to the core curricular
  693  content established in the Next Generation Sunshine State
  694  Standards. Other content areas may be included as directed by
  695  the commissioner. Comprehensive assessments of reading and
  696  mathematics shall be administered annually in grades 3 through
  697  10 except, beginning with the 2010-2011 school year, the
  698  administration of grade 9 FCAT Mathematics shall be
  699  discontinued, and beginning with the 2011-2012 school year, the
  700  administration of grade 10 FCAT Mathematics shall be
  701  discontinued, except as required for students who have not
  702  attained minimum performance expectations for graduation as
  703  provided in paragraph (9)(c). FCAT Comprehensive assessments of
  704  Writing and FCAT Science shall be administered at least once at
  705  the elementary, middle, and high school levels except, beginning
  706  with the 2011-2012 school year, the administration of FCAT
  707  Science at the high school level shall be discontinued.
  708         2.a. End-of-course assessments for a subject shall may be
  709  administered in addition to the comprehensive assessments
  710  required for that subject under subparagraph 1. this paragraph.
  711  An End-of-course assessments assessment must be rigorous,
  712  statewide, standardized, and developed or approved by the
  713  department. The content knowledge and skills assessed by
  714  comprehensive and end-of-course assessments must be aligned to
  715  the core curricular content established in the Next Generation
  716  Sunshine State Standards.
  717         (I)Statewide, standardized end-of-course assessments in
  718  mathematics shall be administered according to this sub-sub
  719  subparagraph. Beginning with the 2010-2011 school year, all
  720  students enrolled in Algebra I or an equivalent course must take
  721  the Algebra I end-of-course assessment. Students who earned high
  722  school credit in Algebra I while in grades 6 through 8 during
  723  the 2007-2008 through 2009-2010 school years and who have not
  724  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  725  course assessment during the 2010-2011 school year. For students
  726  entering grade 9 during the 2010-2011 school year and who are
  727  enrolled in Algebra I or an equivalent, each student’s
  728  performance on the end-of-course assessment in Algebra I shall
  729  constitute 30 percent of the student’s final course grade.
  730  Beginning with students entering grade 9 in the 2011-2012 school
  731  year, a student who is enrolled in Algebra I or an equivalent
  732  must earn a passing score on the end-of-course assessment in
  733  Algebra I or attain an equivalent score as described in
  734  subsection (11) in order to earn course credit. Beginning with
  735  the 2011-2012 school year, all students enrolled in geometry or
  736  an equivalent course must take the geometry end-of-course
  737  assessment. For students entering grade 9 during the 2011-2012
  738  school year, each student’s performance on the end-of-course
  739  assessment in geometry shall constitute 30 percent of the
  740  student’s final course grade. Beginning with students entering
  741  grade 9 during the 2012-2013 school year, a student must earn a
  742  passing score on the end-of-course assessment in geometry or
  743  attain an equivalent score as described in subsection (11) in
  744  order to earn course credit.
  745         (II) Statewide, standardized end-of-course assessments in
  746  science shall be administered according to this sub-sub
  747  subparagraph. Beginning with the 2011-2012 school year, all
  748  students enrolled in Biology I or an equivalent course must take
  749  the Biology I end-of-course assessment. For the 2011-2012 school
  750  year, each student’s performance on the end-of-course assessment
  751  in Biology I shall constitute 30 percent of the student’s final
  752  course grade. Beginning with students entering grade 9 during
  753  the 2012-2013 school year, a student must earn a passing score
  754  on the end-of-course assessment in Biology I in order to earn
  755  course credit.
  756         b. The commissioner may select one or more nationally
  757  developed comprehensive examinations, which may include, but
  758  need not be limited to, examinations for a College Board
  759  Advanced Placement course, International Baccalaureate course,
  760  or Advanced International Certificate of Education course, or
  761  industry-approved examinations to earn national industry
  762  certifications identified in the Industry Certification Funding
  763  List, pursuant to rules adopted by the State Board of Education
  764  as defined in s. 1003.492, for use as end-of-course assessments
  765  under this paragraph, if the commissioner determines that the
  766  content knowledge and skills assessed by the examinations meet
  767  or exceed the grade level expectations for the core curricular
  768  content established for the course in the Next Generation
  769  Sunshine State Standards. The commissioner may collaborate with
  770  the American Diploma Project in the adoption or development of
  771  rigorous end-of-course assessments that are aligned to the Next
  772  Generation Sunshine State Standards. The testing program must be
  773  designed as follows:
  774         c. Contingent upon funding provided in the General
  775  Appropriations Act, including the appropriation of funds
  776  received through federal grants, the Commissioner of Education
  777  shall establish an implementation schedule for the development
  778  and administration of additional statewide, standardized end-of
  779  course assessments in English/Language Arts II, Algebra II,
  780  chemistry, physics, earth/space science, United States history,
  781  and world history. Priority shall be given to the development of
  782  end-of-course assessments in English/Language Arts II. The
  783  Commissioner of Education shall evaluate the feasibility and
  784  effect of transitioning from the grade 9 and grade 10 FCAT
  785  Reading and high school level FCAT Writing to an end-of-course
  786  assessment in English/Language Arts II. The commissioner shall
  787  report the results of the evaluation to the President of the
  788  Senate and the Speaker of the House of Representatives no later
  789  than July 1, 2011.
  790         3.1. The testing program tests shall measure student
  791  content knowledge and skills and competencies adopted by the
  792  State Board of Education as specified in paragraph (a) and. The
  793  tests must measure and report student performance proficiency
  794  levels of all students assessed in reading, writing,
  795  mathematics, and science. The commissioner shall provide for the
  796  tests to be developed or obtained, as appropriate, through
  797  contracts and project agreements with private vendors, public
  798  vendors, public agencies, postsecondary educational
  799  institutions, or school districts. The commissioner shall obtain
  800  input with respect to the design and implementation of the
  801  testing program from state educators, assistive technology
  802  experts, and the public.
  803         4.2. The testing program shall be composed of criterion
  804  referenced tests that shall, to the extent determined by the
  805  commissioner, include test items that require the student to
  806  produce information or perform tasks in such a way that the core
  807  content knowledge and skills he or she uses can be measured.
  808         3.Beginning with the 2008-2009 school year, the
  809  commissioner shall discontinue administration of the selected
  810  response test items on the comprehensive assessments of writing.
  811  Beginning with the 2012-2013 school year, the comprehensive
  812  assessments of writing shall be composed of a combination of
  813  selected-response test items, short-response performance tasks,
  814  and extended-response performance tasks, which shall measure a
  815  student’s content knowledge of writing, including, but not
  816  limited to, paragraph and sentence structure, sentence
  817  construction, grammar and usage, punctuation, capitalization,
  818  spelling, parts of speech, verb tense, irregular verbs, subject
  819  verb agreement, and noun-pronoun agreement.
  820         5. FCAT Reading, Mathematics, and Science and all
  821  statewide, standardized end-of-course assessments shall measure
  822  the content knowledge and skills a student has attained on the
  823  assessment by the use of scaled scores and achievement levels.
  824  Achievement levels shall range from 1 through 5, with level 1
  825  being the lowest achievement level, level 5 being the highest
  826  achievement level, and level 3 indicating satisfactory
  827  performance on an assessment. For purposes of FCAT Writing,
  828  student achievement shall be scored using a scale of 1 through 6
  829  and the score earned shall be used in calculating school grades.
  830         4. A score shall be designated for each subject area
  831  tested, below which score a student’s performance is deemed
  832  inadequate. The school districts shall provide appropriate
  833  remedial instruction to students who score below these levels.
  834         6.5.Except as provided in s. 1003.428(8)(b) or s.
  835  1003.43(11)(b), students must earn a passing score on the grade
  836  10 assessment test described in this paragraph or attain
  837  concordant scores as described in subsection (10) in reading,
  838  writing, and mathematics to qualify for a standard high school
  839  diploma. The State Board of Education shall, by rule, designate
  840  a passing score for each part of the grade 10 assessment test
  841  and end-of-course assessments. In establishing passing scores,
  842  the state board shall consider any possible negative impact of
  843  the test on minority students. The State Board of Education
  844  shall adopt rules which specify the passing scores for the grade
  845  10 FCAT. Any rule that has such rules, which have the effect of
  846  raising the required passing scores may, shall apply only to
  847  students taking the assessment grade 10 FCAT for the first time
  848  after the rule is such rules are adopted by the State Board of
  849  Education. Except as otherwise provided in this subparagraph and
  850  as provided in s. 1003.428(8)(b) or s. 1003.43(11)(b), students
  851  must earn a passing score on grade 10 FCAT Reading and grade 10
  852  FCAT Mathematics or attain concordant scores as described in
  853  subsection (10) in order to qualify for a standard high school
  854  diploma.
  855         7.In addition to designating a passing score under
  856  subparagraph 6., the State Board of Education shall also
  857  designate, by rule, a score for each statewide, standardized
  858  end-of-course assessment which indicates that a student is high
  859  achieving and has the potential to meet college-readiness
  860  standards by the time the student graduates from high school.
  861         8.6. Participation in the testing program is mandatory for
  862  all students attending public school, including students served
  863  in Department of Juvenile Justice programs, except as otherwise
  864  prescribed by the commissioner. A student who has not earned
  865  passing scores on the grade 10 FCAT as provided in subparagraph
  866  6. must participate in each retake of the assessment until the
  867  student earns passing scores or achieves scores on a
  868  standardized assessment which are concordant with passing scores
  869  pursuant to subsection (10). If a student does not participate
  870  in the statewide assessment, the district must notify the
  871  student’s parent and provide the parent with information
  872  regarding the implications of such nonparticipation. A parent
  873  must provide signed consent for a student to receive classroom
  874  instructional accommodations that would not be available or
  875  permitted on the statewide assessments and must acknowledge in
  876  writing that he or she understands the implications of such
  877  instructional accommodations. The State Board of Education shall
  878  adopt rules, based upon recommendations of the commissioner, for
  879  the provision of test accommodations for students in exceptional
  880  education programs and for students who have limited English
  881  proficiency. Accommodations that negate the validity of a
  882  statewide assessment are not allowable in the administration of
  883  the FCAT or an end-of-course assessment. However, instructional
  884  accommodations are allowable in the classroom if included in a
  885  student’s individual education plan. Students using
  886  instructional accommodations in the classroom that are not
  887  allowable as accommodations on the FCAT or an end-of-course
  888  assessment may have the FCAT or an end-of-course assessment
  889  requirement waived pursuant to the requirements of s.
  890  1003.428(8)(b) or s. 1003.43(11)(b).
  891         9.7. A student seeking an adult high school diploma must
  892  meet the same testing requirements that a regular high school
  893  student must meet.
  894         10.8. District school boards must provide instruction to
  895  prepare students to demonstrate proficiency in the core
  896  curricular content established in the Next Generation Sunshine
  897  State Standards adopted under s. 1003.41, including the core
  898  content knowledge and skills necessary for successful grade-to
  899  grade progression and high school graduation. If a student is
  900  provided with instructional accommodations in the classroom that
  901  are not allowable as accommodations in the statewide assessment
  902  program, as described in the test manuals, the district must
  903  inform the parent in writing and must provide the parent with
  904  information regarding the impact on the student’s ability to
  905  meet expected performance proficiency levels in reading,
  906  writing, and mathematics, and science. The commissioner shall
  907  conduct studies as necessary to verify that the required core
  908  curricular content is part of the district instructional
  909  programs.
  910         11.9. District school boards must provide opportunities for
  911  students to demonstrate an acceptable performance level of
  912  performance on an alternative standardized assessment approved
  913  by the State Board of Education following enrollment in summer
  914  academies.
  915         12.10. The Department of Education must develop, or select,
  916  and implement a common battery of assessment tools that will be
  917  used in all juvenile justice programs in the state. These tools
  918  must accurately measure the core curricular content established
  919  in the Next Generation Sunshine State Standards.
  920         13.11. For students seeking a special diploma pursuant to
  921  s. 1003.438, the Department of Education must develop or select
  922  and implement an alternate assessment tool that accurately
  923  measures the core curricular content established in the Next
  924  Generation Sunshine State Standards for students with
  925  disabilities under s. 1003.438.
  926         14.12. The Commissioner of Education shall establish
  927  schedules for the administration of statewide assessments and
  928  the reporting of student test results. When establishing the
  929  schedules for the administration of statewide assessments, the
  930  commissioner shall consider the observance of religious and
  931  school holidays. The commissioner shall, by August 1 of each
  932  year, notify each school district in writing and publish on the
  933  department’s Internet website the testing and reporting
  934  schedules for, at a minimum, the school year following the
  935  upcoming school year. The testing and reporting schedules shall
  936  require that:
  937         a. There is the latest possible administration of statewide
  938  assessments and the earliest possible reporting to the school
  939  districts of student test results which is feasible within
  940  available technology and specific appropriations; however, test
  941  results for the FCAT must be made available no later than the
  942  week of June 8. Student results for end-of-course assessments
  943  must be provided no later than 1 week after the school district
  944  completes testing for each course final day of the regular
  945  school year for students.
  946         b. Beginning with the 2010-2011 school year, FCAT Writing a
  947  comprehensive statewide assessment of writing is not
  948  administered earlier than the week of March 1 and a
  949  comprehensive statewide assessment of any other subject is not
  950  administered earlier than the week of April 15.
  951         c. A statewide, standardized end-of-course assessment is
  952  administered during a 3-week period at the end within the last 2
  953  weeks of the course. The commissioner shall select a 3-week
  954  administration period for assessments that meets the intent of
  955  end-of-course assessments and provides student results prior to
  956  the end of the course. School districts shall select one testing
  957  week within the 3-week administration period for each end-of
  958  course assessment. For an end-of-course assessment administered
  959  at the end of the first semester, the commissioner shall
  960  determine the most appropriate testing dates based on a school
  961  district’s academic calendar.
  962  
  963  The commissioner may, based on collaboration and input from
  964  school districts, design and implement student testing programs,
  965  for any grade level and subject area, necessary to effectively
  966  monitor educational achievement in the state, including the
  967  measurement of educational achievement of the Next Generation
  968  Sunshine State Standards for students with disabilities.
  969  Development and refinement of assessments shall include
  970  universal design principles and accessibility standards that
  971  will prevent any unintended obstacles for students with
  972  disabilities while ensuring the validity and reliability of the
  973  test. These principles should be applicable to all technology
  974  platforms and assistive devices available for the assessments.
  975  The field testing process and psychometric analyses for the
  976  statewide assessment program must include an appropriate
  977  percentage of students with disabilities and an evaluation or
  978  determination of the effect of test items on such students.
  979         (6) SCHOOL TESTING PROGRAMS.—Each public school shall
  980  participate in the statewide assessment program in accordance
  981  with the testing and reporting schedules published by the
  982  Commissioner of Education under subparagraph (3)(c)14.12. unless
  983  specifically exempted by state board rule based on serving a
  984  specialized population for which standardized testing is not
  985  appropriate. Student performance data shall be analyzed and
  986  reported to parents, the community, and the state. Student
  987  performance data shall be used in developing objectives of the
  988  school improvement plan, evaluation of instructional personnel,
  989  evaluation of administrative personnel, assignment of staff,
  990  allocation of resources, acquisition of instructional materials
  991  and technology, performance-based budgeting, and promotion and
  992  assignment of students into educational programs. The analysis
  993  of student performance data also must identify strengths and
  994  needs in the educational program and trends over time. The
  995  analysis must be used in conjunction with the budgetary planning
  996  processes developed pursuant to s. 1008.385 and the development
  997  of the programs of remediation.
  998         (9) APPLICABILITY OF TESTING STANDARDS.—
  999         (a) If the Commissioner of Education revises a statewide
 1000  assessment and the revisions require the State Board of
 1001  Education to modify the assessment’s performance proficiency
 1002  levels or modify the passing scores required for a standard high
 1003  school diploma, until the state board adopts the modifications
 1004  by rule, the commissioner shall use calculations for scoring the
 1005  assessment which adjust student scores on the revised assessment
 1006  for statistical equivalence to student scores on the former
 1007  assessment.
 1008         (b) A student must attain the passing scores on the
 1009  statewide assessment required for a standard high school diploma
 1010  or for high school course credits under sub-sub-subparagraphs
 1011  (3)(c)2.a.(I) and (II) which are in effect at the time the
 1012  student enters grade 9. If a student transfers into a high
 1013  school, the school principal shall determine, in accordance with
 1014  State Board of Education rule, whether the student must take an
 1015  end-of-course assessment in a course for which the student has
 1016  credit that was earned from the previous school if the student’s
 1017  enrollment is continuous.
 1018         (c) If the commissioner revises a statewide assessment and
 1019  the revisions require the State Board of Education to modify the
 1020  passing scores required for a standard high school diploma or
 1021  for high school course credits under sub-sub-subparagraphs
 1022  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
 1023  the state board, discontinue administration of the former
 1024  assessment upon the graduation, based on normal student
 1025  progression, of students participating in the final regular
 1026  administration of the former assessment. The state board shall
 1027  adopt by rule passing scores for the revised assessment which
 1028  are statistically equivalent to passing scores on the
 1029  discontinued assessment for a student required under paragraph
 1030  (b) to attain passing scores on the discontinued assessment.
 1031         (10) CONCORDANT SCORES FOR THE FCAT.—
 1032         (a) The Commissioner State Board of Education shall analyze
 1033  the content and concordant data sets for nationally recognized
 1034  widely used high school achievement tests, including, but not
 1035  limited to, the PSAT, PLAN, SAT, ACT, and College Placement
 1036  Test, to assess if concordant scores for FCAT scores can be
 1037  determined for high school graduation, college placement, and
 1038  scholarship awards. When In cases where content alignment and
 1039  concordant scores can be determined, the Commissioner of
 1040  Education shall adopt those scores as meeting the graduation
 1041  requirement in lieu of achieving the FCAT passing score and may
 1042  adopt those scores as being sufficient to achieve additional
 1043  purposes as determined by rule. Each time that test content or
 1044  scoring procedures change for the FCAT or for a high school
 1045  achievement test for which a concordant score is determined, new
 1046  concordant scores must be determined.
 1047         (b)In order to use a concordant subject area score
 1048  pursuant to this subsection to satisfy the assessment
 1049  requirement for a standard high school diploma as provided in s.
 1050  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
 1051  take each subject area of the grade 10 FCAT a total of three
 1052  times without earning a passing score. The requirements of this
 1053  paragraph shall not apply to a new student who enters the
 1054  Florida public school system in grade 12, who may either achieve
 1055  a passing score on the FCAT or use an approved subject area
 1056  concordant score to fulfill the graduation requirement.
 1057         (b)(c) The State Board of Education may define by rule the
 1058  allowable uses, other than to satisfy the high school graduation
 1059  requirement, for concordant scores as described in this
 1060  subsection. Such uses may include, but need not be limited to,
 1061  achieving appropriate standardized test scores required for the
 1062  awarding of Florida Bright Futures Scholarships and college
 1063  placement.
 1064         (11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1065         (a)The Commissioner of Education shall analyze the content
 1066  and equivalent data sets for nationally recognized high school
 1067  achievement tests and industry certification tests under the
 1068  Industry Certification Funding List, pursuant to rules adopted
 1069  by the State Board of Education, including, but not limited to,
 1070  grade 10 FCAT Mathematics retakes until such retakes are
 1071  discontinued pursuant to subsection (9), the PSAT, the PLAN, the
 1072  SAT, the ACT, and the College Placement Test, to assess if
 1073  equivalent scores for end-of-course assessment scores can be
 1074  determined for passage of an end-of-course assessment. When
 1075  content alignment and equivalent scores can be determined, the
 1076  Commissioner of Education shall adopt those scores as meeting
 1077  the requirement to pass the end-of-course assessment and as
 1078  being sufficient to achieve additional purposes as determined by
 1079  rule. Each time that assessment content or scoring procedures
 1080  change for an end-of-course assessment or for a high school
 1081  achievement test or an industry certification test under the
 1082  Industry Certification Funding List, pursuant to rules adopted
 1083  by the State Board of Education for which an equivalent score is
 1084  determined, new equivalent scores must be determined.
 1085         (b)Use of an equivalent score adopted by the State Board
 1086  of Education under paragraph (a) for purposes of grade
 1087  adjustment, grade forgiveness, or course credit recovery is
 1088  contingent upon and subject to district school board rules.
 1089         (12)(11) REPORTS.—The Department of Education shall
 1090  annually provide a report to the Governor, the President of the
 1091  Senate, and the Speaker of the House of Representatives on the
 1092  following:
 1093         (a) Longitudinal performance of students in mathematics and
 1094  reading.
 1095         (b) Longitudinal performance of students by grade level in
 1096  mathematics and reading.
 1097         (c) Longitudinal performance regarding efforts to close the
 1098  achievement gap.
 1099         (d) Other student performance data based on national norm
 1100  referenced and criterion-referenced tests, when available, and
 1101  numbers of students who after 8th grade enroll in adult
 1102  education rather than other secondary education.
 1103         (13)(12) RULES.—The State Board of Education shall adopt
 1104  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1105  provisions of this section.
 1106         Section 9. Paragraph (a) of subsection (4) of section
 1107  1008.25, Florida Statutes, is amended to read:
 1108         1008.25 Public school student progression; remedial
 1109  instruction; reporting requirements.—
 1110         (4) ASSESSMENT AND REMEDIATION.—
 1111         (a) Each student must participate in the statewide
 1112  assessment tests required by s. 1008.22. Each student who does
 1113  not meet specific levels of performance as determined by the
 1114  district school board in FCAT reading, writing, science, and
 1115  mathematics for each grade level, or who scores below Level 3 in
 1116  FCAT reading or FCAT mathematics math, must be provided with
 1117  additional diagnostic assessments to determine the nature of the
 1118  student’s difficulty, the areas of academic need, and strategies
 1119  for appropriate intervention and instruction as described in
 1120  paragraph (b).
 1121         Section 10. Subsection (3) of section 1008.30, Florida
 1122  Statutes, is amended to read:
 1123         1008.30 Common placement testing for public postsecondary
 1124  education.—
 1125         (3) The State Board of Education shall adopt rules that
 1126  require high schools to evaluate before the beginning of grade
 1127  12 the college readiness of each student who indicates an
 1128  interest in postsecondary education and scores at Level 2 or
 1129  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1130  Level 3, or Level 4 on the mathematics assessments under s.
 1131  1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
 1132  perform this evaluation using results from the corresponding
 1133  component of the common placement test prescribed in this
 1134  section, or an equivalent test identified by the State Board of
 1135  Education. The Department of Education shall purchase or develop
 1136  the assessments necessary to perform the evaluations required by
 1137  this subsection and shall work with the school districts to
 1138  administer the assessments. The State Board of Education shall
 1139  establish by rule the minimum test scores a student must achieve
 1140  to demonstrate readiness. Students who demonstrate readiness by
 1141  achieving the minimum test scores established by the state board
 1142  and enroll in a community college within 2 years of achieving
 1143  such scores shall not be required to enroll in remediation
 1144  courses as a condition of acceptance to any community college.
 1145  The high school shall use the results of the test to advise the
 1146  students of any identified deficiencies and to the maximum
 1147  extent practicable provide 12th grade students access to
 1148  appropriate remedial instruction prior to high school
 1149  graduation. The remedial instruction provided under this
 1150  subsection shall be a collaborative effort between secondary and
 1151  postsecondary educational institutions. To the extent courses
 1152  are available, the Florida Virtual School may be used to provide
 1153  the remedial instruction required by this subsection.
 1154         Section 11. Paragraphs (b) and (c) of subsection (3) of
 1155  section 1008.34, Florida Statutes, are amended to read:
 1156         1008.34 School grading system; school report cards;
 1157  district grade.—
 1158         (3) DESIGNATION OF SCHOOL GRADES.—
 1159         (b)1. A school’s grade shall be based on a combination of:
 1160         a. Student achievement scores, including achievement on all
 1161  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 1162  course assessments administered under s. 1008.22(3)(c)2.a., and
 1163  achievement scores for students seeking a special diploma.
 1164         b. Student learning gains in reading and mathematics as
 1165  measured by annual FCAT and end-of-course assessments, as
 1166  described in s. 1008.22(3)(c)1. and 2.a. in grades 3 through 10;
 1167  Learning gains for students seeking a special diploma, as
 1168  measured by an alternate assessment tool, shall be included not
 1169  later than the 2009-2010 school year.
 1170         c. Improvement of the lowest 25th percentile of students in
 1171  the school in reading and, mathematics, or writing on the FCAT
 1172  or end-of-course assessments described in s. 1008.22(3)(c)2.a.,
 1173  unless these students are exhibiting satisfactory performance.
 1174         2. Beginning with the 2009-2010 school year for schools
 1175  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1176  11, and 12, 50 percent of the school grade shall be based on a
 1177  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1178  and the remaining 50 percent on the following factors:
 1179         a. The high school graduation rate of the school;
 1180         b. As valid data becomes available, the performance and
 1181  participation of the school’s students in College Board Advanced
 1182  Placement courses, International Baccalaureate courses, dual
 1183  enrollment courses, and Advanced International Certificate of
 1184  Education courses; and the students’ achievement of national
 1185  industry certification identified in the Industry Certification
 1186  Funding List, pursuant to rules adopted by the State Board of
 1187  Education, as determined by the Agency for Workforce Innovation
 1188  under s. 1003.492(2) in a career and professional academy, as
 1189  described in s. 1003.493;
 1190         c. Postsecondary readiness of the school’s students as
 1191  measured by the SAT, ACT, or the common placement test;
 1192         d. The high school graduation rate of at-risk students who
 1193  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1194  Mathematics examinations;
 1195         e. As valid data becomes available, the performance of the
 1196  school’s students on statewide standardized end-of-course
 1197  assessments administered under s. 1008.22(3)(c)2.b. and c. s.
 1198  1008.22; and
 1199         f. The growth or decline in the components listed in sub
 1200  subparagraphs a.-e. from year to year.
 1201         (c) Student assessment data used in determining school
 1202  grades shall include:
 1203         1. The aggregate scores of all eligible students enrolled
 1204  in the school who have been assessed on the FCAT and statewide,
 1205  standardized end-of-course assessments in courses required for
 1206  high school graduation, including, beginning with the 2010-2011
 1207  school year, the end-of-course assessment in Algebra I, and
 1208  beginning with the 2011-2012 school year, the end-of-course
 1209  assessments in geometry and Biology.
 1210         2. The aggregate scores of all eligible students enrolled
 1211  in the school who have been assessed on the FCAT and end-of
 1212  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1213  have scored at or in the lowest 25th percentile of students in
 1214  the school in reading and, mathematics, or writing, unless these
 1215  students are exhibiting satisfactory performance.
 1216         3. Effective with the 2005-2006 school year, The
 1217  achievement scores and learning gains of eligible students
 1218  attending alternative schools that provide dropout prevention
 1219  and academic intervention services pursuant to s. 1003.53. The
 1220  term “eligible students” in this subparagraph does not include
 1221  students attending an alternative school who are subject to
 1222  district school board policies for expulsion for repeated or
 1223  serious offenses, who are in dropout retrieval programs serving
 1224  students who have officially been designated as dropouts, or who
 1225  are in programs operated or contracted by the Department of
 1226  Juvenile Justice. The student performance data for eligible
 1227  students identified in this subparagraph shall be included in
 1228  the calculation of the home school’s grade. As used in this
 1229  section and s. 1008.341, the term “home school” means the school
 1230  to which the student would be assigned if the student were not
 1231  assigned to an alternative school. If an alternative school
 1232  chooses to be graded under this section, student performance
 1233  data for eligible students identified in this subparagraph shall
 1234  not be included in the home school’s grade but shall be included
 1235  only in the calculation of the alternative school’s grade. A
 1236  school district that fails to assign the FCAT and end-of-course
 1237  assessment as described in s. 1008.22(3)(c)2.a. scores of each
 1238  of its students to his or her home school or to the alternative
 1239  school that receives a grade shall forfeit Florida School
 1240  Recognition Program funds for 1 fiscal year. School districts
 1241  must require collaboration between the home school and the
 1242  alternative school in order to promote student success. This
 1243  collaboration must include an annual discussion between the
 1244  principal of the alternative school and the principal of each
 1245  student’s home school concerning the most appropriate school
 1246  assignment of the student.
 1247         4. Beginning with the 2009-2010 school year For schools
 1248  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1249  11, and 12, the data listed in subparagraphs 1.-3. and the
 1250  following data as the Department of Education determines such
 1251  data are valid and available:
 1252         a. The high school graduation rate of the school as
 1253  calculated by the Department of Education;
 1254         b. The participation rate of all eligible students enrolled
 1255  in the school and enrolled in College Board Advanced Placement
 1256  courses; International Baccalaureate courses; dual enrollment
 1257  courses; Advanced International Certificate of Education
 1258  courses; and courses or sequence of courses leading to national
 1259  industry certification identified in the Industry Certification
 1260  Funding List, pursuant to rules adopted by the State Board of
 1261  Education, as determined by the Agency for Workforce Innovation
 1262  under s. 1003.492(2) in a career and professional academy, as
 1263  described in s. 1003.493;
 1264         c. The aggregate scores of all eligible students enrolled
 1265  in the school in College Board Advanced Placement courses,
 1266  International Baccalaureate courses, and Advanced International
 1267  Certificate of Education courses;
 1268         d. Earning of college credit by all eligible students
 1269  enrolled in the school in dual enrollment programs under s.
 1270  1007.271;
 1271         e. Earning of a national an industry certification
 1272  identified in the Industry Certification Funding List, pursuant
 1273  to rules adopted by the State Board of Education, as determined
 1274  by the Agency for Workforce Innovation under s. 1003.492(2) in a
 1275  career and professional academy, as described in s. 1003.493;
 1276         f. The aggregate scores of all eligible students enrolled
 1277  in the school in reading, mathematics, and other subjects as
 1278  measured by the SAT, the ACT, and the common placement test for
 1279  postsecondary readiness;
 1280         g. The high school graduation rate of all eligible at-risk
 1281  students enrolled in the school who scored at Level 2 or lower
 1282  on the grade 8 FCAT Reading and Mathematics examinations;
 1283         h. The performance of the school’s students on statewide
 1284  standardized end-of-course assessments administered under s.
 1285  1008.22(3)(c)2.b. and c. s. 1008.22; and
 1286         i. The growth or decline in the data components listed in
 1287  sub-subparagraphs a.-h. from year to year.
 1288  
 1289  The State Board of Education shall adopt appropriate criteria
 1290  for each school grade. The criteria must also give added weight
 1291  to student achievement in reading. Schools designated with a
 1292  grade of “C,” making satisfactory progress, shall be required to
 1293  demonstrate that adequate progress has been made by students in
 1294  the school who are in the lowest 25th percentile in reading and,
 1295  mathematics, or writing on the FCAT and end-of-course
 1296  assessments as described in s. 1008.22(3)(c)2.a., unless these
 1297  students are exhibiting satisfactory performance. Beginning with
 1298  the 2009-2010 school year for schools comprised of high school
 1299  grades 9, 10, 11, and 12, or grades 10, 11, and 12, the criteria
 1300  for school grades must also give added weight to the graduation
 1301  rate of all eligible at-risk students, as defined in this
 1302  paragraph. Beginning in the 2009-2010 school year, in order for
 1303  a high school to be designated as having a grade of “A,” making
 1304  excellent progress, the school must demonstrate that at-risk
 1305  students, as defined in this paragraph, in the school are making
 1306  adequate progress.
 1307         Section 12. Subsection (3) of section 1008.341, Florida
 1308  Statutes, is amended to read:
 1309         1008.341 School improvement rating for alternative
 1310  schools.—
 1311         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1312  used in determining an alternative school’s school improvement
 1313  rating shall include:
 1314         (a) The aggregate scores on statewide assessments
 1315  administered under s. 1008.22 for of all eligible students who
 1316  were assigned to and enrolled in the school during the October
 1317  or February FTE count, who have been assessed on the FCAT, and
 1318  who have FCAT or comparable scores for the preceding school
 1319  year.
 1320         (b) The aggregate scores on statewide assessments
 1321  administered under s. 1008.22 for of all eligible students who
 1322  were assigned to and enrolled in the school during the October
 1323  or February FTE count, who have been assessed on the FCAT and
 1324  who have scored in the lowest 25th percentile of students in the
 1325  state on FCAT Reading.
 1326  
 1327  The assessment scores of students who are subject to district
 1328  school board policies for expulsion for repeated or serious
 1329  offenses, who are in dropout retrieval programs serving students
 1330  who have officially been designated as dropouts, or who are in
 1331  programs operated or contracted by the Department of Juvenile
 1332  Justice may not be included in an alternative school’s school
 1333  improvement rating.
 1334         Section 13. Subsection (4) of section 1008.36, Florida
 1335  Statutes, is amended to read:
 1336         1008.36 Florida School Recognition Program.—
 1337         (4) All selected schools shall receive financial awards
 1338  depending on the availability of funds appropriated and the
 1339  number and size of schools selected to receive an award. Funds
 1340  must be distributed to the school’s fiscal agent and placed in
 1341  the school’s account and must be used for purposes listed in
 1342  subsection (5) as determined jointly by the school’s staff and
 1343  school advisory council. If school staff and the school advisory
 1344  council cannot reach agreement by February November 1, the
 1345  awards must be equally distributed to all classroom teachers
 1346  currently teaching in the school. If a school selected to
 1347  receive a school recognition award is no longer in existence at
 1348  the time the award is paid, the district school superintendent
 1349  shall distribute the funds to teachers who taught at the school
 1350  in the previous year in the form of a bonus.
 1351  
 1352  Notwithstanding statutory provisions to the contrary, incentive
 1353  awards are not subject to collective bargaining.
 1354         Section 14. The Office of Program Policy Analysis and
 1355  Government Accountability (OPPAGA) shall conduct a study on the
 1356  different types of high school diplomas offered in other states.
 1357  The study must provide information regarding differentiated high
 1358  school diploma options and endorsements that other states offer,
 1359  including the criteria for awarding the diplomas or
 1360  endorsements, the differences in courses required for college
 1361  and career pathways, the advantages and disadvantages of
 1362  offering a range of diploma options, and any barriers other
 1363  states have encountered when implementing differentiated diploma
 1364  options. OPPAGA shall submit the results of the study to the
 1365  Governor, the President of the Senate, and the Speaker of the
 1366  House of Representatives no later than January 31, 2011.
 1367         Section 15. This act shall take effect July 1, 2010.

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