Florida Senate - 2014                                    SB 1226
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00935A-14                                           20141226__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 11.45, F.S.;
    3         requiring the Auditor General to notify the
    4         Legislative Auditing Committee if a district school
    5         board fails to take corrective action subsequent to an
    6         audit; amending s. 120.74, F.S.; exempting educational
    7         units from rule review and reporting requirements;
    8         amending s. 120.81, F.S.; conforming cross-references;
    9         amending s. 409.1451; conforming cross-references;
   10         repealing ss. 411.226, 411.227, and 411.228, F.S.,
   11         relating to the Learning Gateway program; amending s.
   12         496.404, F.S.; conforming cross-references; amending
   13         s. 775.215, F.S.; conforming cross-references;
   14         amending s. 984.151, F.S.; authorizing a district
   15         school superintendent’s designee to submit a truancy
   16         petition; repealing s. 1000.01(5), F.S., relating to
   17         obsolete education governance transfers; amending s.
   18         1000.21, F.S.; revising the definition of the term
   19         “Next Generation Sunshine State Standards”; repealing
   20         ss. 1000.33 and 1000.37, F.S., relating to the
   21         distribution of copies of educational compacts to
   22         other states; amending s. 1001.10, F.S.; deleting and
   23         revising certain duties of the Commissioner of
   24         Education relating to educational plans and programs;
   25         repealing s. 1001.25, F.S, relating to educational
   26         television; amending s. 1001.26, F.S.; revising
   27         Department of Education duties relating to the public
   28         broadcasting program system; prohibiting the use of
   29         educational television stations for the advancement of
   30         political candidates; providing penalties; repealing
   31         ss. 1001.47(7) and 1001.50(6), F.S., relating to
   32         obsolete district school superintendent salary
   33         provisions; repealing s. 1001.62, F.S., relating to
   34         obsolete provisions for the transfer of benefits
   35         arising under local or special acts; repealing s.
   36         1001.73(3), F.S., relating to the abolished Board of
   37         Regents as trustee; amending s. 1002.20, F.S.;
   38         correcting cross-references and conforming provisions;
   39         amending s. 1002.31, F.S.; revising provisions
   40         relating to school district controlled open enrollment
   41         plans; amending s. 1002.3105, F.S.; conforming
   42         provisions; amending s. 1002.321, F.S.; conforming
   43         provisions; amending s. 1002.33, F.S.; deleting
   44         required training before charter school application;
   45         conforming cross-references and provisions; amending
   46         s. 1002.34, F.S.; conforming cross-references;
   47         revising provisions relating to department assistance
   48         to charter technical career centers; amending s.
   49         1002.345, F.S.; revising provisions relating to
   50         expedited review of deteriorating financial conditions
   51         for a charter school or charter technical career
   52         center; deleting an annual reporting requirement;
   53         amending s. 1002.39, F.S.; deleting obsolete
   54         provisions relating to eligibility for a John M. McKay
   55         Scholarship; amending s. 1002.41, F.S.; correcting
   56         cross-references; repealing s. 1002.415, F.S.,
   57         relating to the K-8 Virtual School Program; amending
   58         s. 1002.45, F.S.; conforming cross-references;
   59         amending s. 1002.455, F.S.; conforming provisions;
   60         repealing s. 1002.65, F.S., relating to aspirational
   61         goals for credentials of prekindergarten instructors;
   62         amending s. 1003.01, F.S.; conforming cross
   63         references; amending s. 1003.02, F.S.; requiring
   64         instructional materials to be consistent with course
   65         descriptions; amending s. 1003.03, F.S.; conforming
   66         cross-references; amending s. 1003.41, F.S.; deleting
   67         an obsolete cost analysis requirement relating to a
   68         separate financial literacy course; amending s.
   69         1003.4156, F.S.; revising course and assessment
   70         requirements for middle grades students for promotion
   71         to high school; providing an exemption for transfer
   72         students from certain course grade and assessment
   73         requirements; repealing s. 1003.428, F.S., relating to
   74         obsolete requirements for high school graduation;
   75         amending s. 1003.4281, F.S.; conforming cross
   76         references; amending s. 1003.4282, F.S.; revising
   77         course and assessment requirements for the award of a
   78         standard high school diploma; providing requirements
   79         for a student in an adult general education program to
   80         be awarded a standard high school diploma; revising
   81         requirements for award of a certificate of completion;
   82         providing an exemption for transfer students from
   83         certain course grade and assessment requirements;
   84         providing specificity regarding course and assessment
   85         requirements for graduation for certain cohorts of
   86         high school students transitioning to new graduation
   87         requirements; providing for future repeal of
   88         transition requirements; amending s. 1003.4285, F.S.;
   89         revising requirements for standard high school diploma
   90         designations; amending s. 1003.438, F.S.; conforming
   91         cross-references; repealing s. 1003.451(5), F.S.,
   92         relating to State Board of Education rulemaking;
   93         amending s. 1003.49, F.S.; conforming cross
   94         references; amending s. 1003.493, F.S.; conforming a
   95         cross-reference; amending s. 1003.4935, F.S.;
   96         conforming a cross-reference; amending s. 1003.57,
   97         F.S., relating to exceptional student instruction;
   98         amending s. 1003.621, F.S.; revising audit criteria
   99         for academically high-performing school districts;
  100         repealing s. 1004.02(4), F.S., relating to the
  101         definition of the term “adult high school credit
  102         program”; amending s. 1004.0961, F.S.; providing for
  103         Board of Governors regulations; repealing s.
  104         1004.3825, F.S., relating to authorization for a
  105         medical degree program; repealing s. 1004.387, F.S.,
  106         relating to authorization for a pharmacy degree
  107         program; repealing s. 1004.445(2), F.S., relating to
  108         the board of directors of the Johnnie B. Byrd, Sr.
  109         Alzheimer’s Center and Research Institute; repealing
  110         s. 1004.75, F.S., relating to training school
  111         consolidation pilot projects; amending s. 1004.935,
  112         F.S.; conforming cross-references; repealing s.
  113         1006.141, F.S., relating to a statewide school safety
  114         hotline; amending s. 1006.147, F.S.; deleting obsolete
  115         provisions relating to school district bullying and
  116         harassment policies; repealing s. 1006.148(2), F.S.,
  117         relating to a department-developed model dating
  118         violence and abuse policy; amending s. 1006.15, F.S.;
  119         conforming cross-references; amending s. 1006.28,
  120         F.S.; conforming provisions relating to instructional
  121         materials; amending s. 1006.31, F.S.; conforming
  122         provisions relating to duties of an instructional
  123         materials reviewer; amending s. 1006.34, F.S.;
  124         revising provisions relating to standards used in the
  125         selection of instructional materials; amending s.
  126         1006.40, F.S.; revising provisions relating to
  127         district school board purchase of instructional
  128         materials; amending s. 1006.42, F.S.; conforming
  129         provisions relating to the responsibility of parents
  130         for instructional materials; amending s. 1007.02,
  131         F.S.; deleting a popular name and providing
  132         applicability for the term “student with a
  133         disability”; amending s. 1007.2615, F.S.; deleting
  134         obsolete provisions relating to an American Sign
  135         Language task force; amending s. 1007.263, F.S.;
  136         conforming cross-references; amending ss. 1007.264 and
  137         1007.265, F.S.; conforming provisions; amending s.
  138         1007.271, F.S.; correcting cross-references; amending
  139         s. 1008.22, F.S.; conforming and revising provisions
  140         relating to the implementation of statewide,
  141         standardized comprehensive assessments, end-of-course
  142         assessments, and waivers for students with
  143         disabilities; requiring the commissioner to publish an
  144         implementation schedule for transition to new
  145         assessments; conforming provisions relating to
  146         concordant scores and comparative scores for
  147         assessments; amending s. 1008.25, F.S.; conforming
  148         assessment provisions for student progression;
  149         amending s. 1008.33, F.S.; deleting obsolete
  150         provisions relating to implementation of certain
  151         school turnaround options; repealing s. 1008.331,
  152         F.S., relating to supplemental educational services in
  153         Title I schools; amending s. 1008.3415, F.S.;
  154         correcting a cross-reference; repealing s. 1008.35,
  155         F.S., relating to best financial management practices
  156         for school districts; amending s. 1009.22, F.S.;
  157         deleting obsolete provisions relating to workforce
  158         education postsecondary student fees; amending s.
  159         1009.40, F.S.; conforming cross-references; amending
  160         s. 1009.531, F.S.; conforming cross-references;
  161         amending s. 1009.532, F.S.; correcting cross
  162         references; amending s. 1009.536, F.S.; correcting
  163         cross-references; repealing s. 1009.56, F.S., relating
  164         to the Seminole and Miccosukee Indian Scholarship
  165         Program; repealing s. 1009.69, F.S., relating to the
  166         Virgil Hawkins Fellows Assistance Program; amending s.
  167         1009.91, F.S.; conforming a cross-reference; amending
  168         s. 1009.94, F.S.; conforming a cross-reference;
  169         repealing part V of chapter 1009, F.S., relating to
  170         the Florida Higher Education Loan Authority; repealing
  171         s. 1011.71(3)(b) and (c), F.S., relating to expired
  172         authorization for certain millage levy; repealing s.
  173         1011.76(4), F.S., relating to best financial
  174         management practices review under the Small School
  175         District Stabilization Program; amending s. 1011.80,
  176         F.S.; correcting a cross-reference; amending s.
  177         1012.05, F.S.; deleting department and commissioner
  178         duties relating to teacher recruitment and retention;
  179         amending s. 1012.22, F.S.; conforming provisions;
  180         repealing s. 1012.33(9), F.S., relating to obsolete
  181         provisions for payment of professional service
  182         contracts; amending s. 1012.34, F.S.; correcting
  183         cross-references relating to measuring student
  184         performance in personnel evaluations; amending s.
  185         1012.44, F.S.; deleting obsolete provisions; amending
  186         s. 1012.561, F.S.; deleting an obsolete provision;
  187         repealing s. 1012.595, F.S., relating to an obsolete
  188         saving clause for educator certificates; amending s.
  189         1012.885, F.S.; deleting certain provisions relating
  190         to remuneration of Florida College System institution
  191         presidents; amending s. 1012.975, F.S.; deleting
  192         certain provisions relating to remuneration of state
  193         university presidents; amending s. 1012.98, F.S.;
  194         requiring continuing education training for
  195         kindergarten teachers; amending s. 1013.35, F.S.;
  196         revising audit requirements for school district
  197         educational planning and construction activities;
  198         amending s. 1013.47, F.S.; deleting provisions
  199         relating to payment of wages of certain persons
  200         employed by contractors; repealing s. 1013.49, F.S.,
  201         relating to toxic substances in educational
  202         facilities; repealing s. 1013.512, F.S., relating to
  203         the Land Acquisition and Facilities Advisory Board;
  204         repealing s. 1013.54, F.S., relating to the
  205         cooperative development and use of satellite
  206         educational facilities; repealing s. 20 of chapter
  207         2010-24, Laws of Florida, relating to Department of
  208         Revenue authorization to adopt emergency rules;
  209         providing an effective date.
  210          
  211  Be It Enacted by the Legislature of the State of Florida:
  212  
  213         Section 1. Paragraph (j) of subsection (7) of section
  214  11.45, Florida Statutes, is amended to read:
  215         11.45 Definitions; duties; authorities; reports; rules.—
  216         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  217         (j) The Auditor General shall notify the Legislative
  218  Auditing Committee of any financial or operational audit report
  219  prepared pursuant to this section which indicates that a
  220  district school board, state university, or Florida College
  221  System institution has failed to take full corrective action in
  222  response to a recommendation that was included in the two
  223  preceding financial or operational audit reports.
  224         1. The committee may direct the district school board or
  225  the governing body of the state university or Florida College
  226  System institution to provide a written statement to the
  227  committee explaining why full corrective action has not been
  228  taken or, if the governing body intends to take full corrective
  229  action, describing the corrective action to be taken and when it
  230  will occur.
  231         2. If the committee determines that the written statement
  232  is not sufficient, the committee may require the chair of the
  233  district school board or the chair of the governing body of the
  234  state university or Florida College System institution, or the
  235  chair’s designee, to appear before the committee.
  236         3. If the committee determines that the district school
  237  board, state university, or Florida College System institution
  238  has failed to take full corrective action for which there is no
  239  justifiable reason or has failed to comply with committee
  240  requests made pursuant to this section, the committee shall
  241  refer the matter to the State Board of Education or the Board of
  242  Governors, as appropriate, to proceed in accordance with s.
  243  1008.32 or s. 1008.322, respectively.
  244         Section 2. Subsection (5) is added to section 120.74,
  245  Florida Statutes, to read:
  246         120.74 Agency review, revision, and report.—
  247         (5) An educational unit as defined in s. 120.52(6) is
  248  exempt from this section.
  249         Section 3. Paragraph (c) of subsection (1) of section
  250  120.81, Florida Statutes, is amended to read:
  251         120.81 Exceptions and special requirements; general areas.—
  252         (1) EDUCATIONAL UNITS.—
  253         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  254  criteria, or testing procedures relating to student assessment
  255  which are developed or administered by the Department of
  256  Education pursuant to s. 1003.4282 1003.428, s. 1003.429, s.
  257  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
  258  educational tests required by law, are not rules.
  259         Section 4. Paragraph (a) of subsection (2) of section
  260  409.1451, Florida Statutes, is amended to read:
  261         409.1451 The Road-to-Independence Program.—
  262         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  263         (a) A young adult is eligible for services and support
  264  under this subsection if he or she:
  265         1. Was living in licensed care on his or her 18th birthday
  266  or is currently living in licensed care; or was at least 16
  267  years of age and was adopted from foster care or placed with a
  268  court-approved dependency guardian after spending at least 6
  269  months in licensed care within the 12 months immediately
  270  preceding such placement or adoption;
  271         2. Spent at least 6 months in licensed care before reaching
  272  his or her 18th birthday;
  273         3. Earned a standard high school diploma pursuant to s.
  274  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  275  pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, s. 1003.435,
  276  or a special diploma pursuant to s. 1003.438;
  277         4. Has been admitted for enrollment as a full-time student
  278  or its equivalent in an eligible postsecondary educational
  279  institution as provided in s. 1009.533. For purposes of this
  280  section, the term “full-time” means 9 credit hours or the
  281  vocational school equivalent. A student may enroll part-time if
  282  he or she has a recognized disability or is faced with another
  283  challenge or circumstance that would prevent full-time
  284  attendance. A student needing to enroll part-time for any reason
  285  other than having a recognized disability must get approval from
  286  his or her academic advisor;
  287         5. Has reached 18 years of age but is not yet 23 years of
  288  age;
  289         6. Has applied, with assistance from the young adult’s
  290  caregiver and the community-based lead agency, for any other
  291  grants and scholarships for which he or she may qualify;
  292         7. Submitted a Free Application for Federal Student Aid
  293  which is complete and error free; and
  294         8. Signed an agreement to allow the department and the
  295  community-based care lead agency access to school records.
  296         Section 5. Section 411.226, Florida Statutes, is repealed.
  297         Section 6. Section 411.227, Florida Statutes, is repealed.
  298         Section 7. Section 411.228, Florida Statutes, is repealed.
  299         Section 8. Subsection (8) of section 496.404, Florida
  300  Statutes, is amended to read:
  301         496.404 Definitions.—As used in ss. 496.401-496.424:
  302         (8) “Educational institutions” means those institutions and
  303  organizations described in s. 212.08(7)(cc)8.a. The term
  304  includes private nonprofit organizations, the purpose of which
  305  is to raise funds for schools teaching grades kindergarten
  306  through grade 12, colleges, and universities, including a any
  307  nonprofit newspaper of free or paid circulation primarily on
  308  university or college campuses which holds a current exemption
  309  from federal income tax under s. 501(c)(3) of the Internal
  310  Revenue Code, an any educational television network or system
  311  established pursuant to s. 1001.25 or s. 1001.26, and a any
  312  nonprofit television or radio station that is a part of such
  313  network or system and that holds a current exemption from
  314  federal income tax under s. 501(c)(3) of the Internal Revenue
  315  Code. The term also includes a nonprofit educational cable
  316  consortium that holds a current exemption from federal income
  317  tax under s. 501(c)(3) of the Internal Revenue Code, whose
  318  primary purpose is the delivery of educational and instructional
  319  cable television programming and whose members are composed
  320  exclusively of educational organizations that hold a valid
  321  consumer certificate of exemption and that are either an
  322  educational institution as defined in this subsection or
  323  qualified as a nonprofit organization pursuant to s. 501(c)(3)
  324  of the Internal Revenue Code.
  325         Section 9. Paragraph (d) of subsection (1) of section
  326  775.215, Florida Statutes, is amended to read:
  327         775.215 Residency restriction for persons convicted of
  328  certain sex offenses.—
  329         (1) As used in this section, the term:
  330         (d) “School” has the same meaning as provided in s. 1003.01
  331  and includes a private school as defined in s. 1002.01, a
  332  voluntary prekindergarten education program as described in s.
  333  1002.53(3), a public school as described in s. 402.3025(1), the
  334  Florida School for the Deaf and the Blind, and the Florida
  335  Virtual School as established under s. 1002.37, and a K-8
  336  Virtual School as established under s. 1002.415, but does not
  337  include facilities dedicated exclusively to the education of
  338  adults.
  339         Section 10. Subsection (1) of section 984.151, Florida
  340  Statutes, is amended to read:
  341         984.151 Truancy petition; prosecution; disposition.—
  342         (1) If the school determines that a student subject to
  343  compulsory school attendance has had at least five unexcused
  344  absences, or absences for which the reasons are unknown, within
  345  a calendar month or 10 unexcused absences, or absences for which
  346  the reasons are unknown, within a 90-calendar-day period
  347  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
  348  absences in a 90-calendar-day period, the superintendent of
  349  schools or his or her designee may file a truancy petition.
  350         Section 11. Subsection (5) of section 1000.01, Florida
  351  Statutes, is repealed.
  352         Section 12. Subsection (7) of section 1000.21, Florida
  353  Statutes, is amended to read:
  354         1000.21 Systemwide definitions.—As used in the Florida K-20
  355  Education Code:
  356         (7) “Next Generation Sunshine State Standards” means the
  357  state’s public K-12 curricular standards, including common core
  358  standards in English Language Arts and mathematics, adopted
  359  under s. 1003.41.
  360         Section 13. Section 1000.33, Florida Statutes, is repealed.
  361         Section 14. Section 1000.37, Florida Statutes, is repealed.
  362         Section 15. Paragraphs (h) and (l) of subsection (6) of
  363  section 1001.10, Florida Statutes, are amended to read:
  364         1001.10 Commissioner of Education; general powers and
  365  duties.—
  366         (6) Additionally, the commissioner has the following
  367  general powers and duties:
  368         (h) To develop and implement a plan for cooperating with
  369  the Federal Government in carrying out any or all phases of the
  370  educational program and to recommend policies for administering
  371  funds that are appropriated by Congress and apportioned to the
  372  state for any or all educational purposes. The Commissioner of
  373  Education shall submit to the Legislature the proposed state
  374  plan for the reauthorization of the No Child Left Behind Act
  375  before the proposed plan is submitted to federal agencies. The
  376  President of the Senate and the Speaker of the House of
  377  Representatives shall appoint members of the appropriate
  378  education and appropriations committees to serve as a select
  379  committee to review the proposed plan.
  380         (k)(l) To prepare, publish, and disseminate maintain a
  381  Citizen Information Center responsible for the preparation,
  382  publication, and dissemination of user-friendly materials
  383  relating to the state’s education system, including the state’s
  384  K-12 scholarship programs and the Voluntary Prekindergarten
  385  Education Program.
  386         Section 16. Section 1001.25, Florida Statutes, is repealed.
  387         Section 17. Section 1001.26, Florida Statutes, is amended
  388  to read:
  389         1001.26 Public broadcasting program system.—
  390         (1) There is created a public broadcasting program system
  391  for the state. The department shall provide funds, as
  392  specifically appropriated in the General Appropriations Act, to
  393  educational television stations qualified by the Corporation for
  394  Public Broadcasting that are part of the public broadcasting
  395  program system administer this program system pursuant to rules
  396  adopted by the State Board of Education. This program system
  397  must complement and share resources with the instructional
  398  programming service of the Department of Education and
  399  educational UHF, VHF, EBS, and FM stations in the state. The
  400  program system must include:
  401         (a) Support for existing Corporation for Public
  402  Broadcasting qualified program system educational television
  403  stations and new stations meeting Corporation for Public
  404  Broadcasting qualifications and providing a first service to an
  405  audience that does not currently receive a broadcast signal or
  406  providing a significant new program service as defined by rule
  407  by the State Board of Education.
  408         (b) Maintenance of quality broadcast capability for
  409  educational stations that are part of the program system.
  410         (c) Interconnection of all educational stations that are
  411  part of the program system for simultaneous broadcast and of
  412  such stations with all universities and other institutions as
  413  necessary for sharing of resources and delivery of programming.
  414         (d) Establishment and maintenance of a capability for
  415  statewide program distribution with facilities and staff,
  416  provided such facilities and staff complement and strengthen
  417  existing or future educational television stations in accordance
  418  with paragraph (a) and s. 1001.25(2)(c).
  419         (e) Provision of both statewide programming funds and
  420  station programming support for educational television to meet
  421  statewide priorities. Priorities for station programming need
  422  not be the same as priorities for programming to be used
  423  statewide. Station programming may include, but shall not be
  424  limited to, citizens’ participation programs, music and fine
  425  arts programs, coverage of public hearings and governmental
  426  meetings, equal air time for political candidates, and other
  427  public interest programming.
  428         (2)(a) The Department of Education is responsible for
  429  implementing the provisions of this section pursuant to s.
  430  282.702 and may employ personnel, acquire equipment and
  431  facilities, and perform all duties necessary for carrying out
  432  the purposes and objectives of this section.
  433         (b) The department shall provide through educational
  434  television and other electronic media a means of extending
  435  educational services to all the state system of public
  436  education. The department shall recommend to the State Board of
  437  Education rules necessary to provide such services.
  438         (c) The department is authorized to provide equipment,
  439  funds, and other services to extend and update both the existing
  440  and the proposed educational television systems of tax-supported
  441  and nonprofit, corporate-owned facilities. All stations funded
  442  must be qualified by the Corporation for Public Broadcasting.
  443  New stations eligible for funding shall provide a first service
  444  to an audience that is not currently receiving a broadcast
  445  signal or provide a significant new program service as defined
  446  by State Board of Education rules. Funds appropriated to the
  447  department for educational television may be used by the
  448  department for educational television only.
  449         (3)(a) The facilities, plant, or personnel of an
  450  educational television station that is supported in whole or in
  451  part by state funds may not be used directly or indirectly for
  452  the promotion, advertisement, or advancement of a political
  453  candidate for a municipal, county, legislative, congressional,
  454  or state office. However, fair, open, and free discussion
  455  between political candidates for municipal, county, legislative,
  456  congressional, or state office may be permitted in order to help
  457  materially reduce the excessive cost of campaigns and to ensure
  458  that the state’s citizens are fully informed about issues and
  459  candidates in campaigns. This paragraph applies to the advocacy
  460  for, or opposition to, a specific existing or proposed program
  461  of governmental action, which includes, but is not limited to,
  462  constitutional amendments, tax referenda, and bond issues. This
  463  paragraph shall be implemented in accordance with rules of the
  464  State Board of Education.
  465         (b) A violation of a prohibition contained in this
  466  subsection is a misdemeanor of the second degree, punishable as
  467  provided in s. 775.082 or s. 775.083.
  468         Section 18. Subsection (7) of section 1001.47, Florida
  469  Statutes, is repealed.
  470         Section 19. Subsection (6) of section 1001.50, Florida
  471  Statutes, is repealed.
  472         Section 20. Section 1001.62, Florida Statutes, is repealed.
  473         Section 21. Subsection (3) of section 1001.73, Florida
  474  Statutes, is repealed.
  475         Section 22. Subsections (8), (16), and (21) of section
  476  1002.20, Florida Statutes, are amended to read:
  477         1002.20 K-12 student and parent rights.—Parents of public
  478  school students must receive accurate and timely information
  479  regarding their child’s academic progress and must be informed
  480  of ways they can help their child to succeed in school. K-12
  481  students and their parents are afforded numerous statutory
  482  rights including, but not limited to, the following:
  483         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  484  students with disabilities and parents of public school students
  485  in residential care facilities are entitled to notice and due
  486  process in accordance with the provisions of ss. 1003.57 and
  487  1003.58. Public school students with disabilities must be
  488  provided the opportunity to meet the graduation requirements for
  489  a standard high school diploma as set forth in s. 1003.4282 in
  490  accordance with the provisions of ss. 1003.57 and 1008.22 s.
  491  1003.428(3). Pursuant to s. 1003.438, certain public school
  492  students with disabilities may be awarded a special diploma upon
  493  high school graduation.
  494         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  495  REPORTS.—Parents of public school students are entitled to an
  496  easy-to-read report card about the school’s grade designation
  497  or, if applicable under s. 1008.341, the school’s improvement
  498  rating, and the school’s school accountability report, including
  499  the school financial report as required under s. 1010.215, and
  500  school improvement rating of their child’s school in accordance
  501  with the provisions of ss. 1008.22, 1003.02(3), and 1010.215(5).
  502         (21) PARENTAL INPUT AND MEETINGS.—
  503         (a) Meetings with school district personnel.—Parents of
  504  public school students may be accompanied by another adult of
  505  their choice at a any meeting with school district personnel.
  506  School district personnel may not object to the attendance of
  507  such adult or discourage or attempt to discourage, through an
  508  any action, statement, or other means, the parents of students
  509  with disabilities from inviting another person of their choice
  510  to attend a any meeting. Such prohibited actions include, but
  511  are not limited to, attempted or actual coercion or harassment
  512  of parents or students or retaliation or threats of consequences
  513  to parents or students.
  514         1. Such meetings include, but are not limited to, meetings
  515  related to: the eligibility for exceptional student education or
  516  related services; the development of an individual family
  517  support plan (IFSP); the development of an individual education
  518  plan (IEP); the development of a 504 accommodation plan issued
  519  under s. 504 of the Rehabilitation Act of 1973; the transition
  520  of a student from early intervention services to other services;
  521  the development of postsecondary goals for a student with a
  522  disability and the transition services needed to reach those
  523  goals; and other issues that may affect the a student’s
  524  educational environment, discipline, or placement of a student
  525  with a disability.
  526         2. The parents and school district personnel attending the
  527  meeting shall sign a document at the meeting’s conclusion which
  528  states whether any school district personnel have prohibited,
  529  discouraged, or attempted to discourage the parents from
  530  inviting a person of their choice to the meeting.
  531         (b) School district best financial management practice
  532  reviews.—Public school students and their parents may provide
  533  input regarding their concerns about the operations and
  534  management of the school district both during and after the
  535  conduct of a school district best financial management practices
  536  review, in accordance with the provisions of s. 1008.35.
  537         (b)(c)District school board educational facilities
  538  programs.—Parents of public school students and other members of
  539  the public have the right to receive proper public notice and
  540  opportunity for public comment regarding the district school
  541  board’s educational facilities work program, in accordance with
  542  the provisions of s. 1013.35.
  543         Section 23. Subsections (2) through (8) of section 1002.31,
  544  Florida Statutes, are amended to read:
  545         1002.31 Controlled open enrollment; public school parental
  546  choice.—
  547         (2) Each district school board may offer controlled open
  548  enrollment within the public schools which is. The controlled
  549  open enrollment program shall be offered in addition to the
  550  existing choice programs such as virtual instruction programs,
  551  magnet schools, alternative schools, special programs, advanced
  552  placement, and dual enrollment.
  553         (3) Each district school board offering controlled open
  554  enrollment shall adopt by rule and post on its website develop a
  555  controlled open enrollment plan which must: describes the
  556  implementation of subsection (2).
  557         (a)(4) School districts shall Adhere to federal
  558  desegregation requirements. No controlled open enrollment plan
  559  that conflicts with federal desegregation orders shall be
  560  implemented.
  561         (5) Each school district shall develop a system of
  562  priorities for its plan that includes consideration of the
  563  following:
  564         (b)(a)Include an application process required to
  565  participate in the controlled open enrollment program.
  566         (b) A process that allows parents to declare school
  567  preferences, including.
  568         (c) A process that encourages placement of siblings within
  569  the same school.
  570         (c)(d)Provide a lottery procedure used by the school
  571  district to determine student assignment and establish.
  572         (e) an appeals process for hardship cases.
  573         (d) Afford parents of students in multiple session schools
  574  preferred access to controlled open enrollment.
  575         (e)(f)The procedures to Maintain socioeconomic,
  576  demographic, and racial balance.
  577         (f)(g)Address the availability of transportation.
  578         (h) A process that promotes strong parental involvement,
  579  including the designation of a parent liaison.
  580         (i) A strategy that establishes a clearinghouse of
  581  information designed to assist parents in making informed
  582  choices.
  583         (6) Plans shall be submitted to the Commissioner of
  584  Education. The Commissioner of Education shall develop an annual
  585  report on the status of school choice and deliver the report to
  586  the Governor, the President of the Senate, and the Speaker of
  587  the House of Representatives at least 90 days prior to the
  588  convening of the regular session of the Legislature.
  589         (7) Notwithstanding any provision of this section, a school
  590  district with schools operating on both multiple session
  591  schedules and single session schedules shall afford parents of
  592  students in multiple session schools preferred access to the
  593  controlled open enrollment program of the school district.
  594         (4)(8)In accordance with the reporting requirements of s.
  595  1011.62, each district school board shall annually report the
  596  number of students applying for and attending the various types
  597  of public schools of choice in the district, including schools
  598  such as virtual instruction programs, magnet schools, and public
  599  charter schools, according to rules adopted by the State Board
  600  of Education.
  601         Section 24. Subsection (5) of section 1002.3105, Florida
  602  Statutes, is amended to read:
  603         1002.3105 Academically Challenging Curriculum to Enhance
  604  Learning (ACCEL) options.—
  605         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  606  meets the applicable grade 9 cohort graduation requirements of
  607  s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5.,
  608  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  609  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  610  scale shall be awarded a standard high school diploma in a form
  611  prescribed by the State Board of Education.
  612         Section 25. Subsection (3) of section 1002.321, Florida
  613  Statutes, is amended to read:
  614         1002.321 Digital learning.—
  615         (3) DIGITAL PREPARATION.—As required under s. 1003.4282, a
  616  Each student entering grade 9 in the 2011-2012 school year and
  617  thereafter who seeks a high school diploma must take graduate
  618  from high school having taken at least one online course, as
  619  provided in s. 1003.428.
  620         Section 26. Paragraph (a) of subsection (6), paragraph (a)
  621  of subsection (7), paragraphs (b) and (c) of subsection (15),
  622  and subsection (25) of section 1002.33, Florida Statutes, are
  623  amended to read:
  624         1002.33 Charter schools.—
  625         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  626  applications are subject to the following requirements:
  627         (a) A person or entity wishing to open a charter school
  628  shall prepare and submit an application on a model application
  629  form prepared by the Department of Education which:
  630         1. Demonstrates how the school will use the guiding
  631  principles and meet the statutorily defined purpose of a charter
  632  school.
  633         2. Provides a detailed curriculum plan that illustrates how
  634  students will be provided services to attain the Sunshine State
  635  Standards.
  636         3. Contains goals and objectives for improving student
  637  learning and measuring that improvement. These goals and
  638  objectives must indicate how much academic improvement students
  639  are expected to show each year, how success will be evaluated,
  640  and the specific results to be attained through instruction.
  641         4. Describes the reading curriculum and differentiated
  642  strategies that will be used for students reading at grade level
  643  or higher and a separate curriculum and strategies for students
  644  who are reading below grade level. A sponsor shall deny a
  645  charter if the school does not propose a reading curriculum that
  646  is consistent with effective teaching strategies that are
  647  grounded in scientifically based reading research.
  648         5. Contains an annual financial plan for each year
  649  requested by the charter for operation of the school for up to 5
  650  years. This plan must contain anticipated fund balances based on
  651  revenue projections, a spending plan based on projected revenues
  652  and expenses, and a description of controls that will safeguard
  653  finances and projected enrollment trends.
  654         6. Contains Documents that the applicant has participated
  655  in the training required in subparagraph (f)2. A sponsor may
  656  require an applicant to provide additional information a sponsor
  657  may require, which shall be attached as an addendum to the
  658  charter school application described in this paragraph.
  659         7. For the establishment of a virtual charter school,
  660  documents that the applicant has contracted with a provider of
  661  virtual instruction services pursuant to s. 1002.45(1)(d).
  662         (7) CHARTER.—The major issues involving the operation of a
  663  charter school shall be considered in advance and written into
  664  the charter. The charter shall be signed by the governing board
  665  of the charter school and the sponsor, following a public
  666  hearing to ensure community input.
  667         (a) The charter shall address and criteria for approval of
  668  the charter shall be based on:
  669         1. The school’s mission, the students to be served, and the
  670  ages and grades to be included.
  671         2. The focus of the curriculum, the instructional methods
  672  to be used, any distinctive instructional techniques to be
  673  employed, and identification and acquisition of appropriate
  674  technologies needed to improve educational and administrative
  675  performance which include a means for promoting safe, ethical,
  676  and appropriate uses of technology which comply with legal and
  677  professional standards.
  678         a. The charter shall ensure that reading is a primary focus
  679  of the curriculum and that resources are provided to identify
  680  and provide specialized instruction for students who are reading
  681  below grade level. The curriculum and instructional strategies
  682  for reading must be consistent with the Next Generation Sunshine
  683  State Standards and grounded in scientifically based reading
  684  research.
  685         b. In order to provide students with access to diverse
  686  instructional delivery models, to facilitate the integration of
  687  technology within traditional classroom instruction, and to
  688  provide students with the skills they need to compete in the
  689  21st century economy, the Legislature encourages instructional
  690  methods for blended learning courses consisting of both
  691  traditional classroom and online instructional techniques.
  692  Charter schools may implement blended learning courses which
  693  combine traditional classroom instruction and virtual
  694  instruction. Students in a blended learning course must be full
  695  time students of the charter school and receive the online
  696  instruction in a classroom setting at the charter school.
  697  Instructional personnel certified pursuant to s. 1012.55 who
  698  provide virtual instruction for blended learning courses may be
  699  employees of the charter school or may be under contract to
  700  provide instructional services to charter school students. At a
  701  minimum, such instructional personnel must hold an active state
  702  or school district adjunct certification under s. 1012.57 for
  703  the subject area of the blended learning course. The funding and
  704  performance accountability requirements for blended learning
  705  courses are the same as those for traditional courses.
  706         3. The current incoming baseline standard of student
  707  academic achievement, the outcomes to be achieved, and the
  708  method of measurement that will be used. The criteria listed in
  709  this subparagraph shall include a detailed description of:
  710         a. How the baseline student academic achievement levels and
  711  prior rates of academic progress will be established.
  712         b. How these baseline rates will be compared to rates of
  713  academic progress achieved by these same students while
  714  attending the charter school.
  715         c. To the extent possible, how these rates of progress will
  716  be evaluated and compared with rates of progress of other
  717  closely comparable student populations.
  718  
  719  The district school board is required to provide academic
  720  student performance data to charter schools for each of their
  721  students coming from the district school system, as well as
  722  rates of academic progress of comparable student populations in
  723  the district school system.
  724         4. The methods used to identify the educational strengths
  725  and needs of students and how well educational goals and
  726  performance standards are met by students attending the charter
  727  school. The methods shall provide a means for the charter school
  728  to ensure accountability to its constituents by analyzing
  729  student performance data and by evaluating the effectiveness and
  730  efficiency of its major educational programs. Students in
  731  charter schools shall, at a minimum, participate in the
  732  statewide assessment program created under s. 1008.22.
  733         5. In secondary charter schools, a method for determining
  734  that a student has satisfied the requirements for graduation in
  735  s. 1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282.
  736         6. A method for resolving conflicts between the governing
  737  board of the charter school and the sponsor.
  738         7. The admissions procedures and dismissal procedures,
  739  including the school’s code of student conduct.
  740         8. The ways by which the school will achieve a
  741  racial/ethnic balance reflective of the community it serves or
  742  within the racial/ethnic range of other public schools in the
  743  same school district.
  744         9. The financial and administrative management of the
  745  school, including a reasonable demonstration of the professional
  746  experience or competence of those individuals or organizations
  747  applying to operate the charter school or those hired or
  748  retained to perform such professional services and the
  749  description of clearly delineated responsibilities and the
  750  policies and practices needed to effectively manage the charter
  751  school. A description of internal audit procedures and
  752  establishment of controls to ensure that financial resources are
  753  properly managed must be included. Both public sector and
  754  private sector professional experience shall be equally valid in
  755  such a consideration.
  756         10. The asset and liability projections required in the
  757  application which are incorporated into the charter and shall be
  758  compared with information provided in the annual report of the
  759  charter school.
  760         11. A description of procedures that identify various risks
  761  and provide for a comprehensive approach to reduce the impact of
  762  losses; plans to ensure the safety and security of students and
  763  staff; plans to identify, minimize, and protect others from
  764  violent or disruptive student behavior; and the manner in which
  765  the school will be insured, including whether or not the school
  766  will be required to have liability insurance, and, if so, the
  767  terms and conditions thereof and the amounts of coverage.
  768         12. The term of the charter which shall provide for
  769  cancellation of the charter if insufficient progress has been
  770  made in attaining the student achievement objectives of the
  771  charter and if it is not likely that such objectives can be
  772  achieved before expiration of the charter. The initial term of a
  773  charter shall be for 4 or 5 years. In order to facilitate access
  774  to long-term financial resources for charter school
  775  construction, charter schools that are operated by a
  776  municipality or other public entity as provided by law are
  777  eligible for up to a 15-year charter, subject to approval by the
  778  district school board. A charter lab school is eligible for a
  779  charter for a term of up to 15 years. In addition, to facilitate
  780  access to long-term financial resources for charter school
  781  construction, charter schools that are operated by a private,
  782  not-for-profit, s. 501(c)(3) status corporation are eligible for
  783  up to a 15-year charter, subject to approval by the district
  784  school board. Such long-term charters remain subject to annual
  785  review and may be terminated during the term of the charter, but
  786  only according to the provisions set forth in subsection (8).
  787         13. The facilities to be used and their location. The
  788  sponsor may not require a charter school to have a certificate
  789  of occupancy or a temporary certificate of occupancy for such a
  790  facility earlier than 15 calendar days before the first day of
  791  school.
  792         14. The qualifications to be required of the teachers and
  793  the potential strategies used to recruit, hire, train, and
  794  retain qualified staff to achieve best value.
  795         15. The governance structure of the school, including the
  796  status of the charter school as a public or private employer as
  797  required in paragraph (12)(i).
  798         16. A timetable for implementing the charter which
  799  addresses the implementation of each element thereof and the
  800  date by which the charter shall be awarded in order to meet this
  801  timetable.
  802         17. In the case of an existing public school that is being
  803  converted to charter status, alternative arrangements for
  804  current students who choose not to attend the charter school and
  805  for current teachers who choose not to teach in the charter
  806  school after conversion in accordance with the existing
  807  collective bargaining agreement or district school board rule in
  808  the absence of a collective bargaining agreement. However,
  809  alternative arrangements shall not be required for current
  810  teachers who choose not to teach in a charter lab school, except
  811  as authorized by the employment policies of the state university
  812  which grants the charter to the lab school.
  813         18. Full disclosure of the identity of all relatives
  814  employed by the charter school who are related to the charter
  815  school owner, president, chairperson of the governing board of
  816  directors, superintendent, governing board member, principal,
  817  assistant principal, or any other person employed by the charter
  818  school who has equivalent decisionmaking authority. For the
  819  purpose of this subparagraph, the term “relative” means father,
  820  mother, son, daughter, brother, sister, uncle, aunt, first
  821  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  822  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  823  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  824  stepsister, half brother, or half sister.
  825         19. Implementation of the activities authorized under s.
  826  1002.331 by the charter school when it satisfies the eligibility
  827  requirements for a high-performing charter school. A high
  828  performing charter school shall notify its sponsor in writing by
  829  March 1 if it intends to increase enrollment or expand grade
  830  levels the following school year. The written notice shall
  831  specify the amount of the enrollment increase and the grade
  832  levels that will be added, as applicable.
  833         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  834  A-MUNICIPALITY.—
  835         (b) A charter school-in-the-workplace may be established
  836  when a business partner provides the school facility to be used;
  837  enrolls students based upon a random lottery that involves all
  838  of the children of employees of that business or corporation who
  839  are seeking enrollment, as provided for in subsection (10); and
  840  enrolls students according to the racial/ethnic balance
  841  provisions described in subparagraph (7)(a)8. Any portion of a
  842  facility used for a public charter school shall be exempt from
  843  ad valorem taxes, as provided for in s. 1013.54, for the
  844  duration of its use as a public school.
  845         (c) A charter school-in-a-municipality designation may be
  846  granted to a municipality that possesses a charter; enrolls
  847  students based upon a random lottery that involves all of the
  848  children of the residents of that municipality who are seeking
  849  enrollment, as provided for in subsection (10); and enrolls
  850  students according to the racial/ethnic balance provisions
  851  described in subparagraph (7)(a)8. When a municipality has
  852  submitted charter applications for the establishment of a
  853  charter school feeder pattern, consisting of elementary, middle,
  854  and senior high schools, and each individual charter application
  855  is approved by the district school board, such schools shall
  856  then be designated as one charter school for all purposes listed
  857  pursuant to this section. Any portion of the land and facility
  858  used for a public charter school shall be exempt from ad valorem
  859  taxes, as provided for in s. 1013.54, for the duration of its
  860  use as a public school.
  861         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  862  SCHOOL SYSTEMS.—A charter school system’s governing board system
  863  shall be designated a local educational agency for the purpose
  864  of receiving federal funds, the same as though the charter
  865  school system were a school district, if the governing board of
  866  the charter school system has adopted and filed a resolution
  867  with its sponsoring district school board and the Department of
  868  Education in which the governing board of the charter school
  869  system accepts the full responsibility for all local education
  870  agency requirements and the charter school system meets all of
  871  the following:
  872         (a) Includes both conversion charter schools and
  873  nonconversion charter schools;
  874         (b) Has all schools located in the same county;
  875         (c) Has a total enrollment exceeding the total enrollment
  876  of at least one school district in the state;
  877         (d) Has the same governing board; and
  878         (e) Does not contract with a for-profit service provider
  879  for management of school operations.
  880  
  881  Such designation does not apply to other provisions unless
  882  specifically provided in law.
  883         Section 27. Paragraph (g) of subsection (4) and paragraph
  884  (d) of subsection (6) of section 1002.34, Florida Statutes, are
  885  amended to read:
  886         1002.34 Charter technical career centers.—
  887         (4) CHARTER.—A sponsor may designate centers as provided in
  888  this section. An application to establish a center may be
  889  submitted by a sponsor or another organization that is
  890  determined, by rule of the State Board of Education, to be
  891  appropriate. However, an independent school is not eligible for
  892  status as a center. The charter must be signed by the governing
  893  body of the center and the sponsor and must be approved by the
  894  district school board and Florida College System institution
  895  board of trustees in whose geographic region the facility is
  896  located. If a charter technical career center is established by
  897  the conversion to charter status of a public technical center
  898  formerly governed by a district school board, the charter status
  899  of that center takes precedence in any question of governance.
  900  The governance of the center or of any program within the center
  901  remains with its board of directors unless the board agrees to a
  902  change in governance or its charter is revoked as provided in
  903  subsection (15). Such a conversion charter technical career
  904  center is not affected by a change in the governance of public
  905  technical centers or of programs within other centers that are
  906  or have been governed by district school boards. A charter
  907  technical career center, or any program within such a center,
  908  that was governed by a district school board and transferred to
  909  a Florida College System institution prior to the effective date
  910  of this act is not affected by this provision. An applicant who
  911  wishes to establish a center must submit to the district school
  912  board or Florida College System institution board of trustees,
  913  or a consortium of one or more of each, an application on a form
  914  developed by the Department of Education which includes:
  915         (g) A method for determining whether a student has
  916  satisfied the requirements for graduation specified in s.
  917  1002.3105(5), s. 1003.4281, or s. 1003.4282 1003.428 or s.
  918  1003.429 and for completion of a postsecondary certificate or
  919  degree.
  920  
  921  Students at a center must meet the same testing and academic
  922  performance standards as those established by law and rule for
  923  students at public schools and public technical centers. The
  924  students must also meet any additional assessment indicators
  925  that are included within the charter approved by the district
  926  school board or Florida College System institution board of
  927  trustees.
  928         (6) SPONSOR.—A district school board or Florida College
  929  System institution board of trustees or a consortium of one or
  930  more of each may sponsor a center in the county in which the
  931  board has jurisdiction.
  932         (d)1. The Department of Education shall offer or arrange
  933  for training and technical assistance to centers which must
  934  include applicants in developing and amending business plans,
  935  and estimating and accounting for costs and income, complying
  936  with state and federal grant and student performance
  937  accountability reporting requirements, implementing good
  938  business practices. This assistance shall address estimating
  939  startup costs, projecting enrollment, and identifying the types
  940  and amounts of state and federal financial aid assistance the
  941  center may be eligible to receive. The training shall include
  942  instruction in accurate financial planning and good business
  943  practices.
  944         2. An applicant must participate in the training provided
  945  by the department after approval of its of Education before
  946  filing an application but at least 30 days before the first day
  947  of classes at the center. The department of Education may
  948  provide technical assistance to an applicant upon written
  949  request.
  950         Section 28. Paragraphs (a) and (b) of subsection (1) and
  951  subsection (3) of section 1002.345, Florida Statutes, are
  952  amended to read:
  953         1002.345 Determination of deteriorating financial
  954  conditions and financial emergencies for charter schools and
  955  charter technical career centers.—This section applies to
  956  charter schools operating pursuant to s. 1002.33 and to charter
  957  technical career centers operating pursuant to s. 1002.34.
  958         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  959         (a) A charter school or a charter technical career center
  960  is subject to an expedited review by the sponsor if one of the
  961  following occurs:
  962         1. Failure to provide for an audit required by s. 218.39.
  963         2. Failure to comply with reporting requirements pursuant
  964  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  965         3. A deteriorating financial condition identified through
  966  an annual audit pursuant to s. 218.39(5), or a monthly financial
  967  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  968  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  969  “Deteriorating financial condition” means a circumstance that
  970  significantly impairs the ability of a charter school or a
  971  charter technical career center to generate enough revenues to
  972  meet its expenditures without causing the occurrence of a
  973  condition described in s. 218.503(1).
  974         4. Notification pursuant to s. 218.503(2) that one or more
  975  of the conditions specified in s. 218.503(1) have occurred or
  976  will occur if action is not taken to assist the charter school
  977  or charter technical career center.
  978         (b) A sponsor shall notify the governing board and the
  979  Commissioner of Education within 7 business days after one or
  980  more of the conditions specified in paragraph (a) occur.
  981         (3) REPORT.—The Commissioner of Education shall annually
  982  report to the State Board of Education each charter school and
  983  charter technical career center that is subject to a financial
  984  recovery plan or a corrective action plan under this section.
  985         Section 29. Paragraph (a) of subsection (2) of section
  986  1002.39, Florida Statutes, is amended to read:
  987         1002.39 The John M. McKay Scholarships for Students with
  988  Disabilities Program.—There is established a program that is
  989  separate and distinct from the Opportunity Scholarship Program
  990  and is named the John M. McKay Scholarships for Students with
  991  Disabilities Program.
  992         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  993  student with a disability may request and receive from the state
  994  a John M. McKay Scholarship for the child to enroll in and
  995  attend a private school in accordance with this section if:
  996         (a) The student has:
  997         1. Received specialized instructional services under the
  998  Voluntary Prekindergarten Education Program pursuant to s.
  999  1002.66 during the previous school year and the student has a
 1000  current individual educational plan developed by the local
 1001  school board in accordance with rules of the State Board of
 1002  Education for the John M. McKay Scholarships for Students with
 1003  Disabilities Program or a 504 accommodation plan has been issued
 1004  under s. 504 of the Rehabilitation Act of 1973; or
 1005         2. Spent the prior school year in attendance at a Florida
 1006  public school or the Florida School for the Deaf and the Blind.
 1007  For purposes of this subparagraph, prior school year in
 1008  attendance means that the student was enrolled and reported by:
 1009         a. A school district for funding during the preceding
 1010  October and February Florida Education Finance Program surveys
 1011  in kindergarten through grade 12, which includes time spent in a
 1012  Department of Juvenile Justice commitment program if funded
 1013  under the Florida Education Finance Program;
 1014         b.  The Florida School for the Deaf and the Blind during
 1015  the preceding October and February student membership surveys in
 1016  kindergarten through grade 12; or
 1017         c.  A school district for funding during the preceding
 1018  October and February Florida Education Finance Program surveys,
 1019  was at least 4 years of age when so enrolled and reported, and
 1020  was eligible for services under s. 1003.21(1)(e); or
 1021         3. Been enrolled and reported by a school district for
 1022  funding, during the October and February Florida Education
 1023  Finance Program surveys, in any of the 5 years prior to the
 1024  2010-2011 fiscal year; has a current individualized educational
 1025  plan developed by the district school board in accordance with
 1026  rules of the State Board of Education for the John M. McKay
 1027  Scholarship Program no later than June 30, 2011; and receives a
 1028  first-time John M. McKay scholarship for the 2011-2012 school
 1029  year. Upon request of the parent, the local school district
 1030  shall complete a matrix of services as required in subparagraph
 1031  (5)(b)1. for a student requesting a current individualized
 1032  educational plan in accordance with the provisions of this
 1033  subparagraph.
 1034  
 1035  However, a dependent child of a member of the United States
 1036  Armed Forces who transfers to a school in this state from out of
 1037  state or from a foreign country due to a parent’s permanent
 1038  change of station orders is exempt from this paragraph but must
 1039  meet all other eligibility requirements to participate in the
 1040  program.
 1041         Section 30. Subsection (5) of section 1002.41, Florida
 1042  Statutes, is amended to read:
 1043         1002.41 Home education programs.—
 1044         (5) Home education students may participate in the Bright
 1045  Futures Scholarship Program in accordance with the provisions of
 1046  ss. 1009.53-1009.538 1009.53-1009.539.
 1047         Section 31. Section 1002.415, Florida Statutes, is
 1048  repealed.
 1049         Section 32. Paragraph (b) of subsection (4) and subsection
 1050  (10) of section 1002.45, Florida Statutes, are amended to read:
 1051         1002.45 Virtual instruction programs.—
 1052         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
 1053  provider must at minimum:
 1054         (b) Provide a method for determining that a student has
 1055  satisfied the requirements for graduation in s. 1002.3105(5), s.
 1056  1003.4281, 1003.428 or s. 1003.4282 if the contract is for the
 1057  provision of a full-time virtual instruction program to students
 1058  in grades 9 through 12.
 1059         (10) MARKETING.—Each school district shall provide
 1060  information to parents and students about the parent’s and
 1061  student’s right to participate in a virtual instruction program
 1062  under this section and in courses offered by the Florida Virtual
 1063  School under s. 1002.37.
 1064         Section 33. Paragraph (c) of subsection (2) of section
 1065  1002.455, Florida Statutes, is amended to read:
 1066         1002.455 Student eligibility for K-12 virtual instruction.—
 1067         (2) A student is eligible to participate in virtual
 1068  instruction if:
 1069         (c) The student was enrolled during the prior school year
 1070  in a virtual instruction program under s. 1002.45, the K-8
 1071  Virtual School Program under s. 1002.415, or a full-time Florida
 1072  Virtual School program under s. 1002.37(8)(a);
 1073         Section 34. Section 1002.65, Florida Statutes, is repealed.
 1074         Section 35. Subsection (14) of section 1003.01, Florida
 1075  Statutes, is amended to read:
 1076         1003.01 Definitions.—As used in this chapter, the term:
 1077         (14) “Core-curricula courses” means:
 1078         (a) Courses in language arts/reading, mathematics, social
 1079  studies, and science in prekindergarten through grade 3,
 1080  excluding any extracurricular courses pursuant to subsection
 1081  (15);
 1082         (b) Courses in grades 4 through 8 in subjects that are
 1083  measured by state assessment at any grade level and courses
 1084  required for middle school promotion, excluding any
 1085  extracurricular courses pursuant to subsection (15);
 1086         (c) Courses in grades 9 through 12 in subjects that are
 1087  measured by state assessment at any grade level and courses that
 1088  are specifically identified by name in statute as required for
 1089  high school graduation and that are not measured by state
 1090  assessment, excluding any extracurricular courses pursuant to
 1091  subsection (15);
 1092         (d) Exceptional student education courses; and
 1093         (e) English for Speakers of Other Languages courses.
 1094  
 1095  The term is limited in meaning and used for the sole purpose of
 1096  designating classes that are subject to the maximum class size
 1097  requirements established in s. 1, Art. IX of the State
 1098  Constitution. This term does not include courses offered under
 1099  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415,
 1100  1002.45, and 1003.499.
 1101         Section 36. Paragraph (d) of subsection (1) of section
 1102  1003.02, Florida Statutes, is amended to read:
 1103         1003.02 District school board operation and control of
 1104  public K-12 education within the school district.—As provided in
 1105  part II of chapter 1001, district school boards are
 1106  constitutionally and statutorily charged with the operation and
 1107  control of public K-12 education within their school district.
 1108  The district school boards must establish, organize, and operate
 1109  their public K-12 schools and educational programs, employees,
 1110  and facilities. Their responsibilities include staff
 1111  development, public K-12 school student education including
 1112  education for exceptional students and students in juvenile
 1113  justice programs, special programs, adult education programs,
 1114  and career education programs. Additionally, district school
 1115  boards must:
 1116         (1) Provide for the proper accounting for all students of
 1117  school age, for the attendance and control of students at
 1118  school, and for proper attention to health, safety, and other
 1119  matters relating to the welfare of students in the following
 1120  fields:
 1121         (d) Courses of study and instructional materials.—
 1122         1. Provide adequate instructional materials for all
 1123  students as follows and in accordance with the requirements of
 1124  chapter 1006, in the core courses of mathematics, language arts,
 1125  social studies, science, reading, and literature, except for
 1126  instruction for which the school advisory council approves the
 1127  use of a program that does not include a textbook as a major
 1128  tool of instruction.
 1129         2. Adopt courses of study for use in the schools of the
 1130  district.
 1131         3. Provide for proper requisitioning, distribution,
 1132  accounting, storage, care, and use of all instructional
 1133  materials as may be needed, and ensure that instructional
 1134  materials used in the district are consistent with the district
 1135  goals and objectives and the course descriptions curriculum
 1136  frameworks approved by the State Board of Education, as well as
 1137  with the state and school district performance standards
 1138  required by law and state board rule.
 1139         Section 37. Paragraph (c) of subsection (3) and subsection
 1140  (6) of section 1003.03, Florida Statutes, are amended to read:
 1141         1003.03 Maximum class size.—
 1142         (3) IMPLEMENTATION OPTIONS.—District school boards must
 1143  consider, but are not limited to, implementing the following
 1144  items in order to meet the constitutional class size maximums
 1145  described in subsection (1):
 1146         (c)1. Repeal district school board policies that require
 1147  students to earn more than the 24 credits required under s.
 1148  1003.428 to graduate from high school.
 1149         2. Implement the early graduation options option provided
 1150  in ss. 1002.3105(5) and s. 1003.4281.
 1151         (6) COURSES FOR COMPLIANCE.—Consistent with s. the
 1152  provisions in ss. 1003.01(14) and 1003.428, the Department of
 1153  Education shall identify from the Course Code Directory the
 1154  core-curricula courses for the purpose of satisfying the maximum
 1155  class size requirement in this section. The department may adopt
 1156  rules to implement this subsection, if necessary.
 1157         Section 38. Subsection (3) of section 1003.41, Florida
 1158  Statutes, is amended to read:
 1159         1003.41 Next Generation Sunshine State Standards.—
 1160         (3) The Commissioner of Education, as needed, shall develop
 1161  and submit proposed revisions to the standards for review and
 1162  comment by Florida educators, school administrators,
 1163  representatives of the Florida College System institutions and
 1164  state universities who have expertise in the content knowledge
 1165  and skills necessary to prepare a student for postsecondary
 1166  education and careers, business and industry leaders, and the
 1167  public. The commissioner, after considering reviews and
 1168  comments, shall submit the proposed revisions to the State Board
 1169  of Education for adoption. In addition, the commissioner shall
 1170  prepare an analysis of the costs associated with implementing a
 1171  separate, one-half credit course in financial literacy,
 1172  including estimated costs for instructional personnel, training,
 1173  and the development or purchase of instructional materials. The
 1174  commissioner shall work with one or more nonprofit organizations
 1175  with proven expertise in the area of personal finance, consider
 1176  free resources that can be utilized for instructional materials,
 1177  and provide data on the implementation of such a course in other
 1178  states. The commissioner shall provide the cost analysis to the
 1179  President of the Senate and the Speaker of the House of
 1180  Representatives by October 1, 2013.
 1181         Section 39. Paragraphs (b) and (c) of subsection (1) and
 1182  subsections (2) and (3) of section 1003.4156, Florida Statutes,
 1183  are amended to read:
 1184         1003.4156 General requirements for middle grades
 1185  promotion.—
 1186         (1) In order for a student to be promoted to high school
 1187  from a school that includes middle grades 6, 7, and 8, the
 1188  student must successfully complete the following courses:
 1189         (b) Three middle grades or higher courses in mathematics.
 1190  Each school that includes middle grades must offer at least one
 1191  high school level mathematics course for which students may earn
 1192  high school credit. Successful completion of a high school level
 1193  Algebra I or Geometry course is not contingent upon the
 1194  student’s performance on the statewide, standardized end-of
 1195  course (EOC) assessment or, upon transition to common core
 1196  assessments, the common core Algebra I or geometry assessments
 1197  required under s. 1008.22. However, beginning with the 2011-2012
 1198  school year, To earn high school credit for Algebra I, a middle
 1199  grades student must take the statewide, standardized Algebra I
 1200  EOC assessment and pass the course, and in addition, beginning
 1201  with the 2013-2014 school year and thereafter, a student’s
 1202  performance on the Algebra I EOC assessment constitutes 30
 1203  percent of the student’s final course grade. pass the Algebra I
 1204  statewide, standardized assessment, and beginning with the 2012
 1205  2013 school year, To earn high school credit for a Geometry
 1206  course, a middle grades student must take the statewide,
 1207  standardized Geometry EOC assessment, which constitutes 30
 1208  percent of the student’s final course grade, and earn a passing
 1209  grade in the course.
 1210         (c) Three middle grades or higher courses in social
 1211  studies. Beginning with students entering grade 6 in the 2012
 1212  2013 school year, one of these courses must be at least a one
 1213  semester civics education course that includes the roles and
 1214  responsibilities of federal, state, and local governments; the
 1215  structures and functions of the legislative, executive, and
 1216  judicial branches of government; and the meaning and
 1217  significance of historic documents, such as the Articles of
 1218  Confederation, the Declaration of Independence, and the
 1219  Constitution of the United States. Beginning with the 2013-2014
 1220  school year, each student’s performance on the statewide,
 1221  standardized EOC assessment in civics education required under
 1222  s. 1008.22 constitutes 30 percent of the student’s final course
 1223  grade. A middle grades student who transfers into the state’s
 1224  public school system from out of country, out of state, a
 1225  private school, or a home education program after the beginning
 1226  of the second term of grade 8 is not required to meet the civics
 1227  education requirement for promotion from the middle grades if
 1228  the student’s transcript documents passage of three courses in
 1229  social studies or two year-long courses in social studies that
 1230  include coverage of civics education.
 1231  
 1232  Each school must inform parents about the course curriculum and
 1233  activities. Each student shall complete a personal education
 1234  plan that must be signed by the student and the student’s
 1235  parent. The Department of Education shall develop course
 1236  frameworks and professional development materials for the career
 1237  and education planning course. The course may be implemented as
 1238  a stand-alone course or integrated into another course or
 1239  courses. The Commissioner of Education shall collect
 1240  longitudinal high school course enrollment data by student
 1241  ethnicity in order to analyze course-taking patterns.
 1242         (2) If a middle grades student scores Level l or Level 2 on
 1243  the statewide, standardized FCAT Reading assessment or, when
 1244  implemented, the state transitions to common core assessments on
 1245  the English Language Arts (ELA) assessment assessments required
 1246  under s. 1008.22, the following year the student must enroll in
 1247  and complete a remedial course or a content area course in which
 1248  remediation strategies are incorporated into course content
 1249  delivery. The department shall provide guidance on appropriate
 1250  strategies for diagnosing and meeting the varying instructional
 1251  needs of students performing below grade level.
 1252         (3) If a middle grades student scores Level 1 or Level 2 on
 1253  the statewide, standardized FCAT Mathematics assessment or, when
 1254  the state transitions to common core assessments, on the
 1255  mathematics common core assessments required under s. 1008.22,
 1256  the following year the student must receive remediation, which
 1257  may be integrated into the student’s required mathematics
 1258  courses.
 1259         Section 40. Section 1003.428, Florida Statutes, is
 1260  repealed.
 1261         Section 41. Subsection (1) of section 1003.4281, Florida
 1262  Statutes, is amended to read:
 1263         1003.4281 Early high school graduation.—
 1264         (1) The purpose of this section is to provide a student the
 1265  option of early graduation and receipt of a standard high school
 1266  diploma if the student earns 24 credits and meets the graduation
 1267  requirements set forth in s. 1003.428 or s. 1003.4282, as
 1268  applicable. For purposes of this section, the term “early
 1269  graduation” means graduation from high school in less than 8
 1270  semesters or the equivalent.
 1271         Section 42. Paragraphs (a), (b), (c), and (f) of subsection
 1272  (3), subsections (4), (5), (7), and (8), and paragraphs (a) and
 1273  (c) of subsection (9) of section 1003.4282, Florida Statutes,
 1274  are amended, subsection (10) is renumbered as subsection (11),
 1275  and a new subsection (10) is added to that section, to read:
 1276         1003.4282 Requirements for a standard high school diploma.—
 1277         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1278  REQUIREMENTS.—
 1279         (a) Four credits in English Language Arts (ELA).—The four
 1280  credits must be in ELA I, II, III, and IV. A student must pass
 1281  the statewide, standardized 10th grade 10 FCAT Reading
 1282  assessment or, when implemented, the until the state transitions
 1283  to a common core 10th grade 10 ELA assessment, or earn a
 1284  concordant score, after which time a student must pass the ELA
 1285  assessment in order to earn a standard high school diploma.
 1286         (b) Four credits in mathematics.—A student must earn one
 1287  credit in Algebra I and one credit in Geometry. A student’s
 1288  performance on the statewide, standardized Algebra I end-of
 1289  course (EOC) assessment or common core assessment, as
 1290  applicable, constitutes 30 percent of the student’s final course
 1291  grade. A student must pass the statewide, standardized Algebra I
 1292  EOC assessment, or earn a comparative score, until the state
 1293  transitions to a common core Algebra I assessment after which
 1294  time a student must pass the common core assessment in order to
 1295  earn a standard high school diploma. A student’s performance on
 1296  the statewide, standardized Geometry EOC assessment or common
 1297  core assessment, as applicable, constitutes 30 percent of the
 1298  student’s final course grade. If When the state administers a
 1299  statewide, standardized common core Algebra II assessment, a
 1300  student selecting Algebra II must take the assessment, and the
 1301  student’s performance on the assessment constitutes 30 percent
 1302  of the student’s final course grade. A student who earns an
 1303  industry certification for which there is a statewide college
 1304  credit articulation agreement approved by the State Board of
 1305  Education may substitute the certification for one mathematics
 1306  credit. Substitution may occur for up to two mathematics
 1307  credits, except for Algebra I and Geometry. Industry
 1308  certification courses that lead to college credit may substitute
 1309  for up to two math credits.
 1310         (c) Three credits in science.—Two of the three required
 1311  credits must have a laboratory component. A student must earn
 1312  one credit in Biology I and two credits in equally rigorous
 1313  courses. The statewide, standardized Biology I EOC assessment
 1314  constitutes 30 percent of the student’s final course grade. A
 1315  student who earns an industry certification for which there is a
 1316  statewide college credit articulation agreement approved by the
 1317  State Board of Education may substitute the certification for
 1318  one science credit, except for Biology I. Industry certification
 1319  courses that lead to college credit may substitute for up to one
 1320  science credit.
 1321         (f) One credit in physical education.—Physical education
 1322  must include the integration of health. Participation in an
 1323  interscholastic sport at the junior varsity or varsity level for
 1324  two full seasons shall satisfy the one-credit requirement in
 1325  physical education if the student passes a competency test on
 1326  personal fitness with a score of “C” or better. The competency
 1327  test on personal fitness developed by the Department of
 1328  Education must be used. A district school board may not require
 1329  that the one credit in physical education be taken during the
 1330  9th grade year. Completion of one semester with a grade of “C”
 1331  or better in a marching band class, in a physical activity class
 1332  that requires participation in marching band activities as an
 1333  extracurricular activity, or in a dance class shall satisfy one
 1334  half credit in physical education or one-half credit in
 1335  performing arts. This credit may not be used to satisfy the
 1336  personal fitness requirement or the requirement for adaptive
 1337  physical education under an individual education plan (IEP) or
 1338  504 plan. Completion of 2 years in a Reserve Officer Training
 1339  Corps (R.O.T.C.) class, a significant component of which is
 1340  drills, shall satisfy the one–credit requirement in physical
 1341  education and the one-credit requirement in performing arts.
 1342  This credit may not be used to satisfy the personal fitness
 1343  requirement or the requirement for adaptive physical education
 1344  under an IEP or 504 plan. This requirement is subject to all of
 1345  the provisions in s. 1003.428(2)(a)6.
 1346         (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education
 1347  course, At least one course within the 24 credits required under
 1348  this section must be completed through online learning.
 1349  Beginning with students entering grade 9 in the 2013-2014 school
 1350  year, the required online course may not be a driver education
 1351  course. A school district may not require a student to take the
 1352  online course outside the school day or in addition to a
 1353  student’s courses for a given semester. An online course taken
 1354  in grade 6, grade 7, or grade 8 fulfills this requirement. This
 1355  requirement is met through an online course offered by the
 1356  Florida Virtual School, a virtual education provider approved by
 1357  the State Board of Education, a high school, or an online dual
 1358  enrollment course. A student who is enrolled in a full-time or
 1359  part-time virtual instruction program under s. 1002.45 meets
 1360  this requirement. This requirement does not apply to a student
 1361  who has an individual education plan under s. 1003.57 which
 1362  indicates that an online course would be inappropriate or to an
 1363  out-of-state transfer student who is enrolled in a Florida high
 1364  school and has 1 academic year or less remaining in high school.
 1365         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
 1366         (a) Each year a student scores Level 1 or Level 2 on the
 1367  statewide, standardized 9th grade 9 or 10th grade 10 FCAT
 1368  Reading assessment or, when implemented, the 9th grade 9, 10th
 1369  grade 10, or 11th grade 11 ELA assessment common core English
 1370  Language Arts (ELA) assessments, the student must be enrolled in
 1371  and complete an intensive remedial course the following year or
 1372  be placed in a content area course that includes remediation of
 1373  skills not acquired by the student.
 1374         (b) Each year a student scores Level 1 or Level 2 on the
 1375  statewide, standardized Algebra I EOC assessment, or upon
 1376  transition to the common core Algebra I assessment, the student
 1377  must be enrolled in and complete an intensive remedial course
 1378  the following year or be placed in a content area course that
 1379  includes remediation of skills not acquired by the student.
 1380         (7) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
 1381         (a) A student who earns a cumulative grade point average
 1382  (GPA) of 2.0 on a 4.0 scale and meets the requirements of this
 1383  section or s. 1002.3105(5) shall be awarded a standard high
 1384  school diploma in a form prescribed by the State Board of
 1385  Education.
 1386         (b) An adult student in an adult general education program
 1387  as provided under s. 1004.93 shall be awarded a standard high
 1388  school diploma if the student meets the requirements of this
 1389  section or s. 1002.3105(5), except that:
 1390         1. One elective credit may be substituted for the one
 1391  credit requirement in fine or performing arts, speech and
 1392  debate, or practical arts.
 1393         2. The requirement that two of the science credits include
 1394  a laboratory component may be waived by the district school
 1395  board.
 1396         3. The one credit in physical education may be substituted
 1397  with an elective credit. Notwithstanding any other law to the
 1398  contrary, all students enrolled in high school as of the 2012
 1399  2013 school year who earned a passing grade in Biology I or
 1400  geometry before the 2013-2014 school year shall be awarded a
 1401  credit in that course if the student passed the course. The
 1402  student’s performance on the EOC assessment is not required to
 1403  constitute 30 percent of the student’s final course grade.
 1404         (c) A student who earns fails to earn the required 24
 1405  credits, or the required 18 credits under s. 1002.3105(5), but
 1406  fails to pass the assessments required under s. 1008.22(3) or
 1407  achieve a 2.0 GPA shall be awarded a certificate of completion
 1408  in a form prescribed by the State Board of Education. However, a
 1409  student who is otherwise entitled to a certificate of completion
 1410  may elect to remain in high school either as a full-time student
 1411  or a part-time student for up to 1 additional year and receive
 1412  special instruction designed to remedy his or her identified
 1413  deficiencies.
 1414         (8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
 1415  the 2012-2013 school year, if a student transfers to a Florida
 1416  public high school from out of country, out of state, a private
 1417  school, or a home education program and the student’s transcript
 1418  shows a mathematics credit in Algebra I a course that requires
 1419  passage of a statewide, standardized assessment in order to earn
 1420  a standard high school diploma, the student must pass the
 1421  statewide, standardized Algebra I EOC assessment in order to
 1422  earn a standard high school diploma unless the student earned a
 1423  comparative score pursuant to s. 1008.22, passed a statewide
 1424  assessment in Algebra I that subject administered by the
 1425  transferring entity, or passed the statewide mathematics
 1426  assessment the transferring entity uses to satisfy the
 1427  requirements of the Elementary and Secondary Education Act, 20
 1428  U.S.C. s. 6301. If a student’s transcript shows a credit in high
 1429  school reading or English Language Arts II or III, in order to
 1430  earn a standard high school diploma, the student must take and
 1431  pass the statewide, standardized grade 10 FCAT Reading
 1432  assessment or, when implemented, the grade 10 ELA assessment, or
 1433  earn a concordant score on the SAT or ACT as specified by state
 1434  board rule or, when the state transitions to common core English
 1435  Language Arts assessments, earn a passing score on the English
 1436  Language Arts assessment as required under this section. If a
 1437  transfer student’s transcript shows a final course grade and
 1438  course credit in Algebra I, Geometry, Biology I, or United
 1439  States History, the transferring course final grade and credit
 1440  shall be honored without the student taking the requisite
 1441  statewide, standardized EOC assessment and without the
 1442  assessment results constituting 30 percent of the student’s
 1443  final course grade.
 1444         (9) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL
 1445  CREDIT REQUIREMENTS.—
 1446         (a) Participation in career education courses engages
 1447  students in their high school education, increases academic
 1448  achievement, enhances employability, and increases postsecondary
 1449  success. By July 1, 2014, the department shall develop, for
 1450  approval by the State Board of Education, multiple, additional
 1451  career education courses or a series of courses that meet the
 1452  requirements set forth in s. 1003.493(2), (4), and (5) and this
 1453  subsection and allow students to earn credit in both the career
 1454  education course and courses required for high school graduation
 1455  under this section and s. ss. 1003.428 and 1003.4281.
 1456         1. The state board must determine if sufficient academic
 1457  standards are covered to warrant the award of academic credit.
 1458         2. Career education courses must include workforce and
 1459  digital literacy skills and the integration of required course
 1460  content with practical applications and designated rigorous
 1461  coursework that results in one or more industry certifications
 1462  or clearly articulated credit or advanced standing in a 2-year
 1463  or 4-year certificate or degree program, which may include high
 1464  school junior and senior year work-related internships or
 1465  apprenticeships. The department shall negotiate state licenses
 1466  for material and testing for industry certifications. The
 1467  instructional methodology used in these courses must be
 1468  comprised of authentic projects, problems, and activities for
 1469  contextually learning the academics.
 1470         (c) Regional consortium service organizations established
 1471  pursuant to s. 1001.451 shall work with school districts, local
 1472  workforce boards, postsecondary institutions, and local business
 1473  and industry leaders to create career education courses that
 1474  meet the requirements set forth in s. 1003.493(2), (4), and (5)
 1475  and this subsection that students can take to earn required high
 1476  school course credits. The regional consortium shall submit
 1477  course recommendations to the department, on behalf of the
 1478  consortium member districts, for state board approval. A strong
 1479  emphasis should be placed on online coursework, digital
 1480  literacy, and workforce literacy as defined in s. 1004.02(26)
 1481  1004.02(27). For purposes of providing students the opportunity
 1482  to earn industry certifications, consortiums must secure the
 1483  necessary site licenses and testing contracts for use by member
 1484  districts.
 1485         (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 1486  requirements of this section, in addition to applying to
 1487  students entering grade 9 in the 2013-2014 school year and
 1488  thereafter, shall also apply to students entering grade 9 before
 1489  the 2013-2014 school year, except as otherwise provided in this
 1490  subsection.
 1491         (a) A student entering grade 9 before the 2010-2011 school
 1492  year must earn:
 1493         1. Four credits in English/ELA. A student must pass the
 1494  statewide, standardized grade 10 Reading assessment, or earn a
 1495  concordant score, in order to graduate with a standard high
 1496  school diploma.
 1497         2. Four credits in mathematics, which must include Algebra
 1498  I. A student must pass grade 10 FCAT Mathematics, or earn a
 1499  concordant score, in order to graduate with a standard high
 1500  school diploma. A student who takes Algebra I or Geometry after
 1501  the 2010-2011 school year must take the statewide, standardized
 1502  EOC assessment for the course but is not required to pass the
 1503  assessment in order to earn course credit. A student’s
 1504  performance on the Algebra I or Geometry EOC assessment is not
 1505  required to constitute 30 percent of the student’s final course
 1506  grade. A student who earns an industry certification for which
 1507  there is a statewide college credit articulation agreement
 1508  approved by the State Board of Education may substitute the
 1509  certification for one mathematics credit. Substitution may occur
 1510  for up to two mathematics credits, except for Algebra I.
 1511         3. Three credits in science, two of which must have a
 1512  laboratory component. A student who takes Biology I after the
 1513  2010-2011 school year must take the statewide, standardized
 1514  Biology I EOC assessment but is not required to pass the
 1515  assessment in order to earn course credit. A student’s
 1516  performance on the assessment is not required to constitute 30
 1517  percent of the student’s final course grade. A student who earns
 1518  an industry certification for which there is a statewide college
 1519  credit articulation agreement approved by the State Board of
 1520  Education may substitute the certification for one science
 1521  credit.
 1522         4. Three credits in social studies of which one credit in
 1523  World History, one credit in United States History, one-half
 1524  credit in United States Government, and one-half credit in
 1525  economics is required. A student who takes United States History
 1526  after the 2011-2012 school year must take the statewide,
 1527  standardized United States History EOC assessment but the
 1528  student’s performance on the assessment is not required to
 1529  constitute 30 percent of the student’s final course grade.
 1530         5. One credit in fine or performing arts, speech and
 1531  debate, or practical arts as provided in paragraph (3)(e).
 1532         6. One credit in physical education as provided in
 1533  paragraph (3)(f).
 1534         7. Eight credits in electives.
 1535         (b) A student entering grade 9 in the 2010-2011 school year
 1536  must earn:
 1537         1. Four credits in English/ELA. A student must pass the
 1538  statewide, standardized grade 10 Reading assessment, or earn a
 1539  concordant score, in order to graduate with a standard high
 1540  school diploma.
 1541         2. Four credits in mathematics, which must include Algebra
 1542  I and Geometry. The statewide, standardized Algebra I EOC
 1543  assessment constitutes 30 percent of the student’s final course
 1544  grade. A student who takes Algebra I or Geometry after the 2010
 1545  2011 school year must take the statewide, standardized EOC
 1546  assessment for the course but is not required to pass the
 1547  assessment in order to earn course credit. A student’s
 1548  performance on the Geometry EOC assessment is not required to
 1549  constitute 30 percent of the student’s final course grade. A
 1550  student who earns an industry certification for which there is a
 1551  statewide college credit articulation agreement approved by the
 1552  State Board of Education may substitute the certification for
 1553  one mathematics credit. Substitution may occur for up to two
 1554  mathematics credits, except for Algebra I and Geometry.
 1555         3. Three credits in science, two of which must have a
 1556  laboratory component. A student who takes Biology I after the
 1557  2010-2011 school year must take the statewide, standardized
 1558  Biology I EOC assessment but is not required to pass the
 1559  assessment in order to earn course credit. A student’s
 1560  performance on the assessment is not required to constitute 30
 1561  percent of the student’s final course grade. A student who earns
 1562  an industry certification for which there is a statewide college
 1563  credit articulation agreement approved by the State Board of
 1564  Education may substitute the certification for one science
 1565  credit, except for Biology I.
 1566         4. Three credits in social studies of which one credit in
 1567  World History, one credit in United States History, one-half
 1568  credit in United States Government, and one-half credit in
 1569  economics is required. A student who takes United States History
 1570  after the 2011-2012 school year must take the statewide,
 1571  standardized United States History EOC assessment but the
 1572  student’s performance on the assessment is not required to
 1573  constitute 30 percent of the student’s final course grade.
 1574         5. One credit in fine or performing arts, speech and
 1575  debate, or practical arts as provided in paragraph (3)(e).
 1576         6. One credit in physical education as provided in
 1577  paragraph (3)(f).
 1578         7. Eight credits in electives.
 1579         (c) A student entering grade 9 in the 2011-2012 school year
 1580  must earn:
 1581         1. Four credits in English/ELA. A student must pass the
 1582  statewide, standardized grade 10 Reading assessment, or earn a
 1583  concordant score, in order to graduate with a standard high
 1584  school diploma.
 1585         2. Four credits in mathematics, which must include Algebra
 1586  I and Geometry. A student who takes Algebra I after the 2010
 1587  2011 school year must pass the statewide, standardized Algebra I
 1588  EOC assessment, or earn a comparative score, in order to earn a
 1589  standard high school diploma. A student who takes Algebra I or
 1590  Geometry after the 2010-2011 school year must take the
 1591  statewide, standardized EOC assessment but is not required to
 1592  pass the Algebra I or Geometry EOC assessment in order to earn
 1593  course credit. A student’s performance on the Algebra I or
 1594  Geometry EOC assessment is not required to constitute 30 percent
 1595  of the student’s final course grade. A student who earns an
 1596  industry certification for which there is a statewide college
 1597  credit articulation agreement approved by the State Board of
 1598  Education may substitute the certification for one mathematics
 1599  credit. Substitution may occur for up to two mathematics
 1600  credits, except for Algebra I and Geometry.
 1601         3. Three credits in science, two of which must have a
 1602  laboratory component. One of the science credits must be Biology
 1603  I. A student who takes Biology I after the 2010-2011 school year
 1604  must take the statewide, standardized Biology I EOC assessment
 1605  but is not required to pass the assessment in order to earn
 1606  course credit. A student’s performance on the assessment is not
 1607  required to constitute 30 percent of the student’s final course
 1608  grade. A student who earns an industry certification for which
 1609  there is a statewide college credit articulation agreement
 1610  approved by the State Board of Education may substitute the
 1611  certification for one science credit, except for Biology I.
 1612         4. Three credits in social studies of which one credit in
 1613  World History, one credit in United States History, one-half
 1614  credit in United States Government, and one-half credit in
 1615  economics is required. A student who takes United States History
 1616  after the 2011-2012 school year student must take the statewide,
 1617  standardized United States History EOC assessment but the
 1618  student’s performance on the assessment is not required to
 1619  constitute 30 percent of the student’s final course grade.
 1620         5. One credit in fine or performing arts, speech and
 1621  debate, or practical arts as provided in paragraph (3)(e).
 1622         6. One credit in physical education as provided in
 1623  paragraph (3)(f).
 1624         7. Eight credits in electives.
 1625         8. One online course as provided in subsection (4).
 1626         (d) A student entering grade 9 in the 2012-2013 school year
 1627  must earn:
 1628         1. Four credits in English/ELA. A student must pass the
 1629  statewide, standardized grade 10 Reading assessment, or earn a
 1630  concordant score, in order to graduate with a standard high
 1631  school diploma.
 1632         2. Four credits in mathematics, which must include Algebra
 1633  I and Geometry. A student who takes Algebra I after the 2010
 1634  2011 school year must pass the statewide, standardized Algebra I
 1635  EOC assessment, or earn a comparative score, in order to earn a
 1636  standard high school diploma. A student who takes Geometry after
 1637  the 2010-2011 school year must take the statewide, standardized
 1638  Geometry EOC assessment. A student is not required to pass the
 1639  statewide, standardized EOC assessment in Algebra I or Geometry
 1640  in order to earn course credit. A student’s performance on the
 1641  Algebra I or Geometry EOC assessment is not required to
 1642  constitute 30 percent of the student’s final course grade. A
 1643  student who earns an industry certification for which there is a
 1644  statewide college credit articulation agreement approved by the
 1645  State Board of Education may substitute the certification for
 1646  one mathematics credit. Substitution may occur for up to two
 1647  mathematics credits, except for Algebra I and Geometry.
 1648         3. Three credits in science, two of which must have a
 1649  laboratory component. One of the science credits must be Biology
 1650  I. A student who takes Biology I after the 2010-2011 school year
 1651  must take the statewide, standardized Biology I EOC assessment
 1652  but is not required to pass the assessment to earn course
 1653  credit. A student’s performance on the assessment is not
 1654  required to constitute 30 percent of the student’s final course
 1655  grade. A student who earns an industry certification for which
 1656  there is a statewide college credit articulation agreement
 1657  approved by the State Board of Education may substitute the
 1658  certification for one science credit, except for Biology I.
 1659         4. Three credits in social studies of which one credit in
 1660  World History, one credit in United States History, one-half
 1661  credit in United States Government, and one-half credit in
 1662  economics is required. The statewide, standardized United States
 1663  History EOC assessment constitutes 30 percent of the student’s
 1664  final course grade.
 1665         5. One credit in fine or performing arts, speech and
 1666  debate, or practical arts as provided in paragraph (3)(e).
 1667         6. One credit in physical education as provided in
 1668  paragraph (3)(f).
 1669         7. Eight credits in electives.
 1670         8. One online course as provided in subsection (4).
 1671         (e) Policy adopted in rule by the district school board may
 1672  require for any cohort of students that performance on a
 1673  statewide, standardized EOC assessment constitute 30 percent of
 1674  a student’s final course grade.
 1675         (f) This subsection is repealed July 1, 2020.
 1676         Section 43. Subsection (1) of section 1003.4285, Florida
 1677  Statutes, is amended to read:
 1678         1003.4285 Standard high school diploma designations.—
 1679         (1) Each standard high school diploma shall include, as
 1680  applicable, the following designations if the student meets the
 1681  criteria set forth for the designation:
 1682         (a) Scholar designation.—In addition to the requirements of
 1683  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1684  the Scholar designation, a student must satisfy the following
 1685  requirements:
 1686         1. English Language Arts (ELA).—When implemented the state
 1687  transitions to common core assessments, pass the statewide,
 1688  standardized 11th grade 11 ELA common core assessment.
 1689         2. Mathematics.—Earn one credit in Algebra II and one
 1690  credit in statistics or an equally rigorous course. When
 1691  implemented the state transitions to common core assessments,
 1692  students must pass the statewide, standardized Algebra II common
 1693  core assessment. Beginning with students entering grade 9 in the
 1694  2014-2015 school year, a student must also pass the statewide,
 1695  standardized Geometry end-of-course (EOC) assessment.
 1696         3. Science.—Pass the statewide, standardized Biology I EOC
 1697  end-of-course assessment and earn one credit in chemistry or
 1698  physics and one credit in a course equally rigorous to chemistry
 1699  or physics. However, a student enrolled in an Advanced Placement
 1700  (AP), International Baccalaureate (IB), or Advanced
 1701  International Certificate of Education (AICE) Biology course who
 1702  takes the respective AP, IB, or AICE Biology assessment and
 1703  earns the minimum score necessary to earn college credit as
 1704  identified pursuant to s. 1007.27(2) meets the requirement of
 1705  this subparagraph without having to take the statewide,
 1706  standardized Biology I EOC assessment.
 1707         4. Social studies.—Pass the statewide, standardized United
 1708  States History EOC end-of-course assessment. However, a student
 1709  enrolled in an AP, IB, or AICE course that includes United
 1710  States History topics who takes the respective AP, IB, or AICE
 1711  assessment and earns the minimum score necessary to earn college
 1712  credit as identified pursuant to s. 1007.27(2) meets the
 1713  requirement of this subparagraph without having to take the
 1714  statewide, standardized United States History EOC assessment.
 1715         5. Foreign language.—Earn two credits in the same foreign
 1716  language.
 1717         6. Electives.—Earn at least one credit in an Advanced
 1718  Placement, an International Baccalaureate, an Advanced
 1719  International Certificate of Education, or a dual enrollment
 1720  course.
 1721         (b) Merit designation.—In addition to the requirements of
 1722  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1723  the Merit designation, a student must attain one or more
 1724  industry certifications from the list established under s.
 1725  1003.492.
 1726         Section 44. Section 1003.438, Florida Statutes, is amended
 1727  to read:
 1728         1003.438 Special high school graduation requirements for
 1729  certain exceptional students.—A student who has been identified,
 1730  in accordance with rules established by the State Board of
 1731  Education, as a student with disabilities who has an
 1732  intellectual disability; an autism spectrum disorder; a language
 1733  impairment; an orthopedic impairment; an other health
 1734  impairment; a traumatic brain injury; an emotional or behavioral
 1735  disability; a specific learning disability, including, but not
 1736  limited to, dyslexia, dyscalculia, or developmental aphasia; or
 1737  students who are deaf or hard of hearing or dual sensory
 1738  impaired shall not be required to meet all requirements of s.
 1739  1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282 and shall,
 1740  upon meeting all applicable requirements prescribed by the
 1741  district school board pursuant to s. 1008.25, be awarded a
 1742  special diploma in a form prescribed by the commissioner;
 1743  however, such special graduation requirements prescribed by the
 1744  district school board must include minimum graduation
 1745  requirements as prescribed by the commissioner. Any such student
 1746  who meets all special requirements of the district school board,
 1747  but is unable to meet the appropriate special state minimum
 1748  requirements, shall be awarded a special certificate of
 1749  completion in a form prescribed by the commissioner. However,
 1750  this section does not limit or restrict the right of an
 1751  exceptional student solely to a special diploma or special
 1752  certificate of completion. Any such student shall, upon proper
 1753  request, be afforded the opportunity to fully meet all
 1754  requirements of s. 1002.3105(5), s. 1003.4281, 1003.428 or s.
 1755  1003.4282 through the standard procedures established therein
 1756  and thereby to qualify for a standard diploma upon graduation.
 1757         Section 45. Subsection (5) of section 1003.451, Florida
 1758  Statutes, is repealed.
 1759         Section 46. Subsection (1) of section 1003.49, Florida
 1760  Statutes, is amended to read:
 1761         1003.49 Graduation and promotion requirements for publicly
 1762  operated schools.—
 1763         (1) Each state or local public agency, including the
 1764  Department of Children and Family Services, the Department of
 1765  Corrections, the boards of trustees of universities and Florida
 1766  College System institutions, and the Board of Trustees of the
 1767  Florida School for the Deaf and the Blind, which agency is
 1768  authorized to operate educational programs for students at any
 1769  level of grades kindergarten through 12, shall be subject to all
 1770  applicable requirements of ss. 1002.3105(5), 1003.4281,
 1771  1003.4282 1003.428, 1003.429, 1008.23, and 1008.25. Within the
 1772  content of these cited statutes each such state or local public
 1773  agency or entity shall be considered a “district school board.”
 1774         Section 47. Paragraph (e) of subsection (4) of section
 1775  1003.493, Florida Statutes, is amended to read:
 1776         1003.493 Career and professional academies and career
 1777  themed courses.—
 1778         (4) Each career and professional academy and secondary
 1779  school providing a career-themed course must:
 1780         (e) Deliver academic content through instruction relevant
 1781  to the career, including intensive reading and mathematics
 1782  intervention required by s. 1003.4282 1003.428, with an emphasis
 1783  on strengthening reading for information skills.
 1784         Section 48. Paragraph (c) of subsection (2) of section
 1785  1003.4935, Florida Statutes, is amended to read:
 1786         1003.4935 Middle grades career and professional academy
 1787  courses and career-themed courses.—
 1788         (2) Each middle grades career and professional academy or
 1789  career-themed course must be aligned with at least one high
 1790  school career and professional academy or career-themed course
 1791  offered in the district and maintain partnerships with local
 1792  business and industry and economic development boards. Middle
 1793  grades career and professional academies and career-themed
 1794  courses must:
 1795         (a) Lead to careers in occupations designated as high
 1796  skill, high-wage, and high-demand in the Industry Certification
 1797  Funding List approved under rules adopted by the State Board of
 1798  Education;
 1799         (b) Integrate content from core subject areas;
 1800         (c) Integrate career and professional academy or career
 1801  themed course content with intensive reading, English Language
 1802  Arts, and mathematics pursuant to s. ss. 1003.428 and 1003.4282;
 1803         (d) Coordinate with high schools to maximize opportunities
 1804  for middle grades students to earn high school credit;
 1805         (e) Provide access to virtual instruction courses provided
 1806  by virtual education providers legislatively authorized to
 1807  provide part-time instruction to middle grades students. The
 1808  virtual instruction courses must be aligned to state curriculum
 1809  standards for middle grades career and professional academy
 1810  courses or career-themed courses, with priority given to
 1811  students who have required course deficits;
 1812         (f) Provide instruction from highly skilled professionals
 1813  who hold industry certificates in the career area in which they
 1814  teach;
 1815         (g) Offer externships; and
 1816         (h) Provide personalized student advisement that includes a
 1817  parent-participation component.
 1818         Section 49. Paragraph (a) of subsection (1) of section
 1819  1003.57, Florida Statutes, is amended to read:
 1820         1003.57 Exceptional students instruction.—
 1821         (1)(a) For purposes of providing exceptional student
 1822  instruction under this section:
 1823         1. A school district shall use the following terms to
 1824  describe the instructional setting for a student with a
 1825  disability, 6 through 21 years of age, who is not educated in a
 1826  setting accessible to all children who are together at all
 1827  times:
 1828         a. “Exceptional student education center” or “special day
 1829  school” means a separate public school to which nondisabled
 1830  peers do not have access.
 1831         b. “Other separate environment” means a separate private
 1832  school, residential facility, or hospital or homebound program.
 1833         c. “Regular class” means a class in which a student spends
 1834  80 percent or more of the school week with nondisabled peers.
 1835         d. “Resource room” means a classroom in which a student
 1836  spends between 40 percent to 80 percent of the school week with
 1837  nondisabled peers.
 1838         e. “Separate class” means a class in which a student spends
 1839  less than 40 percent of the school week with nondisabled peers.
 1840         2. A school district shall use the term “inclusion” to mean
 1841  that a student is receiving education in a general education
 1842  regular class setting, reflecting natural proportions and age
 1843  appropriate heterogeneous groups in core academic and elective
 1844  or special areas within the school community; a student with a
 1845  disability is a valued member of the classroom and school
 1846  community; the teachers and administrators support universal
 1847  education and have knowledge and support available to enable
 1848  them to effectively teach all children; and a teacher student is
 1849  provided access to technical assistance in best practices,
 1850  instructional methods, and supports tailored to the student’s
 1851  needs based on current research.
 1852         Section 50. Paragraph (a) of subsection (1) of section
 1853  1003.621, Florida Statutes, is amended to read:
 1854         1003.621 Academically high-performing school districts.—It
 1855  is the intent of the Legislature to recognize and reward school
 1856  districts that demonstrate the ability to consistently maintain
 1857  or improve their high-performing status. The purpose of this
 1858  section is to provide high-performing school districts with
 1859  flexibility in meeting the specific requirements in statute and
 1860  rules of the State Board of Education.
 1861         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
 1862         (a) A school district is an academically high-performing
 1863  school district if it meets the following criteria:
 1864         1.a. Beginning with the 2004-2005 school year, Earns a
 1865  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
 1866         b. Has no district-operated school that earns a grade of
 1867  “F” under s. 1008.34;
 1868         2. Complies with all class size requirements in s. 1, Art.
 1869  IX of the State Constitution and s. 1003.03; and
 1870         3. Has no material weaknesses or instances of material
 1871  noncompliance noted in the annual financial audit conducted
 1872  pursuant to s. 11.45 or s. 218.39.
 1873  
 1874  However, a district in which a district-operated school earns a
 1875  grade of “F” under s. 1008.34 during the 3-year period may not
 1876  continue to be designated as an academically high-performing
 1877  school district during the remainder of that 3-year period. The
 1878  district must meet the criteria in paragraph (a) in order to be
 1879  redesignated as an academically high-performing school district.
 1880         Section 51. Subsection (4) of section 1004.02, Florida
 1881  Statutes, is repealed.
 1882         Section 52. Section 1004.0961, Florida Statutes, is amended
 1883  to read:
 1884         1004.0961 Credit for online courses.—Beginning in the 2015
 1885  2016 school year, the State Board of Education shall adopt rules
 1886  and the Board of Governors shall adopt regulations rules that
 1887  enable students to earn academic credit for online courses,
 1888  including massive open online courses, before prior to initial
 1889  enrollment at a postsecondary institution. The rules of the
 1890  State Board of Education and regulations rules of the Board of
 1891  Governors must include procedures for credential evaluation and
 1892  the award of credit, including, but not limited to,
 1893  recommendations for credit by the American Council on Education;
 1894  equivalency and alignment of coursework with appropriate
 1895  courses; course descriptions; type and amount of credit that may
 1896  be awarded; and transfer of credit.
 1897         Section 53. Section 1004.3825, Florida Statutes, is
 1898  repealed.
 1899         Section 54. Section 1004.387, Florida Statutes, is
 1900  repealed.
 1901         Section 55. Subsection (2) of section 1004.445, Florida
 1902  Statutes, is repealed.
 1903         Section 56. Section 1004.75, Florida Statutes, is repealed.
 1904         Section 57. Paragraph (c) of subsection (1) of section
 1905  1004.935, Florida Statutes, is amended to read:
 1906         1004.935 Adults with Disabilities Workforce Education Pilot
 1907  Program.—
 1908         (1) The Adults with Disabilities Workforce Education Pilot
 1909  Program is established in the Department of Education for 2
 1910  years in Hardee, DeSoto, Manatee, and Sarasota Counties to
 1911  provide the option of receiving a scholarship for instruction at
 1912  private schools for up to 30 students who:
 1913         (c) Are receiving instruction from an instructor in a
 1914  private school to meet the high school graduation requirements
 1915  in s. 1002.3105(5) 1003.428 or s. 1003.4282;
 1916  
 1917  As used in this section, the term “student with a disability”
 1918  includes a student who is documented as having an intellectual
 1919  disability; a speech impairment; a language impairment; a
 1920  hearing impairment, including deafness; a visual impairment,
 1921  including blindness; a dual sensory impairment; an orthopedic
 1922  impairment; another health impairment; an emotional or
 1923  behavioral disability; a specific learning disability,
 1924  including, but not limited to, dyslexia, dyscalculia, or
 1925  developmental aphasia; a traumatic brain injury; a developmental
 1926  delay; or autism spectrum disorder.
 1927         Section 58. Section 1006.141, Florida Statutes, is
 1928  repealed.
 1929         Section 59. Subsections (4), (5), and (8) of section
 1930  1006.147, Florida Statutes, are amended to read:
 1931         1006.147 Bullying and harassment prohibited.—
 1932         (4) By December 1, 2008, Each school district shall adopt a
 1933  policy prohibiting bullying and harassment of a any student or
 1934  employee of a public K-12 educational institution. Each school
 1935  district’s policy shall be in substantial conformity with the
 1936  Department of Education’s model policy mandated in subsection
 1937  (5). The school district bullying and harassment policy shall
 1938  afford all students the same protection regardless of their
 1939  status under the law. The school district may establish separate
 1940  discrimination policies that include categories of students. The
 1941  school district shall involve students, parents, teachers,
 1942  administrators, school staff, school volunteers, community
 1943  representatives, and local law enforcement agencies in the
 1944  process of adopting the policy. The school district policy must
 1945  be implemented in a manner that is ongoing throughout the school
 1946  year and integrated with a school’s curriculum, a school’s
 1947  discipline policies, and other violence prevention efforts. The
 1948  school district policy must contain, at a minimum, the following
 1949  components:
 1950         (a) A statement prohibiting bullying and harassment.
 1951         (b) A definition of bullying and a definition of harassment
 1952  that include the definitions listed in this section.
 1953         (c) A description of the type of behavior expected from
 1954  each student and employee of a public K-12 educational
 1955  institution.
 1956         (d) The consequences for a student or employee of a public
 1957  K-12 educational institution who commits an act of bullying or
 1958  harassment.
 1959         (e) The consequences for a student or employee of a public
 1960  K-12 educational institution who is found to have wrongfully and
 1961  intentionally accused another of an act of bullying or
 1962  harassment.
 1963         (f) A procedure for reporting an act of bullying or
 1964  harassment, including provisions that permit a person to
 1965  anonymously report such an act. However, this paragraph does not
 1966  permit formal disciplinary action to be based solely on an
 1967  anonymous report.
 1968         (g) A procedure for the prompt investigation of a report of
 1969  bullying or harassment and the persons responsible for the
 1970  investigation. The investigation of a reported act of bullying
 1971  or harassment is deemed to be a school-related activity and
 1972  begins with a report of such an act. Incidents that require a
 1973  reasonable investigation when reported to appropriate school
 1974  authorities shall include alleged incidents of bullying or
 1975  harassment allegedly committed against a child while the child
 1976  is en route to school aboard a school bus or at a school bus
 1977  stop.
 1978         (h) A process to investigate whether a reported act of
 1979  bullying or harassment is within the scope of the district
 1980  school system and, if not, a process for referral of such an act
 1981  to the appropriate jurisdiction. Computers without web-filtering
 1982  software or computers with web-filtering software that is
 1983  disabled shall be used when complaints of cyberbullying are
 1984  investigated.
 1985         (i) A procedure for providing immediate notification to the
 1986  parents of a victim of bullying or harassment and the parents of
 1987  the perpetrator of an act of bullying or harassment, as well as
 1988  notification to all local agencies where criminal charges may be
 1989  pursued against the perpetrator.
 1990         (j) A procedure to refer victims and perpetrators of
 1991  bullying or harassment for counseling.
 1992         (k) A procedure for including incidents of bullying or
 1993  harassment in the school’s report of data concerning school
 1994  safety and discipline required under s. 1006.09(6). The report
 1995  must include each incident of bullying or harassment and the
 1996  resulting consequences, including discipline and referrals. The
 1997  report must include in a separate section each reported incident
 1998  of bullying or harassment that does not meet the criteria of a
 1999  prohibited act under this section with recommendations regarding
 2000  such incidents. The Department of Education shall aggregate
 2001  information contained in the reports.
 2002         (l) A procedure for providing instruction to students,
 2003  parents, teachers, school administrators, counseling staff, and
 2004  school volunteers on identifying, preventing, and responding to
 2005  bullying or harassment, including instruction on recognizing
 2006  behaviors that lead to bullying and harassment and taking
 2007  appropriate preventive action based on those observations.
 2008         (m) A procedure for regularly reporting to a victim’s
 2009  parents the actions taken to protect the victim.
 2010         (n) A procedure for publicizing the policy, which must
 2011  include its publication in the code of student conduct required
 2012  under s. 1006.07(2) and in all employee handbooks.
 2013         (5) To assist school districts in developing policies
 2014  prohibiting bullying and harassment, the Department of Education
 2015  shall develop a model policy that shall be provided to school
 2016  districts no later than October 1, 2008.
 2017         (7)(8) Distribution of safe schools funds to a school
 2018  district provided in the 2009-2010 General Appropriations Act is
 2019  contingent upon and payable to the school district upon the
 2020  Department of Education’s approval of the school district’s
 2021  bullying and harassment policy. The department’s approval of
 2022  each school district’s bullying and harassment policy shall be
 2023  granted upon certification by the department that the school
 2024  district’s policy has been submitted to the department and is in
 2025  substantial conformity with the department’s model bullying and
 2026  harassment policy as mandated in subsection (5). Distribution of
 2027  safe schools funds provided to a school district in fiscal year
 2028  2010-2011 and thereafter shall be contingent upon and payable to
 2029  the school district upon the school district’s compliance with
 2030  all reporting procedures contained in this section.
 2031         Section 60. Subsection (2) of section 1006.148, Florida
 2032  Statutes, is repealed.
 2033         Section 61. Paragraph (a) of subsection (3) of section
 2034  1006.15, Florida Statutes, is amended to read:
 2035         1006.15 Student standards for participation in
 2036  interscholastic and intrascholastic extracurricular student
 2037  activities; regulation.—
 2038         (3)(a) To be eligible to participate in interscholastic
 2039  extracurricular student activities, a student must:
 2040         1. Maintain a grade point average of 2.0 or above on a 4.0
 2041  scale, or its equivalent, in the previous semester or a
 2042  cumulative grade point average of 2.0 or above on a 4.0 scale,
 2043  or its equivalent, in the courses required by s. 1002.3105(5)
 2044  1003.428 or s. 1003.4282 1003.429.
 2045         2. Execute and fulfill the requirements of an academic
 2046  performance contract between the student, the district school
 2047  board, the appropriate governing association, and the student’s
 2048  parents, if the student’s cumulative grade point average falls
 2049  below 2.0, or its equivalent, on a 4.0 scale in the courses
 2050  required by s. 1002.3105(5) 1003.428 or s. 1003.4282 1003.429.
 2051  At a minimum, the contract must require that the student attend
 2052  summer school, or its graded equivalent, between grades 9 and 10
 2053  or grades 10 and 11, as necessary.
 2054         3. Have a cumulative grade point average of 2.0 or above on
 2055  a 4.0 scale, or its equivalent, in the courses required by s.
 2056  1002.3105(5) 1003.428 or s. 1003.4282 1003.429 during his or her
 2057  junior or senior year.
 2058         4. Maintain satisfactory conduct, including adherence to
 2059  appropriate dress and other codes of student conduct policies
 2060  described in s. 1006.07(2). If a student is convicted of, or is
 2061  found to have committed, a felony or a delinquent act that would
 2062  have been a felony if committed by an adult, regardless of
 2063  whether adjudication is withheld, the student’s participation in
 2064  interscholastic extracurricular activities is contingent upon
 2065  established and published district school board policy.
 2066         Section 62. Subsection (1) and paragraph (a) of subsection
 2067  (2) of section 1006.28, Florida Statutes, are amended to read:
 2068         1006.28 Duties of district school board, district school
 2069  superintendent; and school principal regarding K-12
 2070  instructional materials.—
 2071         (1) DISTRICT SCHOOL BOARD.—The district school board has
 2072  the duty to provide adequate instructional materials for all
 2073  students in accordance with the requirements of this part. The
 2074  term “adequate instructional materials” means a sufficient
 2075  number of student or site licenses or sets of materials that are
 2076  available in bound, unbound, kit, or package form and may
 2077  consist of hardbacked or softbacked textbooks, electronic
 2078  content, consumables, learning laboratories, manipulatives,
 2079  electronic media, and computer courseware or software that serve
 2080  as the basis for instruction for each student in the core
 2081  subject areas courses of mathematics, language arts, social
 2082  studies, science, reading, and literature. The district school
 2083  board has the following specific duties:
 2084         (a) Courses of study; adoption.—Adopt courses of study for
 2085  use in the schools of the district.
 2086         (b) Instructional materials.—Provide for proper
 2087  requisitioning, distribution, accounting, storage, care, and use
 2088  of all instructional materials and furnish such other
 2089  instructional materials as may be needed. The district school
 2090  board shall ensure that Instructional materials used must be in
 2091  the district are consistent with the district goals and
 2092  objectives and the course descriptions established in rule of
 2093  the State Board of Education, as well as with the applicable
 2094  Next Generation Sunshine State and district performance
 2095  Standards provided for in s. 1003.41 1001.03(1).
 2096         (c) Other instructional materials.—Provide such other
 2097  teaching accessories and aids as are needed for the school
 2098  district’s educational program.
 2099         (d) School library media services; establishment and
 2100  maintenance.—Establish and maintain a program of school library
 2101  media services for all public schools in the district, including
 2102  school library media centers, or school library media centers
 2103  open to the public, and, in addition such traveling or
 2104  circulating libraries as may be needed for the proper operation
 2105  of the district school system.
 2106         (2) DISTRICT SCHOOL SUPERINTENDENT.—
 2107         (a) The district school superintendent has the duty to
 2108  recommend such plans for improving, providing, distributing,
 2109  accounting for, and caring for instructional materials and other
 2110  instructional aids as will result in general improvement of the
 2111  district school system, as prescribed in this part, in
 2112  accordance with adopted district school board rules prescribing
 2113  the duties and responsibilities of the district school
 2114  superintendent regarding the requisition, purchase, receipt,
 2115  storage, distribution, use, conservation, records, and reports
 2116  of, and management practices and property accountability
 2117  concerning, instructional materials, and providing for an
 2118  evaluation of any instructional materials to be requisitioned
 2119  that have not been used previously in the district’s schools.
 2120  The district school superintendent must keep adequate records
 2121  and accounts for all financial transactions for funds collected
 2122  pursuant to subsection (3), as a component of the educational
 2123  service delivery scope in a school district best financial
 2124  management practices review under s. 1008.35.
 2125         Section 63. Subsection (2) of section 1006.31, Florida
 2126  Statutes, is amended to read:
 2127         1006.31 Duties of the Department of Education and school
 2128  district instructional materials reviewer.—The duties of the
 2129  instructional materials reviewer are:
 2130         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use evaluate
 2131  carefully all instructional materials submitted, in order to
 2132  ascertain which instructional materials, if any, submitted for
 2133  consideration implement the selection criteria listed in s.
 2134  1006.34(2)(b) developed by the department and recommend for
 2135  adoption only those instructional materials aligned with the
 2136  Next Generation Sunshine State those curricular objectives
 2137  included within applicable performance Standards provided for in
 2138  s. 1003.41 1001.03(1).
 2139         (a) When recommending instructional materials for use in
 2140  the schools, each reviewer shall include only instructional
 2141  materials that accurately portray the ethnic, socioeconomic,
 2142  cultural, and racial diversity of our society, including men and
 2143  women in professional, career, and executive roles, and the role
 2144  and contributions of the entrepreneur and labor in the total
 2145  development of this state and the United States.
 2146         (b) When recommending instructional materials for use in
 2147  the schools, each reviewer shall include only materials that
 2148  accurately portray, whenever appropriate, humankind’s place in
 2149  ecological systems, including the necessity for the protection
 2150  of our environment and conservation of our natural resources and
 2151  the effects on the human system of the use of tobacco, alcohol,
 2152  controlled substances, and other dangerous substances.
 2153         (c) When recommending instructional materials for use in
 2154  the schools, each reviewer shall require such materials as he or
 2155  she deems necessary and proper to encourage thrift, fire
 2156  prevention, and humane treatment of people and animals.
 2157         (d) When recommending instructional materials for use in
 2158  the schools, each reviewer shall require, when appropriate to
 2159  the comprehension of students, that materials for social
 2160  science, history, or civics classes contain the Declaration of
 2161  Independence and the Constitution of the United States. A
 2162  reviewer may not recommend any instructional materials for use
 2163  in the schools which contain any matter reflecting unfairly upon
 2164  persons because of their race, color, creed, national origin,
 2165  ancestry, gender, or occupation.
 2166         (e) Any instructional material recommended by each reviewer
 2167  for use in the schools shall be, to the satisfaction of each
 2168  reviewer, accurate, objective, and current and suited to the
 2169  needs and comprehension of students at their respective grade
 2170  levels. Reviewers shall consider for adoption materials
 2171  developed for academically talented students such as those
 2172  enrolled in advanced placement courses.
 2173         Section 64. Paragraph (b) of subsection (2) of section
 2174  1006.34, Florida Statutes, is amended to read:
 2175         1006.34 Powers and duties of the commissioner and the
 2176  department in selecting and adopting instructional materials.—
 2177         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 2178         (b) In the selection of instructional materials, library
 2179  media, and other reading material used in the public school
 2180  system, the standards used to determine the propriety of the
 2181  material shall include:
 2182         1. The age of the students who normally could be expected
 2183  to have access to the material.
 2184         2. The educational purpose to be served by the material. In
 2185  considering instructional materials for classroom use, Priority
 2186  shall be given to the selection of materials that align with the
 2187  Next Generation Sunshine State Standards as provided for in s.
 2188  1003.41 which encompass the state and district school board
 2189  performance standards provided for in s. 1001.03(1) and which
 2190  include the instructional objectives contained within the
 2191  curriculum frameworks for career and technical education and
 2192  adult and adult general education adopted approved by rule of
 2193  the State Board of Education under s. 1004.92.
 2194         3. The degree to which the material would be supplemented
 2195  and explained by mature classroom instruction as part of a
 2196  normal classroom instructional program.
 2197         4. The consideration of the broad racial, ethnic,
 2198  socioeconomic, and cultural diversity of the students of this
 2199  state.
 2200  
 2201  Any instructional material containing pornography or otherwise
 2202  prohibited by s. 847.012 may not be used or made available
 2203  within any public school.
 2204         Section 65. Subsection (2) and paragraph (a) of subsection
 2205  (3) of section 1006.40, Florida Statutes, are amended, and
 2206  subsection (8) is added to that section, to read:
 2207         1006.40 Use of instructional materials allocation;
 2208  instructional materials, library books, and reference books;
 2209  repair of books.—
 2210         (2) Each district school board must purchase current
 2211  instructional materials to provide each student with a major
 2212  tool of instruction in core courses of the subject areas of
 2213  mathematics, language arts, science, social studies, reading,
 2214  and literature for kindergarten through grade 12. Such purchase
 2215  must be made within the first 3 years after the effective date
 2216  of the adoption cycle unless a district school board or a
 2217  consortium of school districts has implemented an instructional
 2218  materials program pursuant to s. 1006.283. For the 2012-2013
 2219  mathematics adoption, a district using a comprehensive
 2220  mathematics instructional materials program adopted in the 2009
 2221  2010 adoption shall be deemed in compliance with this subsection
 2222  if it provides each student with such additional state-adopted
 2223  materials as may be necessary to align the previously adopted
 2224  comprehensive program to common core standards and the other
 2225  criteria of the 2012-2013 mathematics adoption.
 2226         (3)(a) Beginning with By the 2015-2016 fiscal year, each
 2227  district school board shall use at least 50 percent of the
 2228  annual allocation for the purchase of digital or electronic
 2229  instructional materials that align with state standards included
 2230  on the state-adopted list, except as otherwise authorized in
 2231  paragraphs (b) and (c). This section does not apply to a
 2232  district school board or a consortium of school districts which
 2233  implements an instructional materials program pursuant to s.
 2234  1006.283, except that by the 2015-2016 fiscal year, each
 2235  district school board shall use at least 50 percent of the
 2236  annual allocation for the purchase of digital or electronic
 2237  instructional materials that align with state standards.
 2238         (8) Subsections (3), (4), and (6) do not apply to a
 2239  district school board or a consortium of school districts that
 2240  implements an instructional materials program pursuant to s.
 2241  1006.283 except that, by the 2015-2016 fiscal year, each
 2242  district school board shall use at least 50 percent of the
 2243  annual instructional materials allocation for the purchase of
 2244  digital or electronic instructional materials that align with
 2245  state standards adopted by the State Board of Education pursuant
 2246  to s. 1003.41.
 2247         Section 66. Section 1006.42, Florida Statutes, is amended
 2248  to read:
 2249         1006.42 Responsibility of students and parents for
 2250  instructional materials.—
 2251         (1) All instructional materials purchased under the
 2252  provisions of this part are the property of the district school
 2253  board. When distributed to the students, these instructional
 2254  materials are on loan to the students while they are pursuing
 2255  their courses of study and are to be returned at the direction
 2256  of the school principal or the teacher in charge. Each parent of
 2257  a student to whom or for whom instructional materials have been
 2258  issued, is liable for any loss or destruction of, or unnecessary
 2259  damage to, the instructional materials or for failure of the
 2260  student to return the instructional materials when directed by
 2261  the school principal or the teacher in charge, and shall pay for
 2262  such loss, destruction, or unnecessary damage as provided under
 2263  s. 1006.28(3) by law.
 2264         (2) Nothing in this part shall be construed to prohibit
 2265  parents from exercising their right to purchase instructional
 2266  materials from the district school board.
 2267         Section 67. Section 1007.02, Florida Statutes, is amended
 2268  to read:
 2269         1007.02 Access to postsecondary education and meaningful
 2270  careers for Students with disabilities; popular name;
 2271  definition.—
 2272         (1) This section shall be known by the popular name the
 2273  “Enhanced New Needed Opportunity for Better Life and Education
 2274  for Students with Disabilities (ENNOBLES) Act.”
 2275         (2) For the purposes of this chapter act, the term “student
 2276  with a disability” means a any student who is documented as
 2277  having an intellectual disability; a hearing impairment,
 2278  including deafness; a speech or language impairment; a visual
 2279  impairment, including blindness; an emotional or behavioral
 2280  disability; an orthopedic or other health impairment; an autism
 2281  spectrum disorder; a traumatic brain injury; or a specific
 2282  learning disability, including, but not limited to, dyslexia,
 2283  dyscalculia, or developmental aphasia.
 2284         Section 68. Paragraph (a) of subsection (1) and subsection
 2285  (3) of section 1007.2615, Florida Statutes, are amended to read:
 2286         1007.2615 American Sign Language; findings; foreign
 2287  language credits authorized; teacher licensing.—
 2288         (1) LEGISLATIVE FINDINGS; PURPOSE.—
 2289         (a) The Legislature finds that:
 2290         1. American Sign Language (ASL) is a fully developed
 2291  visual-gestural language with distinct grammar, syntax, and
 2292  symbols and is one of hundreds of signed languages of the world.
 2293         2. ASL is recognized as the language of the American deaf
 2294  community and is the fourth most commonly used language in the
 2295  United States and Canada.
 2296         3. The American deaf community is a group of citizens who
 2297  are members of a unique culture who share ASL as their common
 2298  language.
 2299         4. Thirty-three state legislatures have adopted legislation
 2300  recognizing ASL as a language that should be taught in schools.
 2301         (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
 2302  EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
 2303  FOR POSTSECONDARY EDUCATION PROVIDERS.—
 2304         (a) The Commissioner of Education shall appoint a seven
 2305  member task force that includes representatives from two state
 2306  universities and one private college or university located
 2307  within this state which currently offer a 4-year deaf education
 2308  or sign language interpretation program as a part of their
 2309  respective curricula, two representatives from the Florida
 2310  American Sign Language Teachers’ Association (FASLTA), and two
 2311  representatives from Florida College System institutions located
 2312  within this state which have established Interpreter Training
 2313  Programs (ITPs). This task force shall develop and submit to the
 2314  Commissioner of Education a report that contains the most up-to
 2315  date information about American Sign Language (ASL) and
 2316  guidelines for developing and maintaining ASL courses as a part
 2317  of the curriculum. This information must be made available to
 2318  any administrator of a public or an independent school upon
 2319  request of the administrator.
 2320         (a)(b) By January 1, 2005, The State Board of Education
 2321  shall adopt rules establishing licensing/certification standards
 2322  to be applied to teachers who teach American Sign Language (ASL)
 2323  ASL as part of a school curriculum. In developing the rules, the
 2324  state board shall consult with the task force established under
 2325  paragraph (a).
 2326         (b)(c) An ASL teacher must be certified by the Department
 2327  of Education by July 1, 2009.
 2328         (c)(d) The Commissioner of Education shall work with
 2329  providers of postsecondary education, except for state
 2330  universities, to develop and implement a plan to ensure that
 2331  these institutions in this state will accept secondary school
 2332  credits in ASL as credits in a foreign language and to encourage
 2333  postsecondary institutions to offer ASL courses to students as a
 2334  fulfillment of the requirement for studying a foreign language.
 2335         Section 69. Subsection (4) of section 1007.263, Florida
 2336  Statutes, is amended to read:
 2337         1007.263 Florida College System institutions; admissions of
 2338  students.—Each Florida College System institution board of
 2339  trustees is authorized to adopt rules governing admissions of
 2340  students subject to this section and rules of the State Board of
 2341  Education. These rules shall include the following:
 2342         (4) A student who has been awarded a special diploma under
 2343  as defined in s. 1003.438 or a certificate of completion under
 2344  as defined in s. 1003.4282 1003.428(7)(b) is eligible to enroll
 2345  in certificate career education programs.
 2346  
 2347  Each board of trustees shall establish policies that notify
 2348  students about developmental education options for improving
 2349  their communication or computation skills that are essential to
 2350  performing college-level work, including tutoring, extended time
 2351  in gateway courses, free online courses, adult basic education,
 2352  adult secondary education, or private provider instruction.
 2353         Section 70. Subsection (1) of section 1007.264, Florida
 2354  Statutes, is amended to read:
 2355         1007.264 Persons with disabilities; admission to
 2356  postsecondary educational institutions; substitute requirements;
 2357  rules and regulations.—
 2358         (1) A Any student with a disability, as defined in s.
 2359  1007.02(2), who is otherwise eligible shall be eligible for
 2360  reasonable substitution for any requirement for admission into a
 2361  public postsecondary educational institution where documentation
 2362  can be provided that the person’s failure to meet the admission
 2363  requirement is related to the disability.
 2364         Section 71. Subsection (1) of section 1007.265, Florida
 2365  Statutes, is amended to read:
 2366         1007.265 Persons with disabilities; graduation, study
 2367  program admission, and upper-division entry; substitute
 2368  requirements; rules and regulations.—
 2369         (1) A Any student with a disability, as defined in s.
 2370  1007.02(2), in a public postsecondary educational institution
 2371  shall be eligible for reasonable substitution for any
 2372  requirement for graduation, for admission into a program of
 2373  study, or for entry into the upper division where documentation
 2374  can be provided that the person’s failure to meet the
 2375  requirement is related to the disability and where failure to
 2376  meet the graduation requirement or program admission requirement
 2377  does not constitute a fundamental alteration in the nature of
 2378  the program.
 2379         Section 72. Subsections (2) and (9) of section 1007.271,
 2380  Florida Statutes, are amended to read:
 2381         1007.271 Dual enrollment programs.—
 2382         (2) For the purpose of this section, an eligible secondary
 2383  student is a student who is enrolled in any of grades 6 through
 2384  12 in a Florida public secondary school or in a Florida private
 2385  secondary school that which is in compliance with s. 1002.42(2)
 2386  and provides a secondary curriculum pursuant to s. 1003.428 or
 2387  s. 1003.4282. Students who are eligible for dual enrollment
 2388  pursuant to this section may enroll in dual enrollment courses
 2389  conducted during school hours, after school hours, and during
 2390  the summer term. However, if the student is projected to
 2391  graduate from high school before the scheduled completion date
 2392  of a postsecondary course, the student may not register for that
 2393  course through dual enrollment. The student may apply to the
 2394  postsecondary institution and pay the required registration,
 2395  tuition, and fees if the student meets the postsecondary
 2396  institution’s admissions requirements under s. 1007.263.
 2397  Instructional time for dual enrollment may vary from 900 hours;
 2398  however, the full-time equivalent student membership value shall
 2399  be subject to the provisions in s. 1011.61(4). A Any student
 2400  enrolled as a dual enrollment student is exempt from the payment
 2401  of registration, tuition, and laboratory fees. Applied academics
 2402  for adult education instruction, developmental education, and
 2403  other forms of precollegiate instruction, as well as physical
 2404  education courses that focus on the physical execution of a
 2405  skill rather than the intellectual attributes of the activity,
 2406  are ineligible for inclusion in the dual enrollment program.
 2407  Recreation and leisure studies courses shall be evaluated
 2408  individually in the same manner as physical education courses
 2409  for potential inclusion in the program.
 2410         (9) The Commissioner of Education shall appoint faculty
 2411  committees representing public school, Florida College System
 2412  institution, and university faculties to identify postsecondary
 2413  courses that meet the high school graduation requirements of s.
 2414  1003.428 or s. 1003.4282 and to establish the number of
 2415  postsecondary semester credit hours of instruction and
 2416  equivalent high school credits earned through dual enrollment
 2417  pursuant to this section that are necessary to meet high school
 2418  graduation requirements. Such equivalencies shall be determined
 2419  solely on comparable course content and not on seat time
 2420  traditionally allocated to such courses in high school. The
 2421  Commissioner of Education shall recommend to the State Board of
 2422  Education those postsecondary courses identified to meet high
 2423  school graduation requirements, based on mastery of course
 2424  outcomes, by their course numbers, and all high schools shall
 2425  accept these postsecondary education courses toward meeting the
 2426  requirements of s. 1003.428 or s. 1003.4282.
 2427         Section 73. Subsections (3), (7), and (8) of section
 2428  1008.22, Florida Statutes, are amended to read:
 2429         1008.22 Student assessment program for public schools.—
 2430         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 2431  Commissioner of Education shall design and implement a
 2432  statewide, standardized assessment program aligned to the core
 2433  curricular content established in the Next Generation Sunshine
 2434  State Standards. The commissioner also must develop or select
 2435  and implement a common battery of assessment tools that will be
 2436  used in all juvenile justice education programs in the state.
 2437  These tools must accurately measure the core curricular content
 2438  established in the Next Generation Sunshine State Standards.
 2439  Participation in the assessment program is mandatory for all
 2440  school districts and all students attending public schools,
 2441  including adult students seeking a standard an adult high school
 2442  diploma under s. 1003.4282 and students in Department of
 2443  Juvenile Justice education programs, except as otherwise
 2444  provided by law prescribed by the commissioner. If a student
 2445  does not participate in the assessment program, the school
 2446  district must notify the student’s parent and provide the parent
 2447  with information regarding the implications of such
 2448  nonparticipation. The statewide, standardized assessment program
 2449  shall be designed and implemented as follows:
 2450         (a) Statewide, standardized comprehensive assessments
 2451  Florida Comprehensive Assessment Test (FCAT) until replaced by
 2452  common core assessments.The statewide, standardized FCAT
 2453  Reading assessment shall be administered annually in grades 3
 2454  through 10. The statewide, standardized Writing assessment shall
 2455  be administered annually at least once at the elementary,
 2456  middle, and high school levels. When the Reading and Writing
 2457  assessments are replaced by English Language Arts (ELA)
 2458  assessments, ELA assessments shall be administered to students
 2459  in grades 3 through 11. Retake opportunities for the grade 10
 2460  Reading assessment or, upon implementation, the grade 10 ELA
 2461  assessment must be provided. Students taking the ELA assessments
 2462  shall not take the statewide, standardized assessments in
 2463  Reading or Writing. ELA assessments shall be administered
 2464  online. The statewide, standardized; FCAT Mathematics
 2465  assessments shall be administered annually in grades 3 through
 2466  8. Students taking a revised Mathematics assessment shall not
 2467  take the discontinued assessment. The statewide, standardized;
 2468  FCAT Writing shall be administered annually at least once at the
 2469  elementary, middle, and high school levels; and FCAT Science
 2470  assessment shall be administered annually at least once at the
 2471  elementary and middle grades levels. In order to earn a standard
 2472  high school diploma, a student who has not earned a passing
 2473  score on the grade 10 FCAT Reading assessment or, upon
 2474  implementation, the grade 10 ELA assessment must earn a passing
 2475  score on the assessment retake or earn a concordant score as
 2476  authorized under subsection (7) must participate in each retake
 2477  of the assessment until the student earns a passing score. The
 2478  commissioner shall recommend and the State Board of Education
 2479  must adopt a score on both the SAT and ACT that is concordant to
 2480  a passing score on grade 10 FCAT Reading that, if achieved by a
 2481  student, meets the must-pass requirement for grade 10 FCAT
 2482  Reading.
 2483         (b) End-of-course (EOC) assessments.—EOC assessments must
 2484  be statewide, standardized, and developed or approved by the
 2485  Department of Education as follows:
 2486         1. Statewide, standardized EOC assessments in mathematics
 2487  shall be administered according to this subparagraph. Beginning
 2488  with the 2010-2011 school year, all students enrolled in Algebra
 2489  I must take the Algebra I EOC assessment. Except as otherwise
 2490  provided in paragraph (c) this section, beginning with students
 2491  entering grade 9 in the 2011-2012 school year, a student who is
 2492  enrolled in Algebra I must earn a passing score on the Algebra I
 2493  EOC assessment or attain a comparative score as authorized under
 2494  subsection (8) in order to earn a standard high school diploma.
 2495  In order to earn a standard high school diploma, a student who
 2496  has not earned a passing score on the Algebra I EOC assessment
 2497  must earn a passing score on the assessment retake or a
 2498  comparative score as authorized under subsection (8) must
 2499  participate in each retake of the assessment until the student
 2500  earns a passing score. Beginning with the 2011-2012 school year,
 2501  all students enrolled in Geometry must take the Geometry EOC
 2502  assessment. Middle grades students enrolled in Algebra I, or
 2503  Geometry, or Biology I must take the statewide, standardized EOC
 2504  assessment for those courses and shall are not required to take
 2505  the corresponding subject and grade-level statewide,
 2506  standardized assessment FCAT. When a statewide, standardized EOC
 2507  assessment in Algebra II is administered, all students enrolled
 2508  in Algebra II must take the EOC assessment. Pursuant to the
 2509  commissioner’s implementation schedule, student performance on
 2510  the Algebra II EOC assessment constitutes 30 percent of a
 2511  student’s final course grade.
 2512         2. Statewide, standardized EOC assessments in science shall
 2513  be administered according to this subparagraph. Beginning with
 2514  the 2011-2012 school year, all students enrolled in Biology I
 2515  must take the Biology I EOC assessment. Beginning with students
 2516  entering grade 9 in the 2013-2014 school year, performance on
 2517  the Biology I EOC assessment constitutes 30 percent of the
 2518  student’s final course grade.
 2519         3. During the 2012-2013 school year, an EOC assessment in
 2520  civics education shall be administered as a field test at the
 2521  middle grades level. Beginning with the 2013-2014 school year,
 2522  each student’s performance on the statewide, standardized middle
 2523  grades Civics EOC assessment in civics education constitutes 30
 2524  percent of the student’s final course grade in civics education.
 2525         4. The commissioner may select one or more nationally
 2526  developed comprehensive examinations, which may include
 2527  examinations for a College Board Advanced Placement course,
 2528  International Baccalaureate course, or Advanced International
 2529  Certificate of Education course, or industry-approved
 2530  examinations to earn national industry certifications identified
 2531  in the Industry Certification Funding List, for use as EOC
 2532  assessments under this paragraph if the commissioner determines
 2533  that the content knowledge and skills assessed by the
 2534  examinations meet or exceed the grade-level expectations for the
 2535  core curricular content established for the course in the Next
 2536  Generation Sunshine State Standards. Use of any such examination
 2537  as an EOC assessment must be approved by the state board in
 2538  rule.
 2539         5. Contingent upon funding provided in the General
 2540  Appropriations Act, including the appropriation of funds
 2541  received through federal grants, the commissioner may establish
 2542  an implementation schedule for the development and
 2543  administration of additional statewide, standardized EOC
 2544  assessments that must be approved by the state board, in rule.
 2545  If approved by the state board, student performance on such
 2546  assessments constitutes 30 percent of a student’s final course
 2547  grade.
 2548         6. All statewide, standardized EOC assessments must be
 2549  administered online except as otherwise provided in paragraph
 2550  (c).
 2551         (c) Students with disabilities; Florida Alternate
 2552  Assessment.—
 2553         1. Each district school board must provide instruction to
 2554  prepare students with disabilities in the core content knowledge
 2555  and skills necessary for successful grade-to-grade progression
 2556  and high school graduation.
 2557         2. A student with a disability, as defined in s. 1007.02
 2558  1007.02(2), for whom the individual education plan (IEP) team
 2559  determines that the statewide, standardized assessments under
 2560  this section cannot accurately measure the student’s abilities,
 2561  taking into consideration all allowable accommodations, shall
 2562  have assessment results waived for the purpose of receiving a
 2563  course grade and a standard high school diploma. Such waiver
 2564  shall be designated on the student’s transcript. The statement
 2565  of waiver shall be limited to a statement that performance on an
 2566  assessment was waived for the purpose of receiving a course
 2567  grade or a standard high school diploma, as applicable.
 2568         3. The State Board of Education shall adopt rules, based
 2569  upon recommendations of the commissioner, for the provision of
 2570  assessment accommodations for students with disabilities and for
 2571  students who have limited English proficiency.
 2572         a. Accommodations that negate the validity of a statewide,
 2573  standardized assessment are not allowed during the
 2574  administration of the assessment. However, instructional
 2575  accommodations are allowed in the classroom if identified in a
 2576  student’s IEP. Students using instructional accommodations in
 2577  the classroom that are not allowed on a statewide, standardized
 2578  assessment may have assessment results waived if the IEP team
 2579  determines that the assessment cannot accurately measure the
 2580  student’s abilities.
 2581         b. If a student is provided with instructional
 2582  accommodations in the classroom that are not allowed as
 2583  accommodations for statewide, standardized assessments, the
 2584  district must inform the parent in writing and provide the
 2585  parent with information regarding the impact on the student’s
 2586  ability to meet expected performance levels. A parent must
 2587  provide signed consent for a student to receive classroom
 2588  instructional accommodations that would not be available or
 2589  permitted on a statewide, standardized assessment and
 2590  acknowledge in writing that he or she understands the
 2591  implications of such instructional accommodations.
 2592         c. If a student’s IEP states that online administration of
 2593  a statewide, standardized assessment will significantly impair
 2594  the student’s ability to perform, the assessment shall be
 2595  administered in hard copy.
 2596         4. For students with significant cognitive disabilities,
 2597  the Department of Education shall provide for implementation of
 2598  the Florida Alternate Assessment to accurately measure the core
 2599  curricular content established in the Next Generation Sunshine
 2600  State Standards.
 2601         (d) Implementation schedule Common core assessments in
 2602  English Language Arts (ELA) and mathematics.—
 2603         1. Contingent upon funding, common core assessments in ELA
 2604  shall be administered to students in grades 3 through 11. Retake
 2605  opportunities for the grade 10 assessment must be provided.
 2606  Students taking the ELA assessments are not required to take the
 2607  assessments in FCAT Reading or FCAT Writing. Common core ELA
 2608  assessments shall be administered online.
 2609         2. Contingent upon funding, common core assessments in
 2610  mathematics shall be administered to all students in grades 3
 2611  through 8, and common core assessments in Algebra I, Geometry,
 2612  and Algebra II shall be administered to students enrolled in
 2613  those courses. Retake opportunities must be provided for the
 2614  Algebra I assessment. Students may take the common core
 2615  mathematics assessments pursuant to the Credit Acceleration
 2616  Program (CAP) under s. 1003.4295(3). Students taking common core
 2617  assessments in mathematics are not required to take FCAT
 2618  Mathematics or statewide, standardized EOC assessments in
 2619  mathematics. Common core mathematics assessments shall be
 2620  administered online.
 2621         1.3. The Commissioner State Board of Education shall
 2622  establish and publish on the department’s website adopt rules
 2623  establishing an implementation schedule to transition from the
 2624  statewide, standardized FCAT Reading and, FCAT Writing
 2625  assessments to the ELA assessments and to the revised, FCAT
 2626  Mathematics assessments, including the, and Algebra I and
 2627  Geometry EOC assessments to common core assessments in English
 2628  Language Arts and mathematics. The schedule must take into
 2629  consideration funding, sufficient field and baseline data,
 2630  access to assessments, instructional alignment, and school
 2631  district readiness to administer the common core assessments
 2632  online. Until the 10th grade common core ELA and Algebra I
 2633  assessments become must-pass assessments, students must pass
 2634  10th grade FCAT Reading and the Algebra I EOC assessment, or
 2635  achieve a concordant or comparative score as authorized under
 2636  this section, in order to earn a standard high school diploma
 2637  under s. 1003.4282. Students taking 10th grade FCAT Reading or
 2638  the Algebra I EOC assessment are not required to take the
 2639  respective common core assessments.
 2640         2.4. The Department of Education shall publish minimum and
 2641  recommended technology requirements that include specifications
 2642  for hardware, software, networking, security, and broadband
 2643  capacity to facilitate school district compliance with the
 2644  requirement that common core assessments be administered online.
 2645         (e) Assessment scores and achievement levels.—
 2646         1. All statewide, standardized EOC assessments and FCAT
 2647  Reading, FCAT Writing, and FCAT Science assessments shall use
 2648  scaled scores and achievement levels. Achievement levels shall
 2649  range from 1 through 5, with level 1 being the lowest
 2650  achievement level, level 5 being the highest achievement level,
 2651  and level 3 indicating satisfactory performance on an
 2652  assessment. For purposes of the statewide, standardized FCAT
 2653  Writing assessment, student achievement shall be scored using a
 2654  scale of 1 through 6.
 2655         2. The state board shall designate by rule a passing score
 2656  for each statewide, standardized EOC and FCAT assessment. In
 2657  addition, the state board shall designate a score for each
 2658  statewide, standardized EOC assessment that indicates that a
 2659  student is high achieving and has the potential to meet college
 2660  readiness standards by the time the student graduates from high
 2661  school.
 2662         3. If the commissioner seeks to revise a statewide,
 2663  standardized assessment and the revisions require the state
 2664  board to modify performance level scores, including the passing
 2665  score, the commissioner shall provide a copy of the proposed
 2666  scores and implementation plan to the President of the Senate
 2667  and the Speaker of the House of Representatives at least 90 days
 2668  before submission to the state board for review. Until the state
 2669  board adopts the modifications by rule, the commissioner shall
 2670  use calculations for scoring the assessment that adjust student
 2671  scores on the revised assessment for statistical equivalence to
 2672  student scores on the former assessment. The state board shall
 2673  adopt by rule the passing score for the revised assessment that
 2674  is statistically equivalent to the passing score on the
 2675  discontinued assessment for a student who is required to attain
 2676  a passing score on the discontinued assessment. The commissioner
 2677  may, with approval of the state board, discontinue
 2678  administration of the former assessment upon the graduation,
 2679  based on normal student progression, of students participating
 2680  in the final regular administration of the former assessment. If
 2681  the commissioner revises a statewide, standardized assessment
 2682  and the revisions require the state board to modify the passing
 2683  score, only students taking the assessment for the first time
 2684  after the rule is adopted are affected.
 2685         (f) Assessment schedules and reporting of results.—The
 2686  Commissioner of Education shall establish schedules for the
 2687  administration of assessments and the reporting of student
 2688  assessment results. The commissioner shall consider the
 2689  observance of religious and school holidays when developing the
 2690  schedule. By August 1 of each year, the commissioner shall
 2691  notify each school district in writing and publish on the
 2692  department’s website the assessment and reporting schedules for,
 2693  at a minimum, the school year following the upcoming school
 2694  year. The assessment and reporting schedules must provide the
 2695  earliest possible reporting of student assessment results to the
 2696  school districts. Assessment results for the statewide,
 2697  standardized FCAT Reading assessments, or upon implementation
 2698  the ELA assessments, and FCAT Mathematics assessments, including
 2699  the EOC assessments in Algebra I and Geometry, must be made
 2700  available no later than the week of June 8. The administration
 2701  of the statewide, standardized FCAT Writing assessment and the
 2702  Florida Alternate Assessment may be no earlier than the week of
 2703  March 1. School districts shall administer assessments in
 2704  accordance with the schedule established by the commissioner.
 2705         (g) Prohibited activities.—A district school board shall
 2706  prohibit each public school from suspending a regular program of
 2707  curricula for purposes of administering practice assessments or
 2708  engaging in other assessment-preparation activities for a
 2709  statewide, standardized assessment. However, a district school
 2710  board may authorize a public school to engage in the following
 2711  assessment-preparation activities:
 2712         1. Distributing to students sample assessment books and
 2713  answer keys published by the Department of Education.
 2714         2. Providing individualized instruction in assessment
 2715  taking strategies, without suspending the school’s regular
 2716  program of curricula, for a student who scores Level 1 or Level
 2717  2 on a prior administration of an assessment.
 2718         3. Providing individualized instruction in the content
 2719  knowledge and skills assessed, without suspending the school’s
 2720  regular program of curricula, for a student who scores Level 1
 2721  or Level 2 on a prior administration of an assessment or a
 2722  student who, through a diagnostic assessment administered by the
 2723  school district, is identified as having a deficiency in the
 2724  content knowledge and skills assessed.
 2725         4. Administering a practice assessment or engaging in other
 2726  assessment-preparation activities that are determined necessary
 2727  to familiarize students with the organization of the assessment,
 2728  the format of assessment items, and the assessment directions or
 2729  that are otherwise necessary for the valid and reliable
 2730  administration of the assessment, as set forth in rules adopted
 2731  by the State Board of Education with specific reference to this
 2732  paragraph.
 2733         (h) Contracts for assessments.—The commissioner shall
 2734  provide for the assessments to be developed or obtained, as
 2735  appropriate, through contracts and project agreements with
 2736  private vendors, public vendors, public agencies, postsecondary
 2737  educational institutions, or school districts. The commissioner
 2738  may enter into contracts for the continued administration of the
 2739  assessments authorized and funded by the Legislature. Contracts
 2740  may be initiated in 1 fiscal year and continue into the next
 2741  fiscal year and may be paid from the appropriations of either or
 2742  both fiscal years. The commissioner may negotiate for the sale
 2743  or lease of tests, scoring protocols, test scoring services, and
 2744  related materials developed pursuant to law.
 2745         (7) CONCORDANT SCORES FOR 10TH GRADE FCAT READING.—Until
 2746  the state transitions to common core English Language Arts
 2747  assessments, The Commissioner of Education must identify scores
 2748  on the SAT and ACT that if achieved satisfy the graduation
 2749  requirement that a student pass the grade 10 statewide,
 2750  standardized 10th grade FCAT Reading assessment or, upon
 2751  implementation, the grade 10 ELA assessment. The commissioner
 2752  may identify concordant scores on other assessments other than
 2753  the SAT and ACT as well. If the content or scoring procedures
 2754  change for the grade 10 Reading assessment or, upon
 2755  implementation, the grade 10 ELA assessment 10th grade FCAT
 2756  Reading, new concordant scores must be determined. If new
 2757  concordant scores are not timely adopted, the last-adopted
 2758  concordant scores remain in effect until such time as new scores
 2759  are adopted. The state board shall adopt concordant scores in
 2760  rule.
 2761         (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC) ASSESSMENT
 2762  ASSESSMENTS.—The Commissioner of Education must identify one or
 2763  more comparative scores for the Algebra I EOC assessment and may
 2764  identify comparative scores for the other EOC assessments. If
 2765  the content or scoring procedures change for the EOC assessment
 2766  assessments, new comparative scores must be determined. If new
 2767  comparative scores are not timely adopted, the last-adopted
 2768  comparative scores remain in effect until such time as new
 2769  scores are adopted. The state board shall adopt comparative
 2770  scores in rule.
 2771         Section 74. Paragraph (h) of subsection (2), paragraph (a)
 2772  of subsection (4), paragraph (b) of subsection (6), and
 2773  paragraph (b) of subsection (7) of section 1008.25, Florida
 2774  Statutes, are amended to read:
 2775         1008.25 Public school student progression; remedial
 2776  instruction; reporting requirements.—
 2777         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
 2778  school board shall establish a comprehensive plan for student
 2779  progression which must:
 2780         (h) Provide instructional sequences by which students in
 2781  kindergarten through high school may attain progressively higher
 2782  levels of skill in the use of digital tools and applications.
 2783  The instructional sequences must include participation in
 2784  curricular and instructional options and the demonstration of
 2785  competence of standards required pursuant to ss. 1003.41 and
 2786  1003.4203 through attainment of industry certifications and
 2787  other means of demonstrating credit requirements identified
 2788  under ss. 1002.3105, 1003.4203, 1003.428, and 1003.4282.
 2789         (4) ASSESSMENT AND REMEDIATION.—
 2790         (a) Each student must participate in the statewide,
 2791  standardized assessment program required by s. 1008.22. Each
 2792  student who does not meet specific levels of performance on the
 2793  required assessments as determined by the district school board
 2794  or who scores below Level 3 on the statewide, standardized
 2795  Reading assessment or, upon implementation, the English Language
 2796  Arts assessment or on the statewide, standardized Mathematics
 2797  assessments in grades 3 through 8 and the Algebra I EOC
 2798  assessment FCAT Reading or FCAT Mathematics or on the common
 2799  core English Language Arts or mathematics assessments as
 2800  applicable under s. 1008.22 must be provided with additional
 2801  diagnostic assessments to determine the nature of the student’s
 2802  difficulty, the areas of academic need, and strategies for
 2803  appropriate intervention and instruction as described in
 2804  paragraph (b).
 2805         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2806         (b) The district school board may only exempt students from
 2807  mandatory retention, as provided in paragraph (5)(b), for good
 2808  cause. Good cause exemptions shall be limited to the following:
 2809         1. Limited English proficient students who have had less
 2810  than 2 years of instruction in an English for Speakers of Other
 2811  Languages program.
 2812         2. Students with disabilities whose individual education
 2813  plan indicates that participation in the statewide assessment
 2814  program is not appropriate, consistent with the requirements of
 2815  s. 1008.212 State Board of Education rule.
 2816         3. Students who demonstrate an acceptable level of
 2817  performance on an alternative standardized reading or English
 2818  Language Arts assessment approved by the State Board of
 2819  Education.
 2820         4. A student who demonstrates through a student portfolio
 2821  that he or she is performing at least at Level 2 on the
 2822  statewide, standardized FCAT Reading assessment or, upon
 2823  implementation, the common core English Language Arts
 2824  assessment, as applicable under s. 1008.22.
 2825         5. Students with disabilities who take the statewide,
 2826  standardized participate in FCAT Reading assessment or, upon
 2827  implementation, the common core English Language Arts
 2828  assessment, as applicable under s. 1008.22, and who have an
 2829  individual education plan or a Section 504 plan that reflects
 2830  that the student has received intensive remediation in reading
 2831  or and English Language Arts for more than 2 years but still
 2832  demonstrates a deficiency and was previously retained in
 2833  kindergarten, grade 1, grade 2, or grade 3.
 2834         6. Students who have received intensive remediation in
 2835  reading or and English Language Arts, as applicable under s.
 2836  1008.22, for 2 or more years but still demonstrate a deficiency
 2837  and who were previously retained in kindergarten, grade 1, grade
 2838  2, or grade 3 for a total of 2 years. Intensive instruction for
 2839  students so promoted must include an altered instructional day
 2840  that includes specialized diagnostic information and specific
 2841  reading strategies for each student. The district school board
 2842  shall assist schools and teachers to implement reading
 2843  strategies that research has shown to be successful in improving
 2844  reading among low-performing readers.
 2845         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 2846  STUDENTS.—
 2847         (b) Each school district shall:
 2848         1. Provide third grade students who are retained under the
 2849  provisions of paragraph (5)(b) with intensive instructional
 2850  services and supports to remediate the identified areas of
 2851  reading deficiency, including participation in the school
 2852  district’s summer reading camp as required under paragraph (a)
 2853  and a minimum of 90 minutes of daily, uninterrupted,
 2854  scientifically research-based reading instruction which includes
 2855  phonemic awareness, phonics, fluency, vocabulary, and
 2856  comprehension and other strategies prescribed by the school
 2857  district, which may include, but are not limited to:
 2858         a. Integration of science and social studies content within
 2859  the 90-minute block.
 2860         b. Small group instruction.
 2861         c. Reduced teacher-student ratios.
 2862         d. More frequent progress monitoring.
 2863         e. Tutoring or mentoring.
 2864         f. Transition classes containing 3rd and 4th grade
 2865  students.
 2866         g. Extended school day, week, or year.
 2867         2. Provide written notification to the parent of a any
 2868  student who is retained under the provisions of paragraph (5)(b)
 2869  that his or her child has not met the proficiency level required
 2870  for promotion and the reasons the child is not eligible for a
 2871  good cause exemption as provided in paragraph (6)(b). The
 2872  notification must comply with the provisions of s. 1002.20(15)
 2873  and must include a description of proposed interventions and
 2874  supports that will be provided to the child to remediate the
 2875  identified areas of reading deficiency.
 2876         3. Implement a policy for the midyear promotion of a any
 2877  student retained under the provisions of paragraph (5)(b) who
 2878  can demonstrate that he or she is a successful and independent
 2879  reader and performing at or above grade level in reading or,
 2880  upon implementation of and English Language Arts assessments,
 2881  performing at or above grade level in English Language Arts, as
 2882  applicable under s. 1008.22. Tools that school districts may use
 2883  in reevaluating a any student retained may include subsequent
 2884  assessments, alternative assessments, and portfolio reviews, in
 2885  accordance with rules of the State Board of Education.
 2886         4. Provide students who are retained under the provisions
 2887  of paragraph (5)(b) with a highly effective teacher as
 2888  determined by the teacher’s performance evaluation under s.
 2889  1012.34.
 2890         5. Establish at each school, when applicable, an Intensive
 2891  Acceleration Class for retained grade 3 students who
 2892  subsequently score Level 1 on the required statewide,
 2893  standardized assessment identified in s. 1008.22. The focus of
 2894  the Intensive Acceleration Class shall be to increase a child’s
 2895  reading and English Language Arts skill level at least two grade
 2896  levels in 1 school year. The Intensive Acceleration Class shall:
 2897         a. Be provided to a any student in grade 3 who scores Level
 2898  1 on the statewide, standardized FCAT Reading assessment or,
 2899  upon implementation, the common core English Language Arts
 2900  assessment, as applicable under s. 1008.22, and who was retained
 2901  in grade 3 the prior year because of scoring Level 1.
 2902         b. Have a reduced teacher-student ratio.
 2903         c. Provide uninterrupted reading instruction for the
 2904  majority of student contact time each day and incorporate
 2905  opportunities to master the grade 4 Next Generation Sunshine
 2906  State Standards in other core subject areas.
 2907         d. Use a reading program that is scientifically research
 2908  based and has proven results in accelerating student reading
 2909  achievement within the same school year.
 2910         e. Provide intensive language and vocabulary instruction
 2911  using a scientifically research-based program, including use of
 2912  a speech-language therapist.
 2913         Section 75. Paragraphs (b) and (c) of subsection (4) and
 2914  subsections (5) and (7) of section 1008.33, Florida Statutes,
 2915  are amended to read:
 2916         1008.33 Authority to enforce public school improvement.—
 2917         (4)
 2918         (b) Except as provided in subsection (5), The turnaround
 2919  options available to a school district to address a school that
 2920  earns a grade of “F” are:
 2921         1. Convert the school to a district-managed turnaround
 2922  school;
 2923         2. Reassign students to another school and monitor the
 2924  progress of each reassigned student;
 2925         3. Close the school and reopen the school as one or more
 2926  charter schools, each with a governing board that has a
 2927  demonstrated record of effectiveness;
 2928         4. Contract with an outside entity that has a demonstrated
 2929  record of effectiveness to operate the school; or
 2930         5. Implement a hybrid of turnaround options set forth in
 2931  subparagraphs 1.-4. or other turnaround models that have a
 2932  demonstrated record of effectiveness.
 2933         (c) Except for schools required to implement a turnaround
 2934  option pursuant to subsection (5), A school earning a grade of
 2935  “F” shall have a planning year followed by 2 full school years
 2936  to implement the initial turnaround option selected by the
 2937  school district and approved by the state board. Implementation
 2938  of the turnaround option is no longer required if the school
 2939  improves by at least one letter grade.
 2940         (5) A school that earns a grade of “F” within 2 years after
 2941  raising its grade from a grade of “F” or that earns a grade of
 2942  “F” within 2 years after exiting the lowest-performing category
 2943  under s. 3, chapter 2009-144, Laws of Florida, must implement
 2944  one of the turnaround options in subparagraphs (4)(b)2.-5.
 2945         (7) A school classified in the lowest-performing category
 2946  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
 2947  2012, is not required to continue implementing any turnaround
 2948  option unless the school earns a grade of “F” or a third
 2949  consecutive “D” for the 2011-2012 school year. A school earning
 2950  a grade of “F” or a third consecutive “D” for the 2011-2012
 2951  school year may not restart the number of years it has been low
 2952  performing by virtue of the 2012 amendments to this section.
 2953         Section 76. Section 1008.331, Florida Statutes, is
 2954  repealed.
 2955         Section 77. Subsection (2) of section 1008.3415, Florida
 2956  Statutes, is amended to read:
 2957         1008.3415 School grade or school improvement rating for
 2958  exceptional student education centers.—
 2959         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
 2960  scores and learning gains of a student with a disability who
 2961  attends an exceptional student education center and has not been
 2962  enrolled in or attended a public school other than an
 2963  exceptional student education center for grades K-12 within the
 2964  school district shall not be included in the calculation of the
 2965  home school’s grade if the student is identified as an emergent
 2966  student on the alternate assessment tool described in s.
 2967  1008.22(3)(c) 1008.22(3)(c)13.
 2968         Section 78. Section 1008.35, Florida Statutes, is repealed.
 2969         Section 79. Subsection (3) of section 1009.22, Florida
 2970  Statutes, is amended to read:
 2971         1009.22 Workforce education postsecondary student fees.—
 2972         (3)(a) Except as otherwise provided by law, fees for
 2973  students who are nonresidents for tuition purposes must offset
 2974  the full cost of instruction. Residency of students shall be
 2975  determined as required in s. 1009.21. Fee-nonexempt students
 2976  enrolled in applied academics for adult education instruction
 2977  shall be charged fees equal to the fees charged for adult
 2978  general education programs. Each Florida College System
 2979  institution that conducts developmental education and applied
 2980  academics for adult education instruction in the same class
 2981  section may charge a single fee for both types of instruction.
 2982         (b) Fees for continuing workforce education shall be
 2983  locally determined by the district school board or Florida
 2984  College System institution board of trustees. Expenditures for
 2985  the continuing workforce education program provided by the
 2986  Florida College System institution or school district must be
 2987  fully supported by fees. Enrollments in continuing workforce
 2988  education courses may not be counted for purposes of funding
 2989  full-time equivalent enrollment.
 2990         (c) Effective July 1, 2011, For programs leading to a
 2991  career certificate or an applied technology diploma, the
 2992  standard tuition shall be $2.22 per contact hour for residents
 2993  and nonresidents and the out-of-state fee shall be $6.66 per
 2994  contact hour. For adult general education programs, a block
 2995  tuition of $45 per half year or $30 per term shall be assessed
 2996  for residents and nonresidents, and the out-of-state fee shall
 2997  be $135 per half year or $90 per term. Each district school
 2998  board and Florida College System institution board of trustees
 2999  shall adopt policies and procedures for the collection of and
 3000  accounting for the expenditure of the block tuition. All funds
 3001  received from the block tuition shall be used only for adult
 3002  general education programs. Students enrolled in adult general
 3003  education programs may not be assessed the fees authorized in
 3004  subsection (5), subsection (6), or subsection (7).
 3005         (d) Beginning with the 2008-2009 fiscal year and each year
 3006  thereafter, The tuition and the out-of-state fee per contact
 3007  hour shall increase at the beginning of each fall semester at a
 3008  rate equal to inflation, unless otherwise provided in the
 3009  General Appropriations Act. The Office of Economic and
 3010  Demographic Research shall report the rate of inflation to the
 3011  President of the Senate, the Speaker of the House of
 3012  Representatives, the Governor, and the State Board of Education
 3013  each year prior to March 1. For purposes of this paragraph, the
 3014  rate of inflation shall be defined as the rate of the 12-month
 3015  percentage change in the Consumer Price Index for All Urban
 3016  Consumers, U.S. City Average, All Items, or successor reports as
 3017  reported by the United States Department of Labor, Bureau of
 3018  Labor Statistics, or its successor for December of the previous
 3019  year. In the event the percentage change is negative, the
 3020  tuition and out-of-state fee shall remain at the same level as
 3021  the prior fiscal year.
 3022         (e) Each district school board and each Florida College
 3023  System institution board of trustees may adopt tuition and out
 3024  of-state fees that may vary no more than 5 percent below or and
 3025  5 percent above the combined total of the standard tuition and
 3026  out-of-state fees established in paragraph (c).
 3027         (f) The maximum increase in resident tuition for any school
 3028  district or Florida College System institution during the 2007
 3029  2008 fiscal year shall be 5 percent over the tuition charged
 3030  during the 2006-2007 fiscal year.
 3031         (f)(g) The State Board of Education may adopt, by rule, the
 3032  definitions and procedures that district school boards and
 3033  Florida College System institution boards of trustees shall use
 3034  in the calculation of cost borne by students.
 3035         Section 80. Paragraph (a) of subsection (1) of section
 3036  1009.40, Florida Statutes, is amended to read:
 3037         1009.40 General requirements for student eligibility for
 3038  state financial aid awards and tuition assistance grants.—
 3039         (1)(a) The general requirements for eligibility of students
 3040  for state financial aid awards and tuition assistance grants
 3041  consist of the following:
 3042         1. Achievement of the academic requirements of and
 3043  acceptance at a state university or Florida College System
 3044  institution; a nursing diploma school approved by the Florida
 3045  Board of Nursing; a Florida college or university which is
 3046  accredited by an accrediting agency recognized by the State
 3047  Board of Education; a any Florida institution the credits of
 3048  which are acceptable for transfer to state universities; a any
 3049  career center; or a any private career institution accredited by
 3050  an accrediting agency recognized by the State Board of
 3051  Education.
 3052         2. Residency in this state for no less than 1 year
 3053  preceding the award of aid or a tuition assistance grant for a
 3054  program established pursuant to s. 1009.50, s. 1009.505, s.
 3055  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 3056  1009.62, s. 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s.
 3057  1009.891. Residency in this state must be for purposes other
 3058  than to obtain an education. Resident status for purposes of
 3059  receiving state financial aid awards shall be determined in the
 3060  same manner as resident status for tuition purposes pursuant to
 3061  s. 1009.21.
 3062         3. Submission of certification attesting to the accuracy,
 3063  completeness, and correctness of information provided to
 3064  demonstrate a student’s eligibility to receive state financial
 3065  aid awards or tuition assistance grants. Falsification of such
 3066  information shall result in the denial of a any pending
 3067  application and revocation of an any award or grant currently
 3068  held to the extent that no further payments shall be made.
 3069  Additionally, students who knowingly make false statements in
 3070  order to receive state financial aid awards or tuition
 3071  assistance grants commit a misdemeanor of the second degree
 3072  subject to the provisions of s. 837.06 and shall be required to
 3073  return all state financial aid awards or tuition assistance
 3074  grants wrongfully obtained.
 3075         Section 81. Subsection (1) of section 1009.531, Florida
 3076  Statutes, is amended to read:
 3077         1009.531 Florida Bright Futures Scholarship Program;
 3078  student eligibility requirements for initial awards.—
 3079         (1) Effective January 1, 2008, In order to be eligible for
 3080  an initial award from any of the three types of scholarships
 3081  under the Florida Bright Futures Scholarship Program, a student
 3082  must:
 3083         (a) Be a Florida resident as defined in s. 1009.40 and
 3084  rules of the State Board of Education.
 3085         (b) Earn a standard Florida high school diploma pursuant to
 3086  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
 3087  equivalency diploma its equivalent pursuant to s. 1003.428, s.
 3088  1003.4281, s. 1003.4282, or s. 1003.435 unless:
 3089         1. The student completes a home education program according
 3090  to s. 1002.41; or
 3091         2. The student earns a high school diploma from a non
 3092  Florida school while living with a parent or guardian who is on
 3093  military or public service assignment away from Florida.
 3094         (c) Be accepted by and enroll in an eligible Florida public
 3095  or independent postsecondary education institution.
 3096         (d) Be enrolled for at least 6 semester credit hours or the
 3097  equivalent in quarter hours or clock hours.
 3098         (e) Not have been found guilty of, or entered a plea of
 3099  nolo contendere to, a felony charge, unless the student has been
 3100  granted clemency by the Governor and Cabinet sitting as the
 3101  Executive Office of Clemency.
 3102         (f) Apply for a scholarship from the program by high school
 3103  graduation. However, a student who graduates from high school
 3104  midyear must apply no later than August 31 of the student’s
 3105  graduation year in order to be evaluated for and, if eligible,
 3106  receive an award for the current academic year.
 3107         Section 82. Paragraph (c) of subsection (3) of section
 3108  1009.532, Florida Statutes, is amended to read:
 3109         1009.532 Florida Bright Futures Scholarship Program;
 3110  student eligibility requirements for renewal awards.—
 3111         (3)
 3112         (c) A student who is initially eligible in the 2012-2013
 3113  academic year and thereafter may receive an award for a maximum
 3114  of 100 percent of the number of credit hours required to
 3115  complete an associate degree program, a baccalaureate degree
 3116  program, or a postsecondary career certificate program or, for a
 3117  Florida Gold Seal Vocational Scholars award, may receive an
 3118  award for a maximum of 100 percent of the number of credit hours
 3119  or equivalent clock hours required to complete one of the
 3120  following at a Florida public or nonpublic education institution
 3121  that offers these specific programs: for an applied technology
 3122  diploma program as defined in s. 1004.02(7) 1004.02(8), up to 60
 3123  credit hours or equivalent clock hours; for a technical degree
 3124  education program as defined in s. 1004.02(13) 1004.02(14), up
 3125  to the number of hours required for a specific degree not to
 3126  exceed 72 credit hours or equivalent clock hours; or for a
 3127  career certificate program as defined in s. 1004.02(20)
 3128  1004.02(21), up to the number of hours required for a specific
 3129  certificate not to exceed 72 credit hours or equivalent clock
 3130  hours. A student who transfers from one of these program levels
 3131  to another program level becomes eligible for the higher of the
 3132  two credit hour limits.
 3133         Section 83. Paragraph (c) of subsection (4) of section
 3134  1009.536, Florida Statutes, is amended to read:
 3135         1009.536 Florida Gold Seal Vocational Scholars award.—The
 3136  Florida Gold Seal Vocational Scholars award is created within
 3137  the Florida Bright Futures Scholarship Program to recognize and
 3138  reward academic achievement and career preparation by high
 3139  school students who wish to continue their education.
 3140         (4)
 3141         (c) A student who is initially eligible in the 2012-2013
 3142  academic year and thereafter may earn a Florida Gold Seal
 3143  Vocational Scholarship for a maximum of 100 percent of the
 3144  number of credit hours or equivalent clock hours required to
 3145  complete one of the following at a Florida public or nonpublic
 3146  education institution that offers these specific programs: for
 3147  an applied technology diploma program as defined in s.
 3148  1004.02(7) 1004.02(8), up to 60 credit hours or equivalent clock
 3149  hours; for a technical degree education program as defined in s.
 3150  1004.02(13) 1004.02(14), up to the number of hours required for
 3151  a specific degree not to exceed 72 credit hours or equivalent
 3152  clock hours; or for a career certificate program as defined in
 3153  s. 1004.02(20) 1004.02(21), up to the number of hours required
 3154  for a specific certificate not to exceed 72 credit hours or
 3155  equivalent clock hours.
 3156         Section 84. Section 1009.56, Florida Statutes, is repealed.
 3157         Section 85. Section 1009.69, Florida Statutes, is repealed.
 3158         Section 86. Subsection (1) of section 1009.91, Florida
 3159  Statutes, is amended to read:
 3160         1009.91 Assistance programs and activities of the
 3161  department.—
 3162         (1) The department may contract for the administration of
 3163  the student financial assistance programs as specifically
 3164  provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.
 3165         Section 87. Paragraph (c) of subsection (2) of section
 3166  1009.94, Florida Statutes, is amended to read:
 3167         1009.94 Student financial assistance database.—
 3168         (2) For purposes of this section, financial assistance
 3169  includes:
 3170         (c) Any financial assistance provided under s. 1009.50, s.
 3171  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 3172  1009.56, s. 1009.60, s. 1009.62, s. 1009.70, s. 1009.701, s.
 3173  1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s.
 3174  1009.891.
 3175         Section 88. Part V of chapter 1009, Florida Statutes,
 3176  consisting of sections 1009.99, 1009.991, 1009.992, 1009.993,
 3177  1009.994, 1009.995, 1009.996, 1009.9965, 1009.997, 1009.9975,
 3178  1009.9976, 1009.9977, 1009.9978, 1009.9979, 1009.998, 1009.9981,
 3179  1009.9982, 1009.9983, 1009.9984, 1009.9985, 1009.9986,
 3180  1009.9987, 1009.9988, 1009.9989, 1009.9990, 1009.9991,
 3181  1009.9992, 1009.9993, and 1009.9994, is repealed.
 3182         Section 89. Paragraphs (b) and (c) of subsection (3) of
 3183  section 1011.71, Florida Statutes, are repealed.
 3184         Section 90. Subsection (4) of section 1011.76, Florida
 3185  Statutes, is repealed.
 3186         Section 91. Paragraph (b) of subsection (1) of section
 3187  1011.80, Florida Statutes, is amended to read:
 3188         1011.80 Funds for operation of workforce education
 3189  programs.—
 3190         (1) As used in this section, the terms “workforce
 3191  education” and “workforce education program” include:
 3192         (b) Career certificate programs, as defined in s.
 3193  1004.02(20) 1004.02(21).
 3194         Section 92. Paragraphs (b), (f), (j), (m), and (p) of
 3195  subsection (2) and subsection (6) of section 1012.05, Florida
 3196  Statutes, are amended to read:
 3197         1012.05 Teacher recruitment and retention.—
 3198         (2) The Department of Education shall:
 3199         (b) Advertise in major newspapers, national professional
 3200  publications, and other professional publications and in public
 3201  and nonpublic postsecondary educational institutions, if needed.
 3202         (f) Develop and distribute promotional materials related to
 3203  teaching as a career, if needed.
 3204         (j) Develop, in consultation with school district staff
 3205  including, but not limited to, district school superintendents,
 3206  district school board members, and district human resources
 3207  personnel, a long-range plan for educator recruitment and
 3208  retention.
 3209         (m) Develop and implement a First Response Center to
 3210  provide educator candidates one-stop shopping for information on
 3211  teaching careers in Florida and establish the Teacher Lifeline
 3212  Network to provide online support to beginning teachers and
 3213  those needing assistance.
 3214         (n)(p) Notify each teacher, via e-mail, of each item in the
 3215  General Appropriations Act and legislation that affects
 3216  teachers, including, but not limited to, the Excellent Teaching
 3217  Program, the Florida Teachers Classroom Supply Assistance
 3218  Program, liability insurance protection for teachers, death
 3219  benefits for teachers, substantive legislation, rules of the
 3220  State Board of Education, and issues concerning student
 3221  achievement.
 3222         (6) The Commissioner of Education shall take steps that
 3223  provide flexibility and consistency in meeting the highly
 3224  qualified teacher criteria as defined in the No Child Left
 3225  Behind Act of 2001 through a High, Objective, Uniform State
 3226  Standard of Evaluation (HOUSSE).
 3227         Section 93. Paragraph (b) of subsection (1) of section
 3228  1012.22, Florida Statutes, is amended to read:
 3229         1012.22 Public school personnel; powers and duties of the
 3230  district school board.—The district school board shall:
 3231         (1) Designate positions to be filled, prescribe
 3232  qualifications for those positions, and provide for the
 3233  appointment, compensation, promotion, suspension, and dismissal
 3234  of employees as follows, subject to the requirements of this
 3235  chapter:
 3236         (b) Time to act on nominations.—The district school board
 3237  shall act no not later than 3 weeks following the receipt of
 3238  statewide, standardized assessment scores and data under s.
 3239  1008.22 and, including school grades, or June 30, whichever is
 3240  later, on the district school superintendent’s nominations of
 3241  supervisors, principals, and members of the instructional staff.
 3242         Section 94. Subsection (9) of section 1012.33, Florida
 3243  Statutes, is repealed.
 3244         Section 95. Paragraph (b) of subsection (1), paragraph (a)
 3245  of subsection (3), and subsection (6) of section 1012.34,
 3246  Florida Statutes, are amended to read:
 3247         1012.34 Personnel evaluation procedures and criteria.—
 3248         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 3249         (b) The department must approve each school district’s
 3250  instructional personnel and school administrator evaluation
 3251  systems. The department shall monitor each district’s
 3252  implementation of its instructional personnel and school
 3253  administrator evaluation systems for compliance with the
 3254  requirements of this section and s. 1012.3401.
 3255         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 3256  personnel and school administrator performance evaluations must
 3257  be based upon the performance of students assigned to their
 3258  classrooms or schools, as provided in this section. Pursuant to
 3259  this section, a school district’s performance evaluation is not
 3260  limited to basing unsatisfactory performance of instructional
 3261  personnel and school administrators solely upon student
 3262  performance, but may include other criteria approved to evaluate
 3263  instructional personnel and school administrators’ performance,
 3264  or any combination of student performance and other approved
 3265  criteria. Evaluation procedures and criteria must comply with,
 3266  but are not limited to, the following:
 3267         (a) A performance evaluation must be conducted for each
 3268  employee at least once a year, except that a classroom teacher,
 3269  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 3270  who is newly hired by the district school board must be observed
 3271  and evaluated at least twice in the first year of teaching in
 3272  the school district. The performance evaluation must be based
 3273  upon sound educational principles and contemporary research in
 3274  effective educational practices. The evaluation criteria must
 3275  include:
 3276         1. Performance of students.—At least 50 percent of a
 3277  performance evaluation must be based upon data and indicators of
 3278  student learning growth assessed annually by statewide
 3279  assessments or, for subjects and grade levels not measured by
 3280  statewide assessments, by school district assessments as
 3281  provided in s. 1008.22(6) 1008.22(8). Each school district must
 3282  use the formula adopted pursuant to paragraph (7)(a) for
 3283  measuring student learning growth in all courses associated with
 3284  statewide assessments and must select an equally appropriate
 3285  formula for measuring student learning growth for all other
 3286  grades and subjects, except as otherwise provided in subsection
 3287  (7).
 3288         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 3289  excluding substitute teachers, the student learning growth
 3290  portion of the evaluation must include growth data for students
 3291  assigned to the teacher over the course of at least 3 years. If
 3292  less than 3 years of data are available, the years for which
 3293  data are available must be used and the percentage of the
 3294  evaluation based upon student learning growth may be reduced to
 3295  not less than 40 percent.
 3296         b. For instructional personnel who are not classroom
 3297  teachers, the student learning growth portion of the evaluation
 3298  must include growth data on statewide assessments for students
 3299  assigned to the instructional personnel over the course of at
 3300  least 3 years, or may include a combination of student learning
 3301  growth data and other measurable student outcomes that are
 3302  specific to the assigned position, provided that the student
 3303  learning growth data accounts for not less than 30 percent of
 3304  the evaluation. If less than 3 years of student growth data are
 3305  available, the years for which data are available must be used
 3306  and the percentage of the evaluation based upon student learning
 3307  growth may be reduced to not less than 20 percent.
 3308         c. For school administrators, the student learning growth
 3309  portion of the evaluation must include growth data for students
 3310  assigned to the school over the course of at least 3 years. If
 3311  less than 3 years of data are available, the years for which
 3312  data are available must be used and the percentage of the
 3313  evaluation based upon student learning growth may be reduced to
 3314  not less than 40 percent.
 3315         2. Instructional practice.—Evaluation criteria used when
 3316  annually observing classroom teachers, as defined in s.
 3317  1012.01(2)(a), excluding substitute teachers, must include
 3318  indicators based upon each of the Florida Educator Accomplished
 3319  Practices adopted by the State Board of Education. For
 3320  instructional personnel who are not classroom teachers,
 3321  evaluation criteria must be based upon indicators of the Florida
 3322  Educator Accomplished Practices and may include specific job
 3323  expectations related to student support.
 3324         3. Instructional leadership.—For school administrators,
 3325  evaluation criteria must include indicators based upon each of
 3326  the leadership standards adopted by the State Board of Education
 3327  under s. 1012.986, including performance measures related to the
 3328  effectiveness of classroom teachers in the school, the
 3329  administrator’s appropriate use of evaluation criteria and
 3330  procedures, recruitment and retention of effective and highly
 3331  effective classroom teachers, improvement in the percentage of
 3332  instructional personnel evaluated at the highly effective or
 3333  effective level, and other leadership practices that result in
 3334  student learning growth. The system may include a means to give
 3335  parents and instructional personnel an opportunity to provide
 3336  input into the administrator’s performance evaluation.
 3337         4. Professional and job responsibilities.—For instructional
 3338  personnel and school administrators, other professional and job
 3339  responsibilities must be included as adopted by the State Board
 3340  of Education. The district school board may identify additional
 3341  professional and job responsibilities.
 3342         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 3343  EVALUATION SYSTEMS.—The district school board shall establish a
 3344  procedure for annually reviewing instructional personnel and
 3345  school administrator evaluation systems to determine compliance
 3346  with this section and s. 1012.3401. All substantial revisions to
 3347  an approved system must be reviewed and approved by the district
 3348  school board before being used to evaluate instructional
 3349  personnel or school administrators. Upon request by a school
 3350  district, the department shall provide assistance in developing,
 3351  improving, or reviewing an evaluation system.
 3352         Section 96. Section 1012.44, Florida Statutes, is amended
 3353  to read:
 3354         1012.44 Qualifications for certain persons providing
 3355  speech-language services.—The State Board of Education shall
 3356  adopt rules for speech-language services to school districts
 3357  that qualify for the sparsity supplement as described in s.
 3358  1011.62(7). These services may be provided by baccalaureate
 3359  degree level persons for a period of 3 years. The rules shall
 3360  authorize the delivery of speech-language services by
 3361  baccalaureate degree level persons under the direction of a
 3362  certified speech-language pathologist with a master’s degree or
 3363  higher. By October 1, 2003, these rules shall be reviewed by the
 3364  State Board of Education.
 3365         Section 97. Section 1012.561, Florida Statutes, is amended
 3366  to read:
 3367         1012.561 Address of record.—Each certified educator or
 3368  applicant for certification is solely responsible for
 3369  maintaining his or her current address with the Department of
 3370  Education and for notifying the department in writing of a
 3371  change of address. By January 1, 2005, each educator and
 3372  applicant for certification must have on file with the
 3373  department a current mailing address. Thereafter, A certified
 3374  educator or applicant for certification who is employed by a
 3375  district school board shall notify his or her employing school
 3376  district within 10 days after a change of address. At a minimum,
 3377  the employing district school board shall notify the department
 3378  monthly of the addresses of the certified educators or
 3379  applicants for certification in the manner prescribed by the
 3380  department. A certified educator or applicant for certification
 3381  who is not employed by a district school board shall personally
 3382  notify the department in writing within 30 days after a change
 3383  of address. The department shall permit electronic notification;
 3384  however, it is the responsibility of the certified educator or
 3385  applicant for certification to ensure that the department has
 3386  received the electronic notification.
 3387         Section 98. Section 1012.595, Florida Statutes, is
 3388  repealed.
 3389         Section 99. Subsections (2), (3), and (4) of section
 3390  1012.885, Florida Statutes, are amended to read:
 3391         1012.885 Remuneration of Florida College System institution
 3392  presidents; limitations.—
 3393         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3394  law, resolution, or rule to the contrary, a Florida College
 3395  System institution president may not receive more than $225,000
 3396  in remuneration annually from appropriated state funds. Only
 3397  compensation, as defined in s. 121.021(22), provided to a
 3398  Florida College System institution president may be used in
 3399  calculating benefits under chapter 121.
 3400         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3401  party from providing cash or cash-equivalent compensation from
 3402  funds that are not appropriated state funds to a Florida College
 3403  System institution president in excess of the limit in
 3404  subsection (3) (2). If a party is unable or unwilling to fulfill
 3405  an obligation to provide cash or cash-equivalent compensation to
 3406  a Florida College System institution president as permitted
 3407  under this subsection, appropriated state funds may not be used
 3408  to fulfill such obligation.
 3409         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3410  resolution, or rule to the contrary the provisions of this
 3411  section, a Florida College System institution president may not
 3412  receive more than $200,000 in remuneration from appropriated
 3413  state funds. Only compensation, as defined in s. 121.021(22),
 3414  provided to a Florida College System institution president may
 3415  be used in calculating benefits under chapter 121.
 3416         Section 100. Subsections (2), (3), and (4) of section
 3417  1012.975, Florida Statutes, are amended to read:
 3418         1012.975 Remuneration of state university presidents;
 3419  limitations.—
 3420         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3421  law, resolution, or rule to the contrary, a state university
 3422  president may not receive more than $225,000 in remuneration
 3423  annually from public funds. Only compensation, as such term is
 3424  defined in s. 121.021(22), provided to a state university
 3425  president may be used in calculating benefits under chapter 121.
 3426         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3427  party from providing cash or cash-equivalent compensation from
 3428  funds that are not public funds to a state university president
 3429  in excess of the limit in subsection (3) (2). If a party is
 3430  unable or unwilling to fulfill an obligation to provide cash or
 3431  cash-equivalent compensation to a state university president as
 3432  permitted under this subsection, public funds may not be used to
 3433  fulfill such obligation.
 3434         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3435  resolution, or rule to the contrary the provisions of this
 3436  section, a state university president may not receive more than
 3437  $200,000 in remuneration from public funds. Only compensation,
 3438  as defined in s. 121.021(22), provided to a state university
 3439  president may be used in calculating benefits under chapter 121.
 3440         Section 101. Subsection (12) of section 1012.98, Florida
 3441  Statutes, is amended to read:
 3442         1012.98 School Community Professional Development Act.—
 3443         (12) The department shall require teachers in grades K-12
 3444  1-12 to participate in continuing education training provided by
 3445  the Department of Children and Family Services on identifying
 3446  and reporting child abuse and neglect.
 3447         Section 102. Paragraph (f) of subsection (2) of section
 3448  1013.35, Florida Statutes, is amended to read:
 3449         1013.35 School district educational facilities plan;
 3450  definitions; preparation, adoption, and amendment; long-term
 3451  work programs.—
 3452         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 3453  FACILITIES PLAN.—
 3454         (f) Not less than once every 5 years, the district school
 3455  board shall have an a financial management and performance audit
 3456  conducted of the district’s educational planning and
 3457  construction activities of the district. An operational audit
 3458  conducted by the Office of Program Policy Analysis and
 3459  Government Accountability and the Auditor General pursuant to s.
 3460  11.45 1008.35 satisfies this requirement.
 3461         Section 103. Section 1013.47, Florida Statutes, is amended
 3462  to read:
 3463         1013.47 Substance of contract; contractors to give bond;
 3464  penalties.—Each board shall develop contracts consistent with
 3465  this chapter and statutes governing public facilities. Such a
 3466  contract must contain the drawings and specifications of the
 3467  work to be done and the material to be furnished, the time limit
 3468  in which the construction is to be completed, the time and
 3469  method by which payments are to be made upon the contract, and
 3470  the penalty to be paid by the contractor for a any failure to
 3471  comply with the terms of the contract. The board may require the
 3472  contractor to pay a penalty for any failure to comply with the
 3473  terms of the contract and may provide an incentive for early
 3474  completion. Upon accepting a satisfactory bid, the board shall
 3475  enter into a contract with the party or parties whose bid has
 3476  been accepted. The contractor shall furnish the board with a
 3477  performance and payment bond as set forth in s. 255.05. A board
 3478  or other public entity may not require a contractor to secure a
 3479  surety bond under s. 255.05 from a specific agent or bonding
 3480  company. Notwithstanding any other provision of this section, if
 3481  25 percent or more of the costs of any construction project is
 3482  paid out of a trust fund established pursuant to 31 U.S.C. s.
 3483  1243(a)(1), laborers and mechanics employed by contractors or
 3484  subcontractors on such construction will be paid wages not less
 3485  than those prevailing on similar construction projects in the
 3486  locality, as determined by the Secretary of Labor in accordance
 3487  with the Davis-Bacon Act, as amended. A person, firm, or
 3488  corporation that constructs any part of any educational plant,
 3489  or addition thereto, on the basis of any unapproved plans or in
 3490  violation of any plans approved in accordance with the
 3491  provisions of this chapter and rules of the State Board of
 3492  Education or regulations of the Board of Governors relating to
 3493  building standards or specifications is subject to forfeiture of
 3494  the surety bond and unpaid compensation in an amount sufficient
 3495  to reimburse the board for any costs that will need to be
 3496  incurred in making any changes necessary to assure that all
 3497  requirements are met and is also guilty of a misdemeanor of the
 3498  second degree, punishable as provided in s. 775.082 or s.
 3499  775.083, for each separate violation.
 3500         Section 104. Section 1013.49, Florida Statutes, is
 3501  repealed.
 3502         Section 105. Section 1013.512, Florida Statutes, is
 3503  repealed.
 3504         Section 106. Section 1013.54, Florida Statutes, is
 3505  repealed.
 3506         Section 107. Section 20 of chapter 2010-24, Laws of
 3507  Florida, is repealed.
 3508         Section 108. This act shall take effect upon becoming a
 3509  law.