CS/CS/HB 1255

1	A bill to be entitled
2	An act relating to education accountability; amending s.
3	1001.20, F.S.; deleting a provision that requires the
4	Florida Virtual School to be administratively housed
5	within the Office of Technology and Information Services
6	within the Office of the Commissioner of Education;
7	amending s. 1001.42, F.S.; revising the powers and duties
8	of district school boards relating to student access to
9	Florida Virtual School courses; creating s. 1001.421,
10	F.S.; prohibiting district school board members and their
11	relatives from soliciting or accepting certain gifts;
12	amending s. 1002.37, F.S.; conforming provisions to
13	changes made by the act; amending s. 1002.38, F.S.;
14	providing that school grades shall be based on statewide
15	assessments for purposes of the Opportunity Scholarship
16	Program; amending s. 1002.39, F.S.; providing requirements
17	for determining the end of the term of a John M. McKay
18	Scholarship; amending s. 1002.45, F.S.; revising
19	provisions relating to virtual instruction program
20	provider qualifications; amending s. 1002.66, F.S.;
21	providing an additional instructional service for children
22	with disabilities in the Voluntary Prekindergarten
23	Education Program; amending s. 1002.67, F.S.; requiring
24	that the State Board of Education periodically review and
25	revise the performance standards for the statewide
26	kindergarten screening; amending s. 1002.69, F.S.;
27	authorizing nonpublic schools to administer the statewide
28	kindergarten screening to kindergarten students who were
29	enrolled in the Voluntary Prekindergarten Education
30	Program; revising provisions relating to the minimum
31	kindergarten readiness rate and criteria for good cause
32	exemptions from meeting the requirement; requiring
33	prekindergarten enrollment screening and post-assessment
34	under certain circumstances; amending s. 1002.71, F.S.;
35	providing that a child may reenroll more than once in a
36	prekindergarten program if granted a good cause exemption;
37	amending s. 1002.73, F.S.; requiring the Department of
38	Education to adopt procedures relating to prekindergarten
39	enrollment screening, the standardized post-assessment,
40	and reporting of the results of readiness measures;
41	amending s. 1003.01, F.S.; providing an additional special
42	education service; amending s. 1003.4156, F.S.; revising
43	the general requirements for middle grades promotion;
44	providing that a student with a disability may have end-
45	of-course assessment results waived under certain
46	circumstances; providing that a middle grades student may
47	be exempt from reading remediation requirements under
48	certain circumstances; creating s. 1003.4203, F.S.;
49	authorizing each district school board to develop and
50	implement a digital curriculum for students in grades 6
51	through 12; requiring the Department of Education to
52	develop a model digital curriculum; authorizing
53	partnerships with private businesses and consultants;
54	amending s. 1003.428, F.S.; revising provisions relating
55	to the general requirements for high school graduation;
56	providing that a high school student may be exempt from
57	reading remediation requirements under certain
58	circumstances; amending s. 1003.429, F.S.; revising
59	provisions relating to the selection of accelerated high
60	school graduation options; amending s. 1003.491, F.S.;
61	revising provisions relating to the development, contents,
62	and approval of the strategic plan to address workforce
63	needs; amending s. 1003.493, F.S.; revising requirements
64	for career and professional academies and enrollment of
65	students; creating s. 1003.4935, F.S.; requiring each
66	district school board to develop a plan to implement a
67	career and professional academy in at least one middle
68	school; providing requirements for middle school career
69	and professional academies and academy courses; amending
70	s. 1003.573, F.S.; revising provisions relating to the use
71	of restraint and seclusion on students with disabilities;
72	requiring that certain information be included in incident
73	reports; revising provisions relating to school district
74	policies and procedures to include setting goals for the
75	reduction of restraint and seclusion; requiring the State
76	Board of Education to adopt rules defining terms and
77	identifying additional variables to be documented in
78	incident reports and standards for documentation and
79	reporting; providing for application of specified
80	provisions of the act; amending s. 1012.582, F.S.;
81	conforming provisions to changes made by the act; amending
82	s. 1003.575, F.S.; providing requirements for completion
83	of an assistive technology assessment; amending s.
84	1008.22, F.S.; revising provisions relating to the student
85	assessment program for public schools; requiring that the
86	Commissioner of Education direct school districts to
87	participate in certain international assessment programs;
88	authorizing a school principal to exempt certain students
89	from the end-of-course assessment in civics education;
90	revising provisions relating to administration and
91	reporting of results of assessments; amending s. 1008.30,
92	F.S.; revising provisions relating to evaluation of
93	college readiness and providing for postsecondary
94	preparatory instruction; requiring the State Board of
95	Education to adopt certain rules; amending s. 1008.33,
96	F.S.; revising provisions relating to public school
97	improvement; requiring the Department of Education to
98	categorize public schools based on a school's grade that
99	relies on statewide assessments; amending s. 1008.34,
100	F.S.; revising the basis for the designation of school
101	grades; including achievement scores and learning gains
102	for students who are hospital or homebound; amending s.
103	1011.01, F.S.; revising provisions relating to the annual
104	operating budgets of district school boards and Florida
105	College System institution boards of trustees; amending s.
106	1011.03, F.S.; revising provisions relating to adopted
107	district school board budgets; creating s. 1011.035, F.S.;
108	requiring each school district to post budgetary
109	information on its website; amending s. 1011.62, F.S.;
110	revising provisions relating to the funding model for
111	exceptional student education programs; requiring the
112	Department of Education to revise the descriptions of
113	services and to implement the revisions; amending s.
114	1012.39, F.S.; revising provisions relating to the
115	qualifications for nondegreed teachers of career
116	education; providing effective dates.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Paragraph (a) of subsection (4) of section
121	1001.20, Florida Statutes, is amended to read:
122	1001.20  Department under direction of state board.-
123	(4)  The Department of Education shall establish the
124	following offices within the Office of the Commissioner of
125	Education which shall coordinate their activities with all other
126	divisions and offices:
127	(a)  Office of Technology and Information Services.-
128	Responsible for developing a systemwide technology plan, making
129	budget recommendations to the commissioner, providing data
130	collection and management for the system, assisting school
131	districts in securing Internet access and telecommunications
132	services, including those eligible for funding under the Schools
133	and Libraries Program of the federal Universal Service Fund, and
134	coordinating services with other state, local, and private
135	agencies. The office shall develop a method to address the need
136	for a statewide approach to planning and operations of library
137	and information services to achieve a single K-20 education
138	system library information portal and a unified higher education
139	library management system. The Florida Virtual School shall be
140	administratively housed within the office.
141	Section 2.  Subsection (23) of section 1001.42, Florida
142	Statutes, is amended to read:
143	1001.42  Powers and duties of district school board.-The
144	district school board, acting as a board, shall exercise all
145	powers and perform all duties listed below:
146	(23)  FLORIDA VIRTUAL SCHOOL.-Provide students with access
147	to enroll in courses available through the Florida Virtual
148	School and award credit for successful completion of such
149	courses. Access shall be available to students during and or
150	after the normal school day and through summer school
151	enrollment.
152	Section 3.  Section 1001.421, Florida Statutes, is created
153	to read:
154	1001.421  Gifts.-Notwithstanding any other provision of law
155	to the contrary, district school board members and their
156	relatives, as defined in s. 112.312(21), may not directly or
157	indirectly solicit any gift, or directly or indirectly accept
158	any gift in excess of $50, from any person, vendor, potential
159	vendor, or other entity doing business with the school district.
160	The term "gift" has the same meaning as in s. 112.312(12).
161	Section 4.  Paragraph (a) of subsection (1) of section
162	1002.37, Florida Statutes, is amended to read:
163	1002.37  The Florida Virtual School.-
164	(1)(a)  The Florida Virtual School is established for the
165	development and delivery of online and distance learning
166	education and shall be administratively housed within the
167	Commissioner of Education's Office of Technology and Information
168	Services. The Commissioner of Education shall monitor the
169	school's performance and report its performance to the State
170	Board of Education and the Legislature.
171
172	The board of trustees of the Florida Virtual School shall
173	identify appropriate performance measures and standards based on
174	student achievement that reflect the school's statutory mission
175	and priorities, and shall implement an accountability system for
176	the school that includes assessment of its effectiveness and
177	efficiency in providing quality services that encourage high
178	student achievement, seamless articulation, and maximum access.
179	Section 5.  Subsection (2) and paragraph (a) of subsection
180	(3) of section 1002.38, Florida Statutes, are amended to read:
181	1002.38  Opportunity Scholarship Program.-
182	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-For purposes of
183	this section, a school's grade shall be based upon statewide
184	assessments administered pursuant to s. 1008.22. A public school
185	student's parent may request and receive from the state an
186	opportunity scholarship for the student to enroll in and attend
187	a private school in accordance with the provisions of this
188	section if:
189	(a)1.  By assigned school attendance area or by special
190	assignment, the student has spent the prior school year in
191	attendance at a public school that has been designated pursuant
192	to s. 1008.34 as performance grade category "F," failing to make
193	adequate progress, and that has had 2 school years in a 4-year
194	period of such low performance, and the student's attendance
195	occurred during a school year in which such designation was in
196	effect;
197	2.  The student has been in attendance elsewhere in the
198	public school system and has been assigned to such school for
199	the next school year; or
200	3.  The student is entering kindergarten or first grade and
201	has been notified that the student has been assigned to such
202	school for the next school year.
203	(b)  The parent has obtained acceptance for admission of
204	the student to a private school eligible for the program
205	pursuant to subsection (4), and has notified the Department of
206	Education and the school district of the request for an
207	opportunity scholarship no later than July 1 of the first year
208	in which the student intends to use the scholarship.
209
210	The provisions of this section shall not apply to a student who
211	is enrolled in a school operating for the purpose of providing
212	educational services to youth in Department of Juvenile Justice
213	commitment programs. For purposes of continuity of educational
214	choice, the opportunity scholarship shall remain in force until
215	the student returns to a public school or, if the student
216	chooses to attend a private school the highest grade of which is
217	grade 8, until the student matriculates to high school and the
218	public high school to which the student is assigned is an
219	accredited school with a performance grade category designation
220	of "C" or better. However, at any time upon reasonable notice to
221	the Department of Education and the school district, the
222	student's parent may remove the student from the private school
223	and place the student in a public school, as provided in
224	subparagraph (3)(a)2.
225	(3)  SCHOOL DISTRICT OBLIGATIONS.-
226	(a)  A school district shall, for each student enrolled in
227	or assigned to a school that has been designated as performance
228	grade category "F" for 2 school years in a 4-year period:
229	1.  Timely notify the parent of the student as soon as such
230	designation is made of all options available pursuant to this
231	section.
232	2.  Offer that student's parent an opportunity to enroll
233	the student in the public school within the district that has
234	been designated by the state pursuant to s. 1008.34 as a school
235	performing higher than that in which the student is currently
236	enrolled or to which the student has been assigned, but not less
237	than performance grade category "C." The parent is not required
238	to accept this offer in lieu of requesting a state opportunity
239	scholarship to a private school. The opportunity to continue
240	attending the higher performing public school shall remain in
241	force until the student graduates from high school.
242	Section 6.  Paragraph (a) of subsection (4) of section
243	1002.39, Florida Statutes, is amended to read:
244	1002.39  The John M. McKay Scholarships for Students with
245	Disabilities Program.-There is established a program that is
246	separate and distinct from the Opportunity Scholarship Program
247	and is named the John M. McKay Scholarships for Students with
248	Disabilities Program.
249	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.-
250	(a)  For purposes of continuity of educational choice, a
251	John M. McKay Scholarship shall remain in force until the
252	student returns to a public school, graduates from high school,
253	or reaches the age of 22, whichever occurs first. A scholarship
254	student who enrolls in a public school or public school program
255	is considered to have returned to a public school for the
256	purpose of determining the end of the scholarship's term.
257	However, if a student enters a Department of Juvenile Justice
258	detention center for a period of no more than 21 days, the
259	student is not considered to have returned to a public school
260	for that purpose.
261	Section 7.  Paragraph (b) of subsection (2) of section
262	1002.45, Florida Statutes, is amended to read:
263	1002.45  School district virtual instruction programs.-
264	(2)  PROVIDER QUALIFICATIONS.-
265	(b)  An approved provider shall retain its approved status
266	during the 3 school years for a period of 3 years after the date
267	of the department's approval under paragraph (a) as long as the
268	provider continues to comply with all requirements of this
269	section.
270	Section 8.  Paragraph (e) is added to subsection (2) of
271	section 1002.66, Florida Statutes, to read:
272	1002.66  Specialized instructional services for children
273	with disabilities.-
274	(2)  The parent of a child who is eligible for the
275	prekindergarten program for children with disabilities may
276	select one or more specialized instructional services that are
277	consistent with the child's individual educational plan. These
278	specialized instructional services may include, but are not
279	limited to:
280	(e)  Listening and Spoken Language specialists for any
281	child who is deaf or hard of hearing and has received an implant
282	or assistive hearing device.
283	Section 9.  Subsection (1) and paragraph (c) of subsection
284	(3) of section 1002.67, Florida Statutes, are amended to read:
285	1002.67  Performance standards; curricula and
286	accountability.-
287	(1)(a)  By April 1, 2005, the department shall develop and
288	adopt performance standards for students in the Voluntary
289	Prekindergarten Education Program. The performance standards
290	must address the age-appropriate progress of students in the
291	development of:
292	1.(a)  The capabilities, capacities, and skills required
293	under s. 1(b), Art. IX of the State Constitution; and
294	2.(b)  Emergent literacy skills, including oral
295	communication, knowledge of print and letters, phonemic and
296	phonological awareness, and vocabulary and comprehension
297	development.
298	(b)  The State Board of Education shall periodically review
299	and revise the performance standards for the statewide
300	kindergarten screening administered under s. 1002.69 and align
301	the standards to the standards established by the state board
302	for student performance on the statewide assessments
303	administered pursuant to s. 1008.22.
304	(3)
305	(c)1.  If the kindergarten readiness rate of a private
306	prekindergarten provider or public school falls below the
307	minimum rate adopted by the State Board of Education as
308	satisfactory under s. 1002.69(6), the early learning coalition
309	or school district, as applicable, shall require the provider or
310	school to submit an improvement plan for approval by the
311	coalition or school district, as applicable, and to implement
312	the plan.
313	2.  If a private prekindergarten provider or public school
314	fails to meet the minimum rate adopted by the State Board of
315	Education as satisfactory under s. 1002.69(6) for 2 consecutive
316	years, the early learning coalition or school district, as
317	applicable, shall place the provider or school on probation and
318	must require the provider or school to take certain corrective
319	actions, including the use of a curriculum approved by the
320	department under paragraph (2)(c).
321	3.  A private prekindergarten provider or public school
322	that is placed on probation must continue the corrective actions
323	required under subparagraph 2., including the use of a
324	curriculum approved by the department, until the provider or
325	school meets the minimum rate adopted by the State Board of
326	Education as satisfactory under s. 1002.69(6).
327	4.  If a private prekindergarten provider or public school
328	remains on probation for 2 consecutive years and fails to meet
329	the minimum rate adopted by the State Board of Education as
330	satisfactory under s. 1002.69(6) and is not granted a good cause
331	exemption by the department pursuant to s. 1002.69(7), the
332	Agency for Workforce Innovation shall require the early learning
333	coalition or the Department of Education shall require the
334	school district to remove, as applicable, the provider or school
335	from eligibility to deliver the Voluntary Prekindergarten
336	Education Program and receive state funds for the program.
337	Section 10.  Subsections (1), (5), and (6) and paragraphs
338	(b) and (c) of subsection (7) of section 1002.69, Florida
339	Statutes, are amended to read:
340	1002.69  Statewide kindergarten screening; kindergarten
341	readiness rates; state-approved prekindergarten enrollment
342	screening; good cause exemption.-
343	(1)  The department shall adopt a statewide kindergarten
344	screening that assesses the readiness of each student for
345	kindergarten based upon the performance standards adopted by the
346	department under s. 1002.67(1) for the Voluntary Prekindergarten
347	Education Program. The department shall require that each school
348	district administer the statewide kindergarten screening to each
349	kindergarten student in the school district within the first 30
350	school days of each school year. Nonpublic schools may
351	administer the statewide kindergarten screening to each
352	kindergarten student in a nonpublic school who was enrolled in
353	the Voluntary Prekindergarten Education Program.
354	(5)  The State Board of Education shall adopt procedures
355	for the department to annually calculate each private
356	prekindergarten provider's and public school's kindergarten
357	readiness rate, which must be expressed as the percentage of the
358	provider's or school's students who are assessed as ready for
359	kindergarten. The kindergarten readiness rates must be based
360	exclusively upon the results of the statewide kindergarten
361	screening for students completing the Voluntary Prekindergarten
362	Education Program, beginning with students completing the
363	program during the 2005-2006 school year who are administered
364	the statewide kindergarten screening during the 2006-2007 school
365	year. The methodology for calculating each provider's
366	kindergarten readiness rate must include the percentage of
367	students who meet all state readiness measures. The rates must
368	not include students who are not administered the statewide
369	kindergarten screening.
370	(6)(a)  The State Board of Education shall periodically
371	adopt a minimum kindergarten readiness rate that, if achieved by
372	a private prekindergarten provider or public school, would
373	demonstrate the provider's or school's satisfactory delivery of
374	the Voluntary Prekindergarten Education Program.
375	(b)  The minimum rate must not exceed the rate at which
376	more than 15 percent of the kindergarten readiness rates of all
377	private prekindergarten providers and public schools delivering
378	the Voluntary Prekindergarten Education Program in the state
379	would fall below the minimum rate.
380	(7)
381	(b)  A private prekindergarten provider's or public
382	school's request for a good cause exemption, or renewal of such
383	an exemption, must be submitted to the state board in the manner
384	and within the timeframes prescribed by the state board and must
385	include the following:
386	1.  Submission of data by the private prekindergarten
387	provider or public school which documents on a standardized
388	assessment the achievement and progress of the children served
389	as measured by the state-approved prekindergarten enrollment
390	screening and the standardized post-assessment approved by the
391	department pursuant to subparagraph (c)1.
392	2.  Submission and review of data available from the
393	respective early learning coalition or district school board,
394	the Department of Children and Family Services, local licensing
395	authority, or an accrediting association, as applicable,
396	relating to the private prekindergarten provider's or public
397	school's compliance with state and local health and safety
398	standards.
399	3.  Submission and review of data available to the
400	department on the performance of the children served and the
401	calculation of the private prekindergarten provider's or public
402	school's kindergarten readiness rate.
403	(c)  The State Board of Education shall adopt criteria for
404	granting good cause exemptions. Such criteria shall include, but
405	are not limited to:
406	1.  Learning gains of children served in the Voluntary
407	Prekindergarten Education Program by the private prekindergarten
408	provider or public school. A provider seeking a good cause
409	exemption shall have the early learning coalition or a
410	department-approved second party administer the state-approved
411	prekindergarten enrollment screening to each child in the
412	prekindergarten provider's program within the first 30 days of
413	each school year for which a good cause exemption is sought, and
414	the provider shall administer the standardized post-assessment
415	approved by the department to measure the student's learning
416	gains for the year or summer, as appropriate. All data must be
417	submitted to the department within 30 days after the
418	administration of each assessment. Each parent who enrolls his
419	or her child in a Voluntary Prekindergarten Education Program
420	offered by a provider seeking a good cause exemption must submit
421	the child for the state-approved prekindergarten enrollment
422	screening.
423	2.  Verification that the private prekindergarten provider
424	or public school serves at least twice the statewide percentage
425	of children with disabilities as defined in s. 1003.01(3)(a) or
426	children identified as limited English proficient as defined in
427	s. 1003.56.
428	2.3.  Verification that local and state health and safety
429	requirements are met.
430	Section 11.  Subsection (4) of section 1002.71, Florida
431	Statutes, is amended to read:
432	1002.71  Funding; financial and attendance reporting.-
433	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
434	(a)  A child who, for any of the prekindergarten programs
435	listed in s. 1002.53(3), has not completed more than 70 percent
436	of the hours authorized to be reported for funding under
437	subsection (2), or has not expended more than 70 percent of the
438	funds authorized for the child under s. 1002.66, may withdraw
439	from the program for good cause and reenroll in one of the
440	programs. The total funding for a child who reenrolls in one of
441	the programs for good cause may not exceed one full-time
442	equivalent student. Funding for a child who withdraws and
443	reenrolls in one of the programs for good cause shall be issued
444	in accordance with the agency's uniform attendance policy
445	adopted pursuant to paragraph (6)(d).
446	(b)  A child who has not substantially completed any of the
447	prekindergarten programs listed in s. 1002.53(3) may withdraw
448	from the program due to an extreme hardship that is beyond the
449	child's or parent's control, reenroll in one of the summer
450	programs, and be reported for funding purposes as a full-time
451	equivalent student in the summer program for which the child is
452	reenrolled.
453
454	A child may reenroll only once in a prekindergarten program
455	under this section. A child who reenrolls in a prekindergarten
456	program under this subsection may not subsequently withdraw from
457	the program and reenroll, unless the child is granted a good
458	cause exemption under this subsection. The Agency for Workforce
459	Innovation shall establish criteria specifying whether a good
460	cause exists for a child to withdraw from a program under
461	paragraph (a), whether a child has substantially completed a
462	program under paragraph (b), and whether an extreme hardship
463	exists which is beyond the child's or parent's control under
464	paragraph (b).
465	Section 12.  Subsection (2) of section 1002.73, Florida
466	Statutes, is amended to read:
467	1002.73  Department of Education; powers and duties;
468	accountability requirements.-
469	(2)  The department shall adopt procedures for its:
470	(a)  Approval of prekindergarten director credentials under
471	ss. 1002.55 and 1002.57.
472	(b)  Approval of emergent literacy training courses under
473	ss. 1002.55 and 1002.59.
474	(c)  Administration of the statewide kindergarten screening
475	and calculation of kindergarten readiness rates under s.
476	1002.69.
477	(d)  Implementation of, and determination of costs
478	associated with, the state-approved prekindergarten enrollment
479	screening and the standardized post-assessment approved by the
480	department and determination of the learning gains of students
481	who complete the state-approved prekindergarten enrollment
482	screening and the standardized post-assessment approved by the
483	department.
484	(e)(d)  Approval of specialized instructional services
485	providers under s. 1002.66.
486	(f)  Annual reporting of the percentage of kindergarten
487	students who meet all state readiness measures.
488	(g)(e)  Granting of a private prekindergarten provider's or
489	public school's request for a good cause exemption under s.
490	1002.69(7).
491	Section 13.  Paragraph (b) of subsection (3) of section
492	1003.01, Florida Statutes, is amended to read:
493	1003.01  Definitions.-As used in this chapter, the term:
494	(3)
495	(b)  "Special education services" means specially designed
496	instruction and such related services as are necessary for an
497	exceptional student to benefit from education. Such services may
498	include: transportation; diagnostic and evaluation services;
499	social services; physical and occupational therapy; speech and
500	language pathology services; job placement; orientation and
501	mobility training; braillists, typists, and readers for the
502	blind; interpreters and auditory amplification; services
503	provided by a certified Listening and Spoken Language
504	specialist; rehabilitation counseling; transition services;
505	mental health services; guidance and career counseling;
506	specified materials, assistive technology devices, and other
507	specialized equipment; and other such services as approved by
508	rules of the state board.
509	Section 14.  Subsection (1) of section 1003.4156, Florida
510	Statutes, is amended to read:
511	1003.4156  General requirements for middle grades
512	promotion.-
513	(1)  Beginning with students entering grade 6 in the 2006-
514	2007 school year, Promotion from a school composed of middle
515	grades 6, 7, and 8 requires that:
516	(a)  The student must successfully complete academic
517	courses as follows:
518	1.  Three middle school or higher courses in English. These
519	courses shall emphasize literature, composition, and technical
520	text.
521	2.  Three middle school or higher courses in mathematics.
522	Each middle school must offer at least one high school level
523	mathematics course for which students may earn high school
524	credit. Successful completion of a high school level Algebra I
525	or geometry course is not contingent upon the student's
526	performance on the end-of-course assessment required under s.
527	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
528	school year, to earn high school credit for an Algebra I course,
529	a middle school student must pass the Algebra I end-of-course
530	assessment, and beginning with the 2012-2013 school year, to
531	earn high school credit for a geometry course, a middle school
532	student must pass the geometry end-of-course assessment.
533	3.  Three middle school or higher courses in social
534	studies, one semester of which must include the study of state
535	and federal government and civics education. Beginning with
536	students entering grade 6 in the 2012-2013 school year, one of
537	these courses must be at least a one-semester civics education
538	course that a student successfully completes in accordance with
539	s. 1008.22(3)(c) and that includes the roles and
540	responsibilities of federal, state, and local governments; the
541	structures and functions of the legislative, executive, and
542	judicial branches of government; and the meaning and
543	significance of historic documents, such as the Articles of
544	Confederation, the Declaration of Independence, and the
545	Constitution of the United States.
546	4.  Three middle school or higher courses in science.
547	Successful completion of a high school level Biology I course is
548	not contingent upon the student's performance on the end-of-
549	course assessment required under s. 1008.22(3)(c)2.a.(II).
550	However, beginning with the 2012-2013 school year, to earn high
551	school credit for a Biology I course, a middle school student
552	must pass the Biology I end-of-course assessment.
553	5.  One course in career and education planning to be
554	completed in 7th or 8th grade. The course may be taught by any
555	member of the instructional staff; must include career
556	exploration using Florida CHOICES or a comparable cost-effective
557	program; must include educational planning using the online
558	student advising system known as Florida Academic Counseling and
559	Tracking for Students at the Internet website FACTS.org; and
560	shall result in the completion of a personalized academic and
561	career plan. The required personalized academic and career plan
562	must inform students of high school graduation requirements,
563	high school assessment and college entrance test requirements,
564	Florida Bright Futures Scholarship Program requirements, state
565	university and Florida college admission requirements, and
566	programs through which a high school student can earn college
567	credit, including Advanced Placement, International
568	Baccalaureate, Advanced International Certificate of Education,
569	dual enrollment, career academy opportunities, and courses that
570	lead to national industry certification.
571
572	A student with a disability, as defined in s. 1007.02(2), for
573	whom the individual education plan team determines that an end-
574	of-course assessment cannot accurately measure the student's
575	abilities, taking into consideration all allowable
576	accommodations, shall have the end-of-course assessment results
577	waived for purposes of determining the student's course grade
578	and completing the requirements for middle grades promotion.
579	Each school must hold a parent meeting either in the evening or
580	on a weekend to inform parents about the course curriculum and
581	activities. Each student shall complete an electronic personal
582	education plan that must be signed by the student; the student's
583	instructor, guidance counselor, or academic advisor; and the
584	student's parent. The Department of Education shall develop
585	course frameworks and professional development materials for the
586	career exploration and education planning course. The course may
587	be implemented as a stand-alone course or integrated into
588	another course or courses. The Commissioner of Education shall
589	collect longitudinal high school course enrollment data by
590	student ethnicity in order to analyze course-taking patterns.
591	(b)  For each year in which a student scores at Level l on
592	FCAT Reading, the student must be enrolled in and complete an
593	intensive reading course the following year. Placement of Level
594	2 readers in either an intensive reading course or a content
595	area course in which reading strategies are delivered shall be
596	determined by diagnosis of reading needs. The department shall
597	provide guidance on appropriate strategies for diagnosing and
598	meeting the varying instructional needs of students reading
599	below grade level. Reading courses shall be designed and offered
600	pursuant to the comprehensive reading plan required by s.
601	1011.62(9). A middle grades student who scores at Level 1 or
602	Level 2 on FCAT Reading but who did not score below Level 3 in
603	the previous 3 years may be granted a 1-year exemption from the
604	reading remediation requirement; however, the student must have
605	an approved academic improvement plan already in place, signed
606	by the appropriate school staff and the student's parent, for
607	the year for which the exemption is granted.
608	(c)  For each year in which a student scores at Level 1 or
609	Level 2 on FCAT Mathematics, the student must receive
610	remediation the following year, which may be integrated into the
611	student's required mathematics course.
612	Section 15.  Section 1003.4203, Florida Statutes, is
613	created to read:
614	1003.4203  Digital curriculum.-
615	(1)  Each district school board, in consultation with the
616	district school superintendent, may develop and implement a
617	digital curriculum for students in grades 6 through 12 to enable
618	students to attain competencies in web communications and web
619	design. A digital curriculum may include web-based skills, web-
620	based core technologies, web design, use of digital technologies
621	and markup language to evidence competency in computer skills,
622	and use of web-based core technologies to design creative,
623	informational, and content standards for web-based digital
624	products that demonstrate proficiency in creating, publishing,
625	testing, monitoring, and maintaining a website.
626	(2)  The digital curriculum instruction may be integrated
627	into middle school and high school subject area curricula or
628	offered as a separate course, subject to available funding.
629	(3)  The Department of Education shall develop a model
630	digital curriculum to serve as a guide for district school
631	boards in the development of a digital curriculum.
632	(4)  A district school board may seek partnerships with
633	private businesses and consultants to offer classes and
634	instruction to teachers and students to assist the school
635	district in providing digital curriculum instruction.
636	Section 16.  Paragraph (b) of subsection (2) of section
637	1003.428, Florida Statutes, is amended to read:
638	1003.428  General requirements for high school graduation;
639	revised.-
640	(2)  The 24 credits may be earned through applied,
641	integrated, and combined courses approved by the Department of
642	Education. The 24 credits shall be distributed as follows:
643	(b)  Eight credits in electives.
644	1.  For each year in which a student scores at Level 1 on
645	FCAT Reading, the student must be enrolled in and complete an
646	intensive reading course the following year. Placement of Level
647	2 readers in either an intensive reading course or a content
648	area course in which reading strategies are delivered shall be
649	determined by diagnosis of reading needs. The department shall
650	provide guidance on appropriate strategies for diagnosing and
651	meeting the varying instructional needs of students reading
652	below grade level. Reading courses shall be designed and offered
653	pursuant to the comprehensive reading plan required by s.
654	1011.62(9). A high school student who scores at Level 1 or Level
655	2 on FCAT Reading but who did not score below Level 3 in the
656	previous 3 years may be granted a 1-year exemption from the
657	reading remediation requirement; however, the student must have
658	an approved academic improvement plan already in place, signed
659	by the appropriate school staff and the student's parent, for
660	the year for which the exemption is granted.
661	2.  For each year in which a student scores at Level 1 or
662	Level 2 on FCAT Mathematics, the student must receive
663	remediation the following year. These courses may be taught
664	through applied, integrated, or combined courses and are subject
665	to approval by the department for inclusion in the Course Code
666	Directory.
667	Section 17.  Subsections (2), (3), (4), and (7) of section
668	1003.429, Florida Statutes, are amended to read:
669	1003.429  Accelerated high school graduation options.-
670	(2)  Prior to selecting a program described in paragraph
671	(1)(b) or paragraph (1)(c), a student and the student's parent
672	should must meet with designated school personnel to receive an
673	explanation of the relative requirements, advantages, and
674	disadvantages of each program option, and the student must also
675	receive the written consent of the student's parent. If an
676	effort to meet with the student's parent fails and that effort
677	has been documented by designated school personnel, the student
678	may select a program described in paragraph (1)(b) or paragraph
679	(1)(c) with the written consent of the student's parent. A
680	student may select a program described in paragraph (1)(b) or
681	paragraph (1)(c) without the written consent of the student's
682	parent if the student is 18 years of age or older.
683	(3)  Beginning with the 2011-2012 2006-2007 school year,
684	each district school board shall provide each student in grades
685	6 through 12 9 and their parents with information concerning the
686	3-year and 4-year high school graduation options listed in
687	subsection (1), including the respective curriculum requirements
688	for those options, so that the students and their parents may
689	select the program that best fits their needs. The information
690	must include a timeframe for achieving each graduation option.
691	(4)  Selection of one of the graduation options listed in
692	subsection (1) may must be completed by the student at any time
693	during grades 9 through 12 prior to the end of grade 9 and is
694	exclusively up to the student and parent, subject to the
695	requirements in subsection (2). Each district school board shall
696	establish policies for extending this deadline to the end of a
697	student's first semester of grade 10 for a student who entered a
698	Florida public school after grade 9 upon transfer from a private
699	school or another state or who was prevented from choosing a
700	graduation option due to illness during grade 9. If the student
701	and parent fail to select one of the accelerated high school
702	graduation options a graduation option, the student shall be
703	considered to have selected the general requirements for high
704	school graduation pursuant to paragraph (1)(a).
705	(7)  If, at the end of each grade 10, a student is not on
706	track to meet the credit, assessment, or grade-point-average
707	requirements of the accelerated graduation option selected, the
708	school shall notify the student and parent of the following:
709	(a)  The requirements that the student is not currently
710	meeting.
711	(b)  The specific performance necessary in grade 11 for the
712	student to meet the accelerated graduation requirements.
713	(c)  The right of the student to change to the 4-year
714	program set forth in s. 1003.428 or s. 1003.43, as applicable.
715	Section 18.  Subsections (2), (3), and (5) of section
716	1003.491, Florida Statutes, are amended to read:
717	1003.491  Florida Career and Professional Education Act.-
718	The Florida Career and Professional Education Act is created to
719	provide a statewide planning partnership between the business
720	and education communities in order to attract, expand, and
721	retain targeted, high-value industry and to sustain a strong,
722	knowledge-based economy.
723	(2)  Beginning with the 2007-2008 school year, Each
724	district school board shall develop, in collaboration with
725	regional local workforce boards, economic development agencies,
726	and postsecondary institutions approved to operate in the state,
727	a strategic 5-year plan to address and meet local and regional
728	workforce demands. If involvement of a regional the local
729	workforce board or an economic development agency in the
730	strategic plan development is not feasible, the local school
731	board, with the approval of the Agency for Workforce Innovation,
732	shall collaborate with the most appropriate regional local
733	business leadership board. Two or more school districts may
734	collaborate in the development of the strategic plan and offer a
735	career and professional academy as a joint venture. The
736	strategic plan Such plans must describe in detail provisions for
737	the efficient transportation of students, the maximum use of
738	shared resources, and access to courses aligned to state
739	curriculum standards through virtual education providers
740	legislatively authorized to provide part-time instruction to
741	middle school students, and an objective review of career and
742	professional academy courses to determine if the courses will
743	lead to the attainment of industry certifications included on
744	the Industry Certified Funding List pursuant to rules adopted by
745	the State Board of Education the Florida Virtual School when
746	appropriate. Each strategic plan shall be reviewed, updated, and
747	jointly approved every 5 years by the local school district,
748	regional workforce boards, economic development agencies, and
749	state-approved postsecondary institutions completed no later
750	than June 30, 2008, and shall include provisions to have in
751	place at least one operational career and professional academy,
752	pursuant to s. 1003.492, no later than the beginning of the
753	2008-2009 school year.
754	(3)  The strategic 5-year plan developed jointly by between
755	the local school district, regional local workforce boards,
756	economic development agencies, and state-approved postsecondary
757	institutions shall be constructed and based on:
758	(a)  Research conducted to objectively determine local and
759	regional workforce needs for the ensuing 5 years, using labor
760	projections of the United States Department of Labor and the
761	Agency for Workforce Innovation;
762	(b)  Strategies to develop and implement career academies
763	based on those careers determined to be in high demand;
764	(c)  Maximum use of private sector facilities and
765	personnel;
766	(d)  Strategies that ensure instruction by industry-
767	certified faculty and standards and strategies to maintain
768	current industry credentials and for recruiting and retaining
769	faculty to meet those standards;
770	(e)  Alignment of to requirements for middle school career
771	exploration, middle and high school career and professional
772	academies leading to industry certification, and high school
773	graduation requirements redesign;
774	(f)  Provisions to ensure that courses offered through
775	career and professional academies are academically rigorous,
776	meet or exceed appropriate state-adopted subject area standards,
777	result in attainment of industry certification, and, when
778	appropriate, result in postsecondary credit;
779	(g)  Strategies to improve the passage rate for industry
780	certification examinations if the rate falls below 50 percent;
781	(h)(g)  Establishment of student eligibility criteria in
782	career and professional academies which include opportunities
783	for students who have been unsuccessful in traditional
784	classrooms but who show aptitude to participate in academies.
785	School boards shall address the analysis of eighth grade student
786	achievement data to provide opportunities for students who may
787	be deemed as potential dropouts to participate in career and
788	professional academies;
789	(i)(h)  Strategies to provide sufficient space within
790	academies to meet workforce needs and to provide access to all
791	interested and qualified students;
792	(j)(i)  Strategies to implement engage Department of
793	Juvenile Justice students in career and professional academy
794	training that leads to industry certification at Department of
795	Juvenile Justice facilities;
796	(k)(j)  Opportunities for high school students to earn
797	weighted or dual enrollment credit for higher-level career and
798	technical courses;
799	(l)(k)  Promotion of the benefits of the Gold Seal Bright
800	Futures Scholarship;
801	(m)(l)  Strategies to ensure the review of district pupil-
802	progression plans and to amend such plans to include career and
803	professional courses and to include courses that may qualify as
804	substitute courses for core graduation requirements and those
805	that may be counted as elective courses; and
806	(n)(m)  Strategies to provide professional development for
807	secondary guidance counselors on the benefits of career and
808	professional academies.
809	(5)  The submission and review of newly proposed core
810	courses shall be conducted electronically, and each proposed
811	core course shall be approved or denied within 60 days. All
812	courses approved as core courses for purposes of middle school
813	promotion and high school graduation purposes shall be
814	immediately added to the Course Code Directory. Approved core
815	courses shall also be reviewed and considered for approval for
816	dual enrollment credit. The Board of Governors and the
817	Commissioner of Education shall jointly recommend an annual
818	deadline for approval of new core courses to be included for
819	purposes of postsecondary admissions and dual enrollment credit
820	the following academic year. The State Board of Education shall
821	establish an appeals process in the event that a proposed course
822	is denied which shall require a consensus ruling by the Agency
823	for Workforce Innovation and the Commissioner of Education
824	within 15 days. The curriculum review committee must be
825	established and operational no later than September 1, 2007.
826	Section 19.  Subsections (2), (4), (5), and (6) of section
827	1003.493, Florida Statutes, are amended to read:
828	1003.493  Career and professional academies.-
829	(2)  The goals of a career and professional academy are to:
830	(a)  Increase student academic achievement and graduation
831	rates through integrated academic and career curricula.
832	(b)  Prepare graduating high school students to make
833	appropriate choices relative to employment and future
834	educational experiences.
835	(c)  Focus on career preparation through rigorous academics
836	and industry certification.
837	(d)  Raise student aspiration and commitment to academic
838	achievement and work ethics through relevant coursework.
839	(e)  Support graduation requirements pursuant to s.
840	1003.428 by providing creative, applied major areas of interest.
841	(e)(f)  Promote acceleration mechanisms, such as dual
842	enrollment, articulated credit, or occupational completion
843	points, so that students may earn postsecondary credit while in
844	high school.
845	(f)(g)  Support the state's economy by meeting industry
846	needs for skilled employees in high-demand occupations.
847	(4)  Each career and professional academy must:
848	(a)  Provide a rigorous standards-based academic curriculum
849	integrated with a career curriculum. The curriculum must take
850	into consideration multiple styles of student learning; promote
851	learning by doing through application and adaptation; maximize
852	relevance of the subject matter; enhance each student's capacity
853	to excel; and include an emphasis on work habits and work
854	ethics.
855	(b)  Include one or more partnerships with postsecondary
856	institutions, businesses, industry, employers, economic
857	development organizations, or other appropriate partners from
858	the local community. Such partnerships shall be delineated in
859	articulation agreements to provide for career-based courses that
860	earn postsecondary credit. Such agreements may include
861	articulation between the academy and public or private 2-year
862	and 4-year postsecondary institutions and technical centers. The
863	Department of Education, in consultation with the Board of
864	Governors, shall establish a mechanism to ensure articulation
865	and transfer of credits to postsecondary institutions in this
866	state. Such partnerships must provide opportunities for:
867	1.  Instruction from highly skilled professionals who
868	possess industry-certification credentials for courses they are
869	teaching.
870	2.  Internships, externships, and on-the-job training.
871	3.  A postsecondary degree, diploma, or certificate.
872	4.  The highest available level of industry certification.
873	5.  Maximum articulation of credits pursuant to s. 1007.23
874	upon program completion.
875	(c)  Provide shared, maximum use of private sector
876	facilities and personnel.
877	(d)  Provide personalized student advisement, including a
878	parent-participation component, and coordination with middle
879	schools to promote and support career exploration and education
880	planning as required under s. 1003.4156. Coordination with
881	middle schools must provide information to middle school
882	students about secondary and postsecondary career education
883	programs and academies.
884	(e)  Promote and provide opportunities for career and
885	professional academy students to attain, at minimum, the Florida
886	Gold Seal Vocational Scholars award pursuant to s. 1009.536.
887	(f)  Provide instruction in careers designated as high
888	growth, high demand, and high pay by the regional local
889	workforce development board, the chamber of commerce, economic
890	development agencies, or the Agency for Workforce Innovation.
891	(g)  Deliver academic content through instruction relevant
892	to the career, including intensive reading and mathematics
893	intervention required by s. 1003.428, with an emphasis on
894	strengthening reading for information skills.
895	(h)  Offer applied courses that combine academic content
896	with technical skills.
897	(i)  Provide instruction resulting in competency,
898	certification, or credentials in workplace skills, including,
899	but not limited to, communication skills, interpersonal skills,
900	decisionmaking skills, the importance of attendance and
901	timeliness in the work environment, and work ethics.
902	(j)  Provide opportunities for students to obtain the
903	Florida Ready to Work Certification pursuant to s. 1004.99.
904	(k)  Include an evaluation plan developed jointly with the
905	Department of Education and the local workforce board. The
906	evaluation plan must include an assessment tool based on
907	national industry standards, such as the Career Academy National
908	Standards of Practice, and outcome measures, including, but not
909	limited to, achievement of national industry certifications
910	identified in the Industry Certification Funding List, pursuant
911	to rules adopted by the State Board of Education, graduation
912	rates, enrollment in postsecondary education, business and
913	industry satisfaction, employment and earnings, awards of
914	postsecondary credit and scholarships, and student achievement
915	levels and learning gains on statewide assessments administered
916	under s. 1008.22(3)(c). The Department of Education shall use
917	Workforce Florida, Inc., and Enterprise Florida, Inc., in
918	identifying industry experts to participate in developing and
919	implementing such assessments.
920	(k)(l)  Include a plan to sustain career and professional
921	academies.
922	(l)(m)  Redirect appropriated career funding to career and
923	professional academies.
924	(5)  All career courses offered in a career and
925	professional academy must lead to industry certification or
926	college credit linked directly to the career theme of the
927	course. If the passage rate on an industry certification
928	examination that is associated with the career and professional
929	academy falls below 50 percent, the academy must discontinue
930	enrollment of new students the following school year and each
931	year thereafter until such time as the passage rate is above 50
932	percent or the academy is discontinued. At least 50 percent of
933	students enrolled in a career course must achieve industry
934	certifications or college credits during the second year the
935	course is offered in order for the course to be offered a third
936	year. At least 66 percent of students enrolled in such a course
937	must achieve industry certifications or college credits during
938	the third year the course is offered in order for it to be
939	offered a fourth year and thereafter.
940	(6)  Workforce Florida, Inc., through the secondary career
941	academies initiatives, The Okaloosa County School District
942	CHOICE Institutes shall serve in an advisory role and shall
943	offer technical assistance in the development and deployment of
944	newly established career and professional academies for a 3-year
945	period beginning July 1, 2007.
946	Section 20.  Section 1003.4935, Florida Statutes, is
947	created to read:
948	1003.4935  Middle school career and professional academy
949	courses.-
950	(1)  Beginning with the 2011-2012 school year, each
951	district school board, in collaboration with regional workforce
952	boards, economic development agencies, and state-approved
953	postsecondary institutions, shall include plans to implement a
954	career and professional academy in at least one middle school in
955	the district as part of the strategic 5-year plan pursuant to s.
956	1003.491(2). The middle school career and professional academy
957	component of the strategic plan must ensure the transition of
958	middle school career and professional academy students to a high
959	school career and professional academy currently operating
960	within the school district. Students who complete a middle
961	school career and professional academy must have the opportunity
962	to earn an industry certificate and high school credit and
963	participate in career planning, job shadowing, and business
964	leadership development activities.
965	(2)  Each middle school career and professional academy
966	must be aligned with at least one high school career and
967	professional academy offered in the district and maintain
968	partnerships with local business and industry and economic
969	development boards. Middle school career and professional
970	academies must:
971	(a)  Provide instruction in courses leading to careers in
972	occupations designated as high growth, high demand, and high pay
973	in the Industry Certification Funding List approved under rules
974	adopted by the State Board of Education;
975	(b)  Offer career and professional academy courses that
976	integrate content from core subject areas;
977	(c)  Offer courses that integrate career and professional
978	academy content with intensive reading and mathematics pursuant
979	to s. 1003.428;
980	(d)  Coordinate with high schools to maximize opportunities
981	for middle school career and professional academy students to
982	earn high school credit;
983	(e)  Provide access to virtual instruction courses provided
984	by virtual education providers legislatively authorized to
985	provide part-time instruction to middle school students which
986	are aligned to state curriculum standards for middle school
987	career and professional academy students, with priority given to
988	students who have required course deficits;
989	(f)  Provide instruction from highly skilled professionals
990	who hold industry certificates in the career area in which they
991	teach;
992	(g)  Offer externships; and
993	(h)  Provide personalized student advisement that includes
994	a parent-participation component.
995	(3)  Beginning with the 2012-2013 school year, if a school
996	district implements a middle school career and professional
997	academy, the Department of Education shall collect and report
998	student achievement data pursuant to performance factors
999	identified under s. 1003.492(3) for academy students.
1000	Section 21.  Section 1003.573, Florida Statutes, is amended
1001	to read:
1002	1003.573  Use of seclusion and restraint or seclusion on
1003	students with disabilities.-
1004	(1)  DOCUMENTATION AND REPORTING.-
1005	(a)  A school shall prepare an incident report within 24
1006	hours after a student with disabilities is released from
1007	restraint or seclusion. If the student's release occurs on a day
1008	before the school closes for the weekend, a holiday, or another
1009	reason, the incident report must be completed by the end of the
1010	school day on the day the school reopens. For purposes of this
1011	section, the term "student with disabilities" has the same
1012	meaning as provided in s. 1003.01(3)(a).
1013	(b)  The following must be included in the incident report:
1014	1.  The name of the student restrained or secluded.
1015	2.  The date and time of the event and the duration of the
1016	restraint or seclusion.
1017	3.  The location at which the restraint or seclusion
1018	occurred.
1019	4.  The type of restraint or seclusion that occurred. The
1020	terms used to describe each occurrence must be in conformity
1021	with the terms identified and described in state board rule.
1022	5.  The name of the person using or assisting in the
1023	restraint or seclusion of the student.
1024	6.  The name of any nonstudent who was present to witness
1025	the restraint or seclusion.
1026	7.  A description of the incident, including:
1027	a.  The context in which the restraint or seclusion
1028	occurred.
1029	b.  The student's behavior leading up to and precipitating
1030	the decision to use manual physical restraint or seclusion,
1031	including an indication as to why there was an imminent risk of
1032	serious injury or death to the student or others.
1033	c.  The specific positive behavioral strategies used to
1034	prevent and deescalate the behavior.
1035	d.  What occurred with the student immediately after the
1036	termination of the restraint or seclusion.
1037	e.  Any injuries, visible marks, or possible medical
1038	emergencies that may have occurred during the restraint or
1039	seclusion, documented according to district policies.
1040	f.  Evidence of steps taken to notify the student's parent
1041	or guardian.
1042	8.  Other variables identified in state board rule.
1043	(c)  A school shall notify the parent or guardian of a
1044	student each time manual physical restraint or seclusion is
1045	used. Such notification must be in writing and provided before
1046	the end of the school day on which the restraint or seclusion
1047	occurs. Reasonable efforts must also be taken to notify the
1048	parent or guardian by telephone or computer e-mail, or both, and
1049	these efforts must be documented. The school shall obtain, and
1050	keep in its records, the parent's or guardian's signed
1051	acknowledgment that he or she was notified of his or her child's
1052	restraint or seclusion.
1053	(d)  A school shall also provide the parent or guardian
1054	with the completed incident report in writing by mail within 3
1055	school days after a student was manually physically restrained
1056	or secluded. The school shall obtain, and keep in its records,
1057	the parent's or guardian's signed acknowledgment that he or she
1058	received a copy of the incident report.
1059	(2)  MONITORING.-
1060	(a)  Monitoring of the use of manual physical restraint or
1061	seclusion on students shall occur at the classroom, building,
1062	district, and state levels.
1063	(b)  Each month that a school is in session, incident
1064	reports required under Beginning July 1, 2010, documentation
1065	prepared as required in subsection (1) shall be provided to the
1066	school principal and, the district director of Exceptional
1067	Student Education, and shall be provided electronically to the
1068	bureau chief of the Bureau of Exceptional Education and Student
1069	Services within the department electronically each month that
1070	the school is in session.
1071	(c)  The department shall maintain aggregate data of
1072	incidents of manual physical restraint and seclusion and
1073	disaggregate the data for analysis by county, school, disability
1074	of the student exceptionality, and other variables. This
1075	information shall be updated monthly.
1076	(3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
1077	(a)  Each school district shall develop policies and
1078	procedures that are consistent with this section and that
1079	include, but are not limited to govern the following:
1080	(a)1.  Reporting incidents of restraint or seclusion as
1081	required under subsection (1) Incident-reporting procedures.
1082	(b)2.  Collecting, monitoring, and reporting data regarding
1083	restraint and seclusion, including when, where, and why students
1084	are restrained or secluded; the frequency of occurrences of such
1085	restraint or seclusion; and the number of times each type of
1086	restraint is used Data collection.
1087	(c)  Setting goals for the reduction of restraint and
1088	seclusion, particularly in settings in which restraint or
1089	seclusion occurs frequently or at times when particular students
1090	are restrained or secluded repeatedly, and identifying the
1091	resources, skills, and activities needed to achieve such goals.
1092	Activities may include, but are not limited to:
1093	1.  Additional training in positive behavioral support and
1094	crisis management.
1095	2.  Parental involvement.
1096	3.  Data review.
1097	4.  Updates to a student's functional behavioral analysis
1098	and positive behavior intervention plans.
1099	5.  Additional student evaluations.
1100	6.  Debriefing with staff.
1101	7.  Use of schoolwide positive behavior support.
1102	8.  Changes to the school environment.
1103	3.  Monitoring and reporting of data collected.
1104	(b)  Any revisions to such policies and procedures, which
1105	must be prepared as part of the school district's special
1106	policies and procedures, must be filed with the bureau chief of
1107	the Bureau of Exceptional Education and Student Services no
1108	later than January 31, 2011.
1109	(4)  PROHIBITED RESTRAINT.-School personnel may not use a
1110	mechanical restraint or a manual physical restraint that
1111	restricts a student's breathing.
1112	(5)  SECLUSION.-School personnel may not close, lock, or
1113	physically block a student in a room that is unlit and does not
1114	meet the rules of the State Fire Marshal for seclusion time-out
1115	rooms.
1116	(6)  RULES.-The State Board of Education shall adopt rules
1117	to implement this section. The rules shall define the terms
1118	seclusion and restraint, which shall include physical and
1119	mechanical restraint, and identify the appropriate terms to be
1120	used in the incident report when describing the type of
1121	seclusion or restraint that occurred. The rules shall identify
1122	additional variables that must be documented in each incident
1123	report as well as the standards for documentation and the
1124	process for submitting each incident report. These rules shall
1125	be provided to school districts on or before March 1, 2012.
1126	Section 22.  The amendments to s. 1003.573(1), Florida
1127	Statutes, made by this act apply to incident reports submitted
1128	on or after July 1, 2012.
1129	Section 23.  Paragraph (e) of subsection (1) of section
1130	1012.582, Florida Statutes, is amended to read:
1131	1012.582  Continuing education and inservice training for
1132	teaching students with developmental disabilities.-
1133	(1)  The Commissioner of Education shall develop
1134	recommendations to incorporate instruction regarding autism
1135	spectrum disorder, Down syndrome, and other developmental
1136	disabilities into continuing education or inservice training
1137	requirements for instructional personnel. These recommendations
1138	shall address:
1139	(e)  Appropriate use of manual physical restraint and
1140	seclusion techniques.
1141	Section 24.  Section 1003.575, Florida Statutes, is amended
1142	to read:
1143	1003.575  Assistive technology devices; findings;
1144	interagency agreements.-Accessibility, utilization, and
1145	coordination of appropriate assistive technology devices and
1146	services are essential as a young person with disabilities moves
1147	from early intervention to preschool, from preschool to school,
1148	from one school to another, and from school to employment or
1149	independent living. If an individual education plan team makes a
1150	recommendation in accordance with State Board of Education rule
1151	for a student with a disability, as defined in s. 1003.01(3), to
1152	receive an assistive technology assessment, that assessment must
1153	be completed within 60 school days after the team's
1154	recommendation. To ensure that an assistive technology device
1155	issued to a young person as part of his or her individualized
1156	family support plan, individual support plan, or an individual
1157	education plan remains with the individual through such
1158	transitions, the following agencies shall enter into interagency
1159	agreements, as appropriate, to ensure the transaction of
1160	assistive technology devices:
1161	(1)  The Florida Infants and Toddlers Early Intervention
1162	Program in the Division of Children's Medical Services of the
1163	Department of Health.
1164	(2)  The Division of Blind Services, the Bureau of
1165	Exceptional Education and Student Services, and the Division of
1166	Vocational Rehabilitation of the Department of Education.
1167	(3)  The Voluntary Prekindergarten Education Program
1168	administered by the Department of Education and the Agency for
1169	Workforce Innovation.
1170
1171	Interagency agreements entered into pursuant to this section
1172	shall provide a framework for ensuring that young persons with
1173	disabilities and their families, educators, and employers are
1174	informed about the utilization and coordination of assistive
1175	technology devices and services that may assist in meeting
1176	transition needs, and shall establish a mechanism by which a
1177	young person or his or her parent may request that an assistive
1178	technology device remain with the young person as he or she
1179	moves through the continuum from home to school to postschool.
1180	Section 25.  Effective upon this act becoming a law,
1181	subsection (2) and paragraph (c) of subsection (3) of section
1182	1008.22, Florida Statutes, are amended to read:
1183	1008.22  Student assessment program for public schools.-
1184	(2)  NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.-It
1185	is Florida's intent to participate in the measurement of
1186	national educational goals. The Commissioner of Education shall
1187	direct Florida school districts to participate in the
1188	administration of the National Assessment of Educational
1189	Progress, or a similar national or international assessment
1190	program, both for the national sample and for any state-by-state
1191	comparison programs which may be initiated. The assessments must
1192	be conducted using the data collection procedures, the student
1193	surveys, the educator surveys, and other instruments included in
1194	the National Assessment of Educational Progress or similar
1195	national or international assessment program being administered
1196	in Florida. The results of these assessments shall be included
1197	in the annual report of the Commissioner of Education specified
1198	in this section, as applicable. The administration of the
1199	National Assessment of Educational Progress or similar national
1200	or international assessment program shall be in addition to and
1201	separate from the administration of the statewide assessment
1202	program.
1203	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
1204	design and implement a statewide program of educational
1205	assessment that provides information for the improvement of the
1206	operation and management of the public schools, including
1207	schools operating for the purpose of providing educational
1208	services to youth in Department of Juvenile Justice programs.
1209	The commissioner may enter into contracts for the continued
1210	administration of the assessment, testing, and evaluation
1211	programs authorized and funded by the Legislature. Contracts may
1212	be initiated in 1 fiscal year and continue into the next and may
1213	be paid from the appropriations of either or both fiscal years.
1214	The commissioner is authorized to negotiate for the sale or
1215	lease of tests, scoring protocols, test scoring services, and
1216	related materials developed pursuant to law. Pursuant to the
1217	statewide assessment program, the commissioner shall:
1218	(c)  Develop and implement a student achievement testing
1219	program as follows:
1220	1.  The Florida Comprehensive Assessment Test (FCAT)
1221	measures a student's content knowledge and skills in reading,
1222	writing, science, and mathematics. The content knowledge and
1223	skills assessed by the FCAT must be aligned to the core
1224	curricular content established in the Next Generation Sunshine
1225	State Standards. Other content areas may be included as directed
1226	by the commissioner. Comprehensive assessments of reading and
1227	mathematics shall be administered annually in grades 3 through
1228	10 except, beginning with the 2010-2011 school year, the
1229	administration of grade 9 FCAT Mathematics shall be
1230	discontinued, and beginning with the 2011-2012 school year, the
1231	administration of grade 10 FCAT Mathematics shall be
1232	discontinued, except as required for students who have not
1233	attained minimum performance expectations for graduation as
1234	provided in paragraph (9)(c). FCAT Writing and FCAT Science
1235	shall be administered at least once at the elementary, middle,
1236	and high school levels except, beginning with the 2011-2012
1237	school year, the administration of FCAT Science at the high
1238	school level shall be discontinued.
1239	2.a.  End-of-course assessments for a subject shall be
1240	administered in addition to the comprehensive assessments
1241	required under subparagraph 1. End-of-course assessments must be
1242	rigorous, statewide, standardized, and developed or approved by
1243	the department. The content knowledge and skills assessed by
1244	end-of-course assessments must be aligned to the core curricular
1245	content established in the Next Generation Sunshine State
1246	Standards.
1247	(I)  Statewide, standardized end-of-course assessments in
1248	mathematics shall be administered according to this sub-sub-
1249	subparagraph. Beginning with the 2010-2011 school year, all
1250	students enrolled in Algebra I or an equivalent course must take
1251	the Algebra I end-of-course assessment. Students who earned high
1252	school credit in Algebra I while in grades 6 through 8 during
1253	the 2007-2008 through 2009-2010 school years and who have not
1254	taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
1255	course assessment during the 2010-2011 school year. For students
1256	entering grade 9 during the 2010-2011 school year and who are
1257	enrolled in Algebra I or an equivalent, each student's
1258	performance on the end-of-course assessment in Algebra I shall
1259	constitute 30 percent of the student's final course grade.
1260	Beginning with students entering grade 9 in the 2011-2012 school
1261	year, a student who is enrolled in Algebra I or an equivalent
1262	must earn a passing score on the end-of-course assessment in
1263	Algebra I or attain an equivalent score as described in
1264	subsection (11) in order to earn course credit. Beginning with
1265	the 2011-2012 school year, all students enrolled in geometry or
1266	an equivalent course must take the geometry end-of-course
1267	assessment. For students entering grade 9 during the 2011-2012
1268	school year, each student's performance on the end-of-course
1269	assessment in geometry shall constitute 30 percent of the
1270	student's final course grade. Beginning with students entering
1271	grade 9 during the 2012-2013 school year, a student must earn a
1272	passing score on the end-of-course assessment in geometry or
1273	attain an equivalent score as described in subsection (11) in
1274	order to earn course credit.
1275	(II)  Statewide, standardized end-of-course assessments in
1276	science shall be administered according to this sub-sub-
1277	subparagraph. Beginning with the 2011-2012 school year, all
1278	students enrolled in Biology I or an equivalent course must take
1279	the Biology I end-of-course assessment. For the 2011-2012 school
1280	year, each student's performance on the end-of-course assessment
1281	in Biology I shall constitute 30 percent of the student's final
1282	course grade. Beginning with students entering grade 9 during
1283	the 2012-2013 school year, a student must earn a passing score
1284	on the end-of-course assessment in Biology I in order to earn
1285	course credit.
1286	b.  During the 2012-2013 school year, an end-of-course
1287	assessment in civics education shall be administered as a field
1288	test at the middle school level. During the 2013-2014 school
1289	year, each student's performance on the statewide, standardized
1290	end-of-course assessment in civics education shall constitute 30
1291	percent of the student's final course grade. Beginning with the
1292	2014-2015 school year, a student must earn a passing score on
1293	the end-of-course assessment in civics education in order to
1294	pass the course and be promoted from the middle grades receive
1295	course credit. The school principal of a middle school shall
1296	determine, in accordance with State Board of Education rule,
1297	whether a student who transfers to the middle school and who has
1298	successfully completed a civics education course at the
1299	student's previous school must take an end-of-course assessment
1300	in civics education.
1301	c.  The commissioner may select one or more nationally
1302	developed comprehensive examinations, which may include, but
1303	need not be limited to, examinations for a College Board
1304	Advanced Placement course, International Baccalaureate course,
1305	or Advanced International Certificate of Education course, or
1306	industry-approved examinations to earn national industry
1307	certifications identified in the Industry Certification Funding
1308	List, pursuant to rules adopted by the State Board of Education,
1309	for use as end-of-course assessments under this paragraph, if
1310	the commissioner determines that the content knowledge and
1311	skills assessed by the examinations meet or exceed the grade
1312	level expectations for the core curricular content established
1313	for the course in the Next Generation Sunshine State Standards.
1314	The commissioner may collaborate with the American Diploma
1315	Project in the adoption or development of rigorous end-of-course
1316	assessments that are aligned to the Next Generation Sunshine
1317	State Standards.
1318	d.  Contingent upon funding provided in the General
1319	Appropriations Act, including the appropriation of funds
1320	received through federal grants, the Commissioner of Education
1321	shall establish an implementation schedule for the development
1322	and administration of additional statewide, standardized end-of-
1323	course assessments in English/Language Arts II, Algebra II,
1324	chemistry, physics, earth/space science, United States history,
1325	and world history. Priority shall be given to the development of
1326	end-of-course assessments in English/Language Arts II. The
1327	Commissioner of Education shall evaluate the feasibility and
1328	effect of transitioning from the grade 9 and grade 10 FCAT
1329	Reading and high school level FCAT Writing to an end-of-course
1330	assessment in English/Language Arts II. The commissioner shall
1331	report the results of the evaluation to the President of the
1332	Senate and the Speaker of the House of Representatives no later
1333	than July 1, 2011.
1334	3.  The testing program shall measure student content
1335	knowledge and skills adopted by the State Board of Education as
1336	specified in paragraph (a) and measure and report student
1337	performance levels of all students assessed in reading, writing,
1338	mathematics, and science. The commissioner shall provide for the
1339	tests to be developed or obtained, as appropriate, through
1340	contracts and project agreements with private vendors, public
1341	vendors, public agencies, postsecondary educational
1342	institutions, or school districts. The commissioner shall obtain
1343	input with respect to the design and implementation of the
1344	testing program from state educators, assistive technology
1345	experts, and the public.
1346	4.  The testing program shall be composed of criterion-
1347	referenced tests that shall, to the extent determined by the
1348	commissioner, include test items that require the student to
1349	produce information or perform tasks in such a way that the core
1350	content knowledge and skills he or she uses can be measured.
1351	5.  FCAT Reading, Mathematics, and Science and all
1352	statewide, standardized end-of-course assessments shall measure
1353	the content knowledge and skills a student has attained on the
1354	assessment by the use of scaled scores and achievement levels.
1355	Achievement levels shall range from 1 through 5, with level 1
1356	being the lowest achievement level, level 5 being the highest
1357	achievement level, and level 3 indicating satisfactory
1358	performance on an assessment. For purposes of FCAT Writing,
1359	student achievement shall be scored using a scale of 1 through 6
1360	and the score earned shall be used in calculating school grades.
1361	A score shall be designated for each subject area tested, below
1362	which score a student's performance is deemed inadequate. The
1363	school districts shall provide appropriate remedial instruction
1364	to students who score below these levels.
1365	6.  The State Board of Education shall, by rule, designate
1366	a passing score for each part of the grade 10 assessment test
1367	and end-of-course assessments. Any rule that has the effect of
1368	raising the required passing scores may apply only to students
1369	taking the assessment for the first time after the rule is
1370	adopted by the State Board of Education. Except as otherwise
1371	provided in this subparagraph and as provided in s.
1372	1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
1373	passing score on grade 10 FCAT Reading and grade 10 FCAT
1374	Mathematics or attain concordant scores as described in
1375	subsection (10) in order to qualify for a standard high school
1376	diploma.
1377	7.  In addition to designating a passing score under
1378	subparagraph 6., the State Board of Education shall also
1379	designate, by rule, a score for each statewide, standardized
1380	end-of-course assessment which indicates that a student is high
1381	achieving and has the potential to meet college-readiness
1382	standards by the time the student graduates from high school.
1383	8.  Participation in the testing program is mandatory for
1384	all students attending public school, including students served
1385	in Department of Juvenile Justice programs, except as otherwise
1386	prescribed by the commissioner. A student who has not earned
1387	passing scores on the grade 10 FCAT as provided in subparagraph
1388	6. must participate in each retake of the assessment until the
1389	student earns passing scores or achieves scores on a
1390	standardized assessment which are concordant with passing scores
1391	pursuant to subsection (10). If a student does not participate
1392	in the statewide assessment, the district must notify the
1393	student's parent and provide the parent with information
1394	regarding the implications of such nonparticipation. A parent
1395	must provide signed consent for a student to receive classroom
1396	instructional accommodations that would not be available or
1397	permitted on the statewide assessments and must acknowledge in
1398	writing that he or she understands the implications of such
1399	instructional accommodations. The State Board of Education shall
1400	adopt rules, based upon recommendations of the commissioner, for
1401	the provision of test accommodations for students in exceptional
1402	education programs and for students who have limited English
1403	proficiency. Accommodations that negate the validity of a
1404	statewide assessment are not allowable in the administration of
1405	the FCAT or an end-of-course assessment. However, instructional
1406	accommodations are allowable in the classroom if included in a
1407	student's individual education plan. Students using
1408	instructional accommodations in the classroom that are not
1409	allowable as accommodations on the FCAT or an end-of-course
1410	assessment may have the FCAT or an end-of-course assessment
1411	requirement waived pursuant to the requirements of s.
1412	1003.428(8)(b) or s. 1003.43(11)(b).
1413	9.  A student seeking an adult high school diploma must
1414	meet the same testing requirements that a regular high school
1415	student must meet.
1416	10.  District school boards must provide instruction to
1417	prepare students in the core curricular content established in
1418	the Next Generation Sunshine State Standards adopted under s.
1419	1003.41, including the core content knowledge and skills
1420	necessary for successful grade-to-grade progression and high
1421	school graduation. If a student is provided with instructional
1422	accommodations in the classroom that are not allowable as
1423	accommodations in the statewide assessment program, as described
1424	in the test manuals, the district must inform the parent in
1425	writing and must provide the parent with information regarding
1426	the impact on the student's ability to meet expected performance
1427	levels in reading, writing, mathematics, and science. The
1428	commissioner shall conduct studies as necessary to verify that
1429	the required core curricular content is part of the district
1430	instructional programs.
1431	11.  District school boards must provide opportunities for
1432	students to demonstrate an acceptable performance level on an
1433	alternative standardized assessment approved by the State Board
1434	of Education following enrollment in summer academies.
1435	12.  The Department of Education must develop, or select,
1436	and implement a common battery of assessment tools that will be
1437	used in all juvenile justice programs in the state. These tools
1438	must accurately measure the core curricular content established
1439	in the Next Generation Sunshine State Standards.
1440	13.  For students seeking a special diploma pursuant to s.
1441	1003.438, the Department of Education must develop or select and
1442	implement an alternate assessment tool that accurately measures
1443	the core curricular content established in the Next Generation
1444	Sunshine State Standards for students with disabilities under s.
1445	1003.438.
1446	14.  The Commissioner of Education shall establish
1447	schedules for the administration of statewide assessments and
1448	the reporting of student test results. When establishing the
1449	schedules for the administration of statewide assessments, the
1450	commissioner shall consider the observance of religious and
1451	school holidays. The commissioner shall, by August 1 of each
1452	year, notify each school district in writing and publish on the
1453	department's Internet website the testing and reporting
1454	schedules for, at a minimum, the school year following the
1455	upcoming school year. The testing and reporting schedules shall
1456	require that:
1457	a.  There is the latest possible administration of
1458	statewide assessments and the earliest possible reporting to the
1459	school districts of student test results which is feasible
1460	within available technology and specific appropriations;
1461	however, test results for the FCAT must be made available no
1462	later than the week of June 8. Student results for end-of-course
1463	assessments must be provided no later than 1 week after the
1464	school district completes testing for each course. The
1465	commissioner may extend the reporting schedule under exigent
1466	circumstances.
1467	b.  Beginning with the 2010-2011 school year, FCAT Writing
1468	may is not be administered earlier than the week of March 1 and
1469	a comprehensive statewide assessment of any other subject may is
1470	not be administered earlier than the week of April 15.
1471	c.  A statewide, standardized end-of-course assessment is
1472	administered during a 3-week period at the end of the course.
1473	The commissioner shall select an a 3-week administration period
1474	for assessments that meets the intent of end-of-course
1475	assessments and provides student results prior to the end of the
1476	course. School districts shall administer tests in accordance
1477	with the schedule determined by the commissioner select 1
1478	testing week within the 3-week administration period for each
1479	end-of-course assessment. For an end-of-course assessment
1480	administered at the end of the first semester, the commissioner
1481	shall determine the most appropriate testing dates based on a
1482	review of each school district's academic calendar.
1483
1484	The commissioner may, based on collaboration and input from
1485	school districts, design and implement student testing programs,
1486	for any grade level and subject area, necessary to effectively
1487	monitor educational achievement in the state, including the
1488	measurement of educational achievement of the Next Generation
1489	Sunshine State Standards for students with disabilities.
1490	Development and refinement of assessments shall include
1491	universal design principles and accessibility standards that
1492	will prevent any unintended obstacles for students with
1493	disabilities while ensuring the validity and reliability of the
1494	test. These principles should be applicable to all technology
1495	platforms and assistive devices available for the assessments.
1496	The field testing process and psychometric analyses for the
1497	statewide assessment program must include an appropriate
1498	percentage of students with disabilities and an evaluation or
1499	determination of the effect of test items on such students.
1500	Section 26.  Subsection (3) of section 1008.30, Florida
1501	Statutes, is amended to read:
1502	1008.30  Common placement testing for public postsecondary
1503	education.-
1504	(3)  The State Board of Education shall adopt rules that
1505	require high schools to evaluate before the beginning of grade
1506	12 the college readiness of each student who indicates an
1507	interest in postsecondary education and scores at Level 2 or
1508	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1509	Level 3, or Level 4 on the mathematics assessments under s.
1510	1008.22(3)(c). High schools shall perform this evaluation using
1511	results from the corresponding component of the common placement
1512	test prescribed in this section, or an equivalent test
1513	identified by the State Board of Education. The State Board
1514	Department of Education shall identify in rule purchase or
1515	develop the assessments necessary to perform the evaluations
1516	required by this subsection and shall work with the school
1517	districts to administer the assessments. The State Board of
1518	Education shall establish by rule the minimum test scores a
1519	student must achieve to demonstrate readiness. Students who
1520	demonstrate readiness by achieving the minimum test scores
1521	established by the state board and enroll in a community college
1522	within 2 years of achieving such scores shall not be required to
1523	retest or enroll in remediation when admitted courses as a
1524	condition of acceptance to any community college. The high
1525	school shall use the results of the test to advise the students
1526	of any identified deficiencies and to the maximum extent
1527	practicable provide 12th grade students, and require them to
1528	complete, access to appropriate postsecondary preparatory
1529	remedial instruction prior to high school graduation. The
1530	curriculum remedial instruction provided under this subsection
1531	shall be identified in rule by the State Board of Education and
1532	encompass Florida's Postsecondary Readiness Competencies. Other
1533	elective courses may not be substituted for the selected
1534	postsecondary mathematics, reading, or writing preparatory
1535	courses unless the elective course covers the same competencies
1536	included in the required postsecondary preparatory course a
1537	collaborative effort between secondary and postsecondary
1538	educational institutions. To the extent courses are available,
1539	the Florida Virtual School may be used to provide the remedial
1540	instruction required by this subsection.
1541	Section 27.  Paragraph (b) of subsection (3) and subsection
1542	(4) of section 1008.33, Florida Statutes, are amended to read:
1543	1008.33  Authority to enforce public school improvement.-
1544	(3)
1545	(b)  For the purpose of determining whether a public school
1546	requires action to achieve a sufficient level of school
1547	improvement, beginning with the 2010-2011 school year, the
1548	Department of Education shall annually categorize a public
1549	school in one of six categories based on the following:
1550	1.  A school's grade based upon statewide assessments
1551	administered pursuant to s. 1008.22; and
1552	2.  school's grade, pursuant to s. 1008.34, and The level
1553	and rate of change in student performance in the areas of
1554	reading and mathematics, disaggregated into student subgroups as
1555	described in the federal Elementary and Secondary Education Act,
1556	20 U.S.C. s. 6311(b)(2)(C)(v)(II).
1557	(4)  The Department of Education shall create a matrix that
1558	reflects intervention and support strategies to address the
1559	particular needs of schools in each category.
1560	(a)  Intervention and support strategies shall be applied
1561	to schools based upon the school categorization pursuant to
1562	paragraph (3)(b). The Department of Education shall apply the
1563	most intense intervention strategies to the lowest-performing
1564	schools. For all but the lowest category and "F" schools in the
1565	second lowest category, the intervention and support strategies
1566	shall be administered solely by the districts and the schools.
1567	(b)  The lowest-performing schools are schools that are
1568	categorized pursuant to paragraph (3)(b) and have received:
1569	1.  A grade of "F" in the most recent school year and in 4
1570	of the last 6 years; or
1571	2.  A grade of "D" or "F" in the most recent school year
1572	and meet at least three of the following criteria:
1573	a.  The percentage of students who are not proficient in
1574	reading has increased when compared to measurements taken 5
1575	years previously;
1576	b.  The percentage of students who are not proficient in
1577	mathematics has increased when compared to measurements taken 5
1578	years previously;
1579	c.  At least 65 percent of the school's students are not
1580	proficient in reading; or
1581	d.  At least 65 percent of the school's students are not
1582	proficient in mathematics.
1583	Section 28.  Paragraphs (b) and (c) of subsection (3) of
1584	section 1008.34, Florida Statutes, are amended to read:
1585	1008.34  School grading system; school report cards;
1586	district grade.-
1587	(3)  DESIGNATION OF SCHOOL GRADES.-
1588	(b)1.  A school's grade shall be based on a combination of:
1589	a.  Student achievement scores, including achievement on
1590	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1591	of-course assessments administered under s. 1008.22(3)(c)2.a.,
1592	and achievement scores for students seeking a special diploma.
1593	b.  Student learning gains in reading and mathematics as
1594	measured by FCAT and end-of-course assessments, as described in
1595	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1596	a special diploma, as measured by an alternate assessment tool,
1597	shall be included not later than the 2009-2010 school year.
1598	c.  Improvement of the lowest 25th percentile of students
1599	in the school in reading and mathematics on the FCAT or end-of-
1600	course assessments described in s. 1008.22(3)(c)2.a., unless
1601	these students are exhibiting satisfactory performance.
1602	2.  Beginning with the 2011-2012 school year, for schools
1603	comprised of middle school grades 6 through 8 or grades 7 and 8,
1604	the school's grade shall include the performance and
1605	participation of its students enrolled in high school level
1606	courses with end-of-course assessments administered under s.
1607	1008.22(3)(c)2.a. Performance and participation must be weighted
1608	equally. As valid data becomes available, the school grades
1609	shall include the students' attainment of national industry
1610	certification identified in the Industry Certification Funding
1611	List pursuant to rules adopted by the State Board of Education.
1612	3.2.  Beginning with the 2009-2010 school year for schools
1613	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1614	11, and 12, 50 percent of the school grade shall be based on a
1615	combination of the factors listed in sub-subparagraphs 1.a.-c.
1616	and the remaining 50 percent on the following factors:
1617	a.  The high school graduation rate of the school;
1618	b.  As valid data becomes available, the performance and
1619	participation of the school's students in College Board Advanced
1620	Placement courses, International Baccalaureate courses, dual
1621	enrollment courses, and Advanced International Certificate of
1622	Education courses; and the students' achievement of national
1623	industry certification identified in the Industry Certification
1624	Funding List, pursuant to rules adopted by the State Board of
1625	Education;
1626	c.  Postsecondary readiness of the school's students as
1627	measured by the SAT, ACT, or the common placement test;
1628	d.  The high school graduation rate of at-risk students who
1629	scored at Level 2 or lower on the grade 8 FCAT Reading and
1630	Mathematics examinations;
1631	e.  As valid data becomes available, the performance of the
1632	school's students on statewide standardized end-of-course
1633	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1634	f.  The growth or decline in the components listed in sub-
1635	subparagraphs a.-e. from year to year.
1636	(c)  Student assessment data used in determining school
1637	grades shall include:
1638	1.  The aggregate scores of all eligible students enrolled
1639	in the school who have been assessed on the FCAT and statewide,
1640	standardized end-of-course assessments in courses required for
1641	high school graduation, including, beginning with the 2010-2011
1642	school year, the end-of-course assessment in Algebra I; and
1643	beginning with the 2011-2012 school year, the end-of-course
1644	assessments in geometry and Biology; and beginning with the
1645	2013-2014 school year, on the statewide, standardized end-of-
1646	course assessment in civics education at the middle school
1647	level.
1648	2.  The aggregate scores of all eligible students enrolled
1649	in the school who have been assessed on the FCAT and end-of-
1650	course assessments as described in s. 1008.22(3)(c)2.a., and who
1651	have scored at or in the lowest 25th percentile of students in
1652	the school in reading and mathematics, unless these students are
1653	exhibiting satisfactory performance.
1654	3.  The achievement scores and learning gains of eligible
1655	students attending alternative schools that provide dropout
1656	prevention and academic intervention services pursuant to s.
1657	1003.53. The term "eligible students" in this subparagraph does
1658	not include students attending an alternative school who are
1659	subject to district school board policies for expulsion for
1660	repeated or serious offenses, who are in dropout retrieval
1661	programs serving students who have officially been designated as
1662	dropouts, or who are in programs operated or contracted by the
1663	Department of Juvenile Justice. The student performance data for
1664	eligible students identified in this subparagraph shall be
1665	included in the calculation of the home school's grade. As used
1666	in this subparagraph section and s. 1008.341, the term "home
1667	school" means the school to which the student would be assigned
1668	if the student were not assigned to an alternative school. If an
1669	alternative school chooses to be graded under this section,
1670	student performance data for eligible students identified in
1671	this subparagraph shall not be included in the home school's
1672	grade but shall be included only in the calculation of the
1673	alternative school's grade. A school district that fails to
1674	assign the FCAT and end-of-course assessment as described in s.
1675	1008.22(3)(c)2.a. scores of each of its students to his or her
1676	home school or to the alternative school that receives a grade
1677	shall forfeit Florida School Recognition Program funds for 1
1678	fiscal year. School districts must require collaboration between
1679	the home school and the alternative school in order to promote
1680	student success. This collaboration must include an annual
1681	discussion between the principal of the alternative school and
1682	the principal of each student's home school concerning the most
1683	appropriate school assignment of the student.
1684	4.  The achievement scores and learning gains of students
1685	designated as hospital or homebound. Student assessment data for
1686	students designated as hospital or homebound shall be assigned
1687	to their home school for the purposes of school grades. As used
1688	in this subparagraph, the term "home school" means the school to
1689	which a student would be assigned if the student were not
1690	assigned to a hospital or homebound program.
1691	5.4.  For schools comprised of high school grades 9, 10,
1692	11, and 12, or grades 10, 11, and 12, the data listed in
1693	subparagraphs 1.-3. and the following data as the Department of
1694	Education determines such data are valid and available:
1695	a.  The high school graduation rate of the school as
1696	calculated by the Department of Education;
1697	b.  The participation rate of all eligible students
1698	enrolled in the school and enrolled in College Board Advanced
1699	Placement courses; International Baccalaureate courses; dual
1700	enrollment courses; Advanced International Certificate of
1701	Education courses; and courses or sequence of courses leading to
1702	national industry certification identified in the Industry
1703	Certification Funding List, pursuant to rules adopted by the
1704	State Board of Education;
1705	c.  The aggregate scores of all eligible students enrolled
1706	in the school in College Board Advanced Placement courses,
1707	International Baccalaureate courses, and Advanced International
1708	Certificate of Education courses;
1709	d.  Earning of college credit by all eligible students
1710	enrolled in the school in dual enrollment programs under s.
1711	1007.271;
1712	e.  Earning of a national industry certification identified
1713	in the Industry Certification Funding List, pursuant to rules
1714	adopted by the State Board of Education;
1715	f.  The aggregate scores of all eligible students enrolled
1716	in the school in reading, mathematics, and other subjects as
1717	measured by the SAT, the ACT, and the common placement test for
1718	postsecondary readiness;
1719	g.  The high school graduation rate of all eligible at-risk
1720	students enrolled in the school who scored at Level 2 or lower
1721	on the grade 8 FCAT Reading and Mathematics examinations;
1722	h.  The performance of the school's students on statewide
1723	standardized end-of-course assessments administered under s.
1724	1008.22(3)(c)2.b. and c.; and
1725	i.  The growth or decline in the data components listed in
1726	sub-subparagraphs a.-h. from year to year.
1727
1728	The State Board of Education shall adopt appropriate criteria
1729	for each school grade. The criteria must also give added weight
1730	to student achievement in reading. Schools designated with a
1731	grade of "C," making satisfactory progress, shall be required to
1732	demonstrate that adequate progress has been made by students in
1733	the school who are in the lowest 25th percentile in reading and
1734	mathematics on the FCAT and end-of-course assessments as
1735	described in s. 1008.22(3)(c)2.a., unless these students are
1736	exhibiting satisfactory performance. Beginning with the 2009-
1737	2010 school year for schools comprised of high school grades 9,
1738	10, 11, and 12, or grades 10, 11, and 12, the criteria for
1739	school grades must also give added weight to the graduation rate
1740	of all eligible at-risk students, as defined in this paragraph.
1741	Beginning in the 2009-2010 school year, in order for a high
1742	school to be designated as having a grade of "A," making
1743	excellent progress, the school must demonstrate that at-risk
1744	students, as defined in this paragraph, in the school are making
1745	adequate progress.
1746	Section 29.  Paragraph (a) of subsection (3) of section
1747	1011.01, Florida Statutes, is amended to read:
1748	1011.01  Budget system established.-
1749	(3)(a)  Each district school board and each community
1750	college board of trustees shall prepare, adopt, and submit to
1751	the Commissioner of Education for review an annual operating
1752	budget. Operating budgets shall be prepared and submitted in
1753	accordance with the provisions of law, rules of the State Board
1754	of Education, the General Appropriations Act, and for district
1755	school boards in accordance with the provisions of ss. 200.065
1756	and 1011.64.
1757	Section 30.  Subsection (4) of section 1011.03, Florida
1758	Statutes, is amended to read:
1759	1011.03  Public hearings; budget to be submitted to
1760	Department of Education.-
1761	(4)  The board shall hold public hearings to adopt
1762	tentative and final budgets pursuant to s. 200.065. The hearings
1763	shall be primarily for the purpose of hearing requests and
1764	complaints from the public regarding the budgets and the
1765	proposed tax levies and for explaining the budget and proposed
1766	or adopted amendments thereto, if any. The district school board
1767	shall then require the superintendent to transmit forthwith two
1768	copies of the adopted budget to the Department of Education for
1769	approval as prescribed by law and rules of the State Board of
1770	Education.
1771	Section 31.  Section 1011.035, Florida Statutes, is created
1772	to read:
1773	1011.035  School district budget transparency.-
1774	(1)  It is important for school districts to provide
1775	budgetary transparency to enable taxpayers, parents, and
1776	education advocates to obtain school district budget and related
1777	information in a manner that is simply explained and easily
1778	understandable. Budgetary transparency leads to more responsible
1779	spending, more citizen involvement, and improved accountability.
1780	A budget that is not transparent, accessible, and accurate
1781	cannot be properly analyzed, its implementation thoroughly
1782	monitored, or its outcomes evaluated.
1783	(2)  Each district school board shall post on its website a
1784	plain language version of each proposed, tentative, and official
1785	budget which describes each budget item in terms that are easily
1786	understandable to the public. This information must be
1787	prominently posted on the school district's website in a manner
1788	that is readily accessible to the public.
1789	(3)  Each district school board is encouraged to post the
1790	following information on its website:
1791	(a)  Timely information as to when a budget hearing will be
1792	conducted.
1793	(b)  Each contract between the district school board and
1794	the teachers' union.
1795	(c)  Each contract between the district school board and
1796	noninstructional staff.
1797	(d)  Each contract exceeding $35,000 between the school
1798	board and a vendor of services, supplies, or programs or for the
1799	purchase or lease of lands, facilities, or properties.
1800	(e)  Each contract exceeding $35,000 that is an emergency
1801	procurement or is with a single source as authorized under s.
1802	287.057(3).
1803	(f)  Recommendations of the citizens' budget advisory
1804	committee.
1805	(g)  Current and archived video recordings of each district
1806	school board meeting and workshop.
1807	(4)  The website should contain links to:
1808	(a)  Help explain or provide background information on
1809	various budget items that are required by state or federal law.
1810	(b)  Allow users to navigate to related sites to view
1811	supporting details.
1812	(c)  Enable taxpayers, parents, and education advocates to
1813	send e-mails asking questions about the budget and enable others
1814	to view the questions and responses.
1815	Section 32.  Paragraph (e) of subsection (1) of section
1816	1011.62, Florida Statutes, is amended to read:
1817	1011.62  Funds for operation of schools.-If the annual
1818	allocation from the Florida Education Finance Program to each
1819	district for operation of schools is not determined in the
1820	annual appropriations act or the substantive bill implementing
1821	the annual appropriations act, it shall be determined as
1822	follows:
1823	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1824	OPERATION.-The following procedure shall be followed in
1825	determining the annual allocation to each district for
1826	operation:
1827	(e)  Funding model for exceptional student education
1828	programs.-
1829	1.a.  The funding model uses basic, at-risk, support levels
1830	IV and V for exceptional students and career Florida Education
1831	Finance Program cost factors, and a guaranteed allocation for
1832	exceptional student education programs. Exceptional education
1833	cost factors are determined by using a matrix of services to
1834	document the services that each exceptional student will
1835	receive. The nature and intensity of the services indicated on
1836	the matrix shall be consistent with the services described in
1837	each exceptional student's individual educational plan. The
1838	Department of Education shall review and revise the descriptions
1839	of the services and supports included in the matrix of services
1840	for exceptional students and shall implement those revisions
1841	before the beginning of the 2012-2013 school year.
1842	b.  In order to generate funds using one of the two
1843	weighted cost factors, a matrix of services must be completed at
1844	the time of the student's initial placement into an exceptional
1845	student education program and at least once every 3 years by
1846	personnel who have received approved training. Nothing listed in
1847	the matrix shall be construed as limiting the services a school
1848	district must provide in order to ensure that exceptional
1849	students are provided a free, appropriate public education.
1850	c.  Students identified as exceptional, in accordance with
1851	chapter 6A-6, Florida Administrative Code, who do not have a
1852	matrix of services as specified in sub-subparagraph b. shall
1853	generate funds on the basis of full-time-equivalent student
1854	membership in the Florida Education Finance Program at the same
1855	funding level per student as provided for basic students.
1856	Additional funds for these exceptional students will be provided
1857	through the guaranteed allocation designated in subparagraph 2.
1858	2.  For students identified as exceptional who do not have
1859	a matrix of services and students who are gifted in grades K
1860	through 8, there is created a guaranteed allocation to provide
1861	these students with a free appropriate public education, in
1862	accordance with s. 1001.42(4)(m) and rules of the State Board of
1863	Education, which shall be allocated annually to each school
1864	district in the amount provided in the General Appropriations
1865	Act. These funds shall be in addition to the funds appropriated
1866	on the basis of FTE student membership in the Florida Education
1867	Finance Program, and the amount allocated for each school
1868	district shall not be recalculated during the year. These funds
1869	shall be used to provide special education and related services
1870	for exceptional students and students who are gifted in grades K
1871	through 8. Beginning with the 2007-2008 fiscal year, a
1872	district's expenditure of funds from the guaranteed allocation
1873	for students in grades 9 through 12 who are gifted may not be
1874	greater than the amount expended during the 2006-2007 fiscal
1875	year for gifted students in grades 9 through 12.
1876	Section 33.  Paragraph (c) of subsection (1) of section
1877	1012.39, Florida Statutes, is amended to read:
1878	1012.39  Employment of substitute teachers, teachers of
1879	adult education, nondegreed teachers of career education, and
1880	career specialists; students performing clinical field
1881	experience.-
1882	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1883	1012.57, or any other provision of law or rule to the contrary,
1884	each district school board shall establish the minimal
1885	qualifications for:
1886	(c)  Part-time and full-time nondegreed teachers of career
1887	programs. Qualifications shall be established for nondegreed
1888	teachers of career and technical education courses for program
1889	clusters that are recognized in the state and are agriculture,
1890	business, health occupations, family and consumer sciences,
1891	industrial, marketing, career specialist, and public service
1892	education teachers, based primarily on successful occupational
1893	experience rather than academic training. The qualifications for
1894	such teachers shall require:
1895	1.  The filing of a complete set of fingerprints in the
1896	same manner as required by s. 1012.32. Faculty employed solely
1897	to conduct postsecondary instruction may be exempted from this
1898	requirement.
1899	2.  Documentation of education and successful occupational
1900	experience including documentation of:
1901	a.  A high school diploma or the equivalent.
1902	b.  Completion of 6 years of full-time successful
1903	occupational experience or the equivalent of part-time
1904	experience in the teaching specialization area. The district
1905	school board may establish alternative qualifications for
1906	teachers with an industry certification in the career area in
1907	which they teach. Alternate means of determining successful
1908	occupational experience may be established by the district
1909	school board.
1910	c.  Completion of career education training conducted
1911	through the local school district inservice master plan.
1912	d.  For full-time teachers, completion of professional
1913	education training in teaching methods, course construction,
1914	lesson planning and evaluation, and teaching special needs
1915	students. This training may be completed through coursework from
1916	an accredited or approved institution or an approved district
1917	teacher education program.
1918	e.  Demonstration of successful teaching performance.
1919	f.  Documentation of industry certification when state or
1920	national industry certifications are available and applicable.
1921	Section 34.  Except as otherwise expressly provided in this
1922	act and except for this section, which shall take effect upon
1923	this act becoming a law, this act shall take effect July 1,
1924	2011.

CODING: Words stricken are deletions; words underlined are additions.