December 04, 2020
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HB 473

1
A bill to be entitled
2An act relating to public school education; amending ss.
31002.33, 1003.03, 1003.413, and 1003.4156, F.S., relating
4to discontinuance of administration of the Florida
5Comprehensive Assessment Test (FCAT), to conform to
6changes made by the act; deleting requirement that
7district school boards establish policies for intensive
8reading and mathematics intervention courses in high
9school; providing for intervention services; amending s.
101003.428, F.S.; requiring that students be advised of the
11availability of certain courses for purposes of high
12school graduation; providing new credit requirements for
13high school graduation with a standard diploma; providing
14for remediation and intervention services in certain
15circumstances; revising general requirements for high
16school graduation; conforming provisions relating to
17discontinuance of FCAT administration; amending s.
181003.429, F.S.; requiring that students be advised of the
19availability of certain courses for purposes of
20accelerated high school graduation options; revising
21general requirements for accelerated high school
22graduation; amending ss. 1003.433, 1003.493, and 1007.35,
23F.S., relating to discontinuance of FCAT administration
24and revised general requirements for high school
25graduation, to conform to changes made by the act;
26amending s. 1008.22, F.S.; revising the statewide student
27assessment program to discontinue use of the FCAT;
28requiring the assessment program to consist of subject
29area assessments for students in grades 3 through 5,
30subject area assessments and end-of-course examinations in
31core and noncore subjects for students in grades 6 through
3212, and diagnostic assessments for students in grades 6,
338, and 10; requiring school districts to provide
34intervention services to certain students; requiring the
35State Board of Education to adopt rules that specify
36passing scores on end-of-course examinations; providing
37that results on end-of-course examinations are one
38component of requirements for high school graduation;
39providing for certain waivers; clarifying schedules for
40assessment and reporting; revising provisions relating to
41test-preparation activities; deleting provisions relating
42to use of concordant scores for the FCAT; amending s.
431008.25, F.S.; requiring intervention services for certain
44students as part of the comprehensive program for student
45progression; conforming provisions relating to the
46revision of the statewide student assessment program;
47deleting mandatory retention for certain grade 3 students;
48authorizing promotion for good cause; providing for
49reporting; amending s. 1008.30, F.S.; revising provisions
50relating to use of the common placement test to conform to
51discontinuance of FCAT administration; amending ss.
521008.34 and 1008.341, F.S.; deleting use of the FCAT as a
53basis for determining school grades and school improvement
54ratings; providing for student results on subject area
55assessments and end-of-course examinations to partially
56determine school grades and school improvement ratings;
57providing additional factors for such determination;
58conforming provisions relating to revision of the Florida
59School Recognition Program; amending s. 1008.345, F.S.;
60conforming provisions relating to revision of the Florida
61School Recognition Program; amending s. 1008.36, F.S.;
62changing the Florida School Recognition Program to the
63Every Child Matters Program; providing intent and purpose
64of the program; providing for financial assistance to
65schools providing remediation and intervention services to
66certain students; specifying the uses of program funds;
67providing Department of Education duties; amending s.
681009.531, F.S.; adding a cross-reference to high school
69graduation requirements; amending s. 1011.62, F.S.;
70conforming provisions relating to revision of the Florida
71School Recognition Program and discontinuance of FCAT
72administration; amending s. 1012.22, F.S.; conforming
73provisions relating to discontinuance of FCAT
74administration; providing for the appointment of a public
75school assessment and accountability alignment committee
76to develop standards for a revised statewide student
77assessment program, procedures for transitioning to the
78new program, and standards for determining school grades
79and school improvement ratings; providing for membership;
80providing duties of the alignment committee, the State
81Board of Education, and the Department of Education;
82providing a timetable for implementation; providing for
83future expiration of the alignment committee; providing
84effective dates.
85
86Be It Enacted by the Legislature of the State of Florida:
87
88     Section 1.  Paragraph (a) of subsection (20) of section
891002.33, Florida Statutes, is amended to read:
90     1002.33  Charter schools.-
91     (20)  SERVICES.-
92     (a)  A sponsor shall provide certain administrative and
93educational services to charter schools. These services shall
94include contract management services; full-time equivalent and
95data reporting services; exceptional student education
96administration services; services related to eligibility and
97reporting duties required to ensure that school lunch services
98under the federal lunch program, consistent with the needs of
99the charter school, are provided by the school district at the
100request of the charter school, that any funds due to the charter
101school under the federal lunch program be paid to the charter
102school as soon as the charter school begins serving food under
103the federal lunch program, and that the charter school is paid
104at the same time and in the same manner under the federal lunch
105program as other public schools serviced by the sponsor or the
106school district; test administration services, including payment
107of the costs of state-required or district-required student
108assessments; processing of teacher certificate data services;
109and information services, including equal access to student
110information systems that are used by public schools in the
111district in which the charter school is located. Student
112performance data for each student in a charter school,
113including, but not limited to, subject area assessment scores,
114end-of-course examination FCAT scores, standardized test scores,
115previous public school student report cards, and student
116performance measures, shall be provided by the sponsor to a
117charter school in the same manner provided to other public
118schools in the district. A total administrative fee for the
119provision of such services shall be calculated based upon up to
1205 percent of the available funds defined in paragraph (17)(b)
121for all students. However, a sponsor may only withhold up to a
1225-percent administrative fee for enrollment for up to and
123including 500 students. For charter schools with a population of
124501 or more students, the difference between the total
125administrative fee calculation and the amount of the
126administrative fee withheld may only be used for capital outlay
127purposes specified in s. 1013.62(2). Each charter school shall
128receive 100 percent of the funds awarded to that school pursuant
129to s. 1012.225. Sponsors shall not charge charter schools any
130additional fees or surcharges for administrative and educational
131services in addition to the maximum 5-percent administrative fee
132withheld pursuant to this paragraph.
133     Section 2.  Paragraph (c) of subsection (3) of section
1341003.03, Florida Statutes, is amended to read:
135     1003.03  Maximum class size.-
136     (3)  IMPLEMENTATION OPTIONS.-District school boards must
137consider, but are not limited to, implementing the following
138items in order to meet the constitutional class size maximums
139described in subsection (1) and the two-student-per-year
140reduction required in subsection (2):
141     (c)1.  Repeal district school board policies that require
142students to have more than 24 credits to graduate from high
143school.
144     2.  Adopt policies to allow students to graduate from high
145school as soon as they meet the requirements pass the grade 10
146FCAT and complete the courses required for high school
147graduation.
148     Section 3.  Paragraph (d) of subsection (3) and paragraph
149(e) of subsection (4) of section 1003.413, Florida Statutes, are
150amended to read:
151     1003.413  Florida Secondary School Redesign Act.-
152     (3)  Based on these guiding principles, district school
153boards shall establish policies to implement the requirements of
154ss. 1003.4156, 1003.428, and 1003.493. The policies must
155address:
156     (d)  Credit recovery courses and intensive reading and
157mathematics intervention services courses based on student
158performance on diagnostic assessments, subject area assessments,
159or end-of-course examinations the FCAT. These courses and
160intervention services should be competency based and offered
161through innovative delivery systems, including computer-assisted
162instruction. School districts should use learning gains as well
163as other appropriate data and provide incentives to identify and
164reward high-performing teachers who teach credit recovery
165courses and provide intensive intervention services courses.
166     (4)  In order to support the successful implementation of
167this section by district school boards, the Department of
168Education shall:
169     (e)  Use data to provide the Legislature with an annual
170longitudinal analysis of the success of this reform effort,
171including the progress of 6th grade students and 9th grade
172students not meeting grade-level expectations on end-of-course
173examinations or subject area assessments in scoring at Level 1
174on FCAT reading or FCAT mathematics.
175     Section 4.  Paragraphs (b) and (c) of subsection (1) of
176section 1003.4156, Florida Statutes, are amended to read:
177     1003.4156  General requirements for middle grades
178promotion.-
179     (1)  Beginning with students entering grade 6 in the 2006-
1802007 school year, Promotion from a school composed of middle
181grades 6, 7, and 8 requires that:
182     (b)  For each year in which a student's performance on a
183diagnostic assessment or a subject area assessment in student
184scores at Level l on FCAT reading does not meet grade-level
185expectations, the student must be enrolled in and complete an
186intensive reading course the following year. Placement of
187students Level 2 readers in either an intensive reading course
188or a content area course in which reading strategies are
189delivered shall be determined by diagnosis of reading needs. The
190department shall provide guidance on appropriate strategies for
191diagnosing and meeting the varying instructional needs of
192students reading below grade level. Reading courses shall be
193designed and offered pursuant to the comprehensive reading plan
194required by s. 1011.62(9).
195     (c)  For each year in which a student's performance on a
196diagnostic assessment, a subject area assessment, or an end-of-
197course examination in student scores at Level 1 or Level 2 on
198FCAT mathematics does not meet grade-level expectations, the
199student must receive remediation the following year, which may
200be integrated into the student's required mathematics course.
201     Section 5.  Subsections (1), (2), and (4) and paragraph (b)
202of subsection (8) of section 1003.428, Florida Statutes, are
203amended to read:
204     1003.428  General requirements for high school graduation;
205revised.-
206     (1)  Except as otherwise authorized pursuant to s.
2071003.429, beginning with students entering their first year of
208high school in the 2007-2008 school year, graduation requires
209the successful completion of a minimum of 24 credits, an
210International Baccalaureate curriculum, or an Advanced
211International Certificate of Education curriculum. Students must
212be advised of the Advanced Placement, International
213Baccalaureate, Advanced International Certificate of Education,
214career academy coursework that leads to national industry
215certification, and dual enrollment courses available, as well as
216the availability of course offerings through the Florida Virtual
217School. Students must also be advised of eligibility
218requirements for state scholarship programs and postsecondary
219admissions.
220     (2)  The 24 credits may be earned through applied,
221integrated, and combined courses approved by the Department of
222Education and shall be distributed as follows:
223     (a)  Sixteen core curriculum credits:
224     1.  Four credits in English, with major concentration in
225composition, reading for information, and literature.
226     2.  Four credits in mathematics, one of which must be
227Algebra I, a series of courses equivalent to Algebra I, or a
228higher-level mathematics course. Beginning with students
229entering grade 9 in the 2014-2015 school year, one of the four
230credits must be Algebra I or a series of courses equivalent to
231Algebra I as approved by the State Board of Education, one
232credit must be geometry or a series of courses equivalent to
233geometry as approved by the State Board of Education, and one
234credit must be Algebra II or a series of courses equivalent to
235Algebra II as approved by the State Board of Education. School
236districts are encouraged to set specific goals to increase
237enrollments in, and successful completion of, geometry and
238Algebra II.
239     3.  Three credits in science, two of which must have a
240laboratory component. Beginning with students entering grade 9
241in the 2014-2015 school year, one of the three credits must be
242Biology I or a series of courses equivalent to Biology I as
243approved by the State Board of Education, one credit must be
244chemistry or physics or a series of courses equivalent to
245chemistry or physics as approved by the State Board of
246Education, and one credit must be a higher-level science course.
247At least two of the science courses must have a laboratory
248component.
249     4.  Three credits in social studies as follows: one credit
250in American history; one credit in world history; one-half
251credit in economics; and one-half credit in American government.
252     5.  One credit in fine or performing arts, speech and
253debate, or a practical arts course that incorporates artistic
254content and techniques of creativity, interpretation, and
255imagination. Eligible practical arts courses shall be identified
256through the Course Code Directory.
257     6.  One credit in physical education to include integration
258of health. Participation in an interscholastic sport at the
259junior varsity or varsity level for two full seasons shall
260satisfy the one-credit requirement in physical education if the
261student passes a competency test on personal fitness with a
262score of "C" or better. The competency test on personal fitness
263must be developed by the Department of Education. A district
264school board may not require that the one credit in physical
265education be taken during the 9th grade year. Completion of one
266semester with a grade of "C" or better in a marching band class,
267in a physical activity class that requires participation in
268marching band activities as an extracurricular activity, or in a
269dance class shall satisfy one-half credit in physical education
270or one-half credit in performing arts. This credit may not be
271used to satisfy the personal fitness requirement or the
272requirement for adaptive physical education under an individual
273education plan (IEP) or 504 plan. Completion of 2 years in a
274Reserve Officer Training Corps (R.O.T.C.) class, a significant
275component of which is drills, shall satisfy the one-credit
276requirement in physical education and the one-credit requirement
277in performing arts. This credit may not be used to satisfy the
278personal fitness requirement or the requirement for adaptive
279physical education under an individual education plan (IEP) or
280504 plan.
281     (b)  Eight credits in majors, minors, or electives:
282     1.  Four credits in a major area of interest, such as
283sequential courses in a career and technical program, fine and
284performing arts, or academic content area, selected by the
285student as part of the education plan required by s. 1003.4156.
286Students may revise major areas of interest each year as part of
287annual course registration processes and should update their
288education plan to reflect such revisions. Annually by October 1,
289the district school board shall approve major areas of interest
290and submit the list of majors to the Commissioner of Education
291for approval. Each major area of interest shall be deemed
292approved unless specifically rejected by the commissioner within
29360 days. Upon approval, each district's major areas of interest
294shall be available for use by all school districts and shall be
295posted on the department's website.
296     2.  Four credits in elective courses selected by the
297student as part of the education plan required by s. 1003.4156.
298These credits may be combined to allow for a second major area
299of interest pursuant to subparagraph 1., a minor area of
300interest, elective courses, or intensive reading or mathematics
301intervention courses as described in this subparagraph.
302     a.  Minor areas of interest are composed of three credits
303selected by the student as part of the education plan required
304by s. 1003.4156 and approved by the district school board.
305     b.  Elective courses are selected by the student in order
306to pursue a complete education program as described in s.
3071001.41(3) and to meet eligibility requirements for
308scholarships.
309     c.  For each year in which a student's performance on a
310diagnostic assessment or subject area assessment in student
311scores at Level l on FCAT reading does not meet grade-level
312expectations, the student must receive remediation and
313intervention services as soon as feasible but no later than be
314enrolled in and complete an intensive reading course the
315following year. Placement of students Level 2 readers in either
316a an intensive reading course or a content area course in which
317reading strategies are delivered shall be determined by
318diagnosis of reading needs. The department shall provide
319guidance on appropriate strategies for diagnosing and meeting
320the varying instructional needs of students reading below grade
321level. Reading courses shall be designed and offered pursuant to
322the comprehensive reading plan required by s. 1011.62(9).
323     d.  For each year in which a student's performance on a
324diagnostic assessment, a subject area assessment, or an end-of-
325course examination in student scores at Level 1 or Level 2 on
326FCAT mathematics does not meet grade-level expectations, the
327student must receive remediation and intervention services as
328soon as feasible but no later than the following year.
329Intervention These courses may be taught through applied,
330integrated, or combined courses and are subject to approval by
331the department for inclusion in the Course Code Directory.
332     (4)  Each district school board shall establish standards
333for graduation from its schools, which must include:
334     (a)  Successful completion of the academic credit or
335curriculum requirements of subsections (1) and (2).
336     (b)  Successful overall academic performance based on end-
337of-course examinations, grade point average, student portfolios,
338and, if determined by the State Board of Education, other
339measurable indicators of student progress. Earning passing
340scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
341a standardized test that are concordant with passing scores on
342the FCAT as defined in s. 1008.22(10).
343     (c)  Completion of all other applicable requirements
344prescribed by the district school board pursuant to s. 1008.25.
345     (d)  Achievement of a cumulative grade point average of 2.0
346on a 4.0 scale, or its equivalent, in the courses required by
347this section.
348
349Each district school board shall adopt policies designed to
350assist students in meeting the requirements of this subsection.
351These policies may include, but are not limited to: forgiveness
352policies, summer school or before or after school attendance,
353special counseling, volunteers or peer tutors, school-sponsored
354help sessions, homework hotlines, and study skills classes.
355Forgiveness policies for required courses shall be limited to
356replacing a grade of "D" or "F," or the equivalent of a grade of
357"D" or "F," with a grade of "C" or higher, or the equivalent of
358a grade of "C" or higher, earned subsequently in the same or
359comparable course. Forgiveness policies for elective courses
360shall be limited to replacing a grade of "D" or "F," or the
361equivalent of a grade of "D" or "F," with a grade of "C" or
362higher, or the equivalent of a grade of "C" or higher, earned
363subsequently in another course. The only exception to these
364forgiveness policies shall be made for a student in the middle
365grades who takes any high school course for high school credit
366and earns a grade of "C," "D," or "F" or the equivalent of a
367grade of "C," "D," or "F." In such case, the district
368forgiveness policy must allow the replacement of the grade with
369a grade of "C" or higher, or the equivalent of a grade of "C" or
370higher, earned subsequently in the same or comparable course. In
371all cases of grade forgiveness, only the new grade shall be used
372in the calculation of the student's grade point average. Any
373course grade not replaced according to a district school board
374forgiveness policy shall be included in the calculation of the
375cumulative grade point average required for graduation.
376     (8)
377     (b)  A student with a disability, as defined in s.
3781007.02(2), for whom the individual education plan (IEP)
379committee determines that an end-of-course examination the FCAT
380cannot accurately measure the student's abilities taking into
381consideration all allowable accommodations, shall have the end-
382of-course examination results that are used as a partial basis
383for determining successful overall academic performance under
384FCAT requirement of paragraph (4)(b) waived for the purpose of
385receiving a standard high school diploma, if the student:
386     1.  completes the minimum number of credits and other
387requirements prescribed by subsections (1), (2), and (3).
388     2.  Does not meet the requirements of paragraph (4)(b)
389after one opportunity in 10th grade and one opportunity in 11th
390grade.
391     Section 6.  Subsections (1) and (6), paragraph (c) of
392subsection (7), and subsection (8) of section 1003.429, Florida
393Statutes, are amended to read:
394     1003.429  Accelerated high school graduation options.-
395     (1)  Students who enter grade 9 in the 2006-2007 school
396year and thereafter may select, upon receipt of each consent
397required by this section, one of the following three high school
398graduation options:
399     (a)  Completion of the general requirements for high school
400graduation pursuant to s. 1003.428 or s. 1003.43;
401     (b)  Completion of a 3-year standard college preparatory
402program requiring successful completion of a minimum of 18
403academic credits in grades 9 through 12. At least 6 of the 18
404credits required for completion of this program must be received
405in classes that are offered pursuant to the International
406Baccalaureate Program, the Advanced Placement Program, dual
407enrollment, or the Advanced International Certificate of
408Education Program, or specifically listed or identified by the
409Department of Education as rigorous pursuant to s. 1009.531(3).
410Students must be advised of the Advanced Placement,
411International Baccalaureate, Advanced International Certificate
412of Education, career academy coursework that leads to national
413industry certification, and dual enrollment courses available,
414as well as the availability of course offerings through the
415Florida Virtual School. The 18 credits required for completion
416of this program shall be primary requirements and shall be
417distributed as follows:
418     1.  Four credits in English, with major concentration in
419composition and literature;
420     2.  Three credits in mathematics at the Algebra I level or
421higher from the list of courses that qualify for state
422university admission;
423     3.  Three credits in natural science, two of which must
424have a laboratory component;
425     4.  Three credits in social sciences, which must include
426one credit in American history, one credit in world history,
427one-half credit in American government, and one-half credit in
428economics;
429     5.  Two credits in the same second language unless the
430student is a native speaker of or can otherwise demonstrate
431competency in a language other than English. If the student
432demonstrates competency in another language, the student may
433replace the language requirement with two credits in other
434academic courses; and
435     6.  Three credits in electives; or
436     (c)  Completion of a 3-year career preparatory program
437requiring successful completion of a minimum of 18 academic
438credits in grades 9 through 12. The 18 credits shall be primary
439requirements and shall be distributed as follows:
440     1.  Four credits in English, with major concentration in
441composition and literature;
442     2.  Three credits in mathematics, one of which must be
443Algebra I;
444     3.  Three credits in natural science, two of which must
445have a laboratory component;
446     4.  Three credits in social sciences, which must include
447one credit in American history, one credit in world history,
448one-half credit in American government, and one-half credit in
449economics;
450     5.  Three credits in a single vocational or career
451education program, three credits in career and technical
452certificate dual enrollment courses, or five credits in
453vocational or career education courses; and
454     6.  Two credits in electives unless five credits are earned
455pursuant to subparagraph 5.
456
457Any student who selected an accelerated graduation program
458before July 1, 2004, may continue that program, and all
459statutory program requirements that were applicable when the
460student made the program choice shall remain applicable to the
461student as long as the student continues that program.
462     (6)  Students pursuing accelerated 3-year high school
463graduation options pursuant to paragraph (1)(b) or paragraph
464(1)(c) are required to:
465     (a)  Achieve successful overall academic performance based
466on end-of-course examinations, grade point average, student
467portfolios, and, if determined by the State Board of Education,
468other measurable indicators of student progress. Earn passing
469scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
470standardized test that are concordant with passing scores on the
471FCAT as defined in s. 1008.22(10).
472     (b)1.  Achieve a cumulative weighted grade point average of
4733.5 on a 4.0 scale, or its equivalent, in the courses required
474for the college preparatory accelerated 3-year high school
475graduation option pursuant to paragraph (1)(b); or
476     2.  Achieve a cumulative weighted grade point average of
4773.0 on a 4.0 scale, or its equivalent, in the courses required
478for the career preparatory accelerated 3-year high school
479graduation option pursuant to paragraph (1)(c).
480     (c)  Receive a weighted or unweighted grade that earns at
481least 3.0 points, or its equivalent, to earn course credit
482toward the 18 credits required for the college preparatory
483accelerated 3-year high school graduation option pursuant to
484paragraph (1)(b).
485     (d)  Receive a weighted or unweighted grade that earns at
486least 2.0 points, or its equivalent, to earn course credit
487toward the 18 credits required for the career preparatory
488accelerated 3-year high school graduation option pursuant to
489paragraph (1)(c).
490
491Weighted grades referred to in paragraphs (b), (c), and (d)
492shall be applied to those courses specifically listed or
493identified by the department as rigorous pursuant to s.
4941009.531(3) or weighted by the district school board for class
495ranking purposes.
496     (7)  If, at the end of grade 10, a student is not on track
497to meet the credit, assessment, or grade-point-average
498requirements of the accelerated graduation option selected, the
499school shall notify the student and parent of the following:
500     (c)  The right of the student to change to the 4-year
501program set forth in s. 1003.428 or s. 1003.43.
502     (8)  A student who selected one of the accelerated 3-year
503graduation options shall automatically move to the 4-year
504program set forth in s. 1003.428 or s. 1003.43 if the student:
505     (a)  Exercises his or her right to change to the 4-year
506program;
507     (b)  Fails to earn 5 credits by the end of grade 9 or fails
508to earn 11 credits by the end of grade 10;
509     (c)  Does not achieve a passing score of 3 or higher on an
510end-of-course examination in language arts the grade 10 FCAT
511writing assessment; or
512     (d)  By the end of grade 11 does not meet the requirements
513of subsections (1) and (6).
514     Section 7.  Subsections (1), (2), and (3) of section
5151003.433, Florida Statutes, are amended to read:
516     1003.433  Learning opportunities for out-of-state and out-
517of-country transfer students and students needing additional
518instruction to meet high school graduation requirements.-
519     (1)  Students who enter a Florida public school at the
520eleventh or twelfth grade from out of state or from a foreign
521country shall not be required to spend additional time in a
522Florida public school in order to meet the high school course
523requirements if the student has met all requirements of the
524school district, state, or country from which he or she is
525transferring. Such students who are not proficient in English
526should receive immediate and intensive instruction in English
527language acquisition. However, to receive a standard high school
528diploma, a transfer student must achieve successful overall
529academic performance based on end-of-course examinations, earn a
5302.0 or higher grade point average, student portfolios, and, if
531determined by the State Board of Education, other measurable
532indicators of student progress and pass the grade 10 FCAT
533required in s. 1008.22(3) or an alternate assessment as
534described in s. 1008.22(10).
535     (2)  Students who do not meet have met all requirements for
536the standard high school diploma except for passage of the grade
53710 FCAT or an alternate assessment by the end of grade 12 must
538be provided the following learning opportunities:
539     (a)  Participation in an accelerated high school
540equivalency diploma preparation program during the summer.
541     (b)  Upon receipt of a certificate of completion, be
542allowed to take the College Placement Test and be admitted to
543remedial or credit courses at a state community college, as
544appropriate.
545     (c)  Participation in an adult general education program as
546provided in s. 1004.93 for such time as the student requires to
547master English, reading, mathematics, or any other subject
548required for high school graduation. Students attending adult
549basic, adult secondary, or vocational-preparatory instruction
550are exempt from any requirement for the payment of tuition and
551fees, including lab fees, pursuant to s. 1009.25. A student
552attending an adult general education program shall have the
553opportunity to take the grade 10 FCAT an unlimited number of
554times in order to receive a standard high school diploma.
555     (3)  Students who have been enrolled in an ESOL program for
556less than 2 school years and have not met all requirements for
557the standard high school diploma except for passage of the grade
55810 FCAT or alternate assessment may receive immersion English
559language instruction during the summer following their senior
560year. Students receiving such instruction are eligible to take
561the FCAT or alternate assessment and receive a standard high
562school diploma upon achievement of successful overall academic
563performance pursuant to subsection (1) passage of the grade 10
564FCAT or the alternate assessment. This subsection shall be
565implemented to the extent funding is provided in the General
566Appropriations Act.
567     Section 8.  Paragraph (k) of subsection (4) of section
5681003.493, Florida Statutes, is amended to read:
569     1003.493  Career and professional academies.-
570     (4)  Each career and professional academy must:
571     (k)  Include an evaluation plan developed jointly with the
572Department of Education and the local workforce board. The
573evaluation plan must include an assessment tool based on
574national industry standards, such as the Career Academy National
575Standards of Practice, and outcome measures, including, but not
576limited to, achievement of industry certifications, graduation
577rates, enrollment in postsecondary education, business and
578industry satisfaction, employment and earnings, awards of
579postsecondary credit and scholarships, and end-of-course
580examination FCAT achievement levels and learning gains. The
581Department of Education shall use Workforce Florida, Inc., and
582Enterprise Florida, Inc., in identifying industry experts to
583participate in developing and implementing such assessments.
584     Section 9.  Paragraph (c) of subsection (6) of section
5851007.35, Florida Statutes, is amended to read:
586     1007.35  Florida Partnership for Minority and
587Underrepresented Student Achievement.-
588     (6)  The partnership shall:
589     (c)  Provide teacher training and materials that are
590aligned with the Next Generation Sunshine State Standards and
591are consistent with best theory and practice regarding multiple
592learning styles and research on learning, instructional
593strategies, instructional design, and classroom assessment.
594Curriculum materials must be based on current, accepted, and
595essential academic knowledge. Materials for prerequisite courses
596should, at a minimum, address the skills assessed on the Florida
597Comprehensive Assessment Test (FCAT).
598     Section 10.  Paragraph (a) of subsection (1), paragraphs
599(c) and (g) of subsection (3), paragraphs (b) and (c) of
600subsection (4), paragraph (a) of subsection (7), and subsections
601(9) through (12) of section 1008.22, Florida Statutes, are
602amended to read:
603     1008.22  Student assessment program for public schools.-
604     (1)  PURPOSE.-The primary purposes of the student
605assessment program are to provide information needed to improve
606the public schools by enhancing the learning gains of all
607students and to inform parents of the educational progress of
608their public school children. The program must be designed to:
609     (a)  Assess the annual learning gains of each student
610toward achieving the Next Generation Sunshine State Standards
611appropriate for the student's grade level.
612     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
613design and implement a statewide program of educational
614assessment that provides information for the improvement of the
615operation and management of the public schools, including
616schools operating for the purpose of providing educational
617services to youth in Department of Juvenile Justice programs.
618The commissioner may enter into contracts for the continued
619administration of the assessment, testing, and evaluation
620programs authorized and funded by the Legislature. Contracts may
621be initiated in 1 fiscal year and continue into the next and may
622be paid from the appropriations of either or both fiscal years.
623The commissioner is authorized to negotiate for the sale or
624lease of tests, scoring protocols, test scoring services, and
625related materials developed pursuant to law. Pursuant to the
626statewide assessment program, the commissioner shall:
627     (c)  Develop and implement a student achievement testing
628program consisting of subject area assessments for students in
629grades 3 through 5, subject area assessments and end-of-course
630examinations for students in grades 6 through 12, and diagnostic
631assessments for students in grades 6, 8, and 10 known as the
632Florida Comprehensive Assessment Test (FCAT) as part of the
633statewide assessment program to measure a student's content
634knowledge and skills in language arts, reading, writing,
635science, and mathematics, and other core and noncore subject
636areas as determined by the State Board of Education. Subject
637area assessments and end-of-course examinations Other content
638areas may be included as directed by the commissioner.
639Comprehensive assessments of reading and mathematics shall be
640administered annually in grades 3 through 10. Comprehensive
641assessments of writing and science shall be administered at
642least once at the elementary, middle, and high school levels.
643End-of-course assessments for a subject may be administered in
644addition to the comprehensive assessments required for that
645subject under this paragraph. An end-of-course assessment must
646be rigorous, statewide, standardized, and developed or approved
647by the department. The content knowledge and skills assessed by
648comprehensive subject area assessments and end-of-course
649examinations assessments must be aligned to the core curricular
650content established in the Next Generation Sunshine State
651Standards. The commissioner may select one or more nationally
652developed comprehensive examinations, which may include, but
653need not be limited to, examinations for a College Board
654Advanced Placement course, International Baccalaureate course,
655or Advanced International Certificate of Education course or
656industry-approved examinations to earn national industry
657certifications as defined in s. 1003.492, for use as end-of-
658course examinations assessments under this paragraph, if the
659commissioner determines that the content knowledge and skills
660assessed by the examinations meet or exceed the grade level
661expectations for the core curricular content established for the
662course in the Next Generation Sunshine State Standards. The
663commissioner may collaborate with the American Diploma Project
664in the adoption or development of rigorous end-of-course
665examinations assessments that are aligned to the Next Generation
666Sunshine State Standards. The testing program must be designed
667as follows:
668     1.  The tests shall measure student skills and competencies
669adopted by the State Board of Education as specified in
670paragraph (a). The tests must measure and report student
671proficiency levels of all students assessed in reading, writing,
672mathematics, and science. The commissioner shall provide for the
673tests to be developed or obtained, as appropriate, through
674contracts and project agreements with private vendors, public
675vendors, public agencies, postsecondary educational
676institutions, or school districts. The commissioner shall obtain
677input with respect to the design and implementation of the
678testing program from education stakeholders and experts, state
679educators, assistive technology experts, and the public.
680     2.a.  The testing program shall be composed of criterion-
681referenced tests that shall, to the extent determined by the
682commissioner, include test items that require the student to
683produce information or perform tasks in such a way that the core
684content knowledge and skills he or she uses can be measured.
685     b.  Diagnostic assessments shall be given to students in
686grades 6, 8, and 10 in language arts, mathematics, and science
687content knowledge and skills and shall be used to keep students
688on track to graduate from high school. The diagnostic
689assessments shall be designed to identify specific academic
690weaknesses in individual students and to provide specific
691diagnostic information to help focus instruction most
692effectively to meet the needs of individual students.
693     c.  To ensure that students are progressing and meeting
694international benchmarks, the testing program may include use of
695international assessments, including the Program for
696International Student Assessment and the Trends in International
697Mathematics and Science Study, as diagnostic tools.
698     3.  Beginning with the 2008-2009 school year, the
699commissioner shall discontinue administration of the selected-
700response test items on the comprehensive assessments of writing.
701Beginning with the 2012-2013 school year, the comprehensive
702assessments of writing shall be composed of a combination of
703selected-response test items, short-response performance tasks,
704and extended-response performance tasks, which shall measure a
705student's content knowledge of writing, including, but not
706limited to, paragraph and sentence structure, sentence
707construction, grammar and usage, punctuation, capitalization,
708spelling, parts of speech, verb tense, irregular verbs, subject-
709verb agreement, and noun-pronoun agreement.
710     4.  A score shall be designated for each subject area
711tested and end-of-course examination, below which score a
712student's performance is deemed inadequate. The school districts
713shall provide appropriate remedial instruction and intervention
714services to students who score below these levels.
715     5.  Except as provided in s. 1003.428(8)(b) or s.
7161003.43(11)(b), students must achieve successful overall
717academic performance based partially on end-of-course
718examinations earn a passing score on the grade 10 assessment
719test described in this paragraph or attain concordant scores as
720described in subsection (10) in reading, writing, and
721mathematics to qualify for a standard high school diploma. The
722State Board of Education shall designate a passing score for
723each part of the grade 10 assessment test. In establishing
724passing scores, the state board shall consider any possible
725negative impact of the test on minority students. The State
726Board of Education shall adopt rules which specify the passing
727scores for end-of-course examinations the grade 10 FCAT. Any
728such rules, which have the effect of raising the required
729passing scores, shall apply only to students taking the grade 10
730FCAT for the first time after such rules are adopted by the
731State Board of Education.
732     6.  Participation in the testing program is mandatory for
733all students attending public school, including students served
734in Department of Juvenile Justice programs, except as otherwise
735prescribed by the commissioner. If a student does not
736participate in the statewide assessment, the district must
737notify the student's parent and provide the parent with
738information regarding the implications of such nonparticipation.
739A parent must provide signed consent for a student to receive
740classroom instructional accommodations that would not be
741available or permitted on the statewide assessments and must
742acknowledge in writing that he or she understands the
743implications of such instructional accommodations. The State
744Board of Education shall adopt rules, based upon recommendations
745of the commissioner, for the provision of test accommodations
746for students in exceptional education programs and for students
747who have limited English proficiency. Accommodations that negate
748the validity of a statewide assessment are not allowable in the
749administration of subject area assessments and end-of-course
750examinations the FCAT. However, instructional accommodations are
751allowable in the classroom if included in a student's individual
752education plan. Students using instructional accommodations in
753the classroom that are not allowable as accommodations on end-
754of-course examinations the FCAT may have end-of-course
755examination requirements the FCAT requirement waived pursuant to
756the requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
757     7.  A student seeking an adult high school diploma must
758meet the same testing requirements that a regular high school
759student must meet.
760     8.  District school boards must provide instruction to
761prepare students to demonstrate proficiency in the core
762curricular content established in the Next Generation Sunshine
763State Standards adopted under s. 1003.41, including the core
764content knowledge and skills necessary for successful grade-to-
765grade progression and high school graduation. If a student is
766provided with instructional accommodations in the classroom that
767are not allowable as accommodations in the statewide assessment
768program, as described in the test manuals, the district must
769inform the parent in writing and must provide the parent with
770information regarding the impact on the student's ability to
771meet expected proficiency levels in reading, writing, and
772mathematics. The commissioner shall conduct studies as necessary
773to verify that the required core curricular content is part of
774the district instructional programs.
775     9.  District school boards must provide opportunities for
776students to demonstrate an acceptable level of performance on an
777alternative standardized subject area assessment or end-of-
778course examination approved by the State Board of Education
779following enrollment in summer academies.
780     10.  The Department of Education must develop, or select,
781and implement a common battery of assessment tools that will be
782used in all juvenile justice programs in the state. These tools
783must accurately measure the core curricular content established
784in the Next Generation Sunshine State Standards.
785     11.  For students seeking a special diploma pursuant to s.
7861003.438, the Department of Education must develop or select and
787implement an alternate assessment tool that accurately measures
788the core curricular content established in the Next Generation
789Sunshine State Standards for students with disabilities under s.
7901003.438.
791     12.  The Commissioner of Education shall establish
792schedules for the administration of statewide assessments and
793the reporting of student test results. The commissioner shall,
794by August 1 of each year, notify each school district in writing
795and publish on the department's Internet website the testing and
796reporting schedules for, at a minimum, the school year following
797the upcoming school year. The testing and reporting schedules
798shall require that:
799     a.  There is the latest possible administration of
800statewide subject area assessments and the earliest possible
801reporting to the school districts of student test results which
802is feasible within available technology and specific
803appropriations; however, test results must be made available no
804later than the final day of the regular school year for
805students.
806     b.  Beginning with the 2010-2011 school year, a
807comprehensive statewide assessment of writing is not
808administered earlier than the week of March 1 and a
809comprehensive statewide assessment of any other subject is not
810administered earlier than the week of April 15.
811     c.  A statewide standardized end-of-course examination
812assessment is administered within the last 2 weeks of the course
813and test results are reported as soon as possible but no later
814than the final day of the semester or regular school year, as
815applicable.
816
817The commissioner may, based on collaboration and input from
818school districts, design and implement student testing programs,
819for any grade level and subject area, necessary to effectively
820monitor educational achievement in the state, including the
821measurement of educational achievement of the Next Generation
822Sunshine State Standards for students with disabilities.
823Development and refinement of assessments shall include
824universal design principles and accessibility standards that
825will prevent any unintended obstacles for students with
826disabilities while ensuring the validity and reliability of the
827test. These principles should be applicable to all technology
828platforms and assistive devices available for the assessments.
829The field testing process and psychometric analyses for the
830statewide assessment program must include an appropriate
831percentage of students with disabilities and an evaluation or
832determination of the effect of test items on such students.
833     (g)  Conduct ongoing analysis of the Study the cost and
834student achievement impact of secondary end-of-course
835examinations assessments, including web-based and performance
836formats, and report such information to the Legislature prior to
837implementation.
838     (4)  STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
839ACTIVITIES.-Beginning with the 2008-2009 school year, a district
840school board shall prohibit each public school from suspending a
841regular program of curricula for purposes of administering
842practice tests or engaging in other test-preparation activities
843for a statewide assessment. However, a district school board may
844authorize a public school to engage in the following test-
845preparation activities for a statewide assessment:
846     (b)  Providing individualized instruction in test-taking
847strategies, without suspending the school's regular program of
848curricula, for a student who is identified through performance
849on a subject area assessment or an end-of-course examination as
850having a deficiency in test-taking skills scores at Level 1 or
851Level 2 on a prior administration of the statewide assessment.
852     (c)  Providing individualized instruction in the content
853knowledge and skills assessed, without suspending the school's
854regular program of curricula, for a student who scores at Level
8551 or Level 2 on a prior administration of the statewide
856assessment or a student who, through a subject area assessment,
857an end-of-course examination, or a diagnostic assessment
858administered by the school district, is identified as having a
859deficiency in the content knowledge and skills assessed.
860     (7)  REQUIRED ANALYSES.-The commissioner shall provide, at
861a minimum, for the following analyses of data produced by the
862student achievement testing program:
863     (a)  The statistical system for the annual assessments
864shall use measures of student learning, such as subject area
865assessments and end-of-course examinations the FCAT, to
866determine teacher, school, and school district statistical
867distributions, which shall be determined using available data
868from the assessments and examinations the FCAT, and other data
869collection as deemed appropriate by the Department of Education,
870to measure the differences in student prior year achievement
871compared to the current year achievement for the purposes of
872accountability and recognition.
873     (9)  APPLICABILITY OF TESTING STANDARDS.-
874     (a)  If the Commissioner of Education revises a statewide
875assessment and the revisions require the State Board of
876Education to modify the assessment's proficiency levels or
877modify the passing scores required for a standard high school
878diploma, until the state board adopts the modifications by rule,
879the commissioner shall use calculations for scoring the
880assessment which adjust student scores on the revised assessment
881for statistical equivalence to student scores on the former
882assessment.
883     (b)  A student must attain the passing scores on the
884statewide assessment required for a standard high school diploma
885which are in effect at the time the student enters grade 9 if
886the student's enrollment is continuous.
887     (c)  If the commissioner revises a statewide assessment and
888the revisions require the State Board of Education to modify the
889passing scores required for a standard high school diploma, the
890commissioner may, with approval of the state board, discontinue
891administration of the former assessment upon the graduation,
892based on normal student progression, of students participating
893in the final regular administration of the former assessment.
894The state board shall adopt by rule passing scores for the
895revised assessment which are statistically equivalent to passing
896scores on the discontinued assessment for a student required
897under paragraph (b) to attain passing scores on the discontinued
898assessment.
899     (10)  CONCORDANT SCORES FOR THE FCAT.-
900     (a)  The State Board of Education shall analyze the content
901and concordant data sets for widely used high school achievement
902tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
903and College Placement Test, to assess if concordant scores for
904FCAT scores can be determined for high school graduation,
905college placement, and scholarship awards. In cases where
906content alignment and concordant scores can be determined, the
907Commissioner of Education shall adopt those scores as meeting
908the graduation requirement in lieu of achieving the FCAT passing
909score and may adopt those scores as being sufficient to achieve
910additional purposes as determined by rule. Each time that test
911content or scoring procedures change for the FCAT or for a high
912school achievement test for which a concordant score is
913determined, new concordant scores must be determined.
914     (b)  In order to use a concordant subject area score
915pursuant to this subsection to satisfy the assessment
916requirement for a standard high school diploma as provided in s.
9171003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
918take each subject area of the grade 10 FCAT a total of three
919times without earning a passing score. The requirements of this
920paragraph shall not apply to a new student who enters the
921Florida public school system in grade 12, who may either achieve
922a passing score on the FCAT or use an approved subject area
923concordant score to fulfill the graduation requirement.
924     (c)  The State Board of Education may define by rule the
925allowable uses, other than to satisfy the high school graduation
926requirement, for concordant scores as described in this
927subsection. Such uses may include, but need not be limited to,
928achieving appropriate standardized test scores required for the
929awarding of Florida Bright Futures Scholarships and college
930placement.
931     (10)(11)  REPORTS.-The Department of Education shall
932annually provide a report to the Governor, the President of the
933Senate, and the Speaker of the House of Representatives on the
934following:
935     (a)  Longitudinal performance of students in mathematics
936and reading.
937     (b)  Longitudinal performance of students by grade level in
938mathematics and reading.
939     (c)  Longitudinal performance regarding efforts to close
940the achievement gap.
941     (d)  Other student performance data based on national norm-
942referenced and criterion-referenced tests, when available, and
943numbers of students who after 8th grade enroll in adult
944education rather than other secondary education.
945     (11)(12)  RULES.-The State Board of Education shall adopt
946rules pursuant to ss. 120.536(1) and 120.54 to implement the
947provisions of this section.
948     Section 11.  Subsection (1), paragraph (b) of subsection
949(2), subsections (3) and (4), paragraphs (b) and (c) of
950subsection (5), paragraphs (b) and (c) of subsection (6),
951paragraph (b) of subsection (7), and paragraphs (a) and (b) of
952subsection (8) of section 1008.25, Florida Statutes, are amended
953to read:
954     1008.25  Public school student progression; remedial
955instruction; reporting requirements.-
956     (1)  INTENT.-It is the intent of the Legislature that each
957student's progression from one grade to another be determined,
958in part, upon proficiency in language arts reading, writing,
959science, and mathematics; that district school board policies
960facilitate such proficiency; and that each student and his or
961her parent be informed of that student's academic progress.
962     (2)  COMPREHENSIVE PROGRAM.-Each district school board
963shall establish a comprehensive program for student progression
964which must include:
965     (b)  Specific levels of performance in language arts
966reading, writing, science, and mathematics for each grade level,
967including the levels of performance on statewide assessments as
968defined by the commissioner, below which a student must receive
969remediation or intervention services, or be retained within an
970intensive program that is different from the previous year's
971program and that takes into account the student's learning
972style.
973     (3)  ALLOCATION OF RESOURCES.-District school boards shall
974allocate remedial and supplemental instruction and intervention
975resources to students in the following priority:
976     (a)  Students who are deficient in reading by the end of
977grade 3.
978     (b)  Students who fail to meet performance levels required
979for promotion consistent with the district school board's plan
980for student progression required in paragraph (2)(b).
981     (4)  ASSESSMENT AND REMEDIATION.-
982     (a)  Each student must participate in the statewide
983assessment program tests required by s. 1008.22. Each student
984who does not meet specific levels of performance as determined
985by the district school board in language arts reading, writing,
986science, and mathematics for each grade level, or who scores
987below Level 3 in reading or math, must be provided with
988additional diagnostic assessments to determine the nature of the
989student's difficulty, the areas of academic need, and strategies
990for appropriate intervention and instruction as described in
991paragraph (b).
992     (b)  The school in which the student is enrolled must
993develop, in consultation with the student's parent, and must
994implement a progress monitoring plan. A progress monitoring plan
995is intended to provide the school district and the school
996flexibility in meeting the academic needs of the student and to
997reduce paperwork. A student who is not meeting the school
998district or state requirements for proficiency in reading and
999math shall be covered by one of the following plans to target
1000instruction and identify ways to improve his or her academic
1001achievement:
1002     1.  A federally required student plan such as an individual
1003education plan;
1004     2.  A schoolwide system of progress monitoring for all
1005students; or
1006     3.  An individualized progress monitoring plan.
1007
1008The plan chosen must be designed to assist the student or the
1009school in meeting state and district expectations for
1010proficiency. If the student has been identified as having a
1011deficiency in reading, the K-12 comprehensive reading plan
1012required by s. 1011.62(9) shall include instructional and
1013support services to be provided to meet the desired levels of
1014performance. District school boards may require low-performing
1015students to attend remediation or intervention programs held
1016before or after regular school hours or during the summer if
1017transportation is provided.
1018     (c)  Upon subsequent evaluation, if the documented
1019deficiency has not been remediated, the student may be retained.
1020Each student who does not meet the minimum performance
1021expectations defined by the Commissioner of Education for the
1022statewide assessment tests in language arts reading, writing,
1023science, and mathematics must continue to be provided with
1024remedial or supplemental instruction or intervention services
1025until the expectations are met or the student graduates from
1026high school or is not subject to compulsory school attendance.
1027     (5)  READING DEFICIENCY AND PARENTAL NOTIFICATION.-
1028     (b)  Beginning with the 2002-2003 school year, If the
1029student's reading deficiency, as identified in paragraph (a), is
1030not remedied by the end of grade 3, as demonstrated by scoring
1031at Level 2 or higher on the statewide subject area assessment
1032test in reading for grade 3, the student may must be retained at
1033the discretion of the principal after consultation with the
1034student's teacher and parent.
1035     (c)  The parent of any student who exhibits a substantial
1036deficiency in reading, as described in paragraph (a), must be
1037notified in writing of the following:
1038     1.  That his or her child has been identified as having a
1039substantial deficiency in reading.
1040     2.  A description of the current services that are provided
1041to the child.
1042     3.  A description of the proposed supplemental
1043instructional services and supports that will be provided to the
1044child that are designed to remediate the identified area of
1045reading deficiency.
1046     4.  That if the child's reading deficiency is not
1047remediated by the end of grade 3, the child may must be retained
1048unless he or she is exempt from mandatory retention for good
1049cause.
1050     5.  Strategies for parents to use in helping their child
1051succeed in reading proficiency.
1052     6.  That the statewide subject area assessment Florida
1053Comprehensive Assessment Test (FCAT) is not the sole determiner
1054of promotion and that additional evaluations, portfolio reviews,
1055and assessments are available to the child to assist parents and
1056the school district in knowing when a child is reading at or
1057above grade level and ready for grade promotion.
1058     7.  The district's specific criteria and policies for
1059midyear promotion. Midyear promotion means promotion of a
1060retained student at any time during the year of retention once
1061the student has demonstrated ability to read at grade level.
1062     (6)  ELIMINATION OF SOCIAL PROMOTION.-
1063     (b)  The district school board may promote students only
1064exempt students from mandatory retention, as provided in
1065paragraph (5)(b), for good cause. Students promoted for good
1066cause may include, but are not limited to, exemptions shall be
1067limited to the following:
1068     1.  Limited English proficient students who have had less
1069than 2 years of instruction in an English for Speakers of Other
1070Languages program.
1071     2.  Students with disabilities whose individual education
1072plan indicates that participation in the statewide assessment
1073program is not appropriate, consistent with the requirements of
1074State Board of Education rule.
1075     3.  Students who demonstrate an acceptable level of
1076performance on an alternative standardized reading assessment
1077approved by the State Board of Education.
1078     4.  Students who demonstrate, through a student portfolio,
1079that the student is reading on grade level as evidenced by
1080demonstration of mastery of the Next Generation Sunshine State
1081Standards in reading equal to at least a Level 2 performance on
1082the FCAT.
1083     5.  Students with disabilities who participate in the FCAT
1084and who have an individual education plan or a Section 504 plan
1085that reflects that the student has received intensive
1086remediation or intervention services in reading for more than 2
1087years but still demonstrates a deficiency in reading and was
1088previously retained in kindergarten, grade 1, grade 2, or grade
10893.
1090     6.  Students who have received intensive remediation or
1091intervention services in reading for 2 or more years but still
1092demonstrate a deficiency in reading and who were previously
1093retained in kindergarten, grade 1, grade 2, or grade 3 for a
1094total of 2 years. Intensive reading instruction or intervention
1095services for students so promoted must include an altered
1096instructional day that includes specialized diagnostic
1097information and specific reading strategies for each student.
1098The district school board shall assist schools and teachers to
1099implement reading strategies that research has shown to be
1100successful in improving reading among low-performing readers.
1101     (c)  Promotions for good cause Requests for good cause
1102exemptions for students from the mandatory retention requirement
1103as described in subparagraphs (b)3. and 4. shall be made
1104consistent with the following:
1105     1.  Documentation shall be submitted from the student's
1106teacher to the school principal that indicates that the
1107promotion of the student is appropriate and is based upon the
1108student's academic record. In order to minimize paperwork
1109requirements, such documentation shall consist only of the
1110existing progress monitoring plan, individual educational plan,
1111if applicable, report card, or student portfolio.
1112     2.  The school principal shall review and discuss such
1113recommendation with the teacher and make the determination as to
1114whether the student should be promoted or retained. If the
1115school principal determines that the student should be promoted,
1116the school principal shall make such recommendation in writing
1117to the district school superintendent. The district school
1118superintendent shall accept or reject the school principal's
1119recommendation in writing.
1120     (7)  SUCCESSFUL PROGRESSION FOR RETAINED READERS.-
1121     (b)  Beginning with the 2004-2005 school year, Each school
1122district shall:
1123     1.  Conduct a review of student progress monitoring plans
1124for all students who did not score above Level 1 on the reading
1125portion of the FCAT and did not meet the criteria for one of the
1126good cause exemptions in paragraph (6)(b). The review shall
1127address additional supports and services, as described in this
1128subsection, needed to remediate the identified areas of reading
1129deficiency. The school district shall require a student
1130portfolio to be completed for each such student.
1131     2.  Provide students who are retained under the provisions
1132of paragraph (5)(b) with intensive instructional services and
1133supports to remediate the identified areas of reading
1134deficiency, including a minimum of 90 minutes of daily,
1135uninterrupted, scientifically research-based reading instruction
1136and other strategies prescribed by the school district, which
1137may include, but are not limited to:
1138     a.  Small group instruction.
1139     b.  Reduced teacher-student ratios.
1140     c.  More frequent progress monitoring.
1141     d.  Tutoring or mentoring.
1142     e.  Transition classes containing 3rd and 4th grade
1143students.
1144     f.  Extended school day, week, or year.
1145     g.  Summer reading camps.
1146     3.  Provide written notification to the parent of any
1147student who is retained under the provisions of paragraph (5)(b)
1148that his or her child has not met the proficiency level required
1149for promotion and the reasons the child is not eligible for a
1150good cause promotion exemption as provided in paragraph (6)(b).
1151The notification must comply with the provisions of s.
11521002.20(15) and must include a description of proposed
1153interventions and supports that will be provided to the child to
1154remediate the identified areas of reading deficiency.
1155     4.  Implement a policy for the midyear promotion of any
1156student retained under the provisions of paragraph (5)(b) who
1157can demonstrate that he or she is a successful and independent
1158reader, reading at or above grade level, and ready to be
1159promoted to grade 4. Tools that school districts may use in
1160reevaluating any student retained may include subsequent
1161assessments, alternative assessments, and portfolio reviews, in
1162accordance with rules of the State Board of Education. Students
1163promoted during the school year after November 1 must
1164demonstrate proficiency above that required to score at Level 2
1165on the grade 3 FCAT, as determined by the State Board of
1166Education. The State Board of Education shall adopt standards
1167that provide a reasonable expectation that the student's
1168progress is sufficient to master appropriate 4th grade level
1169reading skills.
1170     5.  Provide students who are retained under the provisions
1171of paragraph (5)(b) with a high-performing teacher as determined
1172by student performance data and above-satisfactory performance
1173appraisals.
1174     6.  In addition to required reading enhancement and
1175acceleration strategies, provide parents of students to be
1176retained with at least one of the following instructional
1177options:
1178     a.  Supplemental tutoring in scientifically research-based
1179reading services in addition to the regular reading block,
1180including tutoring before and/or after school.
1181     b.  A "Read at Home" plan outlined in a parental contract,
1182including participation in "Families Building Better Readers
1183Workshops" and regular parent-guided home reading.
1184     c.  A mentor or tutor with specialized reading training.
1185     7.  Establish a Reading Enhancement and Acceleration
1186Development (READ) Initiative. The focus of the READ Initiative
1187shall be to prevent the retention of grade 3 students and to
1188offer intensive accelerated reading instruction to grade 3
1189students who failed to meet standards for promotion to grade 4
1190and to each K-3 student who is assessed as exhibiting a reading
1191deficiency. The READ Initiative shall:
1192     a.  Be provided to all K-3 students at risk of retention as
1193identified by the statewide assessment system used in Reading
1194First schools. The assessment must measure phonemic awareness,
1195phonics, fluency, vocabulary, and comprehension.
1196     b.  Be provided during regular school hours in addition to
1197the regular reading instruction.
1198     c.  Provide a state-identified reading curriculum that has
1199been reviewed by the Florida Center for Reading Research at
1200Florida State University and meets, at a minimum, the following
1201specifications:
1202     (I)  Assists students assessed as exhibiting a reading
1203deficiency in developing the ability to read at grade level.
1204     (II)  Provides skill development in phonemic awareness,
1205phonics, fluency, vocabulary, and comprehension.
1206     (III)  Provides scientifically based and reliable
1207assessment.
1208     (IV)  Provides initial and ongoing analysis of each
1209student's reading progress.
1210     (V)  Is implemented during regular school hours.
1211     (VI)  Provides a curriculum in core academic subjects to
1212assist the student in maintaining or meeting proficiency levels
1213for the appropriate grade in all academic subjects.
1214     8.  Establish at each school, where applicable, an
1215Intensive Acceleration Class for retained grade 3 students who
1216subsequently score at Level 1 on the reading portion of the
1217FCAT. The focus of the Intensive Acceleration Class shall be to
1218increase a child's reading level at least two grade levels in 1
1219school year. The Intensive Acceleration Class shall:
1220     a.  Be provided to any student in grade 3 who does not meet
1221the proficiency level in reading required for promotion scores
1222at Level 1 on the reading portion of the FCAT and who was
1223retained in grade 3 the prior year because of inadequate
1224proficiency in reading scoring at Level 1 on the reading portion
1225of the FCAT.
1226     b.  Have a reduced teacher-student ratio.
1227     c.  Provide uninterrupted reading instruction for the
1228majority of student contact time each day and incorporate
1229opportunities to master the grade 4 Next Generation Sunshine
1230State Standards in other core subject areas.
1231     d.  Use a reading program that is scientifically research-
1232based and has proven results in accelerating student reading
1233achievement within the same school year.
1234     e.  Provide intensive language and vocabulary instruction
1235using a scientifically research-based program, including use of
1236a speech-language therapist.
1237     f.  Include weekly progress monitoring measures to ensure
1238progress is being made.
1239     g.  Report to the Department of Education, in the manner
1240described by the department, the progress of students in the
1241class at the end of the first semester.
1242     9.  Report to the State Board of Education, as requested,
1243on the specific intensive reading interventions and supports
1244implemented at the school district level. The Commissioner of
1245Education shall annually prescribe the required components of
1246requested reports.
1247     10.  Provide a student who has been retained in grade 3 and
1248has received intensive instructional services but is still not
1249ready for grade promotion, as determined by the school district,
1250the option of being placed in a transitional instructional
1251setting. Such setting shall specifically be designed to produce
1252learning gains sufficient to meet grade 4 performance standards
1253while continuing to remediate the areas of reading deficiency.
1254     (8)  ANNUAL REPORT.-
1255     (a)  In addition to the requirements in paragraph (5)(b),
1256each district school board must annually report to the parent of
1257each student the progress of the student toward achieving state
1258and district expectations for proficiency in language arts
1259reading, writing, science, and mathematics. The district school
1260board must report to the parent the student's results on each
1261statewide assessment test. The evaluation of each student's
1262progress must be based upon the student's classroom work,
1263observations, tests, district and state assessments, and other
1264relevant information. Progress reporting must be provided to the
1265parent in writing in a format adopted by the district school
1266board.
1267     (b)  Each district school board must annually publish in
1268the local newspaper, and report in writing to the State Board of
1269Education by September 1 of each year, the following information
1270on the prior school year:
1271     1.  The provisions of this section relating to public
1272school student progression and the district school board's
1273policies and procedures on student retention and promotion.
1274     2.  By grade, the number and percentage of all students in
1275grades 3 through 12 10 performing below proficiency levels for
1276the grade on statewide subject area assessments and end-of-
1277course examinations in language arts, mathematics, and science
1278at Levels 1 and 2 on the reading portion of the FCAT.
1279     3.  By grade, the number and percentage of all students
1280retained in grades 3 through 12 10.
1281     4.  Information on the total number of students who were
1282promoted for good cause, by each category of good cause as
1283specified in paragraph (6)(b).
1284     5.  Any revisions to the district school board's policy on
1285student retention and promotion from the prior year.
1286     Section 12.  Subsection (3) of section 1008.30, Florida
1287Statutes, is amended to read:
1288     1008.30  Common placement testing for public postsecondary
1289education.-
1290     (3)  The State Board of Education shall adopt rules that
1291require high schools to evaluate before the beginning of grade
129212 the college readiness of each student who indicates an
1293interest in postsecondary education and scores at Level 2 or
1294Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1295Level 3, or Level 4 on the mathematics portion of the grade 10
1296FCAT. High schools shall perform this evaluation using results
1297from the corresponding component of the common placement test
1298prescribed in this section, or an equivalent test identified by
1299the State Board of Education. The Department of Education shall
1300purchase or develop the assessments necessary to perform the
1301evaluations required by this subsection and shall work with the
1302school districts to administer the assessments. The State Board
1303of Education shall establish by rule the minimum test scores a
1304student must achieve to demonstrate readiness. Students who
1305demonstrate readiness by achieving the minimum test scores
1306established by the state board and enroll in a community college
1307within 2 years of achieving such scores shall not be required to
1308enroll in remediation courses as a condition of acceptance to
1309any community college. The high school shall use the results of
1310the test to advise the students of any identified deficiencies
1311and to the maximum extent practicable provide 12th grade
1312students access to appropriate remedial instruction prior to
1313high school graduation. The remedial instruction provided under
1314this subsection shall be a collaborative effort between
1315secondary and postsecondary educational institutions. To the
1316extent courses are available, the Florida Virtual School may be
1317used to provide the remedial instruction required by this
1318subsection.
1319     Section 13.  Paragraphs (b) and (c) of subsection (3) and
1320subsection (4) of section 1008.34, Florida Statutes, are amended
1321to read:
1322     1008.34  School grading system; school report cards;
1323district grade.-
1324     (3)  DESIGNATION OF SCHOOL GRADES.-
1325     (b)1.  Beginning with the 2014-2015 school year for schools
1326comprised of any combination of grades 3 through 8, 25 percent
1327of the school grade shall be based on subject area assessment
1328scores or end-of-course examination scores in core and noncore
1329subjects administered under s. 1008.22, as applicable, and the
1330remaining 75 percent on the following factors:
1331     a.  Student achievement scores, including achievement
1332scores for students seeking a special diploma;
1333     b.  Student learning gains as measured by annual subject
1334area assessments in grades 3 through 5 or end-of-course
1335examinations in grades 6 through 8 and learning gains for
1336students seeking a special diploma as measured by alternate
1337assessment tools, if necessary;
1338     c.  Improvement of the lowest 25th percentile of students
1339in the school on subject area assessments in grades 3 through 5
1340or end-of-course examinations in grades 6 through 8, unless
1341these students are exhibiting satisfactory performance;
1342     d.  The overall academic performance of the students in the
1343school based on grade point average, student portfolios,
1344readiness for grade promotion, and, if determined by the State
1345Board of Education, other measurable indicators of student
1346progress;
1347     e.  The growth or decline in the components listed in sub-
1348subparagraphs a.-d. from year to year; and
1349     f.  The school's use of technology and innovative
1350practices. A school's grade shall be based on a combination of:
1351     a.  Student achievement scores, including achievement
1352scores for students seeking a special diploma.
1353     b.  Student learning gains as measured by annual FCAT
1354assessments in grades 3 through 10; learning gains for students
1355seeking a special diploma, as measured by an alternate
1356assessment tool, shall be included not later than the 2009-2010
1357school year.
1358     c.  Improvement of the lowest 25th percentile of students
1359in the school in reading, mathematics, or writing on the FCAT,
1360unless these students are exhibiting satisfactory performance.
1361     2.  Beginning with the 2014-2015 2009-2010 school year for
1362schools comprised of high school grades 9, 10, 11, and 12, or
1363grades 10, 11, and 12:
1364     a.  Fifty, 50 percent of the school grade shall be based on
1365a combination of the following factors:
1366     (I)  Student achievement scores, including achievement
1367scores for students seeking a special diploma;
1368     (II)  Student learning gains as measured by end-of-course
1369examinations and learning gains for students seeking a special
1370diploma as measured by alternate assessment tools, if necessary;
1371and
1372     (III)  Improvement of the lowest 25th percentile of
1373students in the school on end-of-course examinations, unless
1374these students are exhibiting satisfactory performance. listed
1375in sub-subparagraphs 1.a.-c. and
1376     b.  The remaining 50 percent of the school grade shall be
1377based on the following factors:
1378     (I)a.  The high school graduation rate of the school;
1379     (II)b.  As valid data becomes available, the performance
1380and participation of the school's students in College Board
1381Advanced Placement courses, International Baccalaureate courses,
1382dual enrollment courses, and Advanced International Certificate
1383of Education courses; and the students' achievement of industry
1384certification, as determined by the Agency for Workforce
1385Innovation under s. 1003.492(2) in a career and professional
1386academy, as described in s. 1003.493;
1387     (III)c.  Postsecondary readiness of the school's students
1388as measured by the SAT, ACT, or the common placement test;
1389     (IV)d.  The high school graduation rate of at-risk students
1390who did not meet proficiency levels scored at Level 2 or lower
1391on the grade 8 end-of-course FCAT Reading and Mathematics
1392examinations in language arts, mathematics, and science;
1393     (V)e.  As valid data becomes available, The performance of
1394the school's students on statewide standardized end-of-course
1395examinations assessments administered under s. 1008.22; and
1396     (VI)f.  The growth or decline in the components listed in
1397sub-sub-subparagraphs (I)-(VI) sub-subparagraphs a.-e. from year
1398to year.
1399     (c)  Student assessment data used in determining school
1400grades shall include:
1401     1.  The aggregate scores of all eligible students enrolled
1402in the school who have been assessed on subject area assessments
1403or end-of-course examinations the FCAT.
1404     2.  The aggregate scores of all eligible students enrolled
1405in the school who have been assessed on subject area assessments
1406or end-of-course examinations the FCAT and who have scored at or
1407in the lowest 25th percentile of students in the school in
1408reading, mathematics, or writing, unless these students are
1409exhibiting satisfactory performance.
1410     3.  Effective with the 2005-2006 school year, The subject
1411area assessment achievement scores, end-of-course examination
1412scores, and learning gains of eligible students attending
1413alternative schools that provide dropout prevention and academic
1414intervention services pursuant to s. 1003.53. The term "eligible
1415students" in this subparagraph does not include students
1416attending an alternative school who are subject to district
1417school board policies for expulsion for repeated or serious
1418offenses, who are in dropout retrieval programs serving students
1419who have officially been designated as dropouts, or who are in
1420programs operated or contracted by the Department of Juvenile
1421Justice. The student performance data for eligible students
1422identified in this subparagraph shall be included in the
1423calculation of the home school's grade. As used in this section
1424and s. 1008.341, the term "home school" means the school to
1425which the student would be assigned if the student were not
1426assigned to an alternative school. If an alternative school
1427chooses to be graded under this section, student performance
1428data for eligible students identified in this subparagraph shall
1429not be included in the home school's grade but shall be included
1430only in the calculation of the alternative school's grade. A
1431school district that fails to assign the FCAT scores of each of
1432its students to his or her home school or to the alternative
1433school that receives a grade shall forfeit Florida School
1434Recognition Program funds for 1 fiscal year. School districts
1435must require collaboration between the home school and the
1436alternative school in order to promote student success. This
1437collaboration must include an annual discussion between the
1438principal of the alternative school and the principal of each
1439student's home school concerning the most appropriate school
1440assignment of the student.
1441     4.  Beginning with the 2014-2015 2009-2010 school year for
1442schools comprised of high school grades 9, 10, 11, and 12, or
1443grades 10, 11, and 12, the data listed in subparagraphs 1.-3.
1444and the following data as the Department of Education determines
1445such data are valid and available:
1446     a.  The high school graduation rate of the school as
1447calculated by the Department of Education;
1448     b.  The participation rate of all eligible students
1449enrolled in the school and enrolled in College Board Advanced
1450Placement courses; International Baccalaureate courses; dual
1451enrollment courses; Advanced International Certificate of
1452Education courses; and courses or sequence of courses leading to
1453industry certification, as determined by the Agency for
1454Workforce Innovation under s. 1003.492(2) in a career and
1455professional academy, as described in s. 1003.493;
1456     c.  The aggregate scores of all eligible students enrolled
1457in the school in College Board Advanced Placement courses,
1458International Baccalaureate courses, and Advanced International
1459Certificate of Education courses;
1460     d.  Earning of college credit by all eligible students
1461enrolled in the school in dual enrollment programs under s.
14621007.271;
1463     e.  Earning of an industry certification, as determined by
1464the Agency for Workforce Innovation under s. 1003.492(2) in a
1465career and professional academy, as described in s. 1003.493;
1466     f.  The aggregate scores of all eligible students enrolled
1467in the school in reading, mathematics, and other subjects as
1468measured by the SAT, the ACT, and the common placement test for
1469postsecondary readiness;
1470     g.  The high school graduation rate of all eligible at-risk
1471students enrolled in the school who did not meet proficiency
1472levels scored at Level 2 or lower on the grade 8 end-of-course
1473examinations in language arts, mathematics, and science FCAT
1474Reading and Mathematics examinations;
1475     h.  The performance of the school's students on statewide
1476standardized end-of-course examinations assessments administered
1477under s. 1008.22; and
1478     i.  The growth or decline in the data components listed in
1479sub-subparagraphs a.-h. from year to year.
1480
1481The State Board of Education shall adopt appropriate criteria
1482for each school grade. The criteria must also give added weight
1483to student achievement in language arts reading. Schools
1484designated with a grade of "C," making satisfactory progress,
1485shall be required to demonstrate that adequate progress has been
1486made by students in the school who are in the lowest 25th
1487percentile on subject area assessments or end-of-course
1488examinations in language arts reading, mathematics, or science
1489writing on the FCAT, unless these students are exhibiting
1490satisfactory performance. Beginning with the 2014-2015 2009-2010
1491school year for schools comprised of high school grades 9, 10,
149211, and 12, or grades 10, 11, and 12, the criteria for school
1493grades must also give added weight to the graduation rate of all
1494eligible at-risk students, as defined in this paragraph.
1495Beginning in the 2014-2015 2009-2010 school year, in order for a
1496high school to be designated as having a grade of "A," making
1497excellent progress, the school must demonstrate that at-risk
1498students, as defined in this paragraph, in the school are making
1499adequate progress.
1500     (4)  SCHOOL IMPROVEMENT RATINGS.-The annual report shall
1501identify each school's performance as having improved, remained
1502the same, or declined. This school improvement rating shall be
1503based on a comparison of the current year's and previous year's
1504student and school performance data. Schools that improve at
1505least one grade level are eligible for school recognition awards
1506pursuant to s. 1008.36.
1507     Section 14.  Subsections (2) and (3) of section 1008.341,
1508Florida Statutes, are amended to read:
1509     1008.341  School improvement rating for alternative
1510schools.-
1511     (2)  SCHOOL IMPROVEMENT RATING.-An alternative school that
1512provides dropout prevention and academic intervention services
1513pursuant to s. 1003.53 shall receive a school improvement rating
1514pursuant to this section. However, an alternative school shall
1515not receive a school improvement rating if the number of its
1516students for whom student performance data is available for the
1517current year and previous year is less than the minimum sample
1518size necessary, based on accepted professional practice, for
1519statistical reliability and prevention of the unlawful release
1520of personally identifiable student data under s. 1002.22 or 20
1521U.S.C. s. 1232g. The school improvement rating shall identify an
1522alternative school as having one of the following ratings
1523defined according to rules of the State Board of Education:
1524     (a)  "Improving" means the students attending the school
1525are making more academic progress than when the students were
1526served in their home schools.
1527     (b)  "Maintaining" means the students attending the school
1528are making progress equivalent to the progress made when the
1529students were served in their home schools.
1530     (c)  "Declining" means the students attending the school
1531are making less academic progress than when the students were
1532served in their home schools.
1533
1534The school improvement rating shall be based on a comparison of
1535student performance data for the current year and previous year.
1536Schools that improve at least one level or maintain an
1537"improving" rating pursuant to this section are eligible for
1538school recognition awards pursuant to s. 1008.36.
1539     (3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1540used in determining an alternative school's school improvement
1541rating shall include:
1542     (a)  The aggregate scores of all eligible students who were
1543assigned to and enrolled in the school during the October or
1544February FTE count, who have been assessed on subject area
1545assessments in grades 3 through 5 or end-of-course examinations
1546in grades 6 through 12 the FCAT, and who have FCAT or comparable
1547scores for the preceding school year.
1548     (b)  The aggregate scores of all eligible students who were
1549assigned to and enrolled in the school during the October or
1550February FTE count, who have been assessed on subject area
1551assessments in grades 3 through 5 or end-of-course examinations
1552in grades 6 through 12, the FCAT and who have scored in the
1553lowest 25th percentile of students in the state on FCAT Reading.
1554     (c)  The overall academic performance of all eligible
1555students in grades 3 through 12 based on grade point average,
1556student portfolios, readiness for grade promotion, readiness for
1557postsecondary education and careers, and, if determined by the
1558State Board of Education, other measurable indicators of student
1559progress.
1560
1561The assessment scores of students who are subject to district
1562school board policies for expulsion for repeated or serious
1563offenses, who are in dropout retrieval programs serving students
1564who have officially been designated as dropouts, or who are in
1565programs operated or contracted by the Department of Juvenile
1566Justice may not be included in an alternative school's school
1567improvement rating.
1568     Section 15.  Paragraph (b) of subsection (7) of section
15691008.345, Florida Statutes, is amended to read:
1570     1008.345  Implementation of state system of school
1571improvement and education accountability.-
1572     (7)
1573     (b)  Schools that have improved at least two grades and
1574that meet the criteria of the Florida School Recognition Program
1575pursuant to s. 1008.36 may be given deregulated status as
1576specified in s. 1003.63(5), (7), (8), (9), and (10).
1577     Section 16.  Section 1008.36, Florida Statutes, is amended
1578to read:
1579     1008.36  Every Child Matters Program Florida School
1580Recognition Program.-
1581     (1)  The Legislature finds that in order to provide every
1582student enrolled in K-12 public schools with the opportunity to
1583achieve a successful public education, academic problems must be
1584identified early, with remediation and intervention services to
1585follow there is a need for a performance incentive program for
1586outstanding faculty and staff in highly productive schools. The
1587Legislature further finds that performance-based incentives are
1588commonplace in the private sector and should be infused into the
1589public sector as a reward for productivity.
1590     (2)  The Every Child Matters Program Florida School
1591Recognition Program is created to provide financial awards to
1592public schools that:
1593     (a)  A curriculum-based, year-round measurement of academic
1594performance for all public school students enrolled in
1595kindergarten through grade 12. Sustain high performance by
1596receiving a school grade of "A," making excellent progress; or
1597     (b)  Remediation and intervention services to all public
1598school students enrolled in kindergarten through grade 12 who
1599are not meeting grade-level performance expectations.
1600Demonstrate exemplary improvement due to innovation and effort
1601by improving at least one letter grade or by improving more than
1602one letter grade and sustaining the improvement the following
1603school year.
1604     (3)  All public schools, including charter schools, that
1605receive a school grade pursuant to s. 1008.34 are eligible to
1606participate in the program.
1607     (4)  All selected schools shall receive financial
1608assistance awards depending on the availability of funds
1609appropriated and the number and size of schools selected to
1610receive an award. Funds must be distributed to the school's
1611fiscal agent and placed in the school's account and must be used
1612for purposes listed in subsection (5) as determined jointly by
1613the school's staff and school advisory council. If school staff
1614and the school advisory council cannot reach agreement by
1615November 1, the awards must be equally distributed to all
1616classroom teachers currently teaching in the school.
1617     (5)  Every Child Matters Program funds School recognition
1618awards must be used for the following:
1619     (a)  Administration of a regular formative assessment
1620approved by the State Board of Education Nonrecurring bonuses to
1621the faculty and staff;
1622     (b)  Nonrecurring expenditures for remediation of low-
1623performing students, including remediation programs and
1624intervention services adopted and administered by the Department
1625of Education;
1626     (c)(b)  Nonrecurring expenditures for educational equipment
1627or materials to assist in the remediation of low-performing
1628students; maintaining and improving student performance; or
1629     (d)(c)  Temporary personnel for the school to assist in the
1630remediation of low-performing students; maintaining and
1631improving student performance.
1632     (e)  Contracts with private sector participants to provide
1633remediation services if 90 percent of the personnel providing
1634services reside in the state and the contracts include
1635requirements to ensure that the private sector participants are
1636accountable for performance; or
1637     (f)  Transportation of students pursuant to s. 1002.31(3).
1638     (6)  The Department of Education shall provide training and
1639informational resources for educators to administer the
1640formative assessment pursuant to paragraph (5)(a) and shall be
1641responsible for developing and implementing provisions for the
1642collection and analysis of the assessment data.
1643     (7)  The Department of Education shall establish policies
1644and procedures for the development of individual education plans
1645for low-performing students who receive remediation and
1646intervention services pursuant to this section.
1647
1648Notwithstanding statutory provisions to the contrary, incentive
1649awards are not subject to collective bargaining.
1650     Section 17.  Paragraph (b) of subsection (1) of section
16511009.531, Florida Statutes, is amended to read:
1652     1009.531  Florida Bright Futures Scholarship Program;
1653student eligibility requirements for initial awards.-
1654     (1)  Effective January 1, 2008, in order to be eligible for
1655an initial award from any of the three types of scholarships
1656under the Florida Bright Futures Scholarship Program, a student
1657must:
1658     (b)  Earn a standard Florida high school diploma or its
1659equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
1660or s. 1003.435 unless:
1661     1.  The student completes a home education program
1662according to s. 1002.41; or
1663     2.  The student earns a high school diploma from a non-
1664Florida school while living with a parent or guardian who is on
1665military or public service assignment away from Florida.
1666     Section 18.  Paragraph (d) of subsection (7) and paragraph
1667(c) of subsection (9) of section 1011.62, Florida Statutes, are
1668amended to read:
1669     1011.62  Funds for operation of schools.-If the annual
1670allocation from the Florida Education Finance Program to each
1671district for operation of schools is not determined in the
1672annual appropriations act or the substantive bill implementing
1673the annual appropriations act, it shall be determined as
1674follows:
1675     (7)  DETERMINATION OF SPARSITY SUPPLEMENT.-
1676     (d)  Each district's allocation of sparsity supplement
1677funds shall be adjusted in the following manner:
1678     1.  A maximum discretionary levy per FTE value for each
1679district shall be calculated by dividing the value of each
1680district's maximum discretionary levy by its FTE student count.
1681     2.  A state average discretionary levy value per FTE shall
1682be calculated by dividing the total maximum discretionary levy
1683value for all districts by the state total FTE student count.
1684     3.  A total potential funds per FTE for each district shall
1685be calculated by dividing the total potential funds, not
1686including Every Child Matters Program Florida School Recognition
1687Program funds and the minimum guarantee, for each district by
1688its FTE student count.
1689     4.  A state average total potential funds per FTE shall be
1690calculated by dividing the total potential funds, not including
1691Every Child Matters Program Florida School Recognition Program
1692funds and the minimum guarantee, for all districts by the state
1693total FTE student count.
1694     5.  For districts that have a levy value per FTE as
1695calculated in subparagraph 1. higher than the state average
1696calculated in subparagraph 2., a sparsity wealth adjustment
1697shall be calculated as the product of the difference between the
1698state average levy value per FTE calculated in subparagraph 2.
1699and the district's levy value per FTE calculated in subparagraph
17001. and the district's FTE student count and -1. However, no
1701district shall have a sparsity wealth adjustment that, when
1702applied to the total potential funds calculated in subparagraph
17033., would cause the district's total potential funds per FTE to
1704be less than the state average calculated in subparagraph 4.
1705     6.  Each district's sparsity supplement allocation shall be
1706calculated by adding the amount calculated as specified in
1707paragraphs (a) and (b) and the wealth adjustment amount
1708calculated in this paragraph.
1709     (9)  RESEARCH-BASED READING INSTRUCTION ALLOCATION.-
1710     (c)  Funds allocated under this subsection must be used to
1711provide a system of comprehensive reading instruction to
1712students enrolled in the K-12 programs, which may include the
1713following:
1714     1.  The provision of highly qualified reading coaches.
1715     2.  Professional development for school district teachers
1716in scientifically based reading instruction, including
1717strategies to teach reading in content areas and with an
1718emphasis on technical and informational text.
1719     3.  The provision of summer reading camps for students who
1720are reading below grade level score at Level 1 on FCAT Reading.
1721     4.  The provision of supplemental instructional materials
1722that are grounded in scientifically based reading research.
1723     5.  The provision of intensive interventions for middle and
1724high school students reading below grade level.
1725     Section 19.  Paragraph (b) of subsection (1) of section
17261012.22, Florida Statutes, is amended to read:
1727     1012.22  Public school personnel; powers and duties of the
1728district school board.-The district school board shall:
1729     (1)  Designate positions to be filled, prescribe
1730qualifications for those positions, and provide for the
1731appointment, compensation, promotion, suspension, and dismissal
1732of employees as follows, subject to the requirements of this
1733chapter:
1734     (b)  Time to act on nominations.-The district school board
1735shall act not later than 3 weeks following the receipt of FCAT
1736scores and data, including school grades, or June 30, whichever
1737is later, on the district school superintendent's nominations of
1738supervisors, principals, and members of the instructional staff.
1739     Section 20.  (1)  Effective upon this act becoming a law,
1740the Commissioner of Education shall appoint a public school
1741assessment and accountability alignment committee to develop:
1742     (a)  Standards for a revised statewide student assessment
1743program under s. 1008.22, Florida Statutes, consisting of
1744subject area assessments for students in grades 3 through 5,
1745subject area assessments and end-of-course examinations in core
1746and noncore subject areas for students in grades 6 through 12,
1747and diagnostic assessments for students in grades 6, 8, and 10.
1748     (b)  Procedures for transitioning elementary schools from
1749the use of the Florida Comprehensive Assessment Test to the use
1750of subject area assessments and procedures for transitioning
1751middle schools and high schools from the use of the Florida
1752Comprehensive Assessment Test to the use of subject area
1753assessments and end-of-course examinations.
1754     (c)  Standards for revised formulas for determining school
1755grades and school improvement ratings under ss. 1008.34 and
17561008.341, Florida Statutes.
1757     (2)  The committee shall align the components of the
1758revised statewide student assessment program to best prepare
1759students to progress from one grade to the next and to
1760postsecondary education or careers after high school.
1761     (3)  To ensure that the alignment committee represents a
1762cross-section of education stakeholders, it shall be composed of
1763individuals from:
1764     (a)  The education community, including, but not limited
1765to, teachers and administrators representing elementary,
1766secondary, and higher education.
1767     (b)  Education associations, including, but not limited to,
1768associations for teachers, school administrators, and district
1769school boards.
1770     (c)  State government and local government.
1771     (d)  The business community.
1772     (e)  Independent education researchers or experts.
1773     (4)  Members of the alignment committee shall serve without
1774compensation but may be reimbursed for per diem and travel
1775expenses in accordance with s. 112.061, Florida Statutes.
1776     (5)  The alignment committee may conduct public hearings
1777around the state to obtain public input for the development of a
1778revised statewide student assessment program and formulas for
1779determining school grades and school improvement ratings.
1780     (6)(a)  By August 1, 2010, the alignment committee shall
1781begin work on the following:
1782     1.  Developing new subject area assessments for students in
1783grades 3 through 5, subject area assessments and end-of-course
1784examinations for students in grades 6 through 12, and diagnostic
1785assessments for students in grades 6, 8, and 10.
1786     2.  Transitioning to a revised method for determining
1787school grades and school improvement ratings based on factors
1788that include subject area assessments, end-of-course
1789examinations, overall student academic performance, and a
1790school's use of technology and innovative practices.
1791     (b)  By August 1, 2013:
1792     1.  The State Board of Education shall adopt rules pursuant
1793to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
1794revised statewide student assessment program and school grading
1795system as part of the state's public school assessment and
1796accountability system beginning with the 2014-2015 school year.
1797     2.  The Department of Education and school districts shall
1798begin training and professional development for teachers, school
1799administrators, and other educational personnel in use of the
1800new subject area assessments, end-of-course examinations, and
1801diagnostic assessments.
1802     (7)  The alignment committee shall expire upon completion
1803of its activities but no later than August 1, 2013.
1804     Section 21.  Except as otherwise expressly provided in this
1805act, this act shall take effect July 1, 2014.


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