Florida Senate - 2010                                    SB 1154
       
       
       
       By Senator Gelber
       
       
       
       
       35-01001-10                                           20101154__
    1                        A bill to be entitled                      
    2         An act relating to public school education; amending
    3         ss. 1002.33, 1003.03, 1003.413, and 1003.4156, F.S.,
    4         relating to discontinuance of administration of the
    5         Florida Comprehensive Assessment Test (FCAT), to
    6         conform to changes made by the act; deleting
    7         requirement that district school boards establish
    8         policies for intensive reading and mathematics
    9         intervention courses in high school; providing for
   10         intervention services; amending s. 1003.428, F.S.;
   11         requiring that students be advised of the availability
   12         of certain courses for purposes of high school
   13         graduation; providing new credit requirements for high
   14         school graduation with a standard diploma; providing
   15         for remediation and intervention services in certain
   16         circumstances; revising general requirements for high
   17         school graduation; conforming provisions relating to
   18         discontinuance of FCAT administration; amending s.
   19         1003.429, F.S.; requiring that students be advised of
   20         the availability of certain courses for purposes of
   21         accelerated high school graduation options; revising
   22         general requirements for accelerated high school
   23         graduation; amending ss. 1003.433, 1003.493, and
   24         1007.35, F.S., relating to discontinuance of FCAT
   25         administration and revised general requirements for
   26         high school graduation, to conform to changes made by
   27         the act; amending s. 1008.22, F.S.; revising the
   28         statewide student assessment program to discontinue
   29         use of the FCAT; requiring the assessment program to
   30         consist of subject area assessments for students in
   31         grades 3 through 5, subject area assessments and end
   32         of-course examinations in core and noncore subjects
   33         for students in grades 6 through 12, and diagnostic
   34         assessments for students in grades 6, 8, and 10;
   35         requiring school districts to provide intervention
   36         services to certain students; requiring the State
   37         Board of Education to adopt rules that specify passing
   38         scores on end-of-course examinations; providing that
   39         results on end-of-course examinations are one
   40         component of requirements for high school graduation;
   41         providing for certain waivers; clarifying schedules
   42         for assessment and reporting; revising provisions
   43         relating to test-preparation activities; deleting
   44         provisions relating to use of concordant scores for
   45         the FCAT; amending s. 1008.25, F.S.; requiring
   46         intervention services for certain students as part of
   47         the comprehensive program for student progression;
   48         conforming provisions relating to the revision of the
   49         statewide student assessment program; deleting
   50         mandatory retention for certain grade 3 students;
   51         authorizing promotion for good cause; providing for
   52         reporting; amending s. 1008.30, F.S.; revising
   53         provisions relating to use of the common placement
   54         test to conform to discontinuance of FCAT
   55         administration; amending ss. 1008.34 and 1008.341,
   56         F.S.; deleting use of the FCAT as a basis for
   57         determining school grades and school improvement
   58         ratings; providing for student results on subject area
   59         assessments and end-of-course examinations to
   60         partially determine school grades and school
   61         improvement ratings; providing additional factors for
   62         such determination; conforming provisions relating to
   63         revision of the Florida School Recognition Program;
   64         amending s. 1008.345, F.S.; conforming provisions
   65         relating to revision of the Florida School Recognition
   66         Program; amending s. 1008.36, F.S.; changing the
   67         Florida School Recognition Program to the Every Child
   68         Matters Program; providing intent and purpose of the
   69         program; providing for financial assistance to schools
   70         providing remediation and intervention services to
   71         certain students; specifying the uses of program
   72         funds; providing Department of Education duties;
   73         amending s. 1009.531, F.S.; adding a cross-reference
   74         to high school graduation requirements; amending s.
   75         1011.62, F.S.; conforming provisions relating to
   76         revision of the Florida School Recognition Program and
   77         discontinuance of FCAT administration; amending s.
   78         1012.22, F.S.; conforming provisions relating to
   79         discontinuance of FCAT administration; providing for
   80         the appointment of a public school assessment and
   81         accountability alignment committee to develop
   82         standards for a revised statewide student assessment
   83         program, procedures for transitioning to the new
   84         program, and standards for determining school grades
   85         and school improvement ratings; providing for
   86         membership; providing duties of the alignment
   87         committee, the State Board of Education, and the
   88         Department of Education; providing a timetable for
   89         implementation; providing for future expiration of the
   90         alignment committee; providing effective dates.
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Paragraph (a) of subsection (20) of section
   95  1002.33, Florida Statutes, is amended to read:
   96         1002.33 Charter schools.—
   97         (20) SERVICES.—
   98         (a) A sponsor shall provide certain administrative and
   99  educational services to charter schools. These services shall
  100  include contract management services; full-time equivalent and
  101  data reporting services; exceptional student education
  102  administration services; services related to eligibility and
  103  reporting duties required to ensure that school lunch services
  104  under the federal lunch program, consistent with the needs of
  105  the charter school, are provided by the school district at the
  106  request of the charter school, that any funds due to the charter
  107  school under the federal lunch program be paid to the charter
  108  school as soon as the charter school begins serving food under
  109  the federal lunch program, and that the charter school is paid
  110  at the same time and in the same manner under the federal lunch
  111  program as other public schools serviced by the sponsor or the
  112  school district; test administration services, including payment
  113  of the costs of state-required or district-required student
  114  assessments; processing of teacher certificate data services;
  115  and information services, including equal access to student
  116  information systems that are used by public schools in the
  117  district in which the charter school is located. Student
  118  performance data for each student in a charter school,
  119  including, but not limited to, subject area assessment scores,
  120  end-of-course examination FCAT scores, standardized test scores,
  121  previous public school student report cards, and student
  122  performance measures, shall be provided by the sponsor to a
  123  charter school in the same manner provided to other public
  124  schools in the district. A total administrative fee for the
  125  provision of such services shall be calculated based upon up to
  126  5 percent of the available funds defined in paragraph (17)(b)
  127  for all students. However, a sponsor may only withhold up to a
  128  5-percent administrative fee for enrollment for up to and
  129  including 500 students. For charter schools with a population of
  130  501 or more students, the difference between the total
  131  administrative fee calculation and the amount of the
  132  administrative fee withheld may only be used for capital outlay
  133  purposes specified in s. 1013.62(2). Each charter school shall
  134  receive 100 percent of the funds awarded to that school pursuant
  135  to s. 1012.225. Sponsors shall not charge charter schools any
  136  additional fees or surcharges for administrative and educational
  137  services in addition to the maximum 5-percent administrative fee
  138  withheld pursuant to this paragraph.
  139         Section 2. Paragraph (c) of subsection (3) of section
  140  1003.03, Florida Statutes, is amended to read:
  141         1003.03 Maximum class size.—
  142         (3) IMPLEMENTATION OPTIONS.—District school boards must
  143  consider, but are not limited to, implementing the following
  144  items in order to meet the constitutional class size maximums
  145  described in subsection (1) and the two-student-per-year
  146  reduction required in subsection (2):
  147         (c)1. Repeal district school board policies that require
  148  students to have more than 24 credits to graduate from high
  149  school.
  150         2. Adopt policies to allow students to graduate from high
  151  school as soon as they meet the requirements pass the grade 10
  152  FCAT and complete the courses required for high school
  153  graduation.
  154         Section 3. Paragraph (d) of subsection (3) and paragraph
  155  (e) of subsection (4) of section 1003.413, Florida Statutes, are
  156  amended to read:
  157         1003.413 Florida Secondary School Redesign Act.—
  158         (3) Based on these guiding principles, district school
  159  boards shall establish policies to implement the requirements of
  160  ss. 1003.4156, 1003.428, and 1003.493. The policies must
  161  address:
  162         (d) Credit recovery courses and intensive reading and
  163  mathematics intervention services courses based on student
  164  performance on diagnostic assessments, subject area assessments,
  165  or end-of-course examinations the FCAT. These courses and
  166  intervention services should be competency based and offered
  167  through innovative delivery systems, including computer-assisted
  168  instruction. School districts should use learning gains as well
  169  as other appropriate data and provide incentives to identify and
  170  reward high-performing teachers who teach credit recovery
  171  courses and provide intensive intervention services courses.
  172         (4) In order to support the successful implementation of
  173  this section by district school boards, the Department of
  174  Education shall:
  175         (e) Use data to provide the Legislature with an annual
  176  longitudinal analysis of the success of this reform effort,
  177  including the progress of 6th grade students and 9th grade
  178  students not meeting grade-level expectations on end-of-course
  179  examinations or subject area assessments in scoring at Level 1
  180  on FCAT reading or FCAT mathematics.
  181         Section 4. Subsection (1) of section 1003.4156, Florida
  182  Statutes, is amended to read:
  183         1003.4156 General requirements for middle grades
  184  promotion.—
  185         (1) Beginning with students entering grade 6 in the 2006
  186  2007 school year, Promotion from a school composed of middle
  187  grades 6, 7, and 8 requires that:
  188         (a) The student must successfully complete academic courses
  189  as follows:
  190         1. Three middle school or higher courses in English. These
  191  courses shall emphasize literature, composition, and technical
  192  text.
  193         2. Three middle school or higher courses in mathematics.
  194  Each middle school must offer at least one high school level
  195  mathematics course for which students may earn high school
  196  credit.
  197         3. Three middle school or higher courses in social studies,
  198  one semester of which must include the study of state and
  199  federal government and civics education.
  200         4. Three middle school or higher courses in science.
  201         5. One course in career and education planning to be
  202  completed in 7th or 8th grade. The course may be taught by any
  203  member of the instructional staff; must include career
  204  exploration using CHOICES for the 21st Century or a comparable
  205  cost-effective program; must include educational planning using
  206  the online student advising system known as Florida Academic
  207  Counseling and Tracking for Students at the Internet website
  208  FACTS.org; and shall result in the completion of a personalized
  209  academic and career plan.
  210  
  211  Each school must hold a parent meeting either in the evening or
  212  on a weekend to inform parents about the course curriculum and
  213  activities. Each student shall complete an electronic personal
  214  education plan that must be signed by the student; the student’s
  215  instructor, guidance counselor, or academic advisor; and the
  216  student’s parent. By January 1, 2007, the Department of
  217  Education shall develop course frameworks and professional
  218  development materials for the career exploration and education
  219  planning course. The course may be implemented as a stand-alone
  220  course or integrated into another course or courses. The
  221  Commissioner of Education shall collect longitudinal high school
  222  course enrollment data by student ethnicity in order to analyze
  223  course-taking patterns.
  224         (b) For each year in which a student’s performance on a
  225  diagnostic assessment or a subject area assessment in student
  226  scores at Level l on FCAT reading does not meet grade-level
  227  expectations, the student must be enrolled in and complete an
  228  intensive reading course the following year. Placement of
  229  students Level 2 readers in either an intensive reading course
  230  or a content area course in which reading strategies are
  231  delivered shall be determined by diagnosis of reading needs. The
  232  department shall provide guidance on appropriate strategies for
  233  diagnosing and meeting the varying instructional needs of
  234  students reading below grade level. Reading courses shall be
  235  designed and offered pursuant to the comprehensive reading plan
  236  required by s. 1011.62(9).
  237         (c) For each year in which a student’s performance on a
  238  diagnostic assessment, a subject area assessment, or an end-of
  239  course examination in student scores at Level 1 or Level 2 on
  240  FCAT mathematics does not meet grade-level expectations, the
  241  student must receive remediation the following year, which may
  242  be integrated into the student’s required mathematics course.
  243         Section 5. Subsections (1), (2), and (4) and paragraph (b)
  244  of subsection (8) of section 1003.428, Florida Statutes, are
  245  amended to read:
  246         1003.428 General requirements for high school graduation;
  247  revised.—
  248         (1) Except as otherwise authorized pursuant to s. 1003.429,
  249  beginning with students entering their first year of high school
  250  in the 2007-2008 school year, graduation requires the successful
  251  completion of a minimum of 24 credits, an International
  252  Baccalaureate curriculum, or an Advanced International
  253  Certificate of Education curriculum. Students must be advised of
  254  the Advanced Placement, International Baccalaureate, Advanced
  255  International Certificate of Education, career academy
  256  coursework that leads to national industry certification, and
  257  dual enrollment courses available, as well as the availability
  258  of course offerings through the Florida Virtual School. Students
  259  must also be advised of eligibility requirements for state
  260  scholarship programs and postsecondary admissions.
  261         (2) The 24 credits may be earned through applied,
  262  integrated, and combined courses approved by the Department of
  263  Education and shall be distributed as follows:
  264         (a) Sixteen core curriculum credits:
  265         1. Four credits in English, with major concentration in
  266  composition, reading for information, and literature.
  267         2. Four credits in mathematics, one of which must be
  268  Algebra I, a series of courses equivalent to Algebra I, or a
  269  higher-level mathematics course. Beginning with students
  270  entering grade 9 in the 2014-2015 school year, one of the four
  271  credits must be Algebra I or a series of courses equivalent to
  272  Algebra I as approved by the State Board of Education, one
  273  credit must be geometry or a series of courses equivalent to
  274  geometry as approved by the State Board of Education, and one
  275  credit must be Algebra II or a series of courses equivalent to
  276  Algebra II as approved by the State Board of Education. School
  277  districts are encouraged to set specific goals to increase
  278  enrollments in, and successful completion of, geometry and
  279  Algebra II.
  280         3. Three credits in science, two of which must have a
  281  laboratory component. Beginning with students entering grade 9
  282  in the 2014-2015 school year, one of the three credits must be
  283  Biology I or a series of courses equivalent to Biology I as
  284  approved by the State Board of Education, one credit must be
  285  chemistry or physics or a series of courses equivalent to
  286  chemistry or physics as approved by the State Board of
  287  Education, and one credit must be a higher-level science course.
  288  At least two of the science courses must have a laboratory
  289  component.
  290         4. Three credits in social studies as follows: one credit
  291  in American history; one credit in world history; one-half
  292  credit in economics; and one-half credit in American government.
  293         5. One credit in fine or performing arts, speech and
  294  debate, or a practical arts course that incorporates artistic
  295  content and techniques of creativity, interpretation, and
  296  imagination. Eligible practical arts courses shall be identified
  297  through the Course Code Directory.
  298         6. One credit in physical education to include integration
  299  of health. Participation in an interscholastic sport at the
  300  junior varsity or varsity level for two full seasons shall
  301  satisfy the one-credit requirement in physical education if the
  302  student passes a competency test on personal fitness with a
  303  score of “C” or better. The competency test on personal fitness
  304  must be developed by the Department of Education. A district
  305  school board may not require that the one credit in physical
  306  education be taken during the 9th grade year. Completion of one
  307  semester with a grade of “C” or better in a marching band class,
  308  in a physical activity class that requires participation in
  309  marching band activities as an extracurricular activity, or in a
  310  dance class shall satisfy one-half credit in physical education
  311  or one-half credit in performing arts. This credit may not be
  312  used to satisfy the personal fitness requirement or the
  313  requirement for adaptive physical education under an individual
  314  education plan (IEP) or 504 plan. Completion of 2 years in a
  315  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  316  component of which is drills, shall satisfy the one-credit
  317  requirement in physical education and the one-credit requirement
  318  in performing arts. This credit may not be used to satisfy the
  319  personal fitness requirement or the requirement for adaptive
  320  physical education under an individual education plan (IEP) or
  321  504 plan.
  322         (b) Eight credits in majors, minors, or electives:
  323         1. Four credits in a major area of interest, such as
  324  sequential courses in a career and technical program, fine and
  325  performing arts, or academic content area, selected by the
  326  student as part of the education plan required by s. 1003.4156.
  327  Students may revise major areas of interest each year as part of
  328  annual course registration processes and should update their
  329  education plan to reflect such revisions. Annually by October 1,
  330  the district school board shall approve major areas of interest
  331  and submit the list of majors to the Commissioner of Education
  332  for approval. Each major area of interest shall be deemed
  333  approved unless specifically rejected by the commissioner within
  334  60 days. Upon approval, each district’s major areas of interest
  335  shall be available for use by all school districts and shall be
  336  posted on the department’s website.
  337         2. Four credits in elective courses selected by the student
  338  as part of the education plan required by s. 1003.4156. These
  339  credits may be combined to allow for a second major area of
  340  interest pursuant to subparagraph 1., a minor area of interest,
  341  elective courses, or intensive reading or mathematics
  342  intervention courses as described in this subparagraph.
  343         a. Minor areas of interest are composed of three credits
  344  selected by the student as part of the education plan required
  345  by s. 1003.4156 and approved by the district school board.
  346         b. Elective courses are selected by the student in order to
  347  pursue a complete education program as described in s.
  348  1001.41(3) and to meet eligibility requirements for
  349  scholarships.
  350         c. For each year in which a student’s performance on a
  351  diagnostic assessment or subject area assessment in student
  352  scores at Level l on FCAT reading does not meet grade-level
  353  expectations, the student must receive remediation and
  354  intervention services as soon as feasible but no later than be
  355  enrolled in and complete an intensive reading course the
  356  following year. Placement of students Level 2 readers in either
  357  a an intensive reading course or a content area course in which
  358  reading strategies are delivered shall be determined by
  359  diagnosis of reading needs. The department shall provide
  360  guidance on appropriate strategies for diagnosing and meeting
  361  the varying instructional needs of students reading below grade
  362  level. Reading courses shall be designed and offered pursuant to
  363  the comprehensive reading plan required by s. 1011.62(9).
  364         d. For each year in which a student’s performance on a
  365  diagnostic assessment, a subject area assessment, or an end-of
  366  course examination in student scores at Level 1 or Level 2 on
  367  FCAT mathematics does not meet grade-level expectations, the
  368  student must receive remediation and intervention services as
  369  soon as feasible but no later than the following year.
  370  Intervention These courses may be taught through applied,
  371  integrated, or combined courses and are subject to approval by
  372  the department for inclusion in the Course Code Directory.
  373         (4) Each district school board shall establish standards
  374  for graduation from its schools, which must include:
  375         (a) Successful completion of the academic credit or
  376  curriculum requirements of subsections (1) and (2).
  377         (b) Successful overall academic performance based on end
  378  of-course examinations, grade point average, student portfolios,
  379  and, if determined by the State Board of Education, other
  380  measurable indicators of student progress. Earning passing
  381  scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
  382  a standardized test that are concordant with passing scores on
  383  the FCAT as defined in s. 1008.22(10).
  384         (c) Completion of all other applicable requirements
  385  prescribed by the district school board pursuant to s. 1008.25.
  386         (d) Achievement of a cumulative grade point average of 2.0
  387  on a 4.0 scale, or its equivalent, in the courses required by
  388  this section.
  389  
  390  Each district school board shall adopt policies designed to
  391  assist students in meeting the requirements of this subsection.
  392  These policies may include, but are not limited to: forgiveness
  393  policies, summer school or before or after school attendance,
  394  special counseling, volunteers or peer tutors, school-sponsored
  395  help sessions, homework hotlines, and study skills classes.
  396  Forgiveness policies for required courses shall be limited to
  397  replacing a grade of “D” or “F,” or the equivalent of a grade of
  398  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  399  a grade of “C” or higher, earned subsequently in the same or
  400  comparable course. Forgiveness policies for elective courses
  401  shall be limited to replacing a grade of “D” or “F,” or the
  402  equivalent of a grade of “D” or “F,” with a grade of “C” or
  403  higher, or the equivalent of a grade of “C” or higher, earned
  404  subsequently in another course. The only exception to these
  405  forgiveness policies shall be made for a student in the middle
  406  grades who takes any high school course for high school credit
  407  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  408  grade of “C,” “D,” or “F.” In such case, the district
  409  forgiveness policy must allow the replacement of the grade with
  410  a grade of “C” or higher, or the equivalent of a grade of “C” or
  411  higher, earned subsequently in the same or comparable course. In
  412  all cases of grade forgiveness, only the new grade shall be used
  413  in the calculation of the student’s grade point average. Any
  414  course grade not replaced according to a district school board
  415  forgiveness policy shall be included in the calculation of the
  416  cumulative grade point average required for graduation.
  417         (8)
  418         (b) A student with a disability, as defined in s.
  419  1007.02(2), for whom the individual education plan (IEP)
  420  committee determines that an end-of-course examination the FCAT
  421  cannot accurately measure the student’s abilities taking into
  422  consideration all allowable accommodations, shall have the end
  423  of-course examination results that are used as a partial basis
  424  for determining successful overall academic performance under
  425  FCAT requirement of paragraph (4)(b) waived for the purpose of
  426  receiving a standard high school diploma, if the student:
  427         1. completes the minimum number of credits and other
  428  requirements prescribed by subsections (1), (2), and (3).
  429         2. Does not meet the requirements of paragraph (4)(b) after
  430  one opportunity in 10th grade and one opportunity in 11th grade.
  431         Section 6. Subsections (1) and (6), paragraph (c) of
  432  subsection (7), and subsection (8) of section 1003.429, Florida
  433  Statutes, are amended to read:
  434         1003.429 Accelerated high school graduation options.—
  435         (1) Students who enter grade 9 in the 2006-2007 school year
  436  and thereafter may select, upon receipt of each consent required
  437  by this section, one of the following three high school
  438  graduation options:
  439         (a) Completion of the general requirements for high school
  440  graduation pursuant to s. 1003.428 or s. 1003.43;
  441         (b) Completion of a 3-year standard college preparatory
  442  program requiring successful completion of a minimum of 18
  443  academic credits in grades 9 through 12. At least 6 of the 18
  444  credits required for completion of this program must be received
  445  in classes that are offered pursuant to the International
  446  Baccalaureate Program, the Advanced Placement Program, dual
  447  enrollment, or the Advanced International Certificate of
  448  Education Program, or specifically listed or identified by the
  449  Department of Education as rigorous pursuant to s. 1009.531(3).
  450  Students must be advised of the Advanced Placement,
  451  International Baccalaureate, Advanced International Certificate
  452  of Education, career academy coursework that leads to national
  453  industry certification, and dual enrollment courses available,
  454  as well as the availability of course offerings through the
  455  Florida Virtual School. The 18 credits required for completion
  456  of this program shall be primary requirements and shall be
  457  distributed as follows:
  458         1. Four credits in English, with major concentration in
  459  composition and literature;
  460         2. Three credits in mathematics at the Algebra I level or
  461  higher from the list of courses that qualify for state
  462  university admission;
  463         3. Three credits in natural science, two of which must have
  464  a laboratory component;
  465         4. Three credits in social sciences, which must include one
  466  credit in American history, one credit in world history, one
  467  half credit in American government, and one-half credit in
  468  economics;
  469         5. Two credits in the same second language unless the
  470  student is a native speaker of or can otherwise demonstrate
  471  competency in a language other than English. If the student
  472  demonstrates competency in another language, the student may
  473  replace the language requirement with two credits in other
  474  academic courses; and
  475         6. Three credits in electives; or
  476         (c) Completion of a 3-year career preparatory program
  477  requiring successful completion of a minimum of 18 academic
  478  credits in grades 9 through 12. The 18 credits shall be primary
  479  requirements and shall be distributed as follows:
  480         1. Four credits in English, with major concentration in
  481  composition and literature;
  482         2. Three credits in mathematics, one of which must be
  483  Algebra I;
  484         3. Three credits in natural science, two of which must have
  485  a laboratory component;
  486         4. Three credits in social sciences, which must include one
  487  credit in American history, one credit in world history, one
  488  half credit in American government, and one-half credit in
  489  economics;
  490         5. Three credits in a single vocational or career education
  491  program, three credits in career and technical certificate dual
  492  enrollment courses, or five credits in vocational or career
  493  education courses; and
  494         6. Two credits in electives unless five credits are earned
  495  pursuant to subparagraph 5.
  496  
  497  Any student who selected an accelerated graduation program
  498  before July 1, 2004, may continue that program, and all
  499  statutory program requirements that were applicable when the
  500  student made the program choice shall remain applicable to the
  501  student as long as the student continues that program.
  502         (6) Students pursuing accelerated 3-year high school
  503  graduation options pursuant to paragraph (1)(b) or paragraph
  504  (1)(c) are required to:
  505         (a) Achieve successful overall academic performance based
  506  on end-of-course examinations, grade point average, student
  507  portfolios, and, if determined by the State Board of Education,
  508  other measurable indicators of student progress. Earn passing
  509  scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
  510  standardized test that are concordant with passing scores on the
  511  FCAT as defined in s. 1008.22(10).
  512         (b)1. Achieve a cumulative weighted grade point average of
  513  3.5 on a 4.0 scale, or its equivalent, in the courses required
  514  for the college preparatory accelerated 3-year high school
  515  graduation option pursuant to paragraph (1)(b); or
  516         2. Achieve a cumulative weighted grade point average of 3.0
  517  on a 4.0 scale, or its equivalent, in the courses required for
  518  the career preparatory accelerated 3-year high school graduation
  519  option pursuant to paragraph (1)(c).
  520         (c) Receive a weighted or unweighted grade that earns at
  521  least 3.0 points, or its equivalent, to earn course credit
  522  toward the 18 credits required for the college preparatory
  523  accelerated 3-year high school graduation option pursuant to
  524  paragraph (1)(b).
  525         (d) Receive a weighted or unweighted grade that earns at
  526  least 2.0 points, or its equivalent, to earn course credit
  527  toward the 18 credits required for the career preparatory
  528  accelerated 3-year high school graduation option pursuant to
  529  paragraph (1)(c).
  530  
  531  Weighted grades referred to in paragraphs (b), (c), and (d)
  532  shall be applied to those courses specifically listed or
  533  identified by the department as rigorous pursuant to s.
  534  1009.531(3) or weighted by the district school board for class
  535  ranking purposes.
  536         (7) If, at the end of grade 10, a student is not on track
  537  to meet the credit, assessment, or grade-point-average
  538  requirements of the accelerated graduation option selected, the
  539  school shall notify the student and parent of the following:
  540         (c) The right of the student to change to the 4-year
  541  program set forth in s. 1003.428 or s. 1003.43.
  542         (8) A student who selected one of the accelerated 3-year
  543  graduation options shall automatically move to the 4-year
  544  program set forth in s. 1003.428 or s. 1003.43 if the student:
  545         (a) Exercises his or her right to change to the 4-year
  546  program;
  547         (b) Fails to earn 5 credits by the end of grade 9 or fails
  548  to earn 11 credits by the end of grade 10;
  549         (c) Does not achieve a passing score of 3 or higher on an
  550  end-of-course examination in language arts the grade 10 FCAT
  551  writing assessment; or
  552         (d) By the end of grade 11 does not meet the requirements
  553  of subsections (1) and (6).
  554         Section 7. Subsections (1), (2), and (3) of section
  555  1003.433, Florida Statutes, are amended to read:
  556         1003.433 Learning opportunities for out-of-state and out
  557  of-country transfer students and students needing additional
  558  instruction to meet high school graduation requirements.—
  559         (1) Students who enter a Florida public school at the
  560  eleventh or twelfth grade from out of state or from a foreign
  561  country shall not be required to spend additional time in a
  562  Florida public school in order to meet the high school course
  563  requirements if the student has met all requirements of the
  564  school district, state, or country from which he or she is
  565  transferring. Such students who are not proficient in English
  566  should receive immediate and intensive instruction in English
  567  language acquisition. However, to receive a standard high school
  568  diploma, a transfer student must achieve successful overall
  569  academic performance based on end-of-course examinations, earn a
  570  2.0 or higher grade point average, student portfolios, and, if
  571  determined by the State Board of Education, other measurable
  572  indicators of student progress and pass the grade 10 FCAT
  573  required in s. 1008.22(3) or an alternate assessment as
  574  described in s. 1008.22(10).
  575         (2) Students who do not meet have met all requirements for
  576  the standard high school diploma except for passage of the grade
  577  10 FCAT or an alternate assessment by the end of grade 12 must
  578  be provided the following learning opportunities:
  579         (a) Participation in an accelerated high school equivalency
  580  diploma preparation program during the summer.
  581         (b) Upon receipt of a certificate of completion, be allowed
  582  to take the College Placement Test and be admitted to remedial
  583  or credit courses at a state community college, as appropriate.
  584         (c) Participation in an adult general education program as
  585  provided in s. 1004.93 for such time as the student requires to
  586  master English, reading, mathematics, or any other subject
  587  required for high school graduation. Students attending adult
  588  basic, adult secondary, or vocational-preparatory instruction
  589  are exempt from any requirement for the payment of tuition and
  590  fees, including lab fees, pursuant to s. 1009.25. A student
  591  attending an adult general education program shall have the
  592  opportunity to take the grade 10 FCAT an unlimited number of
  593  times in order to receive a standard high school diploma.
  594         (3) Students who have been enrolled in an ESOL program for
  595  less than 2 school years and have not met all requirements for
  596  the standard high school diploma except for passage of the grade
  597  10 FCAT or alternate assessment may receive immersion English
  598  language instruction during the summer following their senior
  599  year. Students receiving such instruction are eligible to take
  600  the FCAT or alternate assessment and receive a standard high
  601  school diploma upon achievement of successful overall academic
  602  performance pursuant to subsection (1) passage of the grade 10
  603  FCAT or the alternate assessment. This subsection shall be
  604  implemented to the extent funding is provided in the General
  605  Appropriations Act.
  606         Section 8. Paragraph (k) of subsection (4) of section
  607  1003.493, Florida Statutes, is amended to read:
  608         1003.493 Career and professional academies.—
  609         (4) Each career and professional academy must:
  610         (k) Include an evaluation plan developed jointly with the
  611  Department of Education and the local workforce board. The
  612  evaluation plan must include an assessment tool based on
  613  national industry standards, such as the Career Academy National
  614  Standards of Practice, and outcome measures, including, but not
  615  limited to, achievement of industry certifications, graduation
  616  rates, enrollment in postsecondary education, business and
  617  industry satisfaction, employment and earnings, awards of
  618  postsecondary credit and scholarships, and end-of-course
  619  examination FCAT achievement levels and learning gains. The
  620  Department of Education shall use Workforce Florida, Inc., and
  621  Enterprise Florida, Inc., in identifying industry experts to
  622  participate in developing and implementing such assessments.
  623         Section 9. Paragraph (c) of subsection (6) of section
  624  1007.35, Florida Statutes, is amended to read:
  625         1007.35 Florida Partnership for Minority and
  626  Underrepresented Student Achievement.—
  627         (6) The partnership shall:
  628         (c) Provide teacher training and materials that are aligned
  629  with the Next Generation Sunshine State Standards and are
  630  consistent with best theory and practice regarding multiple
  631  learning styles and research on learning, instructional
  632  strategies, instructional design, and classroom assessment.
  633  Curriculum materials must be based on current, accepted, and
  634  essential academic knowledge. Materials for prerequisite courses
  635  should, at a minimum, address the skills assessed on the Florida
  636  Comprehensive Assessment Test (FCAT).
  637         Section 10. Paragraph (a) of subsection (1), paragraphs (c)
  638  and (g) of subsection (3), paragraphs (b) and (c) of subsection
  639  (4), paragraph (a) of subsection (7), and subsections (9)
  640  through (12) of section 1008.22, Florida Statutes, are amended
  641  to read:
  642         1008.22 Student assessment program for public schools.—
  643         (1) PURPOSE.—The primary purposes of the student assessment
  644  program are to provide information needed to improve the public
  645  schools by enhancing the learning gains of all students and to
  646  inform parents of the educational progress of their public
  647  school children. The program must be designed to:
  648         (a) Assess the annual learning gains of each student toward
  649  achieving the Next Generation Sunshine State Standards
  650  appropriate for the student’s grade level.
  651         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  652  design and implement a statewide program of educational
  653  assessment that provides information for the improvement of the
  654  operation and management of the public schools, including
  655  schools operating for the purpose of providing educational
  656  services to youth in Department of Juvenile Justice programs.
  657  The commissioner may enter into contracts for the continued
  658  administration of the assessment, testing, and evaluation
  659  programs authorized and funded by the Legislature. Contracts may
  660  be initiated in 1 fiscal year and continue into the next and may
  661  be paid from the appropriations of either or both fiscal years.
  662  The commissioner is authorized to negotiate for the sale or
  663  lease of tests, scoring protocols, test scoring services, and
  664  related materials developed pursuant to law. Pursuant to the
  665  statewide assessment program, the commissioner shall:
  666         (c) Develop and implement a student achievement testing
  667  program consisting of subject area assessments for students in
  668  grades 3 through 5, subject area assessments and end-of-course
  669  examinations for students in grades 6 through 12, and diagnostic
  670  assessments for students in grades 6, 8, and 10 known as the
  671  Florida Comprehensive Assessment Test (FCAT) as part of the
  672  statewide assessment program to measure a student’s content
  673  knowledge and skills in language arts, reading, writing,
  674  science, and mathematics, and other core and noncore subject
  675  areas as determined by the State Board of Education. Subject
  676  area assessments and end-of-course examinations Other content
  677  areas may be included as directed by the commissioner.
  678  Comprehensive assessments of reading and mathematics shall be
  679  administered annually in grades 3 through 10. Comprehensive
  680  assessments of writing and science shall be administered at
  681  least once at the elementary, middle, and high school levels.
  682  End-of-course assessments for a subject may be administered in
  683  addition to the comprehensive assessments required for that
  684  subject under this paragraph. An end-of-course assessment must
  685  be rigorous, statewide, standardized, and developed or approved
  686  by the department. The content knowledge and skills assessed by
  687  comprehensive subject area assessments and end-of-course
  688  examinations assessments must be aligned to the core curricular
  689  content established in the Next Generation Sunshine State
  690  Standards. The commissioner may select one or more nationally
  691  developed comprehensive examinations, which may include, but
  692  need not be limited to, examinations for a College Board
  693  Advanced Placement course, International Baccalaureate course,
  694  or Advanced International Certificate of Education course or
  695  industry-approved examinations to earn national industry
  696  certifications as defined in s. 1003.492, for use as end-of
  697  course examinations assessments under this paragraph, if the
  698  commissioner determines that the content knowledge and skills
  699  assessed by the examinations meet or exceed the grade level
  700  expectations for the core curricular content established for the
  701  course in the Next Generation Sunshine State Standards. The
  702  commissioner may collaborate with the American Diploma Project
  703  in the adoption or development of rigorous end-of-course
  704  examinations assessments that are aligned to the Next Generation
  705  Sunshine State Standards. The testing program must be designed
  706  as follows:
  707         1. The tests shall measure student skills and competencies
  708  adopted by the State Board of Education as specified in
  709  paragraph (a). The tests must measure and report student
  710  proficiency levels of all students assessed in reading, writing,
  711  mathematics, and science. The commissioner shall provide for the
  712  tests to be developed or obtained, as appropriate, through
  713  contracts and project agreements with private vendors, public
  714  vendors, public agencies, postsecondary educational
  715  institutions, or school districts. The commissioner shall obtain
  716  input with respect to the design and implementation of the
  717  testing program from education stakeholders and experts, state
  718  educators, assistive technology experts, and the public.
  719         2.a. The testing program shall be composed of criterion
  720  referenced tests that shall, to the extent determined by the
  721  commissioner, include test items that require the student to
  722  produce information or perform tasks in such a way that the core
  723  content knowledge and skills he or she uses can be measured.
  724         b. Diagnostic assessments shall be given to students in
  725  grades 6, 8, and 10 in language arts, mathematics, and science
  726  content knowledge and skills and shall be used to keep students
  727  on track to graduate from high school. The diagnostic
  728  assessments shall be designed to identify specific academic
  729  weaknesses in individual students and to provide specific
  730  diagnostic information to help focus instruction most
  731  effectively to meet the needs of individual students.
  732         c. To ensure that students are progressing and meeting
  733  international benchmarks, the testing program may include use of
  734  international assessments, including the Program for
  735  International Student Assessment and the Trends in International
  736  Mathematics and Science Study, as diagnostic tools.
  737         3. Beginning with the 2008-2009 school year, the
  738  commissioner shall discontinue administration of the selected
  739  response test items on the comprehensive assessments of writing.
  740  Beginning with the 2012-2013 school year, the comprehensive
  741  assessments of writing shall be composed of a combination of
  742  selected-response test items, short-response performance tasks,
  743  and extended-response performance tasks, which shall measure a
  744  student’s content knowledge of writing, including, but not
  745  limited to, paragraph and sentence structure, sentence
  746  construction, grammar and usage, punctuation, capitalization,
  747  spelling, parts of speech, verb tense, irregular verbs, subject
  748  verb agreement, and noun-pronoun agreement.
  749         4. A score shall be designated for each subject area tested
  750  and end-of-course examination, below which score a student’s
  751  performance is deemed inadequate. The school districts shall
  752  provide appropriate remedial instruction and intervention
  753  services to students who score below these levels.
  754         5. Except as provided in s. 1003.428(8)(b) or s.
  755  1003.43(11)(b), students must achieve successful overall
  756  academic performance based partially on end-of-course
  757  examinations earn a passing score on the grade 10 assessment
  758  test described in this paragraph or attain concordant scores as
  759  described in subsection (10) in reading, writing, and
  760  mathematics to qualify for a standard high school diploma. The
  761  State Board of Education shall designate a passing score for
  762  each part of the grade 10 assessment test. In establishing
  763  passing scores, the state board shall consider any possible
  764  negative impact of the test on minority students. The State
  765  Board of Education shall adopt rules which specify the passing
  766  scores for end-of-course examinations the grade 10 FCAT. Any
  767  such rules, which have the effect of raising the required
  768  passing scores, shall apply only to students taking the grade 10
  769  FCAT for the first time after such rules are adopted by the
  770  State Board of Education.
  771         6. Participation in the testing program is mandatory for
  772  all students attending public school, including students served
  773  in Department of Juvenile Justice programs, except as otherwise
  774  prescribed by the commissioner. If a student does not
  775  participate in the statewide assessment, the district must
  776  notify the student’s parent and provide the parent with
  777  information regarding the implications of such nonparticipation.
  778  A parent must provide signed consent for a student to receive
  779  classroom instructional accommodations that would not be
  780  available or permitted on the statewide assessments and must
  781  acknowledge in writing that he or she understands the
  782  implications of such instructional accommodations. The State
  783  Board of Education shall adopt rules, based upon recommendations
  784  of the commissioner, for the provision of test accommodations
  785  for students in exceptional education programs and for students
  786  who have limited English proficiency. Accommodations that negate
  787  the validity of a statewide assessment are not allowable in the
  788  administration of subject area assessments and end-of-course
  789  examinations the FCAT. However, instructional accommodations are
  790  allowable in the classroom if included in a student’s individual
  791  education plan. Students using instructional accommodations in
  792  the classroom that are not allowable as accommodations on end
  793  of-course examinations the FCAT may have end-of-course
  794  examination requirements the FCAT requirement waived pursuant to
  795  the requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
  796         7. A student seeking an adult high school diploma must meet
  797  the same testing requirements that a regular high school student
  798  must meet.
  799         8. District school boards must provide instruction to
  800  prepare students to demonstrate proficiency in the core
  801  curricular content established in the Next Generation Sunshine
  802  State Standards adopted under s. 1003.41, including the core
  803  content knowledge and skills necessary for successful grade-to
  804  grade progression and high school graduation. If a student is
  805  provided with instructional accommodations in the classroom that
  806  are not allowable as accommodations in the statewide assessment
  807  program, as described in the test manuals, the district must
  808  inform the parent in writing and must provide the parent with
  809  information regarding the impact on the student’s ability to
  810  meet expected proficiency levels in reading, writing, and
  811  mathematics. The commissioner shall conduct studies as necessary
  812  to verify that the required core curricular content is part of
  813  the district instructional programs.
  814         9. District school boards must provide opportunities for
  815  students to demonstrate an acceptable level of performance on an
  816  alternative standardized subject area assessment or end-of
  817  course examination approved by the State Board of Education
  818  following enrollment in summer academies.
  819         10. The Department of Education must develop, or select,
  820  and implement a common battery of assessment tools that will be
  821  used in all juvenile justice programs in the state. These tools
  822  must accurately measure the core curricular content established
  823  in the Next Generation Sunshine State Standards.
  824         11. For students seeking a special diploma pursuant to s.
  825  1003.438, the Department of Education must develop or select and
  826  implement an alternate assessment tool that accurately measures
  827  the core curricular content established in the Next Generation
  828  Sunshine State Standards for students with disabilities under s.
  829  1003.438.
  830         12. The Commissioner of Education shall establish schedules
  831  for the administration of statewide assessments and the
  832  reporting of student test results. The commissioner shall, by
  833  August 1 of each year, notify each school district in writing
  834  and publish on the department’s Internet website the testing and
  835  reporting schedules for, at a minimum, the school year following
  836  the upcoming school year. The testing and reporting schedules
  837  shall require that:
  838         a. There is the latest possible administration of statewide
  839  subject area assessments and the earliest possible reporting to
  840  the school districts of student test results which is feasible
  841  within available technology and specific appropriations;
  842  however, test results must be made available no later than the
  843  final day of the regular school year for students.
  844         b. Beginning with the 2010-2011 school year, a
  845  comprehensive statewide assessment of writing is not
  846  administered earlier than the week of March 1 and a
  847  comprehensive statewide assessment of any other subject is not
  848  administered earlier than the week of April 15.
  849         c. A statewide standardized end-of-course examination
  850  assessment is administered within the last 2 weeks of the course
  851  and test results are reported as soon as possible but no later
  852  than the final day of the semester or regular school year, as
  853  applicable.
  854  
  855  The commissioner may, based on collaboration and input from
  856  school districts, design and implement student testing programs,
  857  for any grade level and subject area, necessary to effectively
  858  monitor educational achievement in the state, including the
  859  measurement of educational achievement of the Next Generation
  860  Sunshine State Standards for students with disabilities.
  861  Development and refinement of assessments shall include
  862  universal design principles and accessibility standards that
  863  will prevent any unintended obstacles for students with
  864  disabilities while ensuring the validity and reliability of the
  865  test. These principles should be applicable to all technology
  866  platforms and assistive devices available for the assessments.
  867  The field testing process and psychometric analyses for the
  868  statewide assessment program must include an appropriate
  869  percentage of students with disabilities and an evaluation or
  870  determination of the effect of test items on such students.
  871         (g) Conduct ongoing analysis of the Study the cost and
  872  student achievement impact of secondary end-of-course
  873  examinations assessments, including web-based and performance
  874  formats, and report such information to the Legislature prior to
  875  implementation.
  876         (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
  877  ACTIVITIES.—Beginning with the 2008-2009 school year, a district
  878  school board shall prohibit each public school from suspending a
  879  regular program of curricula for purposes of administering
  880  practice tests or engaging in other test-preparation activities
  881  for a statewide assessment. However, a district school board may
  882  authorize a public school to engage in the following test
  883  preparation activities for a statewide assessment:
  884         (b) Providing individualized instruction in test-taking
  885  strategies, without suspending the school’s regular program of
  886  curricula, for a student who is identified through performance
  887  on a subject area assessment or an end-of-course examination as
  888  having a deficiency in test-taking skills scores at Level 1 or
  889  Level 2 on a prior administration of the statewide assessment.
  890         (c) Providing individualized instruction in the content
  891  knowledge and skills assessed, without suspending the school’s
  892  regular program of curricula, for a student who scores at Level
  893  1 or Level 2 on a prior administration of the statewide
  894  assessment or a student who, through a subject area assessment,
  895  an end-of-course examination, or a diagnostic assessment
  896  administered by the school district, is identified as having a
  897  deficiency in the content knowledge and skills assessed.
  898         (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
  899  minimum, for the following analyses of data produced by the
  900  student achievement testing program:
  901         (a) The statistical system for the annual assessments shall
  902  use measures of student learning, such as subject area
  903  assessments and end-of-course examinations the FCAT, to
  904  determine teacher, school, and school district statistical
  905  distributions, which shall be determined using available data
  906  from the assessments and examinations the FCAT, and other data
  907  collection as deemed appropriate by the Department of Education,
  908  to measure the differences in student prior year achievement
  909  compared to the current year achievement for the purposes of
  910  accountability and recognition.
  911         (9) APPLICABILITY OF TESTING STANDARDS.—
  912         (a) If the Commissioner of Education revises a statewide
  913  assessment and the revisions require the State Board of
  914  Education to modify the assessment’s proficiency levels or
  915  modify the passing scores required for a standard high school
  916  diploma, until the state board adopts the modifications by rule,
  917  the commissioner shall use calculations for scoring the
  918  assessment which adjust student scores on the revised assessment
  919  for statistical equivalence to student scores on the former
  920  assessment.
  921         (b) A student must attain the passing scores on the
  922  statewide assessment required for a standard high school diploma
  923  which are in effect at the time the student enters grade 9 if
  924  the student’s enrollment is continuous.
  925         (c) If the commissioner revises a statewide assessment and
  926  the revisions require the State Board of Education to modify the
  927  passing scores required for a standard high school diploma, the
  928  commissioner may, with approval of the state board, discontinue
  929  administration of the former assessment upon the graduation,
  930  based on normal student progression, of students participating
  931  in the final regular administration of the former assessment.
  932  The state board shall adopt by rule passing scores for the
  933  revised assessment which are statistically equivalent to passing
  934  scores on the discontinued assessment for a student required
  935  under paragraph (b) to attain passing scores on the discontinued
  936  assessment.
  937         (10) CONCORDANT SCORES FOR THE FCAT.—
  938         (a) The State Board of Education shall analyze the content
  939  and concordant data sets for widely used high school achievement
  940  tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
  941  and College Placement Test, to assess if concordant scores for
  942  FCAT scores can be determined for high school graduation,
  943  college placement, and scholarship awards. In cases where
  944  content alignment and concordant scores can be determined, the
  945  Commissioner of Education shall adopt those scores as meeting
  946  the graduation requirement in lieu of achieving the FCAT passing
  947  score and may adopt those scores as being sufficient to achieve
  948  additional purposes as determined by rule. Each time that test
  949  content or scoring procedures change for the FCAT or for a high
  950  school achievement test for which a concordant score is
  951  determined, new concordant scores must be determined.
  952         (b) In order to use a concordant subject area score
  953  pursuant to this subsection to satisfy the assessment
  954  requirement for a standard high school diploma as provided in s.
  955  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
  956  take each subject area of the grade 10 FCAT a total of three
  957  times without earning a passing score. The requirements of this
  958  paragraph shall not apply to a new student who enters the
  959  Florida public school system in grade 12, who may either achieve
  960  a passing score on the FCAT or use an approved subject area
  961  concordant score to fulfill the graduation requirement.
  962         (c) The State Board of Education may define by rule the
  963  allowable uses, other than to satisfy the high school graduation
  964  requirement, for concordant scores as described in this
  965  subsection. Such uses may include, but need not be limited to,
  966  achieving appropriate standardized test scores required for the
  967  awarding of Florida Bright Futures Scholarships and college
  968  placement.
  969         (10)(11) REPORTS.—The Department of Education shall
  970  annually provide a report to the Governor, the President of the
  971  Senate, and the Speaker of the House of Representatives on the
  972  following:
  973         (a) Longitudinal performance of students in mathematics and
  974  reading.
  975         (b) Longitudinal performance of students by grade level in
  976  mathematics and reading.
  977         (c) Longitudinal performance regarding efforts to close the
  978  achievement gap.
  979         (d) Other student performance data based on national norm
  980  referenced and criterion-referenced tests, when available, and
  981  numbers of students who after 8th grade enroll in adult
  982  education rather than other secondary education.
  983         (11)(12) RULES.—The State Board of Education shall adopt
  984  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  985  provisions of this section.
  986         Section 11. Subsection (1), paragraph (b) of subsection
  987  (2), subsections (3) and (4), paragraphs (b) and (c) of
  988  subsection (5), paragraphs (b) and (c) of subsection (6),
  989  paragraph (b) of subsection (7), and paragraphs (a) and (b) of
  990  subsection (8) of section 1008.25, Florida Statutes, are amended
  991  to read:
  992         1008.25 Public school student progression; remedial
  993  instruction; reporting requirements.—
  994         (1) INTENT.—It is the intent of the Legislature that each
  995  student’s progression from one grade to another be determined,
  996  in part, upon proficiency in language arts reading, writing,
  997  science, and mathematics; that district school board policies
  998  facilitate such proficiency; and that each student and his or
  999  her parent be informed of that student’s academic progress.
 1000         (2) COMPREHENSIVE PROGRAM.—Each district school board shall
 1001  establish a comprehensive program for student progression which
 1002  must include:
 1003         (b) Specific levels of performance in language arts
 1004  reading, writing, science, and mathematics for each grade level,
 1005  including the levels of performance on statewide assessments as
 1006  defined by the commissioner, below which a student must receive
 1007  remediation or intervention services, or be retained within an
 1008  intensive program that is different from the previous year’s
 1009  program and that takes into account the student’s learning
 1010  style.
 1011         (3) ALLOCATION OF RESOURCES.—District school boards shall
 1012  allocate remedial and supplemental instruction and intervention
 1013  resources to students in the following priority:
 1014         (a) Students who are deficient in reading by the end of
 1015  grade 3.
 1016         (b) Students who fail to meet performance levels required
 1017  for promotion consistent with the district school board’s plan
 1018  for student progression required in paragraph (2)(b).
 1019         (4) ASSESSMENT AND REMEDIATION.—
 1020         (a) Each student must participate in the statewide
 1021  assessment program tests required by s. 1008.22. Each student
 1022  who does not meet specific levels of performance as determined
 1023  by the district school board in language arts reading, writing,
 1024  science, and mathematics for each grade level, or who scores
 1025  below Level 3 in reading or math, must be provided with
 1026  additional diagnostic assessments to determine the nature of the
 1027  student’s difficulty, the areas of academic need, and strategies
 1028  for appropriate intervention and instruction as described in
 1029  paragraph (b).
 1030         (b) The school in which the student is enrolled must
 1031  develop, in consultation with the student’s parent, and must
 1032  implement a progress monitoring plan. A progress monitoring plan
 1033  is intended to provide the school district and the school
 1034  flexibility in meeting the academic needs of the student and to
 1035  reduce paperwork. A student who is not meeting the school
 1036  district or state requirements for proficiency in reading and
 1037  math shall be covered by one of the following plans to target
 1038  instruction and identify ways to improve his or her academic
 1039  achievement:
 1040         1. A federally required student plan such as an individual
 1041  education plan;
 1042         2. A schoolwide system of progress monitoring for all
 1043  students; or
 1044         3. An individualized progress monitoring plan.
 1045  
 1046  The plan chosen must be designed to assist the student or the
 1047  school in meeting state and district expectations for
 1048  proficiency. If the student has been identified as having a
 1049  deficiency in reading, the K-12 comprehensive reading plan
 1050  required by s. 1011.62(9) shall include instructional and
 1051  support services to be provided to meet the desired levels of
 1052  performance. District school boards may require low-performing
 1053  students to attend remediation or intervention programs held
 1054  before or after regular school hours or during the summer if
 1055  transportation is provided.
 1056         (c) Upon subsequent evaluation, if the documented
 1057  deficiency has not been remediated, the student may be retained.
 1058  Each student who does not meet the minimum performance
 1059  expectations defined by the Commissioner of Education for the
 1060  statewide assessment tests in language arts reading, writing,
 1061  science, and mathematics must continue to be provided with
 1062  remedial or supplemental instruction or intervention services
 1063  until the expectations are met or the student graduates from
 1064  high school or is not subject to compulsory school attendance.
 1065         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 1066         (b) Beginning with the 2002-2003 school year, If the
 1067  student’s reading deficiency, as identified in paragraph (a), is
 1068  not remedied by the end of grade 3, as demonstrated by scoring
 1069  at Level 2 or higher on the statewide subject area assessment
 1070  test in reading for grade 3, the student may must be retained at
 1071  the discretion of the principal after consultation with the
 1072  student’s teacher and parent.
 1073         (c) The parent of any student who exhibits a substantial
 1074  deficiency in reading, as described in paragraph (a), must be
 1075  notified in writing of the following:
 1076         1. That his or her child has been identified as having a
 1077  substantial deficiency in reading.
 1078         2. A description of the current services that are provided
 1079  to the child.
 1080         3. A description of the proposed supplemental instructional
 1081  services and supports that will be provided to the child that
 1082  are designed to remediate the identified area of reading
 1083  deficiency.
 1084         4. That if the child’s reading deficiency is not remediated
 1085  by the end of grade 3, the child may must be retained unless he
 1086  or she is exempt from mandatory retention for good cause.
 1087         5. Strategies for parents to use in helping their child
 1088  succeed in reading proficiency.
 1089         6. That the statewide subject area assessment Florida
 1090  Comprehensive Assessment Test (FCAT) is not the sole determiner
 1091  of promotion and that additional evaluations, portfolio reviews,
 1092  and assessments are available to the child to assist parents and
 1093  the school district in knowing when a child is reading at or
 1094  above grade level and ready for grade promotion.
 1095         7. The district’s specific criteria and policies for
 1096  midyear promotion. Midyear promotion means promotion of a
 1097  retained student at any time during the year of retention once
 1098  the student has demonstrated ability to read at grade level.
 1099         (6) ELIMINATION OF SOCIAL PROMOTION.—
 1100         (b) The district school board may promote students only
 1101  exempt students from mandatory retention, as provided in
 1102  paragraph (5)(b), for good cause. Students promoted for good
 1103  cause may include, but are not limited to, exemptions shall be
 1104  limited to the following:
 1105         1. Limited English proficient students who have had less
 1106  than 2 years of instruction in an English for Speakers of Other
 1107  Languages program.
 1108         2. Students with disabilities whose individual education
 1109  plan indicates that participation in the statewide assessment
 1110  program is not appropriate, consistent with the requirements of
 1111  State Board of Education rule.
 1112         3. Students who demonstrate an acceptable level of
 1113  performance on an alternative standardized reading assessment
 1114  approved by the State Board of Education.
 1115         4. Students who demonstrate, through a student portfolio,
 1116  that the student is reading on grade level as evidenced by
 1117  demonstration of mastery of the Next Generation Sunshine State
 1118  Standards in reading equal to at least a Level 2 performance on
 1119  the FCAT.
 1120         5. Students with disabilities who participate in the FCAT
 1121  and who have an individual education plan or a Section 504 plan
 1122  that reflects that the student has received intensive
 1123  remediation or intervention services in reading for more than 2
 1124  years but still demonstrates a deficiency in reading and was
 1125  previously retained in kindergarten, grade 1, grade 2, or grade
 1126  3.
 1127         6. Students who have received intensive remediation or
 1128  intervention services in reading for 2 or more years but still
 1129  demonstrate a deficiency in reading and who were previously
 1130  retained in kindergarten, grade 1, grade 2, or grade 3 for a
 1131  total of 2 years. Intensive reading instruction or intervention
 1132  services for students so promoted must include an altered
 1133  instructional day that includes specialized diagnostic
 1134  information and specific reading strategies for each student.
 1135  The district school board shall assist schools and teachers to
 1136  implement reading strategies that research has shown to be
 1137  successful in improving reading among low-performing readers.
 1138         (c) Promotions for good cause Requests for good cause
 1139  exemptions for students from the mandatory retention requirement
 1140  as described in subparagraphs (b)3. and 4. shall be made
 1141  consistent with the following:
 1142         1. Documentation shall be submitted from the student’s
 1143  teacher to the school principal that indicates that the
 1144  promotion of the student is appropriate and is based upon the
 1145  student’s academic record. In order to minimize paperwork
 1146  requirements, such documentation shall consist only of the
 1147  existing progress monitoring plan, individual educational plan,
 1148  if applicable, report card, or student portfolio.
 1149         2. The school principal shall review and discuss such
 1150  recommendation with the teacher and make the determination as to
 1151  whether the student should be promoted or retained. If the
 1152  school principal determines that the student should be promoted,
 1153  the school principal shall make such recommendation in writing
 1154  to the district school superintendent. The district school
 1155  superintendent shall accept or reject the school principal’s
 1156  recommendation in writing.
 1157         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
 1158         (b) Beginning with the 2004-2005 school year, Each school
 1159  district shall:
 1160         1. Conduct a review of student progress monitoring plans
 1161  for all students who did not score above Level 1 on the reading
 1162  portion of the FCAT and did not meet the criteria for one of the
 1163  good cause exemptions in paragraph (6)(b). The review shall
 1164  address additional supports and services, as described in this
 1165  subsection, needed to remediate the identified areas of reading
 1166  deficiency. The school district shall require a student
 1167  portfolio to be completed for each such student.
 1168         2. Provide students who are retained under the provisions
 1169  of paragraph (5)(b) with intensive instructional services and
 1170  supports to remediate the identified areas of reading
 1171  deficiency, including a minimum of 90 minutes of daily,
 1172  uninterrupted, scientifically research-based reading instruction
 1173  and other strategies prescribed by the school district, which
 1174  may include, but are not limited to:
 1175         a. Small group instruction.
 1176         b. Reduced teacher-student ratios.
 1177         c. More frequent progress monitoring.
 1178         d. Tutoring or mentoring.
 1179         e. Transition classes containing 3rd and 4th grade
 1180  students.
 1181         f. Extended school day, week, or year.
 1182         g. Summer reading camps.
 1183         3. Provide written notification to the parent of any
 1184  student who is retained under the provisions of paragraph (5)(b)
 1185  that his or her child has not met the proficiency level required
 1186  for promotion and the reasons the child is not eligible for a
 1187  good cause promotion exemption as provided in paragraph (6)(b).
 1188  The notification must comply with the provisions of s.
 1189  1002.20(15) and must include a description of proposed
 1190  interventions and supports that will be provided to the child to
 1191  remediate the identified areas of reading deficiency.
 1192         4. Implement a policy for the midyear promotion of any
 1193  student retained under the provisions of paragraph (5)(b) who
 1194  can demonstrate that he or she is a successful and independent
 1195  reader, reading at or above grade level, and ready to be
 1196  promoted to grade 4. Tools that school districts may use in
 1197  reevaluating any student retained may include subsequent
 1198  assessments, alternative assessments, and portfolio reviews, in
 1199  accordance with rules of the State Board of Education. Students
 1200  promoted during the school year after November 1 must
 1201  demonstrate proficiency above that required to score at Level 2
 1202  on the grade 3 FCAT, as determined by the State Board of
 1203  Education. The State Board of Education shall adopt standards
 1204  that provide a reasonable expectation that the student’s
 1205  progress is sufficient to master appropriate 4th grade level
 1206  reading skills.
 1207         5. Provide students who are retained under the provisions
 1208  of paragraph (5)(b) with a high-performing teacher as determined
 1209  by student performance data and above-satisfactory performance
 1210  appraisals.
 1211         6. In addition to required reading enhancement and
 1212  acceleration strategies, provide parents of students to be
 1213  retained with at least one of the following instructional
 1214  options:
 1215         a. Supplemental tutoring in scientifically research-based
 1216  reading services in addition to the regular reading block,
 1217  including tutoring before or and/or after school.
 1218         b. A “Read at Home” plan outlined in a parental contract,
 1219  including participation in “Families Building Better Readers
 1220  Workshops” and regular parent-guided home reading.
 1221         c. A mentor or tutor with specialized reading training.
 1222         7. Establish a Reading Enhancement and Acceleration
 1223  Development (READ) Initiative. The focus of the READ Initiative
 1224  shall be to prevent the retention of grade 3 students and to
 1225  offer intensive accelerated reading instruction to grade 3
 1226  students who failed to meet standards for promotion to grade 4
 1227  and to each K-3 student who is assessed as exhibiting a reading
 1228  deficiency. The READ Initiative shall:
 1229         a. Be provided to all K-3 students at risk of retention as
 1230  identified by the statewide assessment system used in Reading
 1231  First schools. The assessment must measure phonemic awareness,
 1232  phonics, fluency, vocabulary, and comprehension.
 1233         b. Be provided during regular school hours in addition to
 1234  the regular reading instruction.
 1235         c. Provide a state-identified reading curriculum that has
 1236  been reviewed by the Florida Center for Reading Research at
 1237  Florida State University and meets, at a minimum, the following
 1238  specifications:
 1239         (I) Assists students assessed as exhibiting a reading
 1240  deficiency in developing the ability to read at grade level.
 1241         (II) Provides skill development in phonemic awareness,
 1242  phonics, fluency, vocabulary, and comprehension.
 1243         (III) Provides scientifically based and reliable
 1244  assessment.
 1245         (IV) Provides initial and ongoing analysis of each
 1246  student’s reading progress.
 1247         (V) Is implemented during regular school hours.
 1248         (VI) Provides a curriculum in core academic subjects to
 1249  assist the student in maintaining or meeting proficiency levels
 1250  for the appropriate grade in all academic subjects.
 1251         8. Establish at each school, where applicable, an Intensive
 1252  Acceleration Class for retained grade 3 students who
 1253  subsequently score at Level 1 on the reading portion of the
 1254  FCAT. The focus of the Intensive Acceleration Class shall be to
 1255  increase a child’s reading level at least two grade levels in 1
 1256  school year. The Intensive Acceleration Class shall:
 1257         a. Be provided to any student in grade 3 who does not meet
 1258  the proficiency level in reading required for promotion scores
 1259  at Level 1 on the reading portion of the FCAT and who was
 1260  retained in grade 3 the prior year because of inadequate
 1261  proficiency in reading scoring at Level 1 on the reading portion
 1262  of the FCAT.
 1263         b. Have a reduced teacher-student ratio.
 1264         c. Provide uninterrupted reading instruction for the
 1265  majority of student contact time each day and incorporate
 1266  opportunities to master the grade 4 Next Generation Sunshine
 1267  State Standards in other core subject areas.
 1268         d. Use a reading program that is scientifically research
 1269  based and has proven results in accelerating student reading
 1270  achievement within the same school year.
 1271         e. Provide intensive language and vocabulary instruction
 1272  using a scientifically research-based program, including use of
 1273  a speech-language therapist.
 1274         f. Include weekly progress monitoring measures to ensure
 1275  progress is being made.
 1276         g. Report to the Department of Education, in the manner
 1277  described by the department, the progress of students in the
 1278  class at the end of the first semester.
 1279         9. Report to the State Board of Education, as requested, on
 1280  the specific intensive reading interventions and supports
 1281  implemented at the school district level. The Commissioner of
 1282  Education shall annually prescribe the required components of
 1283  requested reports.
 1284         10. Provide a student who has been retained in grade 3 and
 1285  has received intensive instructional services but is still not
 1286  ready for grade promotion, as determined by the school district,
 1287  the option of being placed in a transitional instructional
 1288  setting. Such setting shall specifically be designed to produce
 1289  learning gains sufficient to meet grade 4 performance standards
 1290  while continuing to remediate the areas of reading deficiency.
 1291         (8) ANNUAL REPORT.—
 1292         (a) In addition to the requirements in paragraph (5)(b),
 1293  each district school board must annually report to the parent of
 1294  each student the progress of the student toward achieving state
 1295  and district expectations for proficiency in language arts
 1296  reading, writing, science, and mathematics. The district school
 1297  board must report to the parent the student’s results on each
 1298  statewide assessment test. The evaluation of each student’s
 1299  progress must be based upon the student’s classroom work,
 1300  observations, tests, district and state assessments, and other
 1301  relevant information. Progress reporting must be provided to the
 1302  parent in writing in a format adopted by the district school
 1303  board.
 1304         (b) Each district school board must annually publish in the
 1305  local newspaper, and report in writing to the State Board of
 1306  Education by September 1 of each year, the following information
 1307  on the prior school year:
 1308         1. The provisions of this section relating to public school
 1309  student progression and the district school board’s policies and
 1310  procedures on student retention and promotion.
 1311         2. By grade, the number and percentage of all students in
 1312  grades 3 through 12 10 performing below proficiency levels for
 1313  the grade on statewide subject area assessments and end-of
 1314  course examinations in language arts, mathematics, and science
 1315  at Levels 1 and 2 on the reading portion of the FCAT.
 1316         3. By grade, the number and percentage of all students
 1317  retained in grades 3 through 12 10.
 1318         4. Information on the total number of students who were
 1319  promoted for good cause, by each category of good cause as
 1320  specified in paragraph (6)(b).
 1321         5. Any revisions to the district school board’s policy on
 1322  student retention and promotion from the prior year.
 1323         Section 12. Subsection (3) of section 1008.30, Florida
 1324  Statutes, is amended to read:
 1325         1008.30 Common placement testing for public postsecondary
 1326  education.—
 1327         (3) The State Board of Education shall adopt rules that
 1328  require high schools to evaluate before the beginning of grade
 1329  12 the college readiness of each student who indicates an
 1330  interest in postsecondary education and scores at Level 2 or
 1331  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1332  Level 3, or Level 4 on the mathematics portion of the grade 10
 1333  FCAT. High schools shall perform this evaluation using results
 1334  from the corresponding component of the common placement test
 1335  prescribed in this section, or an equivalent test identified by
 1336  the State Board of Education. The Department of Education shall
 1337  purchase or develop the assessments necessary to perform the
 1338  evaluations required by this subsection and shall work with the
 1339  school districts to administer the assessments. The State Board
 1340  of Education shall establish by rule the minimum test scores a
 1341  student must achieve to demonstrate readiness. Students who
 1342  demonstrate readiness by achieving the minimum test scores
 1343  established by the state board and enroll in a community college
 1344  within 2 years of achieving such scores shall not be required to
 1345  enroll in remediation courses as a condition of acceptance to
 1346  any community college. The high school shall use the results of
 1347  the test to advise the students of any identified deficiencies
 1348  and to the maximum extent practicable provide 12th grade
 1349  students access to appropriate remedial instruction prior to
 1350  high school graduation. The remedial instruction provided under
 1351  this subsection shall be a collaborative effort between
 1352  secondary and postsecondary educational institutions. To the
 1353  extent courses are available, the Florida Virtual School may be
 1354  used to provide the remedial instruction required by this
 1355  subsection.
 1356         Section 13. Paragraphs (b) and (c) of subsection (3) and
 1357  subsection (4) of section 1008.34, Florida Statutes, are amended
 1358  to read:
 1359         1008.34 School grading system; school report cards;
 1360  district grade.—
 1361         (3) DESIGNATION OF SCHOOL GRADES.—
 1362         (b)1. Beginning with the 2014-2015 school year for schools
 1363  comprised of any combination of grades 3 through 8, 25 percent
 1364  of the school grade shall be based on subject area assessment
 1365  scores or end-of-course examination scores in core and noncore
 1366  subjects administered under s. 1008.22, as applicable, and the
 1367  remaining 75 percent on the following factors:
 1368         a. Student achievement scores, including achievement scores
 1369  for students seeking a special diploma;
 1370         b. Student learning gains as measured by annual subject
 1371  area assessments in grades 3 through 5 or end-of-course
 1372  examinations in grades 6 through 8 and learning gains for
 1373  students seeking a special diploma as measured by alternate
 1374  assessment tools, if necessary;
 1375         c. Improvement of the lowest 25th percentile of students in
 1376  the school on subject area assessments in grades 3 through 5 or
 1377  end-of-course examinations in grades 6 through 8, unless these
 1378  students are exhibiting satisfactory performance;
 1379         d. The overall academic performance of the students in the
 1380  school based on grade point average, student portfolios,
 1381  readiness for grade promotion, and, if determined by the State
 1382  Board of Education, other measurable indicators of student
 1383  progress;
 1384         e. The growth or decline in the components listed in sub
 1385  subparagraphs a.-d. from year to year; and
 1386         f. The school’s use of technology and innovative practices.
 1387  A school’s grade shall be based on a combination of:
 1388         a. Student achievement scores, including achievement scores
 1389  for students seeking a special diploma.
 1390         b. Student learning gains as measured by annual FCAT
 1391  assessments in grades 3 through 10; learning gains for students
 1392  seeking a special diploma, as measured by an alternate
 1393  assessment tool, shall be included not later than the 2009-2010
 1394  school year.
 1395         c. Improvement of the lowest 25th percentile of students in
 1396  the school in reading, mathematics, or writing on the FCAT,
 1397  unless these students are exhibiting satisfactory performance.
 1398         2. Beginning with the 2014-2015 2009-2010 school year for
 1399  schools comprised of high school grades 9, 10, 11, and 12, or
 1400  grades 10, 11, and 12:
 1401         a. Fifty, 50 percent of the school grade shall be based on
 1402  a combination of the following factors:
 1403         (I) Student achievement scores, including achievement
 1404  scores for students seeking a special diploma;
 1405         (II) Student learning gains as measured by end-of-course
 1406  examinations and learning gains for students seeking a special
 1407  diploma as measured by alternate assessment tools, if necessary;
 1408  and
 1409         (III) Improvement of the lowest 25th percentile of students
 1410  in the school on end-of-course examinations, unless these
 1411  students are exhibiting satisfactory performance. listed in sub
 1412  subparagraphs 1.a.-c. and
 1413         b. The remaining 50 percent of the school grade shall be
 1414  based on the following factors:
 1415         (I)a. The high school graduation rate of the school;
 1416         (II)b. As valid data becomes available, the performance and
 1417  participation of the school’s students in College Board Advanced
 1418  Placement courses, International Baccalaureate courses, dual
 1419  enrollment courses, and Advanced International Certificate of
 1420  Education courses; and the students’ achievement of industry
 1421  certification, as determined by the Agency for Workforce
 1422  Innovation under s. 1003.492(2) in a career and professional
 1423  academy, as described in s. 1003.493;
 1424         (III)c. Postsecondary readiness of the school’s students as
 1425  measured by the SAT, ACT, or the common placement test;
 1426         (IV)d. The high school graduation rate of at-risk students
 1427  who did not meet proficiency levels scored at Level 2 or lower
 1428  on the grade 8 end-of-course FCAT Reading and Mathematics
 1429  examinations in language arts, mathematics, and science;
 1430         (V)e.As valid data becomes available, The performance of
 1431  the school’s students on statewide standardized end-of-course
 1432  examinations assessments administered under s. 1008.22; and
 1433         (VI)f. The growth or decline in the components listed in
 1434  sub-sub-subparagraphs (I)-(VI) sub-subparagraphs a.-e. from year
 1435  to year.
 1436         (c) Student assessment data used in determining school
 1437  grades shall include:
 1438         1. The aggregate scores of all eligible students enrolled
 1439  in the school who have been assessed on subject area assessments
 1440  or end-of-course examinations the FCAT.
 1441         2. The aggregate scores of all eligible students enrolled
 1442  in the school who have been assessed on subject area assessments
 1443  or end-of-course examinations the FCAT and who have scored at or
 1444  in the lowest 25th percentile of students in the school in
 1445  reading, mathematics, or writing, unless these students are
 1446  exhibiting satisfactory performance.
 1447         3. Effective with the 2005-2006 school year, The subject
 1448  area assessment achievement scores, end-of-course examination
 1449  scores, and learning gains of eligible students attending
 1450  alternative schools that provide dropout prevention and academic
 1451  intervention services pursuant to s. 1003.53. The term “eligible
 1452  students” in this subparagraph does not include students
 1453  attending an alternative school who are subject to district
 1454  school board policies for expulsion for repeated or serious
 1455  offenses, who are in dropout retrieval programs serving students
 1456  who have officially been designated as dropouts, or who are in
 1457  programs operated or contracted by the Department of Juvenile
 1458  Justice. The student performance data for eligible students
 1459  identified in this subparagraph shall be included in the
 1460  calculation of the home school’s grade. As used in this section
 1461  and s. 1008.341, the term “home school” means the school to
 1462  which the student would be assigned if the student were not
 1463  assigned to an alternative school. If an alternative school
 1464  chooses to be graded under this section, student performance
 1465  data for eligible students identified in this subparagraph shall
 1466  not be included in the home school’s grade but shall be included
 1467  only in the calculation of the alternative school’s grade. A
 1468  school district that fails to assign the FCAT scores of each of
 1469  its students to his or her home school or to the alternative
 1470  school that receives a grade shall forfeit Florida School
 1471  Recognition Program funds for 1 fiscal year. School districts
 1472  must require collaboration between the home school and the
 1473  alternative school in order to promote student success. This
 1474  collaboration must include an annual discussion between the
 1475  principal of the alternative school and the principal of each
 1476  student’s home school concerning the most appropriate school
 1477  assignment of the student.
 1478         4. Beginning with the 2014-2015 2009-2010 school year for
 1479  schools comprised of high school grades 9, 10, 11, and 12, or
 1480  grades 10, 11, and 12, the data listed in subparagraphs 1.-3.
 1481  and the following data as the Department of Education determines
 1482  such data are valid and available:
 1483         a. The high school graduation rate of the school as
 1484  calculated by the Department of Education;
 1485         b. The participation rate of all eligible students enrolled
 1486  in the school and enrolled in College Board Advanced Placement
 1487  courses; International Baccalaureate courses; dual enrollment
 1488  courses; Advanced International Certificate of Education
 1489  courses; and courses or sequence of courses leading to industry
 1490  certification, as determined by the Agency for Workforce
 1491  Innovation under s. 1003.492(2) in a career and professional
 1492  academy, as described in s. 1003.493;
 1493         c. The aggregate scores of all eligible students enrolled
 1494  in the school in College Board Advanced Placement courses,
 1495  International Baccalaureate courses, and Advanced International
 1496  Certificate of Education courses;
 1497         d. Earning of college credit by all eligible students
 1498  enrolled in the school in dual enrollment programs under s.
 1499  1007.271;
 1500         e. Earning of an industry certification, as determined by
 1501  the Agency for Workforce Innovation under s. 1003.492(2) in a
 1502  career and professional academy, as described in s. 1003.493;
 1503         f. The aggregate scores of all eligible students enrolled
 1504  in the school in reading, mathematics, and other subjects as
 1505  measured by the SAT, the ACT, and the common placement test for
 1506  postsecondary readiness;
 1507         g. The high school graduation rate of all eligible at-risk
 1508  students enrolled in the school who did not meet proficiency
 1509  levels scored at Level 2 or lower on the grade 8 end-of-course
 1510  examinations in language arts, mathematics, and science FCAT
 1511  Reading and Mathematics examinations;
 1512         h. The performance of the school’s students on statewide
 1513  standardized end-of-course examinations assessments administered
 1514  under s. 1008.22; and
 1515         i. The growth or decline in the data components listed in
 1516  sub-subparagraphs a.-h. from year to year.
 1517  
 1518  The State Board of Education shall adopt appropriate criteria
 1519  for each school grade. The criteria must also give added weight
 1520  to student achievement in language arts reading. Schools
 1521  designated with a grade of “C,” making satisfactory progress,
 1522  shall be required to demonstrate that adequate progress has been
 1523  made by students in the school who are in the lowest 25th
 1524  percentile on subject area assessments or end-of-course
 1525  examinations in language arts reading, mathematics, or science
 1526  writing on the FCAT, unless these students are exhibiting
 1527  satisfactory performance. Beginning with the 2014-2015 2009-2010
 1528  school year for schools comprised of high school grades 9, 10,
 1529  11, and 12, or grades 10, 11, and 12, the criteria for school
 1530  grades must also give added weight to the graduation rate of all
 1531  eligible at-risk students, as defined in this paragraph.
 1532  Beginning in the 2014-2015 2009-2010 school year, in order for a
 1533  high school to be designated as having a grade of “A,” making
 1534  excellent progress, the school must demonstrate that at-risk
 1535  students, as defined in this paragraph, in the school are making
 1536  adequate progress.
 1537         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
 1538  identify each school’s performance as having improved, remained
 1539  the same, or declined. This school improvement rating shall be
 1540  based on a comparison of the current year’s and previous year’s
 1541  student and school performance data. Schools that improve at
 1542  least one grade level are eligible for school recognition awards
 1543  pursuant to s. 1008.36.
 1544         Section 14. Subsections (2) and (3) of section 1008.341,
 1545  Florida Statutes, are amended to read:
 1546         1008.341 School improvement rating for alternative
 1547  schools.—
 1548         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
 1549  provides dropout prevention and academic intervention services
 1550  pursuant to s. 1003.53 shall receive a school improvement rating
 1551  pursuant to this section. However, an alternative school shall
 1552  not receive a school improvement rating if the number of its
 1553  students for whom student performance data is available for the
 1554  current year and previous year is less than the minimum sample
 1555  size necessary, based on accepted professional practice, for
 1556  statistical reliability and prevention of the unlawful release
 1557  of personally identifiable student data under s. 1002.22 or 20
 1558  U.S.C. s. 1232g. The school improvement rating shall identify an
 1559  alternative school as having one of the following ratings
 1560  defined according to rules of the State Board of Education:
 1561         (a) “Improving” means the students attending the school are
 1562  making more academic progress than when the students were served
 1563  in their home schools.
 1564         (b) “Maintaining” means the students attending the school
 1565  are making progress equivalent to the progress made when the
 1566  students were served in their home schools.
 1567         (c) “Declining” means the students attending the school are
 1568  making less academic progress than when the students were served
 1569  in their home schools.
 1570  
 1571  The school improvement rating shall be based on a comparison of
 1572  student performance data for the current year and previous year.
 1573  Schools that improve at least one level or maintain an
 1574  “improving” rating pursuant to this section are eligible for
 1575  school recognition awards pursuant to s. 1008.36.
 1576         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1577  used in determining an alternative school’s school improvement
 1578  rating shall include:
 1579         (a) The aggregate scores of all eligible students who were
 1580  assigned to and enrolled in the school during the October or
 1581  February FTE count, who have been assessed on subject area
 1582  assessments in grades 3 through 5 or end-of-course examinations
 1583  in grades 6 through 12 the FCAT, and who have FCAT or comparable
 1584  scores for the preceding school year.
 1585         (b) The aggregate scores of all eligible students who were
 1586  assigned to and enrolled in the school during the October or
 1587  February FTE count, who have been assessed on subject area
 1588  assessments in grades 3 through 5 or end-of-course examinations
 1589  in grades 6 through 12, the FCAT and who have scored in the
 1590  lowest 25th percentile of students in the state on FCAT Reading.
 1591         (c) The overall academic performance of all eligible
 1592  students in grades 3 through 12 based on grade point average,
 1593  student portfolios, readiness for grade promotion, readiness for
 1594  postsecondary education and careers, and, if determined by the
 1595  State Board of Education, other measurable indicators of student
 1596  progress.
 1597  
 1598  The assessment scores of students who are subject to district
 1599  school board policies for expulsion for repeated or serious
 1600  offenses, who are in dropout retrieval programs serving students
 1601  who have officially been designated as dropouts, or who are in
 1602  programs operated or contracted by the Department of Juvenile
 1603  Justice may not be included in an alternative school’s school
 1604  improvement rating.
 1605         Section 15. Paragraph (b) of subsection (7) of section
 1606  1008.345, Florida Statutes, is amended to read:
 1607         1008.345 Implementation of state system of school
 1608  improvement and education accountability.—
 1609         (7)
 1610         (b) Schools that have improved at least two grades and that
 1611  meet the criteria of the Florida School Recognition Program
 1612  pursuant to s. 1008.36 may be given deregulated status as
 1613  specified in s. 1003.63(5), (7), (8), (9), and (10).
 1614         Section 16. Section 1008.36, Florida Statutes, is amended
 1615  to read:
 1616         1008.36 Every Child Matters Program Florida School
 1617  Recognition Program.—
 1618         (1) The Legislature finds that in order to provide every
 1619  student enrolled in K-12 public schools with the opportunity to
 1620  achieve a successful public education, academic problems must be
 1621  identified early, with remediation and intervention services to
 1622  follow there is a need for a performance incentive program for
 1623  outstanding faculty and staff in highly productive schools. The
 1624  Legislature further finds that performance-based incentives are
 1625  commonplace in the private sector and should be infused into the
 1626  public sector as a reward for productivity.
 1627         (2) The Every Child Matters Program Florida School
 1628  Recognition Program is created to provide financial awards to
 1629  public schools that:
 1630         (a) A curriculum-based, year-round measurement of academic
 1631  performance for all public school students enrolled in
 1632  kindergarten through grade 12. Sustain high performance by
 1633  receiving a school grade of “A,” making excellent progress; or
 1634         (b) Remediation and intervention services to all public
 1635  school students enrolled in kindergarten through grade 12 who
 1636  are not meeting grade-level performance expectations.
 1637  Demonstrate exemplary improvement due to innovation and effort
 1638  by improving at least one letter grade or by improving more than
 1639  one letter grade and sustaining the improvement the following
 1640  school year.
 1641         (3) All public schools, including charter schools, that
 1642  receive a school grade pursuant to s. 1008.34 are eligible to
 1643  participate in the program.
 1644         (4) All selected schools shall receive financial assistance
 1645  awards depending on the availability of funds appropriated and
 1646  the number and size of schools selected to receive an award.
 1647  Funds must be distributed to the school’s fiscal agent and
 1648  placed in the school’s account and must be used for purposes
 1649  listed in subsection (5) as determined jointly by the school’s
 1650  staff and school advisory council. If school staff and the
 1651  school advisory council cannot reach agreement by November 1,
 1652  the awards must be equally distributed to all classroom teachers
 1653  currently teaching in the school.
 1654         (5) Every Child Matters Program funds School recognition
 1655  awards must be used for the following:
 1656         (a) Administration of a regular formative assessment
 1657  approved by the State Board of Education Nonrecurring bonuses to
 1658  the faculty and staff;
 1659         (b) Nonrecurring expenditures for remediation of low
 1660  performing students, including remediation programs and
 1661  intervention services adopted and administered by the Department
 1662  of Education;
 1663         (c)(b) Nonrecurring expenditures for educational equipment
 1664  or materials to assist in the remediation of low-performing
 1665  students; maintaining and improving student performance; or
 1666         (d)(c) Temporary personnel for the school to assist in the
 1667  remediation of low-performing students; maintaining and
 1668  improving student performance.
 1669         (e) Contracts with private sector participants to provide
 1670  remediation services if 90 percent of the personnel providing
 1671  services reside in the state and the contracts include
 1672  requirements to ensure that the private sector participants are
 1673  accountable for performance; or
 1674         (f) Transportation of students pursuant to s. 1002.31(3).
 1675         (6) The Department of Education shall provide training and
 1676  informational resources for educators to administer the
 1677  formative assessment pursuant to paragraph (5)(a) and shall be
 1678  responsible for developing and implementing provisions for the
 1679  collection and analysis of the assessment data.
 1680         (7) The Department of Education shall establish policies
 1681  and procedures for the development of individual education plans
 1682  for low-performing students who receive remediation and
 1683  intervention services pursuant to this section.
 1684  
 1685  Notwithstanding statutory provisions to the contrary, incentive
 1686  awards are not subject to collective bargaining.
 1687         Section 17. Paragraph (b) of subsection (1) of section
 1688  1009.531, Florida Statutes, is amended to read:
 1689         1009.531 Florida Bright Futures Scholarship Program;
 1690  student eligibility requirements for initial awards.—
 1691         (1) Effective January 1, 2008, in order to be eligible for
 1692  an initial award from any of the three types of scholarships
 1693  under the Florida Bright Futures Scholarship Program, a student
 1694  must:
 1695         (b) Earn a standard Florida high school diploma or its
 1696  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
 1697  or s. 1003.435 unless:
 1698         1. The student completes a home education program according
 1699  to s. 1002.41; or
 1700         2. The student earns a high school diploma from a non
 1701  Florida school while living with a parent or guardian who is on
 1702  military or public service assignment away from Florida.
 1703         Section 18. Paragraph (d) of subsection (7) and paragraph
 1704  (c) of subsection (9) of section 1011.62, Florida Statutes, are
 1705  amended to read:
 1706         1011.62 Funds for operation of schools.—If the annual
 1707  allocation from the Florida Education Finance Program to each
 1708  district for operation of schools is not determined in the
 1709  annual appropriations act or the substantive bill implementing
 1710  the annual appropriations act, it shall be determined as
 1711  follows:
 1712         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1713         (d) Each district’s allocation of sparsity supplement funds
 1714  shall be adjusted in the following manner:
 1715         1. A maximum discretionary levy per FTE value for each
 1716  district shall be calculated by dividing the value of each
 1717  district’s maximum discretionary levy by its FTE student count.
 1718         2. A state average discretionary levy value per FTE shall
 1719  be calculated by dividing the total maximum discretionary levy
 1720  value for all districts by the state total FTE student count.
 1721         3. A total potential funds per FTE for each district shall
 1722  be calculated by dividing the total potential funds, not
 1723  including Every Child Matters Program Florida School Recognition
 1724  Program funds and the minimum guarantee, for each district by
 1725  its FTE student count.
 1726         4. A state average total potential funds per FTE shall be
 1727  calculated by dividing the total potential funds, not including
 1728  Every Child Matters Program Florida School Recognition Program
 1729  funds and the minimum guarantee, for all districts by the state
 1730  total FTE student count.
 1731         5. For districts that have a levy value per FTE as
 1732  calculated in subparagraph 1. higher than the state average
 1733  calculated in subparagraph 2., a sparsity wealth adjustment
 1734  shall be calculated as the product of the difference between the
 1735  state average levy value per FTE calculated in subparagraph 2.
 1736  and the district’s levy value per FTE calculated in subparagraph
 1737  1. and the district’s FTE student count and -1. However, no
 1738  district shall have a sparsity wealth adjustment that, when
 1739  applied to the total potential funds calculated in subparagraph
 1740  3., would cause the district’s total potential funds per FTE to
 1741  be less than the state average calculated in subparagraph 4.
 1742         6. Each district’s sparsity supplement allocation shall be
 1743  calculated by adding the amount calculated as specified in
 1744  paragraphs (a) and (b) and the wealth adjustment amount
 1745  calculated in this paragraph.
 1746         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 1747         (c) Funds allocated under this subsection must be used to
 1748  provide a system of comprehensive reading instruction to
 1749  students enrolled in the K-12 programs, which may include the
 1750  following:
 1751         1. The provision of highly qualified reading coaches.
 1752         2. Professional development for school district teachers in
 1753  scientifically based reading instruction, including strategies
 1754  to teach reading in content areas and with an emphasis on
 1755  technical and informational text.
 1756         3. The provision of summer reading camps for students who
 1757  are reading below grade level score at Level 1 on FCAT Reading.
 1758         4. The provision of supplemental instructional materials
 1759  that are grounded in scientifically based reading research.
 1760         5. The provision of intensive interventions for middle and
 1761  high school students reading below grade level.
 1762         Section 19. Paragraph (b) of subsection (1) of section
 1763  1012.22, Florida Statutes, is amended to read:
 1764         1012.22 Public school personnel; powers and duties of the
 1765  district school board.—The district school board shall:
 1766         (1) Designate positions to be filled, prescribe
 1767  qualifications for those positions, and provide for the
 1768  appointment, compensation, promotion, suspension, and dismissal
 1769  of employees as follows, subject to the requirements of this
 1770  chapter:
 1771         (b) Time to act on nominations.—The district school board
 1772  shall act not later than 3 weeks following the receipt of FCAT
 1773  scores and data, including school grades, or June 30, whichever
 1774  is later, on the district school superintendent’s nominations of
 1775  supervisors, principals, and members of the instructional staff.
 1776         Section 20. (1) Effective upon this act becoming a law, the
 1777  Commissioner of Education shall appoint a public school
 1778  assessment and accountability alignment committee to develop:
 1779         (a) Standards for a revised statewide student assessment
 1780  program under s. 1008.22, Florida Statutes, consisting of
 1781  subject area assessments for students in grades 3 through 5,
 1782  subject area assessments and end-of-course examinations in core
 1783  and noncore subject areas for students in grades 6 through 12,
 1784  and diagnostic assessments for students in grades 6, 8, and 10.
 1785         (b) Procedures for transitioning elementary schools from
 1786  the use of the Florida Comprehensive Assessment Test to the use
 1787  of subject area assessments and procedures for transitioning
 1788  middle schools and high schools from the use of the Florida
 1789  Comprehensive Assessment Test to the use of subject area
 1790  assessments and end-of-course examinations.
 1791         (c) Standards for revised formulas for determining school
 1792  grades and school improvement ratings under ss. 1008.34 and
 1793  1008.341, Florida Statutes.
 1794         (2) The committee shall align the components of the revised
 1795  statewide student assessment program to best prepare students to
 1796  progress from one grade to the next and to postsecondary
 1797  education or careers after high school.
 1798         (3) To ensure that the alignment committee represents a
 1799  cross-section of education stakeholders, it shall be composed of
 1800  individuals from:
 1801         (a) The education community, including, but not limited to,
 1802  teachers and administrators representing elementary, secondary,
 1803  and higher education.
 1804         (b) Education associations, including, but not limited to,
 1805  associations for teachers, school administrators, and district
 1806  school boards.
 1807         (c) State government and local government.
 1808         (d) The business community.
 1809         (e) Independent education researchers or experts.
 1810         (4) Members of the alignment committee shall serve without
 1811  compensation but may be reimbursed for per diem and travel
 1812  expenses in accordance with s. 112.061, Florida Statutes.
 1813         (5) The alignment committee may conduct public hearings
 1814  around the state to obtain public input for the development of a
 1815  revised statewide student assessment program and formulas for
 1816  determining school grades and school improvement ratings.
 1817         (6)(a) By August 1, 2010, the alignment committee shall
 1818  begin work on the following:
 1819         1. Developing new subject area assessments for students in
 1820  grades 3 through 5, subject area assessments and end-of-course
 1821  examinations for students in grades 6 through 12, and diagnostic
 1822  assessments for students in grades 6, 8, and 10.
 1823         2. Transitioning to a revised method for determining school
 1824  grades and school improvement ratings based on factors that
 1825  include subject area assessments, end-of-course examinations,
 1826  overall student academic performance, and a school’s use of
 1827  technology and innovative practices.
 1828         (b) By August 1, 2013:
 1829         1. The State Board of Education shall adopt rules pursuant
 1830  to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
 1831  revised statewide student assessment program and school grading
 1832  system as part of the state’s public school assessment and
 1833  accountability system beginning with the 2014-2015 school year.
 1834         2. The Department of Education and school districts shall
 1835  begin training and professional development for teachers, school
 1836  administrators, and other educational personnel in use of the
 1837  new subject area assessments, end-of-course examinations, and
 1838  diagnostic assessments.
 1839         (7) The alignment committee shall expire upon completion of
 1840  its activities but no later than August 1, 2013.
 1841         Section 21. Except as otherwise expressly provided in this
 1842  act and except for this section, which shall take effect upon
 1843  becoming a law, this act shall take effect July 1, 2014.


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.