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

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