December 11, 2019
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       Florida Senate - 2010                                     SB 120
       
       
       
       By Senator Bullard
       
       
       
       
       39-00193-10                                            2010120__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Comprehensive
    3         Assessment Test; amending s. 1003.03, F.S.; removing
    4         the requirement that a district school board adopt
    5         policies for meeting class size maximums which allow a
    6         student to graduate from high school if the student
    7         passes the grade 10 FCAT; amending s. 1003.428, F.S.;
    8         removing the requirement that a student earn a passing
    9         score on the FCAT or alternative assessment to
   10         graduate from high school; amending s. 1003.429, F.S.;
   11         removing the requirement that a student pursuing an
   12         accelerated 3-year high school graduation earn a
   13         passing score on the FCAT or alternative assessment;
   14         amending s. 1003.43, F.S.; conforming provisions to
   15         changes made by the act; amending s. 1003.433, F.S.;
   16         conforming provisions to changes made by the act
   17         relating to out-of-state and out-of-country transfer
   18         students and students needing additional instruction
   19         to meet the requirements for high school graduation;
   20         amending s. 1008.22, F.S.; conforming provisions to
   21         changes made by the act relating to the statewide
   22         assessment program; amending s. 1008.25, F.S.;
   23         removing provisions relating to the mandatory
   24         retention of a student in grade 3 who does not meet
   25         the proficiency level required on the reading portion
   26         of the FCAT; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (c) of subsection (3) of section
   31  1003.03, Florida Statutes, is amended to read:
   32         1003.03 Maximum class size.—
   33         (3) IMPLEMENTATION OPTIONS.—District school boards must
   34  consider, but are not limited to, implementing the following
   35  items in order to meet the constitutional class size maximums
   36  described in subsection (1) and the two-student-per-year
   37  reduction required in subsection (2):
   38         (c)1. Repeal district school board policies that require
   39  students to have more than 24 credits to graduate from high
   40  school.
   41         2. Adopt policies that to allow students to graduate from
   42  high school as soon as they pass the grade 10 FCAT and complete
   43  the courses required for high school graduation.
   44         Section 2. Subsection (4), paragraph (b) of subsection (7),
   45  and subsection (8) of section 1003.428, Florida Statutes, are
   46  amended to read:
   47         1003.428 General requirements for high school graduation;
   48  revised.—
   49         (4) Each district school board shall establish standards
   50  for graduation from its schools, which must include:
   51         (a) Successful completion of the academic credit or
   52  curriculum requirements of subsections (1) and (2).
   53         (b)Earning passing scores on the FCAT, as defined in s.
   54  1008.22(3)(c), or scores on a standardized test that are
   55  concordant with passing scores on the FCAT as defined in s.
   56  1008.22(10).
   57         (b)(c) Completion of all other applicable requirements
   58  prescribed by the district school board pursuant to s. 1008.25.
   59         (c)(d) Achievement of a cumulative grade point average of
   60  2.0 on a 4.0 scale, or its equivalent, in the courses required
   61  by this section.
   62  
   63  Each district school board shall adopt policies designed to
   64  assist students in meeting the requirements of this subsection.
   65  These policies may include, but are not limited to: forgiveness
   66  policies, summer school or before or after school attendance,
   67  special counseling, volunteers or peer tutors, school-sponsored
   68  help sessions, homework hotlines, and study skills classes.
   69  Forgiveness policies for required courses shall be limited to
   70  replacing a grade of “D” or “F,” or the equivalent of a grade of
   71  “D” or “F,” with a grade of “C” or higher, or the equivalent of
   72  a grade of “C” or higher, earned subsequently in the same or
   73  comparable course. Forgiveness policies for elective courses
   74  shall be limited to replacing a grade of “D” or “F,” or the
   75  equivalent of a grade of “D” or “F,” with a grade of “C” or
   76  higher, or the equivalent of a grade of “C” or higher, earned
   77  subsequently in another course. The only exception to these
   78  forgiveness policies shall be made for a student in the middle
   79  grades who takes any high school course for high school credit
   80  and earns a grade of “C,” “D,” or “F” or the equivalent of a
   81  grade of “C,” “D,” or “F.” In such case, the district
   82  forgiveness policy must allow the replacement of the grade with
   83  a grade of “C” or higher, or the equivalent of a grade of “C” or
   84  higher, earned subsequently in the same or comparable course. In
   85  all cases of grade forgiveness, only the new grade shall be used
   86  in the calculation of the student’s grade point average. Any
   87  course grade not replaced according to a district school board
   88  forgiveness policy shall be included in the calculation of the
   89  cumulative grade point average required for graduation.
   90         (7)
   91         (b) A student who completes the minimum number of credits
   92  and other requirements prescribed by subsections (1), (2), and
   93  (3), but who is unable to meet the standards of paragraph (4)(b)
   94  or, paragraph (4)(c), or paragraph (4)(d), shall be awarded a
   95  certificate of completion in a form prescribed by the State
   96  Board of Education. However, any student who is otherwise
   97  entitled to a certificate of completion may elect to remain in
   98  the secondary school either as a full-time student or a part
   99  time student for up to 1 additional year and receive special
  100  instruction designed to remedy his or her identified
  101  deficiencies.
  102         (8)(a) Each district school board must provide instruction
  103  to prepare students with disabilities to demonstrate proficiency
  104  in the core content knowledge and skills necessary for
  105  successful grade-to-grade progression and high school
  106  graduation.
  107         (b)A student with a disability, as defined in s.
  108  1007.02(2), for whom the individual education plan (IEP)
  109  committee determines that the FCAT cannot accurately measure the
  110  student’s abilities taking into consideration all allowable
  111  accommodations, shall have the FCAT requirement of paragraph
  112  (4)(b) waived for the purpose of receiving a standard high
  113  school diploma, if the student:
  114         1.Completes the minimum number of credits and other
  115  requirements prescribed by subsections (1), (2), and (3).
  116         2.Does not meet the requirements of paragraph (4)(b) after
  117  one opportunity in 10th grade and one opportunity in 11th grade.
  118         Section 3. Subsections (6), (7), and (8) of section
  119  1003.429, Florida Statutes, are amended to read:
  120         1003.429 Accelerated high school graduation options.—
  121         (6) Students pursuing accelerated 3-year high school
  122  graduation options pursuant to paragraph (1)(b) or paragraph
  123  (1)(c) are required to:
  124         (a)Earn passing scores on the FCAT as defined in s.
  125  1008.22(3)(c) or scores on a standardized test that are
  126  concordant with passing scores on the FCAT as defined in s.
  127  1008.22(10).
  128         (a)(b)1. Achieve a cumulative weighted grade point average
  129  of 3.5 on a 4.0 scale, or its equivalent, in the courses
  130  required for the college preparatory accelerated 3-year high
  131  school graduation option pursuant to paragraph (1)(b); or
  132         2. Achieve a cumulative weighted grade point average of 3.0
  133  on a 4.0 scale, or its equivalent, in the courses required for
  134  the career preparatory accelerated 3-year high school graduation
  135  option pursuant to paragraph (1)(c).
  136         (b)(c) Receive a weighted or unweighted grade that earns at
  137  least 3.0 points, or its equivalent, to earn course credit
  138  toward the 18 credits required for the college preparatory
  139  accelerated 3-year high school graduation option pursuant to
  140  paragraph (1)(b).
  141         (c)(d) Receive a weighted or unweighted grade that earns at
  142  least 2.0 points, or its equivalent, to earn course credit
  143  toward the 18 credits required for the career preparatory
  144  accelerated 3-year high school graduation option pursuant to
  145  paragraph (1)(c).
  146  
  147  Weighted grades referred to in paragraphs (b), (c), and (d)
  148  shall be applied to those courses specifically listed or
  149  identified by the department as rigorous pursuant to s.
  150  1009.531(3) or weighted by the district school board for class
  151  ranking purposes.
  152         (7) If, at the end of grade 10, a student is not on track
  153  to meet the credit, assessment, or grade-point-average
  154  requirements of the accelerated graduation option selected, the
  155  school shall notify the student and parent of the following:
  156         (a) The requirements that the student is not currently
  157  meeting.
  158         (b) The specific performance necessary in grade 11 for the
  159  student to meet the accelerated graduation requirements.
  160         (c) The right of the student to change to the 4-year
  161  program set forth in s. 1003.43.
  162         (8) A student who selected one of the accelerated 3-year
  163  graduation options shall automatically move to the 4-year
  164  program set forth in s. 1003.43 if the student:
  165         (a) Exercises his or her right to change to the 4-year
  166  program;
  167         (b) Fails to earn 5 credits by the end of grade 9 or fails
  168  to earn 11 credits by the end of grade 10;
  169         (c)Does not achieve a score of 3 or higher on the grade 10
  170  FCAT Writing assessment; or
  171         (c)(d) By the end of grade 11 does not meet the
  172  requirements of subsections (1) and (6).
  173         Section 4. Subsection (5), paragraph (b) of subsection
  174  (10), and subsection (11) of section 1003.43, Florida Statutes,
  175  are amended to read:
  176         1003.43 General requirements for high school graduation.—
  177         (5) Each district school board shall establish standards
  178  for graduation from its schools, and these standards must
  179  include:
  180         (a)Earning passing scores on the FCAT, as defined in s.
  181  1008.22(3)(c), or scores on a standardized test that are
  182  concordant with passing scores on the FCAT as defined in s.
  183  1008.22(10).
  184         (a)(b) Completion of all other applicable requirements
  185  prescribed by the district school board pursuant to s. 1008.25.
  186         (b)(c) Achievement of a cumulative grade point average of
  187  1.5 on a 4.0 scale, or its equivalent, for students entering 9th
  188  grade before the 1997-1998 school year; however, these students
  189  must earn a cumulative grade point average of 2.0 on a 4.0
  190  scale, or its equivalent, in the courses required by subsection
  191  (1) which that are taken after July 1, 1997, or have an overall
  192  cumulative grade point average of 2.0 or above.
  193         (c)(d) Achievement of a cumulative grade point average of
  194  2.0 on a 4.0 scale, or its equivalent, in the courses required
  195  by subsection (1), for students entering 9th grade in the 1997
  196  1998 school year and thereafter.
  197         (d)(e) For purposes of paragraphs (b) (c) and (c) (d):
  198         1. Each district school board shall adopt policies designed
  199  to assist students in meeting these requirements. These policies
  200  may include, but are not limited to: forgiveness policies,
  201  summer school or before or after school attendance, special
  202  counseling, volunteer or and/or peer tutors, school-sponsored
  203  help sessions, homework hotlines, and study skills classes.
  204  Beginning in the 2000-2001 school year and each year thereafter,
  205  forgiveness policies for required courses shall be limited to
  206  replacing a grade of “D” or “F,” or the equivalent of a grade of
  207  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  208  a grade of “C” or higher, earned subsequently in the same or
  209  comparable course. Forgiveness policies for elective courses
  210  shall be limited to replacing a grade of “D” or “F,” or the
  211  equivalent of a grade of “D” or “F,” with a grade of “C” or
  212  higher, or the equivalent of a grade of “C” or higher, earned
  213  subsequently in another course. Any course grade not replaced
  214  according to a district school board forgiveness policy shall be
  215  included in the calculation of the cumulative grade point
  216  average required for graduation.
  217         2. At the end of each semester, the parent of each student
  218  in grades 9, 10, 11, and 12 who has a cumulative grade point
  219  average of less than 0.5 above the cumulative grade point
  220  average required for graduation shall be notified that the
  221  student is at risk of not meeting the requirements for
  222  graduation. The notice shall contain an explanation of the
  223  policies the district school board has in place to assist the
  224  student in meeting the grade point average requirement.
  225         3. Special assistance to obtain a high school equivalency
  226  diploma pursuant to s. 1003.435 may be given only if when the
  227  student has completed all requirements for graduation except the
  228  attainment of the required cumulative grade point average.
  229  
  230  The standards required in this subsection, and any subsequent
  231  modifications, shall be reprinted in the Florida Administrative
  232  Code even though not defined as “rules.”
  233         (10)
  234         (b) A student who completes the minimum number of credits
  235  and other requirements prescribed by subsections (1) and (4),
  236  but who is unable to meet the standards of paragraph (5)(a) or,
  237  paragraph (5)(b), or paragraph (5)(c), shall be awarded a
  238  certificate of completion in a form prescribed by the State
  239  Board of Education. However, any student who is otherwise
  240  entitled to a certificate of completion may elect to remain in
  241  the secondary school either as a full-time student or a part
  242  time student for up to 1 additional year and receive special
  243  instruction designed to remedy his or her identified
  244  deficiencies.
  245         (11)(a) Each district school board must provide instruction
  246  to prepare students with disabilities to demonstrate proficiency
  247  in the core content knowledge and skills necessary for
  248  successful grade-to-grade progression and high school
  249  graduation.
  250         (b)A student with a disability, as defined in s.
  251  1007.02(2), for whom the individual educational plan (IEP)
  252  committee determines that the FCAT cannot accurately measure the
  253  student’s abilities taking into consideration all allowable
  254  accommodations, shall have the FCAT requirement of paragraph
  255  (5)(a) waived for the purpose of receiving a standard high
  256  school diploma, if the student:
  257         1.Completes the minimum number of credits and other
  258  requirements prescribed by subsections (1) and (4).
  259         2.Does not meet the requirements of paragraph (5)(a) after
  260  one opportunity in 10th grade and one opportunity in 11th grade.
  261         Section 5. Section 1003.433, Florida Statutes, is amended
  262  to read:
  263         1003.433 Learning opportunities for out-of-state and out
  264  of-country transfer students and students needing additional
  265  instruction to meet high school graduation requirements.—
  266         (1) A student Students who enters enter a Florida public
  267  school at the eleventh or twelfth grade from out of state or
  268  from a foreign country is shall not be required to spend
  269  additional time in a Florida public school in order to meet the
  270  high school course requirements if the student has met all
  271  requirements of the school district, state, or country from
  272  which he or she is transferring. A student Such students who is
  273  are not proficient in English should receive immediate and
  274  intensive instruction in English language acquisition. However,
  275  to receive a standard high school diploma, the a transfer
  276  student must earn a 2.0 grade point average and pass the grade
  277  10 FCAT required in s. 1008.22(3) or an alternate assessment as
  278  described in s. 1008.22(10).
  279         (2)Students who have met all requirements for the standard
  280  high school diploma except for passage of the grade 10 FCAT or
  281  an alternate assessment by the end of grade 12 must be provided
  282  the following learning opportunities:
  283         (a)Participation in an accelerated high school equivalency
  284  diploma preparation program during the summer.
  285         (b)Upon receipt of a certificate of completion, be allowed
  286  to take the College Placement Test and be admitted to remedial
  287  or credit courses at a state community college, as appropriate.
  288         (c)Participation in an adult general education program as
  289  provided in s. 1004.93 for such time as the student requires to
  290  master English, reading, mathematics, or any other subject
  291  required for high school graduation. Students attending adult
  292  basic, adult secondary, or vocational-preparatory instruction
  293  are exempt from any requirement for the payment of tuition and
  294  fees, including lab fees, pursuant to s. 1009.25. A student
  295  attending an adult general education program shall have the
  296  opportunity to take the grade 10 FCAT an unlimited number of
  297  times in order to receive a standard high school diploma.
  298         (3)Students who have been enrolled in an ESOL program for
  299  less than 2 school years and have met all requirements for the
  300  standard high school diploma except for passage of the grade 10
  301  FCAT or alternate assessment may receive immersion English
  302  language instruction during the summer following their senior
  303  year. Students receiving such instruction are eligible to take
  304  the FCAT or alternate assessment and receive a standard high
  305  school diploma upon passage of the grade 10 FCAT or the
  306  alternate assessment. This subsection shall be implemented to
  307  the extent funding is provided in the General Appropriations
  308  Act.
  309         (2)(4) The district school superintendent shall notify be
  310  responsible for notifying all students of the consequences of
  311  failing failure to receive a standard high school diploma,
  312  including the potential ineligibility for financial assistance
  313  at postsecondary educational institutions.
  314         (3)(5) The State Board of Education may adopt rules
  315  pursuant to ss. 120.536(1) and 120.54 to administer this
  316  section.
  317         Section 6. Paragraph (c) of subsection (1), paragraph (c)
  318  of subsection (3), and subsections (9) and (10) of section
  319  1008.22, Florida Statutes, are amended to read:
  320         1008.22 Student assessment program for public schools.—
  321         (1) PURPOSE.—The primary purposes of the student assessment
  322  program are to provide information needed to improve the public
  323  schools by enhancing the learning gains of all students and to
  324  inform parents of the educational progress of their public
  325  school children. The program must be designed to:
  326         (c) Identify the educational strengths and needs of
  327  students and the readiness of students to be promoted to the
  328  next grade level or to graduate from high school with a standard
  329  or special high school diploma.
  330         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  331  design and implement a statewide program of educational
  332  assessment that provides information for the improvement of the
  333  operation and management of the public schools, including
  334  schools operating for the purpose of providing educational
  335  services to youth in Department of Juvenile Justice programs.
  336  The commissioner may enter into contracts for the continued
  337  administration of the assessment, testing, and evaluation
  338  programs authorized and funded by the Legislature. Contracts may
  339  be initiated in 1 fiscal year and continue into the next and may
  340  be paid from the appropriations of either or both fiscal years.
  341  The commissioner is authorized to negotiate for the sale or
  342  lease of tests, scoring protocols, test scoring services, and
  343  related materials developed pursuant to law. Pursuant to the
  344  statewide assessment program, the commissioner shall:
  345         (c) Develop and implement a student achievement testing
  346  program known as the Florida Comprehensive Assessment Test
  347  (FCAT) as part of the statewide assessment program to measure a
  348  student’s content knowledge and skills in reading, writing,
  349  science, and mathematics. Other content areas may be included as
  350  directed by the commissioner. Comprehensive assessments of
  351  reading and mathematics shall be administered annually in grades
  352  3 through 10. Comprehensive assessments of writing and science
  353  shall be administered at least once at the elementary, middle,
  354  and high school levels. End-of-course assessments for a subject
  355  may be administered in addition to the comprehensive assessments
  356  required for that subject under this paragraph. An end-of-course
  357  assessment must be rigorous, statewide, standardized, and
  358  developed or approved by the department. The content knowledge
  359  and skills assessed by comprehensive and end-of-course
  360  assessments must be aligned to the core curricular content
  361  established in the Sunshine State Standards. The commissioner
  362  may select one or more nationally developed comprehensive
  363  examinations, which may include, but need not be limited to,
  364  examinations for a College Board Advanced Placement course,
  365  International Baccalaureate course, or Advanced International
  366  Certificate of Education course or industry-approved
  367  examinations to earn national industry certifications as defined
  368  in s. 1003.492, for use as end-of-course assessments under this
  369  paragraph, if the commissioner determines that the content
  370  knowledge and skills assessed by the examinations meet or exceed
  371  the grade level expectations for the core curricular content
  372  established for the course in the Next Generation Sunshine State
  373  Standards. The commissioner may collaborate with the American
  374  Diploma Project in the adoption or development of rigorous end
  375  of-course assessments that are aligned to the Next Generation
  376  Sunshine State Standards. The testing program must be designed
  377  as follows:
  378         1. The tests shall measure student skills and competencies
  379  adopted by the State Board of Education as specified in
  380  paragraph (a). The tests must measure and report student
  381  proficiency levels of all students assessed in reading, writing,
  382  mathematics, and science. The commissioner shall provide for the
  383  tests to be developed or obtained, as appropriate, through
  384  contracts and project agreements with private vendors, public
  385  vendors, public agencies, postsecondary educational
  386  institutions, or school districts. The commissioner shall obtain
  387  input with respect to the design and implementation of the
  388  testing program from state educators, assistive technology
  389  experts, and the public.
  390         2. The testing program shall be composed of criterion
  391  referenced tests that shall, to the extent determined by the
  392  commissioner, include test items that require the student to
  393  produce information or perform tasks in such a way that the core
  394  content knowledge and skills he or she uses can be measured.
  395         3. Beginning with the 2008-2009 school year, the
  396  commissioner shall discontinue administration of the selected
  397  response test items on the comprehensive assessments of writing.
  398  Beginning with the 2012-2013 school year, the comprehensive
  399  assessments of writing shall be composed of a combination of
  400  selected-response test items, short-response performance tasks,
  401  and extended-response performance tasks, which shall measure a
  402  student’s content knowledge of writing, including, but not
  403  limited to, paragraph and sentence structure, sentence
  404  construction, grammar and usage, punctuation, capitalization,
  405  spelling, parts of speech, verb tense, irregular verbs, subject
  406  verb agreement, and noun-pronoun agreement.
  407         4. A score shall be designated for each subject area
  408  tested, below which score a student’s performance is deemed
  409  inadequate. The school districts shall provide appropriate
  410  remedial instruction to students who score below these levels.
  411         5.Except as provided in s. 1003.428(8)(b) or s.
  412  1003.43(11)(b), students must earn a passing score on the grade
  413  10 assessment test described in this paragraph or attain
  414  concordant scores as described in subsection (10) in reading,
  415  writing, and mathematics to qualify for a standard high school
  416  diploma. The State Board of Education shall designate a passing
  417  score for each part of the grade 10 assessment test. In
  418  establishing passing scores, the state board shall consider any
  419  possible negative impact of the test on minority students. The
  420  State Board of Education shall adopt rules which specify the
  421  passing scores for the grade 10 FCAT. Any such rules, which have
  422  the effect of raising the required passing scores, shall apply
  423  only to students taking the grade 10 FCAT for the first time
  424  after such rules are adopted by the State Board of Education.
  425         5.6. Participation in the testing program is mandatory for
  426  all students attending public school, including students served
  427  in Department of Juvenile Justice programs, except as otherwise
  428  prescribed by the commissioner. If a student does not
  429  participate in the statewide assessment, the district must
  430  notify the student’s parent and provide the parent with
  431  information regarding the implications of such nonparticipation.
  432  A parent must provide signed consent for a student to receive
  433  classroom instructional accommodations that would not be
  434  available or permitted on the statewide assessments and must
  435  acknowledge in writing that he or she understands the
  436  implications of such instructional accommodations. The State
  437  Board of Education shall adopt rules, based upon recommendations
  438  of the commissioner, for the provision of test accommodations
  439  for students in exceptional education programs and for students
  440  who have limited English proficiency. Accommodations that negate
  441  the validity of a statewide assessment are not permitted
  442  allowable in the administration of the FCAT. However,
  443  instructional accommodations are permitted allowable in the
  444  classroom if included in a student’s individual education plan.
  445  Students using instructional accommodations in the classroom
  446  that are not allowable as accommodations on the FCAT may have
  447  the FCAT requirement waived pursuant to the requirements of s.
  448  1003.428(8)(b) or s. 1003.43(11)(b).
  449         7.A student seeking an adult high school diploma must meet
  450  the same testing requirements that a regular high school student
  451  must meet.
  452         6.8. District school boards must provide instruction to
  453  prepare students to demonstrate proficiency in the core
  454  curricular content established in the Next Generation Sunshine
  455  State Standards adopted pursuant to under s. 1003.41, including
  456  the core content knowledge and skills necessary for successful
  457  grade-to-grade progression and high school graduation. If a
  458  student is provided with instructional accommodations in the
  459  classroom that are not permitted allowable as accommodations in
  460  the statewide assessment program, as described in the test
  461  manuals, the district must inform the parent in writing and must
  462  provide the parent with information regarding the impact on the
  463  student’s ability to meet expected proficiency levels in
  464  reading, writing, and mathematics. The commissioner shall
  465  conduct studies as necessary to verify that the required core
  466  curricular content is part of the district instructional
  467  programs.
  468         7.9. District school boards must provide opportunities for
  469  students to demonstrate an acceptable level of performance on an
  470  alternative standardized assessment approved by the State Board
  471  of Education following enrollment in summer academies.
  472         8.10. The Department of Education must develop, or select,
  473  and implement a common battery of assessment tools that will be
  474  used in all juvenile justice programs in the state. These tools
  475  must accurately measure the core curricular content established
  476  in the Sunshine State Standards.
  477         9.11. For students who have disabilities and are seeking a
  478  special diploma pursuant to s. 1003.438, the Department of
  479  Education must develop or select and implement an alternate
  480  assessment tool that accurately measures the core curricular
  481  content established in the Sunshine State Standards for students
  482  with disabilities under s. 1003.438.
  483         10.12. The Commissioner of Education shall establish
  484  schedules for the administration of statewide assessments and
  485  the reporting of student test results. The commissioner shall,
  486  by August 1 of each year, notify each school district in writing
  487  and publish on the department’s Internet website the testing and
  488  reporting schedules for, at a minimum, the school year following
  489  the upcoming school year. The testing and reporting schedules
  490  must shall require that:
  491         a. There is the latest possible administration of statewide
  492  assessments and the earliest possible reporting to the school
  493  districts of student test results which is feasible within
  494  available technology and specific appropriations; however, test
  495  results must be made available no later than the final day of
  496  the regular school year for students.
  497         b. Beginning with the 2010-2011 school year, a
  498  comprehensive statewide assessment of writing is not
  499  administered earlier than the week of March 1 and a
  500  comprehensive statewide assessment of any other subject is not
  501  administered earlier than the week of April 15.
  502         c. A statewide standardized end-of-course assessment is
  503  administered within the last 2 weeks of the course.
  504  
  505  The commissioner may, based on collaboration and input from
  506  school districts, design and implement student testing programs,
  507  for any grade level and subject area, necessary to effectively
  508  monitor educational achievement in the state, including the
  509  measurement of educational achievement of the Sunshine State
  510  Standards for students with disabilities. Development and
  511  refinement of assessments shall include universal design
  512  principles and accessibility standards that will prevent any
  513  unintended obstacles for students with disabilities while
  514  ensuring the validity and reliability of the test. These
  515  principles must apply should be applicable to all technology
  516  platforms and assistive devices available for the assessments.
  517  The field testing process and psychometric analyses for the
  518  statewide assessment program must include an appropriate
  519  percentage of students with disabilities and an evaluation or
  520  determination of the effect of test items on such students.
  521         (9) APPLICABILITY OF TESTING STANDARDS.—
  522         (a) If the Commissioner of Education revises a statewide
  523  assessment and the revisions require the State Board of
  524  Education to modify the assessment’s proficiency levels or
  525  modify the passing scores required for a standard high school
  526  diploma, until the state board adopts the modifications by rule,
  527  the commissioner shall use calculations for scoring the
  528  assessment which adjust student scores on the revised assessment
  529  for statistical equivalence to student scores on the former
  530  assessment.
  531         (b)A student must attain the passing scores on the
  532  statewide assessment required for a standard high school diploma
  533  which are in effect at the time the student enters grade 9 if
  534  the student’s enrollment is continuous.
  535         (c)If the commissioner revises a statewide assessment and
  536  the revisions require the State Board of Education to modify the
  537  passing scores required for a standard high school diploma, the
  538  commissioner may, with approval of the state board, discontinue
  539  administration of the former assessment upon the graduation,
  540  based on normal student progression, of students participating
  541  in the final regular administration of the former assessment.
  542  The state board shall adopt by rule passing scores for the
  543  revised assessment which are statistically equivalent to passing
  544  scores on the discontinued assessment for a student required
  545  under paragraph (b) to attain passing scores on the discontinued
  546  assessment.
  547         (10) CONCORDANT SCORES FOR THE FCAT.—
  548         (a) The State Board of Education shall analyze the content
  549  and concordant data sets for widely used high school achievement
  550  tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
  551  and College Placement Test, to assess if concordant scores for
  552  FCAT scores can be determined for high school graduation,
  553  college placement, and scholarship awards. In cases where
  554  content alignment and concordant scores can be determined, the
  555  Commissioner of Education shall adopt those scores as meeting
  556  the graduation requirement in lieu of achieving the FCAT passing
  557  score and may adopt those scores as being sufficient to achieve
  558  additional purposes as determined by rule. Each time that test
  559  content or scoring procedures change for the FCAT or for a high
  560  school achievement test for which a concordant score is
  561  determined, new concordant scores must be determined.
  562         (b)In order to use a concordant subject area score
  563  pursuant to this subsection to satisfy the assessment
  564  requirement for a standard high school diploma as provided in s.
  565  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
  566  take each subject area of the grade 10 FCAT a total of three
  567  times without earning a passing score. The requirements of this
  568  paragraph shall not apply to a new student who enters the
  569  Florida public school system in grade 12, who may either achieve
  570  a passing score on the FCAT or use an approved subject area
  571  concordant score to fulfill the graduation requirement.
  572         (b)(c) The State Board of Education may define by rule the
  573  allowable uses, other than to satisfy the high school graduation
  574  requirement, for concordant scores as described in this
  575  subsection. Such uses may include, but need not be limited to,
  576  achieving appropriate standardized test scores required for the
  577  awarding of Florida Bright Futures Scholarships and college
  578  placement.
  579         Section 7. Subsections (3), (5), (6), and (7) of section
  580  1008.25, Florida Statutes, are amended to read:
  581         1008.25 Public school student progression; remedial
  582  instruction; reporting requirements.—
  583         (3) ALLOCATION OF RESOURCES.—District school boards shall
  584  allocate remedial and supplemental instruction resources to
  585  students in the following priority:
  586         (a)Students who are deficient in reading by the end of
  587  grade 3.
  588         (b)Students who fail to meet performance levels required
  589  for promotion consistent with the district school board’s plan
  590  for student progression required in paragraph (2)(b).
  591         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  592         (a) It is the ultimate goal of the Legislature that every
  593  student read at or above grade level. Any student who exhibits a
  594  substantial deficiency in reading, based upon locally determined
  595  or statewide assessments conducted in kindergarten or grade 1,
  596  grade 2, or grade 3, or through teacher observations, must be
  597  given intensive reading instruction immediately following the
  598  identification of the reading deficiency. The student’s reading
  599  proficiency must be reassessed by locally determined assessments
  600  or through teacher observations at the beginning of the grade
  601  following the intensive reading instruction. The student must
  602  continue to be provided with intensive reading instruction until
  603  the reading deficiency is remedied.
  604         (b)Beginning with the 2002-2003 school year, if the
  605  student’s reading deficiency, as identified in paragraph (a), is
  606  not remedied by the end of grade 3, as demonstrated by scoring
  607  at Level 2 or higher on the statewide assessment test in reading
  608  for grade 3, the student must be retained.
  609         (b)(c) The parent of any student who exhibits a substantial
  610  deficiency in reading, as described in paragraph (a), must be
  611  notified in writing of the following:
  612         1. That his or her child has been identified as having a
  613  substantial deficiency in reading.
  614         2. A description of the current services that are provided
  615  to the child.
  616         3. A description of the proposed supplemental instructional
  617  services and supports that will be provided to the child and
  618  that are designed to remediate the identified area of reading
  619  deficiency.
  620         4.That if the child’s reading deficiency is not remediated
  621  by the end of grade 3, the child must be retained unless he or
  622  she is exempt from mandatory retention for good cause.
  623         4.5. Strategies for parents to use in helping their child
  624  succeed in reading proficiency.
  625         5.6. That the Florida Comprehensive Assessment Test (FCAT)
  626  is not the sole determiner of promotion and that additional
  627  evaluations, portfolio reviews, and assessments are available to
  628  the child to assist parents and the school district in knowing
  629  when a child is reading at or above grade level and ready for
  630  grade promotion.
  631         6.7. The district’s specific criteria and policies for
  632  midyear promotion. Midyear promotion means promotion of a
  633  retained student at any time during the year of retention once
  634  the student has demonstrated ability to read at grade level.
  635         (6) ELIMINATION OF SOCIAL PROMOTION.—
  636         (a) A No student may not be assigned to a grade level based
  637  solely on age or other factors that constitute social promotion.
  638         (b) The district school board may only exempt a student
  639  students from mandatory retention only, as provided in paragraph
  640  (5)(b), for good cause. An exemption for good cause exemptions
  641  shall be limited to the following:
  642         1. Limited English proficient students who have had less
  643  than 2 years of instruction in an English for Speakers of Other
  644  Languages program.
  645         2. Students with disabilities whose individual education
  646  plan indicates that participation in the statewide assessment
  647  program is not appropriate, consistent with the requirements of
  648  State Board of Education rule.
  649         3. Students who demonstrate an acceptable level of
  650  performance on an alternative standardized reading assessment
  651  approved by the State Board of Education.
  652         4. Students who demonstrate, through a student portfolio,
  653  that the student is reading on grade level as evidenced by
  654  demonstration of mastery of the Sunshine State Standards in
  655  reading equal to at least a Level 2 performance on the FCAT.
  656         5. Students with disabilities who participate in the FCAT
  657  and who have an individual education plan or a Section 504 plan
  658  that reflects that the student has received intensive
  659  remediation in reading for more than 2 years but still
  660  demonstrates a deficiency in reading and was previously retained
  661  in kindergarten, grade 1, grade 2, or grade 3.
  662         6. Students who have received intensive remediation in
  663  reading for 2 or more years but still demonstrate a deficiency
  664  in reading and who were previously retained in kindergarten,
  665  grade 1, grade 2, or grade 3 for a total of 2 years. Intensive
  666  reading instruction for students so promoted must include an
  667  altered instructional day that includes specialized diagnostic
  668  information and specific reading strategies for each student.
  669  The district school board shall assist schools and teachers to
  670  implement reading strategies that research has shown to be
  671  successful in improving reading among low-performing readers.
  672         (c) A request Requests for exemption good cause exemptions
  673  for students from the mandatory retention requirement as
  674  described in subparagraphs (b)3. and 4. shall be made consistent
  675  with the following:
  676         1. Documentation shall be submitted from the student’s
  677  teacher to the school principal which that indicates that the
  678  promotion of the student is appropriate and is based upon the
  679  student’s academic record. In order to minimize paperwork
  680  requirements, such documentation shall consist only of the
  681  existing progress monitoring plan, individual educational plan,
  682  if applicable, report card, or student portfolio.
  683         2. The school principal shall review and discuss the such
  684  recommendation with the teacher and determine make the
  685  determination as to whether the student should be promoted or
  686  retained. If the school principal determines that the student
  687  should be promoted, the school principal shall recommend the
  688  promotion make such recommendation in writing to the district
  689  school superintendent. The district school superintendent shall
  690  accept or reject the school principal’s recommendation in
  691  writing.
  692         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
  693         (a) A student who is Students retained under the provisions
  694  of paragraph (5)(b) must be provided intensive interventions in
  695  reading to ameliorate the student’s specific reading deficiency,
  696  as identified by a valid and reliable diagnostic assessment.
  697  This intensive intervention must include effective instructional
  698  strategies, participation in the school district’s summer
  699  reading camp, and appropriate teaching methodologies necessary
  700  to assist the student those students in becoming a successful
  701  reader who is readers, able to read at or above grade level, and
  702  ready for promotion to the next grade.
  703         (b) Beginning with the 2004-2005 school year, Each school
  704  district shall:
  705         1. Conduct a review of student progress monitoring plans
  706  for all students who have not met the proficiency level required
  707  did not score above Level 1 on the reading portion of the FCAT
  708  and did not meet the criteria for one of the good cause
  709  exemptions in paragraph (6)(b). The review must shall address
  710  additional supports and services, as described in this
  711  subsection, needed to remediate the identified areas of reading
  712  deficiency. The school district shall require that a student
  713  portfolio to be completed for each such student.
  714         2. Provide a student students who is are retained under the
  715  provisions of paragraph (5)(b) with intensive instructional
  716  services and supports to remediate the identified areas of
  717  reading deficiency, including a minimum of 90 minutes of daily,
  718  uninterrupted, scientifically research-based reading instruction
  719  and other strategies prescribed by the school district, which
  720  may include, but are not limited to:
  721         a. Small group instruction.
  722         b. Reduced teacher-student ratios.
  723         c. More frequent progress monitoring.
  724         d. Tutoring or mentoring.
  725         e. Transitional Transition classes containing students who
  726  are in the same grade as the student and students who are in the
  727  next grade level 3rd and 4th grade students.
  728         f. Extended school day, week, or year.
  729         g. Summer reading camps.
  730         3. Provide written notification to the parent of any
  731  student who is retained under the provisions of paragraph (5)(b)
  732  that his or her child has not met the proficiency level required
  733  for promotion and the reasons the child is not eligible for an a
  734  good cause exemption for good cause as provided in paragraph
  735  (6)(b). The notification must comply with the provisions of s.
  736  1002.20(15) and must include a description of proposed
  737  interventions and supports that will be provided to the child to
  738  remediate the identified areas of reading deficiency.
  739         4. Implement a policy for the midyear promotion of any
  740  student who is retained and under the provisions of paragraph
  741  (5)(b) who can demonstrate that he or she is a successful and
  742  independent reader, reading at or above grade level, and ready
  743  to be promoted to the next grade level grade 4. Tools that
  744  school districts may use in reevaluating any student retained
  745  may include subsequent assessments, alternative assessments, and
  746  portfolio reviews, in accordance with the rules of the State
  747  Board of Education. Students promoted during the school year
  748  after November 1 must demonstrate proficiency above that
  749  required to score at Level 2 on the grade 3 FCAT, as determined
  750  by the State Board of Education. The State Board of Education
  751  shall adopt standards that provide a reasonable expectation that
  752  the student’s progress is sufficient to master appropriate 4th
  753  grade level reading skills.
  754         5. Provide a student students who is are retained under the
  755  provisions of paragraph (5)(b) with a high-performing teacher as
  756  determined by student performance data and above-satisfactory
  757  performance appraisals.
  758         6. In addition to required reading enhancement and
  759  acceleration strategies, provide parents of students who are to
  760  be retained with at least one of the following instructional
  761  options:
  762         a. Supplemental tutoring in scientifically research-based
  763  reading services in addition to the regular reading block,
  764  including tutoring before or and/or after school.
  765         b. A “Read at Home” plan outlined in a parental contract,
  766  including participation in “Families Building Better Readers
  767  Workshops” and regular parent-guided home reading.
  768         c. A mentor or tutor having with specialized reading
  769  training.
  770         7. Establish a Reading Enhancement and Acceleration
  771  Development (READ) Initiative. The focus of the READ Initiative
  772  shall be to prevent the retention of grade 3 students and to
  773  offer intensive accelerated reading instruction to grade 3
  774  students who failed to meet standards for promotion to grade 4
  775  and to each K-3 student who is assessed as exhibiting a reading
  776  deficiency. The READ Initiative shall:
  777         a. Be provided to all K-3 students at risk of retention as
  778  identified by the statewide assessment system used in Reading
  779  First schools. The assessment must measure phonemic awareness,
  780  phonics, fluency, vocabulary, and comprehension.
  781         b. Be provided during regular school hours in addition to
  782  the regular reading instruction.
  783         c. Provide a state-identified reading curriculum that has
  784  been reviewed by the Florida Center for Reading Research at
  785  Florida State University and meets, at a minimum, the following
  786  specifications:
  787         (I) Assists a student who is students assessed as
  788  exhibiting a reading deficiency in developing the ability to
  789  read at grade level.
  790         (II) Provides skill development in phonemic awareness,
  791  phonics, fluency, vocabulary, and comprehension.
  792         (III) Provides scientifically based and reliable
  793  assessment.
  794         (IV) Provides initial and ongoing analysis of the each
  795  student’s reading progress.
  796         (V) Is implemented during regular school hours.
  797         (VI) Provides a curriculum in core academic subjects to
  798  assist the student in maintaining or meeting proficiency levels
  799  for the appropriate grade in all academic subjects.
  800         8. Establish at each school, where applicable, an Intensive
  801  Acceleration Class for retained grade 3 students who do not meet
  802  the proficiency level required subsequently score at Level 1 on
  803  the reading portion of the FCAT. The focus of the Intensive
  804  Acceleration Class shall be to increase a child’s reading level
  805  at least two grade levels in 1 school year. The Intensive
  806  Acceleration Class shall:
  807         a. Be provided to any student in grade 3 who does not meet
  808  the proficiency level required scores at Level 1 on the reading
  809  portion of the FCAT and who was retained in grade 3 the prior
  810  year because the student did not meet the proficiency level
  811  required of scoring at Level 1 on the reading portion of the
  812  FCAT.
  813         b. Have a reduced teacher-student ratio.
  814         c. Provide uninterrupted reading instruction for the
  815  majority of student contact time each day and incorporate
  816  opportunities to master the appropriate grade level grade 4
  817  Sunshine State Standards in other core subject areas.
  818         d. Use a reading program that is scientifically research
  819  based and has proven results in accelerating student reading
  820  achievement within the same school year.
  821         e. Provide intensive language and vocabulary instruction
  822  using a scientifically research-based program, including use of
  823  a speech-language therapist.
  824         f. Include weekly progress monitoring measures to ensure
  825  that progress is being made.
  826         g. Report to the Department of Education, in the manner
  827  described by the department, the progress of students in the
  828  class at the end of the first semester.
  829         9. Report to the State Board of Education, as requested, on
  830  the specific intensive reading interventions and supports
  831  implemented at the school district level. The Commissioner of
  832  Education shall annually prescribe the required components of
  833  requested reports.
  834         10. Provide a student who has been retained in grade 3 and
  835  has received intensive instructional services but is still not
  836  ready for grade promotion, as determined by the school district,
  837  the option of being placed in a transitional instructional
  838  setting. Such setting shall specifically be designed to produce
  839  learning gains sufficient to meet the appropriate grade level
  840  grade 4 performance standards while continuing to remediate the
  841  areas of reading deficiency.
  842         Section 8. This act shall take effect July 1, 2010.

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