Florida Senate - 2014                             CS for SB 1226
       
       
        
       By the Committee on Education; and Senator Montford
       
       
       
       
       
       581-03139-14                                          20141226c1
    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         amending s. 496.404, F.S.; conforming cross
   11         references; amending s. 775.215, F.S.; conforming
   12         cross-references; amending s. 984.151, F.S.;
   13         authorizing a district school superintendent’s
   14         designee to submit a truancy petition; repealing s.
   15         1000.01(5), F.S., relating to obsolete education
   16         governance transfers; amending s. 1000.21, F.S.;
   17         revising the definition of the term “Next Generation
   18         Sunshine State Standards”; repealing ss. 1000.33 and
   19         1000.37, F.S., relating to the distribution of copies
   20         of educational compacts to other states; amending s.
   21         1001.10, F.S.; deleting and revising certain duties of
   22         the Commissioner of Education relating to educational
   23         plans and programs; repealing s. 1001.25, F.S,
   24         relating to educational television; amending s.
   25         1001.26, F.S.; revising Department of Education duties
   26         relating to the public broadcasting program system;
   27         prohibiting the use of educational television stations
   28         for the advancement of political candidates; providing
   29         penalties; repealing ss. 1001.47(7) and 1001.50(6),
   30         F.S., relating to obsolete district school
   31         superintendent salary provisions; repealing s.
   32         1001.62, F.S., relating to obsolete provisions for the
   33         transfer of benefits arising under local or special
   34         acts; repealing s. 1001.73(3), F.S., relating to the
   35         abolished Board of Regents as trustee; amending s.
   36         1002.20, F.S.; correcting cross-references and
   37         conforming provisions; amending s. 1002.31, F.S.;
   38         revising provisions relating to school district
   39         controlled open enrollment plans; amending s.
   40         1002.3105, F.S.; conforming provisions; amending s.
   41         1002.321, F.S.; conforming provisions; amending s.
   42         1002.33, F.S.; deleting required training before
   43         charter school application; conforming cross
   44         references and provisions; amending s. 1002.34, F.S.;
   45         conforming cross-references; revising provisions
   46         relating to department assistance to charter technical
   47         career centers; amending s. 1002.345, F.S.; revising
   48         provisions relating to expedited review of
   49         deteriorating financial conditions for a charter
   50         school or charter technical career center; deleting an
   51         annual reporting requirement; amending s. 1002.39,
   52         F.S.; deleting obsolete provisions relating to
   53         eligibility for a John M. McKay Scholarship; amending
   54         s. 1002.41, F.S.; correcting cross-references;
   55         repealing s. 1002.415, F.S., relating to the K-8
   56         Virtual School Program; amending s. 1002.45, F.S.;
   57         conforming cross-references; amending s. 1002.455,
   58         F.S.; conforming provisions; repealing s. 1002.65,
   59         F.S., relating to aspirational goals for credentials
   60         of prekindergarten instructors; amending s. 1003.01,
   61         F.S.; conforming cross-references; amending s.
   62         1003.02, F.S.; requiring instructional materials to be
   63         consistent with course descriptions; amending s.
   64         1003.03, F.S.; conforming cross-references; amending
   65         s. 1003.41, F.S.; deleting an obsolete cost analysis
   66         requirement relating to a separate financial literacy
   67         course; amending s. 1003.4156, F.S.; revising course
   68         and assessment requirements for middle grades students
   69         for promotion to high school; providing an exemption
   70         for transfer students from certain course grade and
   71         assessment requirements; repealing s. 1003.428, F.S.,
   72         relating to obsolete requirements for high school
   73         graduation; amending s. 1003.4281, F.S.; conforming
   74         cross-references; amending s. 1003.4282, F.S.;
   75         revising course and assessment requirements for the
   76         award of a standard high school diploma; providing
   77         requirements for a student in an adult general
   78         education program to be awarded a standard high school
   79         diploma; revising requirements for award of a
   80         certificate of completion; providing an exemption for
   81         transfer students from certain course grade and
   82         assessment requirements; providing specificity
   83         regarding course and assessment requirements for
   84         graduation for certain cohorts of high school students
   85         transitioning to new graduation requirements;
   86         providing for future repeal of transition
   87         requirements; amending s. 1003.4285, F.S.; revising
   88         requirements for standard high school diploma
   89         designations; amending s. 1003.438, F.S.; conforming
   90         cross-references; repealing s. 1003.451(5), F.S.,
   91         relating to State Board of Education rulemaking;
   92         amending s. 1003.49, F.S.; conforming cross
   93         references; amending s. 1003.493, F.S.; conforming a
   94         cross-reference; amending s. 1003.4935, F.S.;
   95         conforming a cross-reference; amending s. 1003.57,
   96         F.S., relating to exceptional student instruction;
   97         amending s. 1003.621, F.S.; revising audit criteria
   98         for academically high-performing school districts;
   99         repealing s. 1004.02(4), F.S., relating to the
  100         definition of the term “adult high school credit
  101         program”; amending s. 1004.0961, F.S.; providing for
  102         Board of Governors regulations; repealing s.
  103         1004.3825, F.S., relating to authorization for a
  104         medical degree program; repealing s. 1004.387, F.S.,
  105         relating to authorization for a pharmacy degree
  106         program; repealing s. 1004.445(2), F.S., relating to
  107         the board of directors of the Johnnie B. Byrd, Sr.
  108         Alzheimer’s Center and Research Institute; repealing
  109         s. 1004.75, F.S., relating to training school
  110         consolidation pilot projects; amending s. 1004.935,
  111         F.S.; revising the effective date of the Adults with
  112         Disabilities Workforce Education Pilot Program;
  113         increasing the age limitation for a program
  114         participant; conforming cross-references; repealing s.
  115         1006.141, F.S., relating to a statewide school safety
  116         hotline; amending s. 1006.147, F.S.; deleting obsolete
  117         provisions relating to school district bullying and
  118         harassment policies; repealing s. 1006.148(2), F.S.,
  119         relating to a department-developed model dating
  120         violence and abuse policy; amending s. 1006.15, F.S.;
  121         conforming cross-references; amending s. 1006.28,
  122         F.S.; conforming provisions relating to instructional
  123         materials; amending s. 1006.31, F.S.; conforming
  124         provisions relating to duties of an instructional
  125         materials reviewer; amending s. 1006.34, F.S.;
  126         revising provisions relating to standards used in the
  127         selection of instructional materials; amending s.
  128         1006.40, F.S.; revising provisions relating to
  129         district school board purchase of instructional
  130         materials; amending s. 1006.42, F.S.; conforming
  131         provisions relating to the responsibility of parents
  132         for instructional materials; amending s. 1007.02,
  133         F.S.; deleting a popular name and providing
  134         applicability for the term “student with a
  135         disability”; amending s. 1007.2615, F.S.; deleting
  136         obsolete provisions relating to an American Sign
  137         Language task force; amending s. 1007.263, F.S.;
  138         conforming cross-references; amending ss. 1007.264 and
  139         1007.265, F.S.; conforming provisions; amending s.
  140         1007.271, F.S.; correcting cross-references; amending
  141         s. 1008.22, F.S.; conforming and revising provisions
  142         relating to the implementation of statewide,
  143         standardized comprehensive assessments, end-of-course
  144         assessments, and waivers for students with
  145         disabilities; requiring the commissioner to publish an
  146         implementation schedule for transition to new
  147         assessments; conforming provisions relating to
  148         concordant scores and comparative scores for
  149         assessments; amending s. 1008.25, F.S.; conforming
  150         assessment provisions for student progression;
  151         amending s. 1008.33, F.S.; deleting obsolete
  152         provisions relating to implementation of certain
  153         school turnaround options; repealing s. 1008.331,
  154         F.S., relating to supplemental educational services in
  155         Title I schools; amending s. 1008.3415, F.S.;
  156         correcting a cross-reference; repealing s. 1008.35,
  157         F.S., relating to best financial management practices
  158         for school districts; amending s. 1009.22, F.S.;
  159         deleting obsolete provisions relating to workforce
  160         education postsecondary student fees; amending s.
  161         1009.40, F.S.; conforming cross-references; amending
  162         s. 1009.531, F.S.; conforming cross-references;
  163         amending s. 1009.532, F.S.; correcting cross
  164         references; amending s. 1009.536, F.S.; correcting
  165         cross-references; repealing s. 1009.56, F.S., relating
  166         to the Seminole and Miccosukee Indian Scholarship
  167         Program; repealing s. 1009.69, F.S., relating to the
  168         Virgil Hawkins Fellows Assistance Program; amending s.
  169         1009.91, F.S.; conforming a cross-reference; amending
  170         s. 1009.94, F.S.; conforming a cross-reference;
  171         repealing part V of chapter 1009, F.S., relating to
  172         the Florida Higher Education Loan Authority; amending
  173         s. 1011.62, F.S.; deleting an obsolete provision;
  174         repealing s. 1011.71(3)(b) and (c), F.S., relating to
  175         expired authorization for certain millage levy;
  176         repealing s. 1011.76(4), F.S., relating to best
  177         financial management practices review under the Small
  178         School District Stabilization Program; amending s.
  179         1011.80, F.S.; correcting a cross-reference; amending
  180         s. 1012.05, F.S.; deleting department and commissioner
  181         duties relating to teacher recruitment and retention;
  182         amending s. 1012.22, F.S.; conforming provisions;
  183         repealing s. 1012.33(9), F.S., relating to obsolete
  184         provisions for payment of professional service
  185         contracts; amending s. 1012.34, F.S.; correcting
  186         cross-references relating to measuring student
  187         performance in personnel evaluations; amending s.
  188         1012.44, F.S.; deleting obsolete provisions; amending
  189         s. 1012.561, F.S.; deleting an obsolete provision;
  190         repealing s. 1012.595, F.S., relating to an obsolete
  191         saving clause for educator certificates; amending s.
  192         1012.885, F.S.; deleting certain provisions relating
  193         to remuneration of Florida College System institution
  194         presidents; amending s. 1012.975, F.S.; deleting
  195         certain provisions relating to remuneration of state
  196         university presidents; amending s. 1012.98, F.S.;
  197         requiring continuing education training for
  198         kindergarten teachers; amending s. 1013.35, F.S.;
  199         revising audit requirements for school district
  200         educational planning and construction activities;
  201         amending s. 1013.47, F.S.; deleting provisions
  202         relating to payment of wages of certain persons
  203         employed by contractors; repealing s. 1013.49, F.S.,
  204         relating to toxic substances in educational
  205         facilities; repealing s. 1013.512, F.S., relating to
  206         the Land Acquisition and Facilities Advisory Board;
  207         repealing s. 20 of chapter 2010-24, Laws of Florida,
  208         relating to Department of Revenue authorization to
  209         adopt emergency rules; 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. Subsection (8) of section 496.404, Florida
  297  Statutes, is amended to read:
  298         496.404 Definitions.—As used in ss. 496.401-496.424:
  299         (8) “Educational institutions” means those institutions and
  300  organizations described in s. 212.08(7)(cc)8.a. The term
  301  includes private nonprofit organizations, the purpose of which
  302  is to raise funds for schools teaching grades kindergarten
  303  through grade 12, colleges, and universities, including a any
  304  nonprofit newspaper of free or paid circulation primarily on
  305  university or college campuses which holds a current exemption
  306  from federal income tax under s. 501(c)(3) of the Internal
  307  Revenue Code, an any educational television network or system
  308  established pursuant to s. 1001.25 or s. 1001.26, and a any
  309  nonprofit television or radio station that is a part of such
  310  network or system and that holds a current exemption from
  311  federal income tax under s. 501(c)(3) of the Internal Revenue
  312  Code. The term also includes a nonprofit educational cable
  313  consortium that holds a current exemption from federal income
  314  tax under s. 501(c)(3) of the Internal Revenue Code, whose
  315  primary purpose is the delivery of educational and instructional
  316  cable television programming and whose members are composed
  317  exclusively of educational organizations that hold a valid
  318  consumer certificate of exemption and that are either an
  319  educational institution as defined in this subsection or
  320  qualified as a nonprofit organization pursuant to s. 501(c)(3)
  321  of the Internal Revenue Code.
  322         Section 6. Paragraph (d) of subsection (1) of section
  323  775.215, Florida Statutes, is amended to read:
  324         775.215 Residency restriction for persons convicted of
  325  certain sex offenses.—
  326         (1) As used in this section, the term:
  327         (d) “School” has the same meaning as provided in s. 1003.01
  328  and includes a private school as defined in s. 1002.01, a
  329  voluntary prekindergarten education program as described in s.
  330  1002.53(3), a public school as described in s. 402.3025(1), the
  331  Florida School for the Deaf and the Blind, and the Florida
  332  Virtual School as established under s. 1002.37, and a K-8
  333  Virtual School as established under s. 1002.415, but does not
  334  include facilities dedicated exclusively to the education of
  335  adults.
  336         Section 7. Subsection (1) of section 984.151, Florida
  337  Statutes, is amended to read:
  338         984.151 Truancy petition; prosecution; disposition.—
  339         (1) If the school determines that a student subject to
  340  compulsory school attendance has had at least five unexcused
  341  absences, or absences for which the reasons are unknown, within
  342  a calendar month or 10 unexcused absences, or absences for which
  343  the reasons are unknown, within a 90-calendar-day period
  344  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
  345  absences in a 90-calendar-day period, the superintendent of
  346  schools or his or her designee may file a truancy petition.
  347         Section 8. Subsection (5) of section 1000.01, Florida
  348  Statutes, is repealed.
  349         Section 9. Subsection (7) of section 1000.21, Florida
  350  Statutes, is amended to read:
  351         1000.21 Systemwide definitions.—As used in the Florida K-20
  352  Education Code:
  353         (7) “Next Generation Sunshine State Standards” means the
  354  state’s public K-12 curricular standards, including common core
  355  standards in English Language Arts and mathematics, adopted
  356  under s. 1003.41.
  357         Section 10. Section 1000.33, Florida Statutes, is repealed.
  358         Section 11. Section 1000.37, Florida Statutes, is repealed.
  359         Section 12. Paragraphs (h) and (l) of subsection (6) of
  360  section 1001.10, Florida Statutes, are amended to read:
  361         1001.10 Commissioner of Education; general powers and
  362  duties.—
  363         (6) Additionally, the commissioner has the following
  364  general powers and duties:
  365         (h) To develop and implement a plan for cooperating with
  366  the Federal Government in carrying out any or all phases of the
  367  educational program and to recommend policies for administering
  368  funds that are appropriated by Congress and apportioned to the
  369  state for any or all educational purposes. The Commissioner of
  370  Education shall submit to the Legislature the proposed state
  371  plan for the reauthorization of the No Child Left Behind Act
  372  before the proposed plan is submitted to federal agencies. The
  373  President of the Senate and the Speaker of the House of
  374  Representatives shall appoint members of the appropriate
  375  education and appropriations committees to serve as a select
  376  committee to review the proposed plan.
  377         (k)(l) To prepare, publish, and disseminate maintain a
  378  Citizen Information Center responsible for the preparation,
  379  publication, and dissemination of user-friendly materials
  380  relating to the state’s education system, including the state’s
  381  K-12 scholarship programs and the Voluntary Prekindergarten
  382  Education Program.
  383         Section 13. Section 1001.25, Florida Statutes, is repealed.
  384         Section 14. Section 1001.26, Florida Statutes, is amended
  385  to read:
  386         1001.26 Public broadcasting program system.—
  387         (1) There is created a public broadcasting program system
  388  for the state. The department shall provide funds, as
  389  specifically appropriated in the General Appropriations Act, to
  390  educational television stations qualified by the Corporation for
  391  Public Broadcasting that are part of the public broadcasting
  392  program system administer this program system pursuant to rules
  393  adopted by the State Board of Education. This program system
  394  must complement and share resources with the instructional
  395  programming service of the Department of Education and
  396  educational UHF, VHF, EBS, and FM stations in the state. The
  397  program system must include:
  398         (a) Support for existing Corporation for Public
  399  Broadcasting qualified program system educational television
  400  stations and new stations meeting Corporation for Public
  401  Broadcasting qualifications and providing a first service to an
  402  audience that does not currently receive a broadcast signal or
  403  providing a significant new program service as defined by rule
  404  by the State Board of Education.
  405         (b) Maintenance of quality broadcast capability for
  406  educational stations that are part of the program system.
  407         (c) Interconnection of all educational stations that are
  408  part of the program system for simultaneous broadcast and of
  409  such stations with all universities and other institutions as
  410  necessary for sharing of resources and delivery of programming.
  411         (d) Establishment and maintenance of a capability for
  412  statewide program distribution with facilities and staff,
  413  provided such facilities and staff complement and strengthen
  414  existing or future educational television stations in accordance
  415  with paragraph (a) and s. 1001.25(2)(c).
  416         (e) Provision of both statewide programming funds and
  417  station programming support for educational television to meet
  418  statewide priorities. Priorities for station programming need
  419  not be the same as priorities for programming to be used
  420  statewide. Station programming may include, but shall not be
  421  limited to, citizens’ participation programs, music and fine
  422  arts programs, coverage of public hearings and governmental
  423  meetings, equal air time for political candidates, and other
  424  public interest programming.
  425         (2)(a) The Department of Education is responsible for
  426  implementing the provisions of this section pursuant to s.
  427  282.702 and may employ personnel, acquire equipment and
  428  facilities, and perform all duties necessary for carrying out
  429  the purposes and objectives of this section.
  430         (b) The department shall provide through educational
  431  television and other electronic media a means of extending
  432  educational services to all the state system of public
  433  education. The department shall recommend to the State Board of
  434  Education rules necessary to provide such services.
  435         (c) The department is authorized to provide equipment,
  436  funds, and other services to extend and update both the existing
  437  and the proposed educational television systems of tax-supported
  438  and nonprofit, corporate-owned facilities. All stations funded
  439  must be qualified by the Corporation for Public Broadcasting.
  440  New stations eligible for funding shall provide a first service
  441  to an audience that is not currently receiving a broadcast
  442  signal or provide a significant new program service as defined
  443  by State Board of Education rules. Funds appropriated to the
  444  department for educational television may be used by the
  445  department for educational television only.
  446         (3)(a) The facilities, plant, or personnel of an
  447  educational television station that is supported in whole or in
  448  part by state funds may not be used directly or indirectly for
  449  the promotion, advertisement, or advancement of a political
  450  candidate for a municipal, county, legislative, congressional,
  451  or state office. However, fair, open, and free discussion
  452  between political candidates for municipal, county, legislative,
  453  congressional, or state office may be permitted in order to help
  454  materially reduce the excessive cost of campaigns and to ensure
  455  that the state’s citizens are fully informed about issues and
  456  candidates in campaigns. This paragraph applies to the advocacy
  457  for, or opposition to, a specific existing or proposed program
  458  of governmental action, which includes, but is not limited to,
  459  constitutional amendments, tax referenda, and bond issues. This
  460  paragraph shall be implemented in accordance with rules of the
  461  State Board of Education.
  462         (b) A violation of a prohibition contained in this
  463  subsection is a misdemeanor of the second degree, punishable as
  464  provided in s. 775.082 or s. 775.083.
  465         Section 15. Subsection (7) of section 1001.47, Florida
  466  Statutes, is repealed.
  467         Section 16. Subsection (6) of section 1001.50, Florida
  468  Statutes, is repealed.
  469         Section 17. Section 1001.62, Florida Statutes, is repealed.
  470         Section 18. Subsection (3) of section 1001.73, Florida
  471  Statutes, is repealed.
  472         Section 19. Subsections (8), (16), and (21) of section
  473  1002.20, Florida Statutes, are amended to read:
  474         1002.20 K-12 student and parent rights.—Parents of public
  475  school students must receive accurate and timely information
  476  regarding their child’s academic progress and must be informed
  477  of ways they can help their child to succeed in school. K-12
  478  students and their parents are afforded numerous statutory
  479  rights including, but not limited to, the following:
  480         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  481  students with disabilities and parents of public school students
  482  in residential care facilities are entitled to notice and due
  483  process in accordance with the provisions of ss. 1003.57 and
  484  1003.58. Public school students with disabilities must be
  485  provided the opportunity to meet the graduation requirements for
  486  a standard high school diploma as set forth in s. 1003.4282 in
  487  accordance with the provisions of ss. 1003.57 and 1008.22 s.
  488  1003.428(3). Pursuant to s. 1003.438, certain public school
  489  students with disabilities may be awarded a special diploma upon
  490  high school graduation.
  491         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  492  REPORTS.—Parents of public school students are entitled to an
  493  easy-to-read report card about the school’s grade designation
  494  or, if applicable under s. 1008.341, the school’s improvement
  495  rating, and the school’s school accountability report, including
  496  the school financial report as required under s. 1010.215, and
  497  school improvement rating of their child’s school in accordance
  498  with the provisions of ss. 1008.22, 1003.02(3), and 1010.215(5).
  499         (21) PARENTAL INPUT AND MEETINGS.—
  500         (a) Meetings with school district personnel.—Parents of
  501  public school students may be accompanied by another adult of
  502  their choice at a any meeting with school district personnel.
  503  School district personnel may not object to the attendance of
  504  such adult or discourage or attempt to discourage, through an
  505  any action, statement, or other means, the parents of students
  506  with disabilities from inviting another person of their choice
  507  to attend a any meeting. Such prohibited actions include, but
  508  are not limited to, attempted or actual coercion or harassment
  509  of parents or students or retaliation or threats of consequences
  510  to parents or students.
  511         1. Such meetings include, but are not limited to, meetings
  512  related to: the eligibility for exceptional student education or
  513  related services; the development of an individual family
  514  support plan (IFSP); the development of an individual education
  515  plan (IEP); the development of a 504 accommodation plan issued
  516  under s. 504 of the Rehabilitation Act of 1973; the transition
  517  of a student from early intervention services to other services;
  518  the development of postsecondary goals for a student with a
  519  disability and the transition services needed to reach those
  520  goals; and other issues that may affect the a student’s
  521  educational environment, discipline, or placement of a student
  522  with a disability.
  523         2. The parents and school district personnel attending the
  524  meeting shall sign a document at the meeting’s conclusion which
  525  states whether any school district personnel have prohibited,
  526  discouraged, or attempted to discourage the parents from
  527  inviting a person of their choice to the meeting.
  528         (b) School district best financial management practice
  529  reviews.—Public school students and their parents may provide
  530  input regarding their concerns about the operations and
  531  management of the school district both during and after the
  532  conduct of a school district best financial management practices
  533  review, in accordance with the provisions of s. 1008.35.
  534         (b)(c)District school board educational facilities
  535  programs.—Parents of public school students and other members of
  536  the public have the right to receive proper public notice and
  537  opportunity for public comment regarding the district school
  538  board’s educational facilities work program, in accordance with
  539  the provisions of s. 1013.35.
  540         Section 20. Subsections (2) through (8) of section 1002.31,
  541  Florida Statutes, are amended to read:
  542         1002.31 Controlled open enrollment; public school parental
  543  choice.—
  544         (2) Each district school board may offer controlled open
  545  enrollment within the public schools which is. The controlled
  546  open enrollment program shall be offered in addition to the
  547  existing choice programs such as virtual instruction programs,
  548  magnet schools, alternative schools, special programs, advanced
  549  placement, and dual enrollment.
  550         (3) Each district school board offering controlled open
  551  enrollment shall adopt by rule and post on its website develop a
  552  controlled open enrollment plan which must: describes the
  553  implementation of subsection (2).
  554         (a)(4) School districts shall Adhere to federal
  555  desegregation requirements. No controlled open enrollment plan
  556  that conflicts with federal desegregation orders shall be
  557  implemented.
  558         (5) Each school district shall develop a system of
  559  priorities for its plan that includes consideration of the
  560  following:
  561         (b)(a)Include an application process required to
  562  participate in the controlled open enrollment program.
  563         (b) A process that allows parents to declare school
  564  preferences, including.
  565         (c) A process that encourages placement of siblings within
  566  the same school.
  567         (c)(d)Provide a lottery procedure used by the school
  568  district to determine student assignment and establish.
  569         (e) an appeals process for hardship cases.
  570         (d) Afford parents of students in multiple session schools
  571  preferred access to controlled open enrollment.
  572         (e)(f)The procedures to Maintain socioeconomic,
  573  demographic, and racial balance.
  574         (f)(g)Address the availability of transportation.
  575         (h) A process that promotes strong parental involvement,
  576  including the designation of a parent liaison.
  577         (i) A strategy that establishes a clearinghouse of
  578  information designed to assist parents in making informed
  579  choices.
  580         (6) Plans shall be submitted to the Commissioner of
  581  Education. The Commissioner of Education shall develop an annual
  582  report on the status of school choice and deliver the report to
  583  the Governor, the President of the Senate, and the Speaker of
  584  the House of Representatives at least 90 days prior to the
  585  convening of the regular session of the Legislature.
  586         (7) Notwithstanding any provision of this section, a school
  587  district with schools operating on both multiple session
  588  schedules and single session schedules shall afford parents of
  589  students in multiple session schools preferred access to the
  590  controlled open enrollment program of the school district.
  591         (4)(8)In accordance with the reporting requirements of s.
  592  1011.62, each district school board shall annually report the
  593  number of students applying for and attending the various types
  594  of public schools of choice in the district, including schools
  595  such as virtual instruction programs, magnet schools, and public
  596  charter schools, according to rules adopted by the State Board
  597  of Education.
  598         Section 21. Subsection (5) of section 1002.3105, Florida
  599  Statutes, is amended to read:
  600         1002.3105 Academically Challenging Curriculum to Enhance
  601  Learning (ACCEL) options.—
  602         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  603  meets the applicable grade 9 cohort graduation requirements of
  604  s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5.,
  605  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  606  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  607  scale shall be awarded a standard high school diploma in a form
  608  prescribed by the State Board of Education.
  609         Section 22. Subsection (3) of section 1002.321, Florida
  610  Statutes, is amended to read:
  611         1002.321 Digital learning.—
  612         (3) DIGITAL PREPARATION.—As required under s. 1003.4282, a
  613  Each student entering grade 9 in the 2011-2012 school year and
  614  thereafter who seeks a high school diploma must take graduate
  615  from high school having taken at least one online course, as
  616  provided in s. 1003.428.
  617         Section 23. Paragraph (a) of subsection (6), paragraph (a)
  618  of subsection (7), and subsection (25) of section 1002.33,
  619  Florida Statutes, are amended to read:
  620         1002.33 Charter schools.—
  621         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  622  applications are subject to the following requirements:
  623         (a) A person or entity wishing to open a charter school
  624  shall prepare and submit an application on a model application
  625  form prepared by the Department of Education which:
  626         1. Demonstrates how the school will use the guiding
  627  principles and meet the statutorily defined purpose of a charter
  628  school.
  629         2. Provides a detailed curriculum plan that illustrates how
  630  students will be provided services to attain the Sunshine State
  631  Standards.
  632         3. Contains goals and objectives for improving student
  633  learning and measuring that improvement. These goals and
  634  objectives must indicate how much academic improvement students
  635  are expected to show each year, how success will be evaluated,
  636  and the specific results to be attained through instruction.
  637         4. Describes the reading curriculum and differentiated
  638  strategies that will be used for students reading at grade level
  639  or higher and a separate curriculum and strategies for students
  640  who are reading below grade level. A sponsor shall deny a
  641  charter if the school does not propose a reading curriculum that
  642  is consistent with effective teaching strategies that are
  643  grounded in scientifically based reading research.
  644         5. Contains an annual financial plan for each year
  645  requested by the charter for operation of the school for up to 5
  646  years. This plan must contain anticipated fund balances based on
  647  revenue projections, a spending plan based on projected revenues
  648  and expenses, and a description of controls that will safeguard
  649  finances and projected enrollment trends.
  650         6. Contains Documents that the applicant has participated
  651  in the training required in subparagraph (f)2. A sponsor may
  652  require an applicant to provide additional information a sponsor
  653  may require, which shall be attached as an addendum to the
  654  charter school application described in this paragraph.
  655         7. For the establishment of a virtual charter school,
  656  documents that the applicant has contracted with a provider of
  657  virtual instruction services pursuant to s. 1002.45(1)(d).
  658         (7) CHARTER.—The major issues involving the operation of a
  659  charter school shall be considered in advance and written into
  660  the charter. The charter shall be signed by the governing board
  661  of the charter school and the sponsor, following a public
  662  hearing to ensure community input.
  663         (a) The charter shall address and criteria for approval of
  664  the charter shall be based on:
  665         1. The school’s mission, the students to be served, and the
  666  ages and grades to be included.
  667         2. The focus of the curriculum, the instructional methods
  668  to be used, any distinctive instructional techniques to be
  669  employed, and identification and acquisition of appropriate
  670  technologies needed to improve educational and administrative
  671  performance which include a means for promoting safe, ethical,
  672  and appropriate uses of technology which comply with legal and
  673  professional standards.
  674         a. The charter shall ensure that reading is a primary focus
  675  of the curriculum and that resources are provided to identify
  676  and provide specialized instruction for students who are reading
  677  below grade level. The curriculum and instructional strategies
  678  for reading must be consistent with the Next Generation Sunshine
  679  State Standards and grounded in scientifically based reading
  680  research.
  681         b. In order to provide students with access to diverse
  682  instructional delivery models, to facilitate the integration of
  683  technology within traditional classroom instruction, and to
  684  provide students with the skills they need to compete in the
  685  21st century economy, the Legislature encourages instructional
  686  methods for blended learning courses consisting of both
  687  traditional classroom and online instructional techniques.
  688  Charter schools may implement blended learning courses which
  689  combine traditional classroom instruction and virtual
  690  instruction. Students in a blended learning course must be full
  691  time students of the charter school and receive the online
  692  instruction in a classroom setting at the charter school.
  693  Instructional personnel certified pursuant to s. 1012.55 who
  694  provide virtual instruction for blended learning courses may be
  695  employees of the charter school or may be under contract to
  696  provide instructional services to charter school students. At a
  697  minimum, such instructional personnel must hold an active state
  698  or school district adjunct certification under s. 1012.57 for
  699  the subject area of the blended learning course. The funding and
  700  performance accountability requirements for blended learning
  701  courses are the same as those for traditional courses.
  702         3. The current incoming baseline standard of student
  703  academic achievement, the outcomes to be achieved, and the
  704  method of measurement that will be used. The criteria listed in
  705  this subparagraph shall include a detailed description of:
  706         a. How the baseline student academic achievement levels and
  707  prior rates of academic progress will be established.
  708         b. How these baseline rates will be compared to rates of
  709  academic progress achieved by these same students while
  710  attending the charter school.
  711         c. To the extent possible, how these rates of progress will
  712  be evaluated and compared with rates of progress of other
  713  closely comparable student populations.
  714  
  715  The district school board is required to provide academic
  716  student performance data to charter schools for each of their
  717  students coming from the district school system, as well as
  718  rates of academic progress of comparable student populations in
  719  the district school system.
  720         4. The methods used to identify the educational strengths
  721  and needs of students and how well educational goals and
  722  performance standards are met by students attending the charter
  723  school. The methods shall provide a means for the charter school
  724  to ensure accountability to its constituents by analyzing
  725  student performance data and by evaluating the effectiveness and
  726  efficiency of its major educational programs. Students in
  727  charter schools shall, at a minimum, participate in the
  728  statewide assessment program created under s. 1008.22.
  729         5. In secondary charter schools, a method for determining
  730  that a student has satisfied the requirements for graduation in
  731  s. 1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282.
  732         6. A method for resolving conflicts between the governing
  733  board of the charter school and the sponsor.
  734         7. The admissions procedures and dismissal procedures,
  735  including the school’s code of student conduct.
  736         8. The ways by which the school will achieve a
  737  racial/ethnic balance reflective of the community it serves or
  738  within the racial/ethnic range of other public schools in the
  739  same school district.
  740         9. The financial and administrative management of the
  741  school, including a reasonable demonstration of the professional
  742  experience or competence of those individuals or organizations
  743  applying to operate the charter school or those hired or
  744  retained to perform such professional services and the
  745  description of clearly delineated responsibilities and the
  746  policies and practices needed to effectively manage the charter
  747  school. A description of internal audit procedures and
  748  establishment of controls to ensure that financial resources are
  749  properly managed must be included. Both public sector and
  750  private sector professional experience shall be equally valid in
  751  such a consideration.
  752         10. The asset and liability projections required in the
  753  application which are incorporated into the charter and shall be
  754  compared with information provided in the annual report of the
  755  charter school.
  756         11. A description of procedures that identify various risks
  757  and provide for a comprehensive approach to reduce the impact of
  758  losses; plans to ensure the safety and security of students and
  759  staff; plans to identify, minimize, and protect others from
  760  violent or disruptive student behavior; and the manner in which
  761  the school will be insured, including whether or not the school
  762  will be required to have liability insurance, and, if so, the
  763  terms and conditions thereof and the amounts of coverage.
  764         12. The term of the charter which shall provide for
  765  cancellation of the charter if insufficient progress has been
  766  made in attaining the student achievement objectives of the
  767  charter and if it is not likely that such objectives can be
  768  achieved before expiration of the charter. The initial term of a
  769  charter shall be for 4 or 5 years. In order to facilitate access
  770  to long-term financial resources for charter school
  771  construction, charter schools that are operated by a
  772  municipality or other public entity as provided by law are
  773  eligible for up to a 15-year charter, subject to approval by the
  774  district school board. A charter lab school is eligible for a
  775  charter for a term of up to 15 years. In addition, to facilitate
  776  access to long-term financial resources for charter school
  777  construction, charter schools that are operated by a private,
  778  not-for-profit, s. 501(c)(3) status corporation are eligible for
  779  up to a 15-year charter, subject to approval by the district
  780  school board. Such long-term charters remain subject to annual
  781  review and may be terminated during the term of the charter, but
  782  only according to the provisions set forth in subsection (8).
  783         13. The facilities to be used and their location. The
  784  sponsor may not require a charter school to have a certificate
  785  of occupancy or a temporary certificate of occupancy for such a
  786  facility earlier than 15 calendar days before the first day of
  787  school.
  788         14. The qualifications to be required of the teachers and
  789  the potential strategies used to recruit, hire, train, and
  790  retain qualified staff to achieve best value.
  791         15. The governance structure of the school, including the
  792  status of the charter school as a public or private employer as
  793  required in paragraph (12)(i).
  794         16. A timetable for implementing the charter which
  795  addresses the implementation of each element thereof and the
  796  date by which the charter shall be awarded in order to meet this
  797  timetable.
  798         17. In the case of an existing public school that is being
  799  converted to charter status, alternative arrangements for
  800  current students who choose not to attend the charter school and
  801  for current teachers who choose not to teach in the charter
  802  school after conversion in accordance with the existing
  803  collective bargaining agreement or district school board rule in
  804  the absence of a collective bargaining agreement. However,
  805  alternative arrangements shall not be required for current
  806  teachers who choose not to teach in a charter lab school, except
  807  as authorized by the employment policies of the state university
  808  which grants the charter to the lab school.
  809         18. Full disclosure of the identity of all relatives
  810  employed by the charter school who are related to the charter
  811  school owner, president, chairperson of the governing board of
  812  directors, superintendent, governing board member, principal,
  813  assistant principal, or any other person employed by the charter
  814  school who has equivalent decisionmaking authority. For the
  815  purpose of this subparagraph, the term “relative” means father,
  816  mother, son, daughter, brother, sister, uncle, aunt, first
  817  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  818  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  819  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  820  stepsister, half brother, or half sister.
  821         19. Implementation of the activities authorized under s.
  822  1002.331 by the charter school when it satisfies the eligibility
  823  requirements for a high-performing charter school. A high
  824  performing charter school shall notify its sponsor in writing by
  825  March 1 if it intends to increase enrollment or expand grade
  826  levels the following school year. The written notice shall
  827  specify the amount of the enrollment increase and the grade
  828  levels that will be added, as applicable.
  829         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  830  SCHOOL SYSTEMS.—A charter school system’s governing board system
  831  shall be designated a local educational agency for the purpose
  832  of receiving federal funds, the same as though the charter
  833  school system were a school district, if the governing board of
  834  the charter school system has adopted and filed a resolution
  835  with its sponsoring district school board and the Department of
  836  Education in which the governing board of the charter school
  837  system accepts the full responsibility for all local education
  838  agency requirements and the charter school system meets all of
  839  the following:
  840         (a) Includes both conversion charter schools and
  841  nonconversion charter schools;
  842         (b) Has all schools located in the same county;
  843         (c) Has a total enrollment exceeding the total enrollment
  844  of at least one school district in the state;
  845         (d) Has the same governing board; and
  846         (e) Does not contract with a for-profit service provider
  847  for management of school operations.
  848  
  849  Such designation does not apply to other provisions unless
  850  specifically provided in law.
  851         Section 24. Paragraph (g) of subsection (4) and paragraph
  852  (d) of subsection (6) of section 1002.34, Florida Statutes, are
  853  amended to read:
  854         1002.34 Charter technical career centers.—
  855         (4) CHARTER.—A sponsor may designate centers as provided in
  856  this section. An application to establish a center may be
  857  submitted by a sponsor or another organization that is
  858  determined, by rule of the State Board of Education, to be
  859  appropriate. However, an independent school is not eligible for
  860  status as a center. The charter must be signed by the governing
  861  body of the center and the sponsor and must be approved by the
  862  district school board and Florida College System institution
  863  board of trustees in whose geographic region the facility is
  864  located. If a charter technical career center is established by
  865  the conversion to charter status of a public technical center
  866  formerly governed by a district school board, the charter status
  867  of that center takes precedence in any question of governance.
  868  The governance of the center or of any program within the center
  869  remains with its board of directors unless the board agrees to a
  870  change in governance or its charter is revoked as provided in
  871  subsection (15). Such a conversion charter technical career
  872  center is not affected by a change in the governance of public
  873  technical centers or of programs within other centers that are
  874  or have been governed by district school boards. A charter
  875  technical career center, or any program within such a center,
  876  that was governed by a district school board and transferred to
  877  a Florida College System institution prior to the effective date
  878  of this act is not affected by this provision. An applicant who
  879  wishes to establish a center must submit to the district school
  880  board or Florida College System institution board of trustees,
  881  or a consortium of one or more of each, an application on a form
  882  developed by the Department of Education which includes:
  883         (g) A method for determining whether a student has
  884  satisfied the requirements for graduation specified in s.
  885  1002.3105(5), s. 1003.4281, or s. 1003.4282 1003.428 or s.
  886  1003.429 and for completion of a postsecondary certificate or
  887  degree.
  888  
  889  Students at a center must meet the same testing and academic
  890  performance standards as those established by law and rule for
  891  students at public schools and public technical centers. The
  892  students must also meet any additional assessment indicators
  893  that are included within the charter approved by the district
  894  school board or Florida College System institution board of
  895  trustees.
  896         (6) SPONSOR.—A district school board or Florida College
  897  System institution board of trustees or a consortium of one or
  898  more of each may sponsor a center in the county in which the
  899  board has jurisdiction.
  900         (d)1. The Department of Education shall offer or arrange
  901  for training and technical assistance to centers which must
  902  include applicants in developing and amending business plans,
  903  and estimating and accounting for costs and income, complying
  904  with state and federal grant and student performance
  905  accountability reporting requirements, implementing good
  906  business practices. This assistance shall address estimating
  907  startup costs, projecting enrollment, and identifying the types
  908  and amounts of state and federal financial aid assistance the
  909  center may be eligible to receive. The training shall include
  910  instruction in accurate financial planning and good business
  911  practices.
  912         2. An applicant must participate in the training provided
  913  by the department after approval of its of Education before
  914  filing an application but at least 30 days before the first day
  915  of classes at the center. The department of Education may
  916  provide technical assistance to an applicant upon written
  917  request.
  918         Section 25. Paragraphs (a) and (b) of subsection (1) and
  919  subsection (3) of section 1002.345, Florida Statutes, are
  920  amended to read:
  921         1002.345 Determination of deteriorating financial
  922  conditions and financial emergencies for charter schools and
  923  charter technical career centers.—This section applies to
  924  charter schools operating pursuant to s. 1002.33 and to charter
  925  technical career centers operating pursuant to s. 1002.34.
  926         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  927         (a) A charter school or a charter technical career center
  928  is subject to an expedited review by the sponsor if one of the
  929  following occurs:
  930         1. Failure to provide for an audit required by s. 218.39.
  931         2. Failure to comply with reporting requirements pursuant
  932  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  933         3. A deteriorating financial condition identified through
  934  an annual audit pursuant to s. 218.39(5), or a monthly financial
  935  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  936  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  937  “Deteriorating financial condition” means a circumstance that
  938  significantly impairs the ability of a charter school or a
  939  charter technical career center to generate enough revenues to
  940  meet its expenditures without causing the occurrence of a
  941  condition described in s. 218.503(1).
  942         4. Notification pursuant to s. 218.503(2) that one or more
  943  of the conditions specified in s. 218.503(1) have occurred or
  944  will occur if action is not taken to assist the charter school
  945  or charter technical career center.
  946         (b) A sponsor shall notify the governing board and the
  947  Commissioner of Education within 7 business days after one or
  948  more of the conditions specified in paragraph (a) occur.
  949         (3) REPORT.—The Commissioner of Education shall annually
  950  report to the State Board of Education each charter school and
  951  charter technical career center that is subject to a financial
  952  recovery plan or a corrective action plan under this section.
  953         Section 26. Paragraph (a) of subsection (2) of section
  954  1002.39, Florida Statutes, is amended to read:
  955         1002.39 The John M. McKay Scholarships for Students with
  956  Disabilities Program.—There is established a program that is
  957  separate and distinct from the Opportunity Scholarship Program
  958  and is named the John M. McKay Scholarships for Students with
  959  Disabilities Program.
  960         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  961  student with a disability may request and receive from the state
  962  a John M. McKay Scholarship for the child to enroll in and
  963  attend a private school in accordance with this section if:
  964         (a) The student has:
  965         1. Received specialized instructional services under the
  966  Voluntary Prekindergarten Education Program pursuant to s.
  967  1002.66 during the previous school year and the student has a
  968  current individual educational plan developed by the local
  969  school board in accordance with rules of the State Board of
  970  Education for the John M. McKay Scholarships for Students with
  971  Disabilities Program or a 504 accommodation plan has been issued
  972  under s. 504 of the Rehabilitation Act of 1973; or
  973         2. Spent the prior school year in attendance at a Florida
  974  public school or the Florida School for the Deaf and the Blind.
  975  For purposes of this subparagraph, prior school year in
  976  attendance means that the student was enrolled and reported by:
  977         a. A school district for funding during the preceding
  978  October and February Florida Education Finance Program surveys
  979  in kindergarten through grade 12, which includes time spent in a
  980  Department of Juvenile Justice commitment program if funded
  981  under the Florida Education Finance Program;
  982         b.  The Florida School for the Deaf and the Blind during
  983  the preceding October and February student membership surveys in
  984  kindergarten through grade 12; or
  985         c.  A school district for funding during the preceding
  986  October and February Florida Education Finance Program surveys,
  987  was at least 4 years of age when so enrolled and reported, and
  988  was eligible for services under s. 1003.21(1)(e); or
  989         3. Been enrolled and reported by a school district for
  990  funding, during the October and February Florida Education
  991  Finance Program surveys, in any of the 5 years prior to the
  992  2010-2011 fiscal year; has a current individualized educational
  993  plan developed by the district school board in accordance with
  994  rules of the State Board of Education for the John M. McKay
  995  Scholarship Program no later than June 30, 2011; and receives a
  996  first-time John M. McKay scholarship for the 2011-2012 school
  997  year. Upon request of the parent, the local school district
  998  shall complete a matrix of services as required in subparagraph
  999  (5)(b)1. for a student requesting a current individualized
 1000  educational plan in accordance with the provisions of this
 1001  subparagraph.
 1002  
 1003  However, a dependent child of a member of the United States
 1004  Armed Forces who transfers to a school in this state from out of
 1005  state or from a foreign country due to a parent’s permanent
 1006  change of station orders is exempt from this paragraph but must
 1007  meet all other eligibility requirements to participate in the
 1008  program.
 1009         Section 27. Subsection (5) of section 1002.41, Florida
 1010  Statutes, is amended to read:
 1011         1002.41 Home education programs.—
 1012         (5) Home education students may participate in the Bright
 1013  Futures Scholarship Program in accordance with the provisions of
 1014  ss. 1009.53-1009.538 1009.53-1009.539.
 1015         Section 28. Section 1002.415, Florida Statutes, is
 1016  repealed.
 1017         Section 29. Paragraph (b) of subsection (4) and subsection
 1018  (10) of section 1002.45, Florida Statutes, are amended to read:
 1019         1002.45 Virtual instruction programs.—
 1020         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
 1021  provider must at minimum:
 1022         (b) Provide a method for determining that a student has
 1023  satisfied the requirements for graduation in s. 1002.3105(5), s.
 1024  1003.4281, 1003.428 or s. 1003.4282 if the contract is for the
 1025  provision of a full-time virtual instruction program to students
 1026  in grades 9 through 12.
 1027         (10) MARKETING.—Each school district shall provide
 1028  information to parents and students about the parent’s and
 1029  student’s right to participate in a virtual instruction program
 1030  under this section and in courses offered by the Florida Virtual
 1031  School under s. 1002.37.
 1032         Section 30. Paragraph (c) of subsection (2) of section
 1033  1002.455, Florida Statutes, is amended to read:
 1034         1002.455 Student eligibility for K-12 virtual instruction.—
 1035         (2) A student is eligible to participate in virtual
 1036  instruction if:
 1037         (c) The student was enrolled during the prior school year
 1038  in a virtual instruction program under s. 1002.45, the K-8
 1039  Virtual School Program under s. 1002.415, or a full-time Florida
 1040  Virtual School program under s. 1002.37(8)(a);
 1041         Section 31. Section 1002.65, Florida Statutes, is repealed.
 1042         Section 32. Subsection (14) of section 1003.01, Florida
 1043  Statutes, is amended to read:
 1044         1003.01 Definitions.—As used in this chapter, the term:
 1045         (14) “Core-curricula courses” means:
 1046         (a) Courses in language arts/reading, mathematics, social
 1047  studies, and science in prekindergarten through grade 3,
 1048  excluding any extracurricular courses pursuant to subsection
 1049  (15);
 1050         (b) Courses in grades 4 through 8 in subjects that are
 1051  measured by state assessment at any grade level and courses
 1052  required for middle school promotion, excluding any
 1053  extracurricular courses pursuant to subsection (15);
 1054         (c) Courses in grades 9 through 12 in subjects that are
 1055  measured by state assessment at any grade level and courses that
 1056  are specifically identified by name in statute as required for
 1057  high school graduation and that are not measured by state
 1058  assessment, excluding any extracurricular courses pursuant to
 1059  subsection (15);
 1060         (d) Exceptional student education courses; and
 1061         (e) English for Speakers of Other Languages courses.
 1062  
 1063  The term is limited in meaning and used for the sole purpose of
 1064  designating classes that are subject to the maximum class size
 1065  requirements established in s. 1, Art. IX of the State
 1066  Constitution. This term does not include courses offered under
 1067  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415,
 1068  1002.45, and 1003.499.
 1069         Section 33. Paragraph (d) of subsection (1) of section
 1070  1003.02, Florida Statutes, is amended to read:
 1071         1003.02 District school board operation and control of
 1072  public K-12 education within the school district.—As provided in
 1073  part II of chapter 1001, district school boards are
 1074  constitutionally and statutorily charged with the operation and
 1075  control of public K-12 education within their school district.
 1076  The district school boards must establish, organize, and operate
 1077  their public K-12 schools and educational programs, employees,
 1078  and facilities. Their responsibilities include staff
 1079  development, public K-12 school student education including
 1080  education for exceptional students and students in juvenile
 1081  justice programs, special programs, adult education programs,
 1082  and career education programs. Additionally, district school
 1083  boards must:
 1084         (1) Provide for the proper accounting for all students of
 1085  school age, for the attendance and control of students at
 1086  school, and for proper attention to health, safety, and other
 1087  matters relating to the welfare of students in the following
 1088  fields:
 1089         (d) Courses of study and instructional materials.—
 1090         1. Provide adequate instructional materials for all
 1091  students as follows and in accordance with the requirements of
 1092  chapter 1006, in the core courses of mathematics, language arts,
 1093  social studies, science, reading, and literature, except for
 1094  instruction for which the school advisory council approves the
 1095  use of a program that does not include a textbook as a major
 1096  tool of instruction.
 1097         2. Adopt courses of study for use in the schools of the
 1098  district.
 1099         3. Provide for proper requisitioning, distribution,
 1100  accounting, storage, care, and use of all instructional
 1101  materials as may be needed, and ensure that instructional
 1102  materials used in the district are consistent with the district
 1103  goals and objectives and the course descriptions curriculum
 1104  frameworks approved by the State Board of Education, as well as
 1105  with the state and school district performance standards
 1106  required by law and state board rule.
 1107         Section 34. Paragraph (c) of subsection (3) and subsection
 1108  (6) of section 1003.03, Florida Statutes, are amended to read:
 1109         1003.03 Maximum class size.—
 1110         (3) IMPLEMENTATION OPTIONS.—District school boards must
 1111  consider, but are not limited to, implementing the following
 1112  items in order to meet the constitutional class size maximums
 1113  described in subsection (1):
 1114         (c)1. Repeal district school board policies that require
 1115  students to earn more than the 24 credits required under s.
 1116  1003.428 to graduate from high school.
 1117         2. Implement the early graduation options option provided
 1118  in ss. 1002.3105(5) and s. 1003.4281.
 1119         (6) COURSES FOR COMPLIANCE.—Consistent with s. the
 1120  provisions in ss. 1003.01(14) and 1003.428, the Department of
 1121  Education shall identify from the Course Code Directory the
 1122  core-curricula courses for the purpose of satisfying the maximum
 1123  class size requirement in this section. The department may adopt
 1124  rules to implement this subsection, if necessary.
 1125         Section 35. Subsection (3) of section 1003.41, Florida
 1126  Statutes, is amended to read:
 1127         1003.41 Next Generation Sunshine State Standards.—
 1128         (3) The Commissioner of Education, as needed, shall develop
 1129  and submit proposed revisions to the standards for review and
 1130  comment by Florida educators, school administrators,
 1131  representatives of the Florida College System institutions and
 1132  state universities who have expertise in the content knowledge
 1133  and skills necessary to prepare a student for postsecondary
 1134  education and careers, business and industry leaders, and the
 1135  public. The commissioner, after considering reviews and
 1136  comments, shall submit the proposed revisions to the State Board
 1137  of Education for adoption. In addition, the commissioner shall
 1138  prepare an analysis of the costs associated with implementing a
 1139  separate, one-half credit course in financial literacy,
 1140  including estimated costs for instructional personnel, training,
 1141  and the development or purchase of instructional materials. The
 1142  commissioner shall work with one or more nonprofit organizations
 1143  with proven expertise in the area of personal finance, consider
 1144  free resources that can be utilized for instructional materials,
 1145  and provide data on the implementation of such a course in other
 1146  states. The commissioner shall provide the cost analysis to the
 1147  President of the Senate and the Speaker of the House of
 1148  Representatives by October 1, 2013.
 1149         Section 36. Paragraphs (b) and (c) of subsection (1) and
 1150  subsections (2) and (3) of section 1003.4156, Florida Statutes,
 1151  are amended to read:
 1152         1003.4156 General requirements for middle grades
 1153  promotion.—
 1154         (1) In order for a student to be promoted to high school
 1155  from a school that includes middle grades 6, 7, and 8, the
 1156  student must successfully complete the following courses:
 1157         (b) Three middle grades or higher courses in mathematics.
 1158  Each school that includes middle grades must offer at least one
 1159  high school level mathematics course for which students may earn
 1160  high school credit. Successful completion of a high school level
 1161  Algebra I or Geometry course is not contingent upon the
 1162  student’s performance on the statewide, standardized end-of
 1163  course (EOC) assessment or, upon transition to common core
 1164  assessments, the common core Algebra I or geometry assessments
 1165  required under s. 1008.22. However, beginning with the 2011-2012
 1166  school year, To earn high school credit for Algebra I, a middle
 1167  grades student must take the statewide, standardized Algebra I
 1168  EOC assessment and pass the course, and in addition, beginning
 1169  with the 2013-2014 school year and thereafter, a student’s
 1170  performance on the Algebra I EOC assessment constitutes 30
 1171  percent of the student’s final course grade. pass the Algebra I
 1172  statewide, standardized assessment, and beginning with the 2012
 1173  2013 school year, To earn high school credit for a Geometry
 1174  course, a middle grades student must take the statewide,
 1175  standardized Geometry EOC assessment, which constitutes 30
 1176  percent of the student’s final course grade, and earn a passing
 1177  grade in the course.
 1178         (c) Three middle grades or higher courses in social
 1179  studies. Beginning with students entering grade 6 in the 2012
 1180  2013 school year, one of these courses must be at least a one
 1181  semester civics education course that includes the roles and
 1182  responsibilities of federal, state, and local governments; the
 1183  structures and functions of the legislative, executive, and
 1184  judicial branches of government; and the meaning and
 1185  significance of historic documents, such as the Articles of
 1186  Confederation, the Declaration of Independence, and the
 1187  Constitution of the United States. Beginning with the 2013-2014
 1188  school year, each student’s performance on the statewide,
 1189  standardized EOC assessment in civics education required under
 1190  s. 1008.22 constitutes 30 percent of the student’s final course
 1191  grade. A middle grades student who transfers into the state’s
 1192  public school system from out of country, out of state, a
 1193  private school, or a home education program after the beginning
 1194  of the second term of grade 8 is not required to meet the civics
 1195  education requirement for promotion from the middle grades if
 1196  the student’s transcript documents passage of three courses in
 1197  social studies or two year-long courses in social studies that
 1198  include coverage of civics education.
 1199  
 1200  Each school must inform parents about the course curriculum and
 1201  activities. Each student shall complete a personal education
 1202  plan that must be signed by the student and the student’s
 1203  parent. The Department of Education shall develop course
 1204  frameworks and professional development materials for the career
 1205  and education planning course. The course may be implemented as
 1206  a stand-alone course or integrated into another course or
 1207  courses. The Commissioner of Education shall collect
 1208  longitudinal high school course enrollment data by student
 1209  ethnicity in order to analyze course-taking patterns.
 1210         (2) If a middle grades student scores Level l or Level 2 on
 1211  the statewide, standardized FCAT Reading assessment or, when
 1212  implemented, the state transitions to common core assessments on
 1213  the English Language Arts (ELA) assessment assessments required
 1214  under s. 1008.22, the following year the student must enroll in
 1215  and complete a remedial course or a content area course in which
 1216  remediation strategies are incorporated into course content
 1217  delivery. The department shall provide guidance on appropriate
 1218  strategies for diagnosing and meeting the varying instructional
 1219  needs of students performing below grade level.
 1220         (3) If a middle grades student scores Level 1 or Level 2 on
 1221  the statewide, standardized FCAT Mathematics assessment or, when
 1222  the state transitions to common core assessments, on the
 1223  mathematics common core assessments required under s. 1008.22,
 1224  the following year the student must receive remediation, which
 1225  may be integrated into the student’s required mathematics
 1226  courses.
 1227         Section 37. Section 1003.428, Florida Statutes, is
 1228  repealed.
 1229         Section 38. Subsection (1) of section 1003.4281, Florida
 1230  Statutes, is amended to read:
 1231         1003.4281 Early high school graduation.—
 1232         (1) The purpose of this section is to provide a student the
 1233  option of early graduation and receipt of a standard high school
 1234  diploma if the student earns 24 credits and meets the graduation
 1235  requirements set forth in s. 1003.428 or s. 1003.4282, as
 1236  applicable. For purposes of this section, the term “early
 1237  graduation” means graduation from high school in less than 8
 1238  semesters or the equivalent.
 1239         Section 39. Paragraphs (a), (b), (c), and (f) of subsection
 1240  (3), subsections (4), (5), (7), and (8), and paragraphs (a) and
 1241  (c) of subsection (9) of section 1003.4282, Florida Statutes,
 1242  are amended, subsection (10) is renumbered as subsection (11),
 1243  and a new subsection (10) is added to that section, to read:
 1244         1003.4282 Requirements for a standard high school diploma.—
 1245         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1246  REQUIREMENTS.—
 1247         (a) Four credits in English Language Arts (ELA).—The four
 1248  credits must be in ELA I, II, III, and IV. A student must pass
 1249  the statewide, standardized 10th grade 10 FCAT Reading
 1250  assessment or, when implemented, the until the state transitions
 1251  to a common core 10th grade 10 ELA assessment, or earn a
 1252  concordant score, after which time a student must pass the ELA
 1253  assessment in order to earn a standard high school diploma.
 1254         (b) Four credits in mathematics.—A student must earn one
 1255  credit in Algebra I and one credit in Geometry. A student’s
 1256  performance on the statewide, standardized Algebra I end-of
 1257  course (EOC) assessment or common core assessment, as
 1258  applicable, constitutes 30 percent of the student’s final course
 1259  grade. A student must pass the statewide, standardized Algebra I
 1260  EOC assessment, or earn a comparative score, until the state
 1261  transitions to a common core Algebra I assessment after which
 1262  time a student must pass the common core assessment in order to
 1263  earn a standard high school diploma. A student’s performance on
 1264  the statewide, standardized Geometry EOC assessment or common
 1265  core assessment, as applicable, constitutes 30 percent of the
 1266  student’s final course grade. If When the state administers a
 1267  statewide, standardized common core Algebra II assessment, a
 1268  student selecting Algebra II must take the assessment, and the
 1269  student’s performance on the assessment constitutes 30 percent
 1270  of the student’s final course grade. A student who earns an
 1271  industry certification for which there is a statewide college
 1272  credit articulation agreement approved by the State Board of
 1273  Education may substitute the certification for one mathematics
 1274  credit. Substitution may occur for up to two mathematics
 1275  credits, except for Algebra I and Geometry. Industry
 1276  certification courses that lead to college credit may substitute
 1277  for up to two math credits.
 1278         (c) Three credits in science.—Two of the three required
 1279  credits must have a laboratory component. A student must earn
 1280  one credit in Biology I and two credits in equally rigorous
 1281  courses. The statewide, standardized Biology I EOC assessment
 1282  constitutes 30 percent of the student’s final course grade. A
 1283  student who earns an industry certification for which there is a
 1284  statewide college credit articulation agreement approved by the
 1285  State Board of Education may substitute the certification for
 1286  one science credit, except for Biology I. Industry certification
 1287  courses that lead to college credit may substitute for up to one
 1288  science credit.
 1289         (f) One credit in physical education.—Physical education
 1290  must include the integration of health. Participation in an
 1291  interscholastic sport at the junior varsity or varsity level for
 1292  two full seasons shall satisfy the one-credit requirement in
 1293  physical education if the student passes a competency test on
 1294  personal fitness with a score of “C” or better. The competency
 1295  test on personal fitness developed by the Department of
 1296  Education must be used. A district school board may not require
 1297  that the one credit in physical education be taken during the
 1298  9th grade year. Completion of one semester with a grade of “C”
 1299  or better in a marching band class, in a physical activity class
 1300  that requires participation in marching band activities as an
 1301  extracurricular activity, or in a dance class shall satisfy one
 1302  half credit in physical education or one-half credit in
 1303  performing arts. This credit may not be used to satisfy the
 1304  personal fitness requirement or the requirement for adaptive
 1305  physical education under an individual education plan (IEP) or
 1306  504 plan. Completion of 2 years in a Reserve Officer Training
 1307  Corps (R.O.T.C.) class, a significant component of which is
 1308  drills, shall satisfy the one–credit requirement in physical
 1309  education and the one-credit requirement in performing arts.
 1310  This credit may not be used to satisfy the personal fitness
 1311  requirement or the requirement for adaptive physical education
 1312  under an IEP or 504 plan. This requirement is subject to all of
 1313  the provisions in s. 1003.428(2)(a)6.
 1314         (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education
 1315  course, At least one course within the 24 credits required under
 1316  this section must be completed through online learning.
 1317  Beginning with students entering grade 9 in the 2013-2014 school
 1318  year, the required online course may not be a driver education
 1319  course. A school district may not require a student to take the
 1320  online course outside the school day or in addition to a
 1321  student’s courses for a given semester. An online course taken
 1322  in grade 6, grade 7, or grade 8 fulfills this requirement. This
 1323  requirement is met through an online course offered by the
 1324  Florida Virtual School, a virtual education provider approved by
 1325  the State Board of Education, a high school, or an online dual
 1326  enrollment course. A student who is enrolled in a full-time or
 1327  part-time virtual instruction program under s. 1002.45 meets
 1328  this requirement. This requirement does not apply to a student
 1329  who has an individual education plan under s. 1003.57 which
 1330  indicates that an online course would be inappropriate or to an
 1331  out-of-state transfer student who is enrolled in a Florida high
 1332  school and has 1 academic year or less remaining in high school.
 1333         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
 1334         (a) Each year a student scores Level 1 or Level 2 on the
 1335  statewide, standardized 9th grade 9 or 10th grade 10 FCAT
 1336  Reading assessment or, when implemented, the 9th grade 9, 10th
 1337  grade 10, or 11th grade 11 ELA assessment common core English
 1338  Language Arts (ELA) assessments, the student must be enrolled in
 1339  and complete an intensive remedial course the following year or
 1340  be placed in a content area course that includes remediation of
 1341  skills not acquired by the student.
 1342         (b) Each year a student scores Level 1 or Level 2 on the
 1343  statewide, standardized Algebra I EOC assessment, or upon
 1344  transition to the common core Algebra I assessment, the student
 1345  must be enrolled in and complete an intensive remedial course
 1346  the following year or be placed in a content area course that
 1347  includes remediation of skills not acquired by the student.
 1348         (7) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
 1349         (a) A student who earns a cumulative grade point average
 1350  (GPA) of 2.0 on a 4.0 scale and meets the requirements of this
 1351  section or s. 1002.3105(5) shall be awarded a standard high
 1352  school diploma in a form prescribed by the State Board of
 1353  Education.
 1354         (b) An adult student in an adult general education program
 1355  as provided under s. 1004.93 shall be awarded a standard high
 1356  school diploma if the student meets the requirements of this
 1357  section or s. 1002.3105(5), except that:
 1358         1. One elective credit may be substituted for the one
 1359  credit requirement in fine or performing arts, speech and
 1360  debate, or practical arts.
 1361         2. The requirement that two of the science credits include
 1362  a laboratory component may be waived by the district school
 1363  board.
 1364         3. The one credit in physical education may be substituted
 1365  with an elective credit. Notwithstanding any other law to the
 1366  contrary, all students enrolled in high school as of the 2012
 1367  2013 school year who earned a passing grade in Biology I or
 1368  geometry before the 2013-2014 school year shall be awarded a
 1369  credit in that course if the student passed the course. The
 1370  student’s performance on the EOC assessment is not required to
 1371  constitute 30 percent of the student’s final course grade.
 1372         (c) A student who earns fails to earn the required 24
 1373  credits, or the required 18 credits under s. 1002.3105(5), but
 1374  fails to pass the assessments required under s. 1008.22(3) or
 1375  achieve a 2.0 GPA shall be awarded a certificate of completion
 1376  in a form prescribed by the State Board of Education. However, a
 1377  student who is otherwise entitled to a certificate of completion
 1378  may elect to remain in high school either as a full-time student
 1379  or a part-time student for up to 1 additional year and receive
 1380  special instruction designed to remedy his or her identified
 1381  deficiencies.
 1382         (8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
 1383  the 2012-2013 school year, if a student transfers to a Florida
 1384  public high school from out of country, out of state, a private
 1385  school, or a home education program and the student’s transcript
 1386  shows a mathematics credit in Algebra I a course that requires
 1387  passage of a statewide, standardized assessment in order to earn
 1388  a standard high school diploma, the student must pass the
 1389  statewide, standardized Algebra I EOC assessment in order to
 1390  earn a standard high school diploma unless the student earned a
 1391  comparative score pursuant to s. 1008.22, passed a statewide
 1392  assessment in Algebra I that subject administered by the
 1393  transferring entity, or passed the statewide mathematics
 1394  assessment the transferring entity uses to satisfy the
 1395  requirements of the Elementary and Secondary Education Act, 20
 1396  U.S.C. s. 6301. If a student’s transcript shows a credit in high
 1397  school reading or English Language Arts II or III, in order to
 1398  earn a standard high school diploma, the student must take and
 1399  pass the statewide, standardized grade 10 FCAT Reading
 1400  assessment or, when implemented, the grade 10 ELA assessment, or
 1401  earn a concordant score on the SAT or ACT as specified by state
 1402  board rule or, when the state transitions to common core English
 1403  Language Arts assessments, earn a passing score on the English
 1404  Language Arts assessment as required under this section. If a
 1405  transfer student’s transcript shows a final course grade and
 1406  course credit in Algebra I, Geometry, Biology I, or United
 1407  States History, the transferring course final grade and credit
 1408  shall be honored without the student taking the requisite
 1409  statewide, standardized EOC assessment and without the
 1410  assessment results constituting 30 percent of the student’s
 1411  final course grade.
 1412         (9) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL
 1413  CREDIT REQUIREMENTS.—
 1414         (a) Participation in career education courses engages
 1415  students in their high school education, increases academic
 1416  achievement, enhances employability, and increases postsecondary
 1417  success. By July 1, 2014, the department shall develop, for
 1418  approval by the State Board of Education, multiple, additional
 1419  career education courses or a series of courses that meet the
 1420  requirements set forth in s. 1003.493(2), (4), and (5) and this
 1421  subsection and allow students to earn credit in both the career
 1422  education course and courses required for high school graduation
 1423  under this section and s. ss. 1003.428 and 1003.4281.
 1424         1. The state board must determine if sufficient academic
 1425  standards are covered to warrant the award of academic credit.
 1426         2. Career education courses must include workforce and
 1427  digital literacy skills and the integration of required course
 1428  content with practical applications and designated rigorous
 1429  coursework that results in one or more industry certifications
 1430  or clearly articulated credit or advanced standing in a 2-year
 1431  or 4-year certificate or degree program, which may include high
 1432  school junior and senior year work-related internships or
 1433  apprenticeships. The department shall negotiate state licenses
 1434  for material and testing for industry certifications. The
 1435  instructional methodology used in these courses must be
 1436  comprised of authentic projects, problems, and activities for
 1437  contextually learning the academics.
 1438         (c) Regional consortium service organizations established
 1439  pursuant to s. 1001.451 shall work with school districts, local
 1440  workforce boards, postsecondary institutions, and local business
 1441  and industry leaders to create career education courses that
 1442  meet the requirements set forth in s. 1003.493(2), (4), and (5)
 1443  and this subsection that students can take to earn required high
 1444  school course credits. The regional consortium shall submit
 1445  course recommendations to the department, on behalf of the
 1446  consortium member districts, for state board approval. A strong
 1447  emphasis should be placed on online coursework, digital
 1448  literacy, and workforce literacy as defined in s. 1004.02(26)
 1449  1004.02(27). For purposes of providing students the opportunity
 1450  to earn industry certifications, consortiums must secure the
 1451  necessary site licenses and testing contracts for use by member
 1452  districts.
 1453         (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 1454  requirements of this section, in addition to applying to
 1455  students entering grade 9 in the 2013-2014 school year and
 1456  thereafter, shall also apply to students entering grade 9 before
 1457  the 2013-2014 school year, except as otherwise provided in this
 1458  subsection.
 1459         (a) A student entering grade 9 before the 2010-2011 school
 1460  year must earn:
 1461         1. Four credits in English/ELA. A student must pass the
 1462  statewide, standardized grade 10 Reading assessment, or earn a
 1463  concordant score, in order to graduate with a standard high
 1464  school diploma.
 1465         2. Four credits in mathematics, which must include Algebra
 1466  I. A student must pass grade 10 FCAT Mathematics, or earn a
 1467  concordant score, in order to graduate with a standard high
 1468  school diploma. A student who takes Algebra I or Geometry after
 1469  the 2010-2011 school year must take the statewide, standardized
 1470  EOC assessment for the course but is not required to pass the
 1471  assessment in order to earn course credit. A student’s
 1472  performance on the Algebra I or Geometry EOC assessment is not
 1473  required to constitute 30 percent of the student’s final course
 1474  grade. A student who earns an industry certification for which
 1475  there is a statewide college credit articulation agreement
 1476  approved by the State Board of Education may substitute the
 1477  certification for one mathematics credit. Substitution may occur
 1478  for up to two mathematics credits, except for Algebra I.
 1479         3. Three credits in science, two of which must have a
 1480  laboratory component. A student who takes Biology I after the
 1481  2010-2011 school year must take the statewide, standardized
 1482  Biology I EOC assessment but is not required to pass the
 1483  assessment in order to earn course credit. A student’s
 1484  performance on the assessment is not required to constitute 30
 1485  percent of the student’s final course grade. A student who earns
 1486  an industry certification for which there is a statewide college
 1487  credit articulation agreement approved by the State Board of
 1488  Education may substitute the certification for one science
 1489  credit.
 1490         4. Three credits in social studies of which one credit in
 1491  World History, one credit in United States History, one-half
 1492  credit in United States Government, and one-half credit in
 1493  economics is required. A student who takes United States History
 1494  after the 2011-2012 school year must take the statewide,
 1495  standardized United States History EOC assessment but the
 1496  student’s performance on the assessment is not required to
 1497  constitute 30 percent of the student’s final course grade.
 1498         5. One credit in fine or performing arts, speech and
 1499  debate, or practical arts as provided in paragraph (3)(e).
 1500         6. One credit in physical education as provided in
 1501  paragraph (3)(f).
 1502         7. Eight credits in electives.
 1503         (b) A student entering grade 9 in the 2010-2011 school year
 1504  must earn:
 1505         1. Four credits in English/ELA. A student must pass the
 1506  statewide, standardized grade 10 Reading assessment, or earn a
 1507  concordant score, in order to graduate with a standard high
 1508  school diploma.
 1509         2. Four credits in mathematics, which must include Algebra
 1510  I and Geometry. The statewide, standardized Algebra I EOC
 1511  assessment constitutes 30 percent of the student’s final course
 1512  grade. A student who takes Algebra I or Geometry after the 2010
 1513  2011 school year must take the statewide, standardized EOC
 1514  assessment for the course but is not required to pass the
 1515  assessment in order to earn course credit. A student’s
 1516  performance on the Geometry EOC assessment is not required to
 1517  constitute 30 percent of the student’s final course grade. A
 1518  student who earns an industry certification for which there is a
 1519  statewide college credit articulation agreement approved by the
 1520  State Board of Education may substitute the certification for
 1521  one mathematics credit. Substitution may occur for up to two
 1522  mathematics credits, except for Algebra I and Geometry.
 1523         3. Three credits in science, two of which must have a
 1524  laboratory component. A student who takes Biology I after the
 1525  2010-2011 school year must take the statewide, standardized
 1526  Biology I EOC assessment but is not required to pass the
 1527  assessment in order to earn course credit. A student’s
 1528  performance on the assessment is not required to constitute 30
 1529  percent of the student’s final course grade. A student who earns
 1530  an industry certification for which there is a statewide college
 1531  credit articulation agreement approved by the State Board of
 1532  Education may substitute the certification for one science
 1533  credit, except for Biology I.
 1534         4. Three credits in social studies of which one credit in
 1535  World History, one credit in United States History, one-half
 1536  credit in United States Government, and one-half credit in
 1537  economics is required. A student who takes United States History
 1538  after the 2011-2012 school year must take the statewide,
 1539  standardized United States History EOC assessment but the
 1540  student’s performance on the assessment is not required to
 1541  constitute 30 percent of the student’s final course grade.
 1542         5. One credit in fine or performing arts, speech and
 1543  debate, or practical arts as provided in paragraph (3)(e).
 1544         6. One credit in physical education as provided in
 1545  paragraph (3)(f).
 1546         7. Eight credits in electives.
 1547         (c) A student entering grade 9 in the 2011-2012 school year
 1548  must earn:
 1549         1. Four credits in English/ELA. A student must pass the
 1550  statewide, standardized grade 10 Reading assessment, or earn a
 1551  concordant score, in order to graduate with a standard high
 1552  school diploma.
 1553         2. Four credits in mathematics, which must include Algebra
 1554  I and Geometry. A student who takes Algebra I after the 2010
 1555  2011 school year must pass the statewide, standardized Algebra I
 1556  EOC assessment, or earn a comparative score, in order to earn a
 1557  standard high school diploma. A student who takes Algebra I or
 1558  Geometry after the 2010-2011 school year must take the
 1559  statewide, standardized EOC assessment but is not required to
 1560  pass the Algebra I or Geometry EOC assessment in order to earn
 1561  course credit. A student’s performance on the Algebra I or
 1562  Geometry EOC assessment is not required to constitute 30 percent
 1563  of the student’s final course grade. A student who earns an
 1564  industry certification for which there is a statewide college
 1565  credit articulation agreement approved by the State Board of
 1566  Education may substitute the certification for one mathematics
 1567  credit. Substitution may occur for up to two mathematics
 1568  credits, except for Algebra I and Geometry.
 1569         3. Three credits in science, two of which must have a
 1570  laboratory component. One of the science credits must be Biology
 1571  I. A student who takes Biology I after the 2010-2011 school year
 1572  must take the statewide, standardized Biology I EOC assessment
 1573  but is not required to pass the assessment in order to earn
 1574  course credit. A student’s performance on the assessment is not
 1575  required to constitute 30 percent of the student’s final course
 1576  grade. A student who earns an industry certification for which
 1577  there is a statewide college credit articulation agreement
 1578  approved by the State Board of Education may substitute the
 1579  certification for one science credit, except for Biology I.
 1580         4. Three credits in social studies of which one credit in
 1581  World History, one credit in United States History, one-half
 1582  credit in United States Government, and one-half credit in
 1583  economics is required. A student who takes United States History
 1584  after the 2011-2012 school year student must take the statewide,
 1585  standardized United States History EOC assessment but the
 1586  student’s performance on the assessment is not required to
 1587  constitute 30 percent of the student’s final course grade.
 1588         5. One credit in fine or performing arts, speech and
 1589  debate, or practical arts as provided in paragraph (3)(e).
 1590         6. One credit in physical education as provided in
 1591  paragraph (3)(f).
 1592         7. Eight credits in electives.
 1593         8. One online course as provided in subsection (4).
 1594         (d) A student entering grade 9 in the 2012-2013 school year
 1595  must earn:
 1596         1. Four credits in English/ELA. A student must pass the
 1597  statewide, standardized grade 10 Reading assessment, or earn a
 1598  concordant score, in order to graduate with a standard high
 1599  school diploma.
 1600         2. Four credits in mathematics, which must include Algebra
 1601  I and Geometry. A student who takes Algebra I after the 2010
 1602  2011 school year must pass the statewide, standardized Algebra I
 1603  EOC assessment, or earn a comparative score, in order to earn a
 1604  standard high school diploma. A student who takes Geometry after
 1605  the 2010-2011 school year must take the statewide, standardized
 1606  Geometry EOC assessment. A student is not required to pass the
 1607  statewide, standardized EOC assessment in Algebra I or Geometry
 1608  in order to earn course credit. A student’s performance on the
 1609  Algebra I or Geometry EOC assessment is not required to
 1610  constitute 30 percent of the student’s final course grade. A
 1611  student who earns an industry certification for which there is a
 1612  statewide college credit articulation agreement approved by the
 1613  State Board of Education may substitute the certification for
 1614  one mathematics credit. Substitution may occur for up to two
 1615  mathematics credits, except for Algebra I and Geometry.
 1616         3. Three credits in science, two of which must have a
 1617  laboratory component. One of the science credits must be Biology
 1618  I. A student who takes Biology I after the 2010-2011 school year
 1619  must take the statewide, standardized Biology I EOC assessment
 1620  but is not required to pass the assessment to earn course
 1621  credit. A student’s performance on the assessment is not
 1622  required to constitute 30 percent of the student’s final course
 1623  grade. A student who earns an industry certification for which
 1624  there is a statewide college credit articulation agreement
 1625  approved by the State Board of Education may substitute the
 1626  certification for one science credit, except for Biology I.
 1627         4. Three credits in social studies of which one credit in
 1628  World History, one credit in United States History, one-half
 1629  credit in United States Government, and one-half credit in
 1630  economics is required. The statewide, standardized United States
 1631  History EOC assessment constitutes 30 percent of the student’s
 1632  final course grade.
 1633         5. One credit in fine or performing arts, speech and
 1634  debate, or practical arts as provided in paragraph (3)(e).
 1635         6. One credit in physical education as provided in
 1636  paragraph (3)(f).
 1637         7. Eight credits in electives.
 1638         8. One online course as provided in subsection (4).
 1639         (e) Policy adopted in rule by the district school board may
 1640  require for any cohort of students that performance on a
 1641  statewide, standardized EOC assessment constitute 30 percent of
 1642  a student’s final course grade.
 1643         (f) This subsection is repealed July 1, 2020.
 1644         Section 40. Subsection (1) of section 1003.4285, Florida
 1645  Statutes, is amended to read:
 1646         1003.4285 Standard high school diploma designations.—
 1647         (1) Each standard high school diploma shall include, as
 1648  applicable, the following designations if the student meets the
 1649  criteria set forth for the designation:
 1650         (a) Scholar designation.—In addition to the requirements of
 1651  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1652  the Scholar designation, a student must satisfy the following
 1653  requirements:
 1654         1. English Language Arts (ELA).—When implemented the state
 1655  transitions to common core assessments, pass the statewide,
 1656  standardized 11th grade 11 ELA common core assessment.
 1657         2. Mathematics.—Earn one credit in Algebra II and one
 1658  credit in statistics or an equally rigorous course. When
 1659  implemented the state transitions to common core assessments,
 1660  students must pass the statewide, standardized Algebra II common
 1661  core assessment. Beginning with students entering grade 9 in the
 1662  2014-2015 school year, a student must also pass the statewide,
 1663  standardized Geometry end-of-course (EOC) assessment.
 1664         3. Science.—Pass the statewide, standardized Biology I EOC
 1665  end-of-course assessment and earn one credit in chemistry or
 1666  physics and one credit in a course equally rigorous to chemistry
 1667  or physics. However, a student enrolled in an Advanced Placement
 1668  (AP), International Baccalaureate (IB), or Advanced
 1669  International Certificate of Education (AICE) Biology course who
 1670  takes the respective AP, IB, or AICE Biology assessment and
 1671  earns the minimum score necessary to earn college credit as
 1672  identified pursuant to s. 1007.27(2) meets the requirement of
 1673  this subparagraph without having to take the statewide,
 1674  standardized Biology I EOC assessment.
 1675         4. Social studies.—Pass the statewide, standardized United
 1676  States History EOC end-of-course assessment. However, a student
 1677  enrolled in an AP, IB, or AICE course that includes United
 1678  States History topics who takes the respective AP, IB, or AICE
 1679  assessment and earns the minimum score necessary to earn college
 1680  credit as identified pursuant to s. 1007.27(2) meets the
 1681  requirement of this subparagraph without having to take the
 1682  statewide, standardized United States History EOC assessment.
 1683         5. Foreign language.—Earn two credits in the same foreign
 1684  language.
 1685         6. Electives.—Earn at least one credit in an Advanced
 1686  Placement, an International Baccalaureate, an Advanced
 1687  International Certificate of Education, or a dual enrollment
 1688  course.
 1689         (b) Merit designation.—In addition to the requirements of
 1690  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1691  the Merit designation, a student must attain one or more
 1692  industry certifications from the list established under s.
 1693  1003.492.
 1694         Section 41. Section 1003.438, Florida Statutes, is amended
 1695  to read:
 1696         1003.438 Special high school graduation requirements for
 1697  certain exceptional students.—A student who has been identified,
 1698  in accordance with rules established by the State Board of
 1699  Education, as a student with disabilities who has an
 1700  intellectual disability; an autism spectrum disorder; a language
 1701  impairment; an orthopedic impairment; an other health
 1702  impairment; a traumatic brain injury; an emotional or behavioral
 1703  disability; a specific learning disability, including, but not
 1704  limited to, dyslexia, dyscalculia, or developmental aphasia; or
 1705  students who are deaf or hard of hearing or dual sensory
 1706  impaired shall not be required to meet all requirements of s.
 1707  1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282 and shall,
 1708  upon meeting all applicable requirements prescribed by the
 1709  district school board pursuant to s. 1008.25, be awarded a
 1710  special diploma in a form prescribed by the commissioner;
 1711  however, such special graduation requirements prescribed by the
 1712  district school board must include minimum graduation
 1713  requirements as prescribed by the commissioner. Any such student
 1714  who meets all special requirements of the district school board,
 1715  but is unable to meet the appropriate special state minimum
 1716  requirements, shall be awarded a special certificate of
 1717  completion in a form prescribed by the commissioner. However,
 1718  this section does not limit or restrict the right of an
 1719  exceptional student solely to a special diploma or special
 1720  certificate of completion. Any such student shall, upon proper
 1721  request, be afforded the opportunity to fully meet all
 1722  requirements of s. 1002.3105(5), s. 1003.4281, 1003.428 or s.
 1723  1003.4282 through the standard procedures established therein
 1724  and thereby to qualify for a standard diploma upon graduation.
 1725         Section 42. Subsection (5) of section 1003.451, Florida
 1726  Statutes, is repealed.
 1727         Section 43. Subsection (1) of section 1003.49, Florida
 1728  Statutes, is amended to read:
 1729         1003.49 Graduation and promotion requirements for publicly
 1730  operated schools.—
 1731         (1) Each state or local public agency, including the
 1732  Department of Children and Family Services, the Department of
 1733  Corrections, the boards of trustees of universities and Florida
 1734  College System institutions, and the Board of Trustees of the
 1735  Florida School for the Deaf and the Blind, which agency is
 1736  authorized to operate educational programs for students at any
 1737  level of grades kindergarten through 12, shall be subject to all
 1738  applicable requirements of ss. 1002.3105(5), 1003.4281,
 1739  1003.4282 1003.428, 1003.429, 1008.23, and 1008.25. Within the
 1740  content of these cited statutes each such state or local public
 1741  agency or entity shall be considered a “district school board.”
 1742         Section 44. Paragraph (e) of subsection (4) of section
 1743  1003.493, Florida Statutes, is amended to read:
 1744         1003.493 Career and professional academies and career
 1745  themed courses.—
 1746         (4) Each career and professional academy and secondary
 1747  school providing a career-themed course must:
 1748         (e) Deliver academic content through instruction relevant
 1749  to the career, including intensive reading and mathematics
 1750  intervention required by s. 1003.4282 1003.428, with an emphasis
 1751  on strengthening reading for information skills.
 1752         Section 45. Paragraph (c) of subsection (2) of section
 1753  1003.4935, Florida Statutes, is amended to read:
 1754         1003.4935 Middle grades career and professional academy
 1755  courses and career-themed courses.—
 1756         (2) Each middle grades career and professional academy or
 1757  career-themed course must be aligned with at least one high
 1758  school career and professional academy or career-themed course
 1759  offered in the district and maintain partnerships with local
 1760  business and industry and economic development boards. Middle
 1761  grades career and professional academies and career-themed
 1762  courses must:
 1763         (a) Lead to careers in occupations designated as high
 1764  skill, high-wage, and high-demand in the Industry Certification
 1765  Funding List approved under rules adopted by the State Board of
 1766  Education;
 1767         (b) Integrate content from core subject areas;
 1768         (c) Integrate career and professional academy or career
 1769  themed course content with intensive reading, English Language
 1770  Arts, and mathematics pursuant to s. ss. 1003.428 and 1003.4282;
 1771         (d) Coordinate with high schools to maximize opportunities
 1772  for middle grades students to earn high school credit;
 1773         (e) Provide access to virtual instruction courses provided
 1774  by virtual education providers legislatively authorized to
 1775  provide part-time instruction to middle grades students. The
 1776  virtual instruction courses must be aligned to state curriculum
 1777  standards for middle grades career and professional academy
 1778  courses or career-themed courses, with priority given to
 1779  students who have required course deficits;
 1780         (f) Provide instruction from highly skilled professionals
 1781  who hold industry certificates in the career area in which they
 1782  teach;
 1783         (g) Offer externships; and
 1784         (h) Provide personalized student advisement that includes a
 1785  parent-participation component.
 1786         Section 46. Paragraph (a) of subsection (1) of section
 1787  1003.57, Florida Statutes, is amended to read:
 1788         1003.57 Exceptional students instruction.—
 1789         (1)(a) For purposes of providing exceptional student
 1790  instruction under this section:
 1791         1. A school district shall use the following terms to
 1792  describe the instructional setting for a student with a
 1793  disability, 6 through 21 years of age, who is not educated in a
 1794  setting accessible to all children who are together at all
 1795  times:
 1796         a. “Exceptional student education center” or “special day
 1797  school” means a separate public school to which nondisabled
 1798  peers do not have access.
 1799         b. “Other separate environment” means a separate private
 1800  school, residential facility, or hospital or homebound program.
 1801         c. “Regular class” means a class in which a student spends
 1802  80 percent or more of the school week with nondisabled peers.
 1803         d. “Resource room” means a classroom in which a student
 1804  spends between 40 percent to 80 percent of the school week with
 1805  nondisabled peers.
 1806         e. “Separate class” means a class in which a student spends
 1807  less than 40 percent of the school week with nondisabled peers.
 1808         2. A school district shall use the term “inclusion” to mean
 1809  that a student is receiving education in a general education
 1810  regular class setting, reflecting natural proportions and age
 1811  appropriate heterogeneous groups in core academic and elective
 1812  or special areas within the school community; a student with a
 1813  disability is a valued member of the classroom and school
 1814  community; the teachers and administrators support universal
 1815  education and have knowledge and support available to enable
 1816  them to effectively teach all children; and a teacher student is
 1817  provided access to technical assistance in best practices,
 1818  instructional methods, and supports tailored to the student’s
 1819  needs based on current research.
 1820         Section 47. Paragraph (a) of subsection (1) of section
 1821  1003.621, Florida Statutes, is amended to read:
 1822         1003.621 Academically high-performing school districts.—It
 1823  is the intent of the Legislature to recognize and reward school
 1824  districts that demonstrate the ability to consistently maintain
 1825  or improve their high-performing status. The purpose of this
 1826  section is to provide high-performing school districts with
 1827  flexibility in meeting the specific requirements in statute and
 1828  rules of the State Board of Education.
 1829         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
 1830         (a) A school district is an academically high-performing
 1831  school district if it meets the following criteria:
 1832         1.a. Beginning with the 2004-2005 school year, Earns a
 1833  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
 1834         b. Has no district-operated school that earns a grade of
 1835  “F” under s. 1008.34;
 1836         2. Complies with all class size requirements in s. 1, Art.
 1837  IX of the State Constitution and s. 1003.03; and
 1838         3. Has no material weaknesses or instances of material
 1839  noncompliance noted in the annual financial audit conducted
 1840  pursuant to s. 11.45 or s. 218.39.
 1841  
 1842  However, a district in which a district-operated school earns a
 1843  grade of “F” under s. 1008.34 during the 3-year period may not
 1844  continue to be designated as an academically high-performing
 1845  school district during the remainder of that 3-year period. The
 1846  district must meet the criteria in paragraph (a) in order to be
 1847  redesignated as an academically high-performing school district.
 1848         Section 48. Subsection (4) of section 1004.02, Florida
 1849  Statutes, is repealed.
 1850         Section 49. Section 1004.0961, Florida Statutes, is amended
 1851  to read:
 1852         1004.0961 Credit for online courses.—Beginning in the 2015
 1853  2016 school year, the State Board of Education shall adopt rules
 1854  and the Board of Governors shall adopt regulations rules that
 1855  enable students to earn academic credit for online courses,
 1856  including massive open online courses, before prior to initial
 1857  enrollment at a postsecondary institution. The rules of the
 1858  State Board of Education and regulations rules of the Board of
 1859  Governors must include procedures for credential evaluation and
 1860  the award of credit, including, but not limited to,
 1861  recommendations for credit by the American Council on Education;
 1862  equivalency and alignment of coursework with appropriate
 1863  courses; course descriptions; type and amount of credit that may
 1864  be awarded; and transfer of credit.
 1865         Section 50. Section 1004.3825, Florida Statutes, is
 1866  repealed.
 1867         Section 51. Section 1004.387, Florida Statutes, is
 1868  repealed.
 1869         Section 52. Subsection (2) of section 1004.445, Florida
 1870  Statutes, is repealed.
 1871         Section 53. Section 1004.75, Florida Statutes, is repealed.
 1872         Section 54. Subsections (1), (2), and (7) of section
 1873  1004.935, Florida Statutes, are amended to read:
 1874         1004.935 Adults with Disabilities Workforce Education Pilot
 1875  Program.—
 1876         (1) The Adults with Disabilities Workforce Education Pilot
 1877  Program is established in the Department of Education through
 1878  June 30, 2016, for 2 years in Hardee, DeSoto, Manatee, and
 1879  Sarasota Counties to provide the option of receiving a
 1880  scholarship for instruction at private schools for up to 30
 1881  students who:
 1882         (a) Have a disability;
 1883         (b) Are 22 years of age;
 1884         (c) Are receiving instruction from an instructor in a
 1885  private school to meet the high school graduation requirements
 1886  in s. 1002.3105(5) 1003.428 or s. 1003.4282;
 1887         (d) Do not have a standard high school diploma or a special
 1888  high school diploma; and
 1889         (e) Receive “supported employment services,” which means
 1890  employment that is located or provided in an integrated work
 1891  setting with earnings paid on a commensurate wage basis and for
 1892  which continued support is needed for job maintenance.
 1893  
 1894  As used in this section, the term “student with a disability”
 1895  includes a student who is documented as having an intellectual
 1896  disability; a speech impairment; a language impairment; a
 1897  hearing impairment, including deafness; a visual impairment,
 1898  including blindness; a dual sensory impairment; an orthopedic
 1899  impairment; another health impairment; an emotional or
 1900  behavioral disability; a specific learning disability,
 1901  including, but not limited to, dyslexia, dyscalculia, or
 1902  developmental aphasia; a traumatic brain injury; a developmental
 1903  delay; or autism spectrum disorder.
 1904         (2) A student participating in the pilot program may
 1905  continue to participate in the program until the student
 1906  graduates from high school or reaches the age of 40 30 years,
 1907  whichever occurs first.
 1908         (7) Funds for the scholarship shall be provided from the
 1909  appropriation from the school district’s Workforce Development
 1910  Fund in the General Appropriations Act for students who reside
 1911  in the Hardee County School District, the DeSoto County School
 1912  District, the Manatee County School District, or the Sarasota
 1913  County School District. During the 2-year pilot program, the
 1914  scholarship amount granted for an eligible student with a
 1915  disability shall be equal to the cost per unit of a full-time
 1916  equivalent adult general education student, multiplied by the
 1917  adult general education funding factor, and multiplied by the
 1918  district cost differential pursuant to the formula required by
 1919  s. 1011.80(6)(a) for the district in which the student resides.
 1920         Section 55. Section 1006.141, Florida Statutes, is
 1921  repealed.
 1922         Section 56. Subsections (4), (5), and (8) of section
 1923  1006.147, Florida Statutes, are amended to read:
 1924         1006.147 Bullying and harassment prohibited.—
 1925         (4) By December 1, 2008, Each school district shall adopt a
 1926  policy prohibiting bullying and harassment of a any student or
 1927  employee of a public K-12 educational institution. Each school
 1928  district’s policy shall be in substantial conformity with the
 1929  Department of Education’s model policy mandated in subsection
 1930  (5). The school district bullying and harassment policy shall
 1931  afford all students the same protection regardless of their
 1932  status under the law. The school district may establish separate
 1933  discrimination policies that include categories of students. The
 1934  school district shall involve students, parents, teachers,
 1935  administrators, school staff, school volunteers, community
 1936  representatives, and local law enforcement agencies in the
 1937  process of adopting the policy. The school district policy must
 1938  be implemented in a manner that is ongoing throughout the school
 1939  year and integrated with a school’s curriculum, a school’s
 1940  discipline policies, and other violence prevention efforts. The
 1941  school district policy must contain, at a minimum, the following
 1942  components:
 1943         (a) A statement prohibiting bullying and harassment.
 1944         (b) A definition of bullying and a definition of harassment
 1945  that include the definitions listed in this section.
 1946         (c) A description of the type of behavior expected from
 1947  each student and employee of a public K-12 educational
 1948  institution.
 1949         (d) The consequences for a student or employee of a public
 1950  K-12 educational institution who commits an act of bullying or
 1951  harassment.
 1952         (e) The consequences for a student or employee of a public
 1953  K-12 educational institution who is found to have wrongfully and
 1954  intentionally accused another of an act of bullying or
 1955  harassment.
 1956         (f) A procedure for reporting an act of bullying or
 1957  harassment, including provisions that permit a person to
 1958  anonymously report such an act. However, this paragraph does not
 1959  permit formal disciplinary action to be based solely on an
 1960  anonymous report.
 1961         (g) A procedure for the prompt investigation of a report of
 1962  bullying or harassment and the persons responsible for the
 1963  investigation. The investigation of a reported act of bullying
 1964  or harassment is deemed to be a school-related activity and
 1965  begins with a report of such an act. Incidents that require a
 1966  reasonable investigation when reported to appropriate school
 1967  authorities shall include alleged incidents of bullying or
 1968  harassment allegedly committed against a child while the child
 1969  is en route to school aboard a school bus or at a school bus
 1970  stop.
 1971         (h) A process to investigate whether a reported act of
 1972  bullying or harassment is within the scope of the district
 1973  school system and, if not, a process for referral of such an act
 1974  to the appropriate jurisdiction. Computers without web-filtering
 1975  software or computers with web-filtering software that is
 1976  disabled shall be used when complaints of cyberbullying are
 1977  investigated.
 1978         (i) A procedure for providing immediate notification to the
 1979  parents of a victim of bullying or harassment and the parents of
 1980  the perpetrator of an act of bullying or harassment, as well as
 1981  notification to all local agencies where criminal charges may be
 1982  pursued against the perpetrator.
 1983         (j) A procedure to refer victims and perpetrators of
 1984  bullying or harassment for counseling.
 1985         (k) A procedure for including incidents of bullying or
 1986  harassment in the school’s report of data concerning school
 1987  safety and discipline required under s. 1006.09(6). The report
 1988  must include each incident of bullying or harassment and the
 1989  resulting consequences, including discipline and referrals. The
 1990  report must include in a separate section each reported incident
 1991  of bullying or harassment that does not meet the criteria of a
 1992  prohibited act under this section with recommendations regarding
 1993  such incidents. The Department of Education shall aggregate
 1994  information contained in the reports.
 1995         (l) A procedure for providing instruction to students,
 1996  parents, teachers, school administrators, counseling staff, and
 1997  school volunteers on identifying, preventing, and responding to
 1998  bullying or harassment, including instruction on recognizing
 1999  behaviors that lead to bullying and harassment and taking
 2000  appropriate preventive action based on those observations.
 2001         (m) A procedure for regularly reporting to a victim’s
 2002  parents the actions taken to protect the victim.
 2003         (n) A procedure for publicizing the policy, which must
 2004  include its publication in the code of student conduct required
 2005  under s. 1006.07(2) and in all employee handbooks.
 2006         (5) To assist school districts in developing policies
 2007  prohibiting bullying and harassment, the Department of Education
 2008  shall develop a model policy that shall be provided to school
 2009  districts no later than October 1, 2008.
 2010         (7)(8) Distribution of safe schools funds to a school
 2011  district provided in the 2009-2010 General Appropriations Act is
 2012  contingent upon and payable to the school district upon the
 2013  Department of Education’s approval of the school district’s
 2014  bullying and harassment policy. The department’s approval of
 2015  each school district’s bullying and harassment policy shall be
 2016  granted upon certification by the department that the school
 2017  district’s policy has been submitted to the department and is in
 2018  substantial conformity with the department’s model bullying and
 2019  harassment policy as mandated in subsection (5). Distribution of
 2020  safe schools funds provided to a school district in fiscal year
 2021  2010-2011 and thereafter shall be contingent upon and payable to
 2022  the school district upon the school district’s compliance with
 2023  all reporting procedures contained in this section.
 2024         Section 57. Subsection (2) of section 1006.148, Florida
 2025  Statutes, is repealed.
 2026         Section 58. Paragraph (a) of subsection (3) of section
 2027  1006.15, Florida Statutes, is amended to read:
 2028         1006.15 Student standards for participation in
 2029  interscholastic and intrascholastic extracurricular student
 2030  activities; regulation.—
 2031         (3)(a) To be eligible to participate in interscholastic
 2032  extracurricular student activities, a student must:
 2033         1. Maintain a grade point average of 2.0 or above on a 4.0
 2034  scale, or its equivalent, in the previous semester or a
 2035  cumulative grade point average of 2.0 or above on a 4.0 scale,
 2036  or its equivalent, in the courses required by s. 1002.3105(5)
 2037  1003.428 or s. 1003.4282 1003.429.
 2038         2. Execute and fulfill the requirements of an academic
 2039  performance contract between the student, the district school
 2040  board, the appropriate governing association, and the student’s
 2041  parents, if the student’s cumulative grade point average falls
 2042  below 2.0, or its equivalent, on a 4.0 scale in the courses
 2043  required by s. 1002.3105(5) 1003.428 or s. 1003.4282 1003.429.
 2044  At a minimum, the contract must require that the student attend
 2045  summer school, or its graded equivalent, between grades 9 and 10
 2046  or grades 10 and 11, as necessary.
 2047         3. Have a cumulative grade point average of 2.0 or above on
 2048  a 4.0 scale, or its equivalent, in the courses required by s.
 2049  1002.3105(5) 1003.428 or s. 1003.4282 1003.429 during his or her
 2050  junior or senior year.
 2051         4. Maintain satisfactory conduct, including adherence to
 2052  appropriate dress and other codes of student conduct policies
 2053  described in s. 1006.07(2). If a student is convicted of, or is
 2054  found to have committed, a felony or a delinquent act that would
 2055  have been a felony if committed by an adult, regardless of
 2056  whether adjudication is withheld, the student’s participation in
 2057  interscholastic extracurricular activities is contingent upon
 2058  established and published district school board policy.
 2059         Section 59. Subsection (1) and paragraph (a) of subsection
 2060  (2) of section 1006.28, Florida Statutes, are amended to read:
 2061         1006.28 Duties of district school board, district school
 2062  superintendent; and school principal regarding K-12
 2063  instructional materials.—
 2064         (1) DISTRICT SCHOOL BOARD.—The district school board has
 2065  the duty to provide adequate instructional materials for all
 2066  students in accordance with the requirements of this part. The
 2067  term “adequate instructional materials” means a sufficient
 2068  number of student or site licenses or sets of materials that are
 2069  available in bound, unbound, kit, or package form and may
 2070  consist of hardbacked or softbacked textbooks, electronic
 2071  content, consumables, learning laboratories, manipulatives,
 2072  electronic media, and computer courseware or software that serve
 2073  as the basis for instruction for each student in the core
 2074  subject areas courses of mathematics, language arts, social
 2075  studies, science, reading, and literature. The district school
 2076  board has the following specific duties:
 2077         (a) Courses of study; adoption.—Adopt courses of study for
 2078  use in the schools of the district.
 2079         (b) Instructional materials.—Provide for proper
 2080  requisitioning, distribution, accounting, storage, care, and use
 2081  of all instructional materials and furnish such other
 2082  instructional materials as may be needed. The district school
 2083  board shall ensure that Instructional materials used must be in
 2084  the district are consistent with the district goals and
 2085  objectives and the course descriptions established in rule of
 2086  the State Board of Education, as well as with the applicable
 2087  Next Generation Sunshine State and district performance
 2088  Standards provided for in s. 1003.41 1001.03(1).
 2089         (c) Other instructional materials.—Provide such other
 2090  teaching accessories and aids as are needed for the school
 2091  district’s educational program.
 2092         (d) School library media services; establishment and
 2093  maintenance.—Establish and maintain a program of school library
 2094  media services for all public schools in the district, including
 2095  school library media centers, or school library media centers
 2096  open to the public, and, in addition such traveling or
 2097  circulating libraries as may be needed for the proper operation
 2098  of the district school system.
 2099         (2) DISTRICT SCHOOL SUPERINTENDENT.—
 2100         (a) The district school superintendent has the duty to
 2101  recommend such plans for improving, providing, distributing,
 2102  accounting for, and caring for instructional materials and other
 2103  instructional aids as will result in general improvement of the
 2104  district school system, as prescribed in this part, in
 2105  accordance with adopted district school board rules prescribing
 2106  the duties and responsibilities of the district school
 2107  superintendent regarding the requisition, purchase, receipt,
 2108  storage, distribution, use, conservation, records, and reports
 2109  of, and management practices and property accountability
 2110  concerning, instructional materials, and providing for an
 2111  evaluation of any instructional materials to be requisitioned
 2112  that have not been used previously in the district’s schools.
 2113  The district school superintendent must keep adequate records
 2114  and accounts for all financial transactions for funds collected
 2115  pursuant to subsection (3), as a component of the educational
 2116  service delivery scope in a school district best financial
 2117  management practices review under s. 1008.35.
 2118         Section 60. Subsection (2) of section 1006.31, Florida
 2119  Statutes, is amended to read:
 2120         1006.31 Duties of the Department of Education and school
 2121  district instructional materials reviewer.—The duties of the
 2122  instructional materials reviewer are:
 2123         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use evaluate
 2124  carefully all instructional materials submitted, in order to
 2125  ascertain which instructional materials, if any, submitted for
 2126  consideration implement the selection criteria listed in s.
 2127  1006.34(2)(b) developed by the department and recommend for
 2128  adoption only those instructional materials aligned with the
 2129  Next Generation Sunshine State those curricular objectives
 2130  included within applicable performance Standards provided for in
 2131  s. 1003.41 1001.03(1).
 2132         (a) When recommending instructional materials for use in
 2133  the schools, each reviewer shall include only instructional
 2134  materials that accurately portray the ethnic, socioeconomic,
 2135  cultural, and racial diversity of our society, including men and
 2136  women in professional, career, and executive roles, and the role
 2137  and contributions of the entrepreneur and labor in the total
 2138  development of this state and the United States.
 2139         (b) When recommending instructional materials for use in
 2140  the schools, each reviewer shall include only materials that
 2141  accurately portray, whenever appropriate, humankind’s place in
 2142  ecological systems, including the necessity for the protection
 2143  of our environment and conservation of our natural resources and
 2144  the effects on the human system of the use of tobacco, alcohol,
 2145  controlled substances, and other dangerous substances.
 2146         (c) When recommending instructional materials for use in
 2147  the schools, each reviewer shall require such materials as he or
 2148  she deems necessary and proper to encourage thrift, fire
 2149  prevention, and humane treatment of people and animals.
 2150         (d) When recommending instructional materials for use in
 2151  the schools, each reviewer shall require, when appropriate to
 2152  the comprehension of students, that materials for social
 2153  science, history, or civics classes contain the Declaration of
 2154  Independence and the Constitution of the United States. A
 2155  reviewer may not recommend any instructional materials for use
 2156  in the schools which contain any matter reflecting unfairly upon
 2157  persons because of their race, color, creed, national origin,
 2158  ancestry, gender, or occupation.
 2159         (e) Any instructional material recommended by each reviewer
 2160  for use in the schools shall be, to the satisfaction of each
 2161  reviewer, accurate, objective, and current and suited to the
 2162  needs and comprehension of students at their respective grade
 2163  levels. Reviewers shall consider for adoption materials
 2164  developed for academically talented students such as those
 2165  enrolled in advanced placement courses.
 2166         Section 61. Paragraph (b) of subsection (2) of section
 2167  1006.34, Florida Statutes, is amended to read:
 2168         1006.34 Powers and duties of the commissioner and the
 2169  department in selecting and adopting instructional materials.—
 2170         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 2171         (b) In the selection of instructional materials, library
 2172  media, and other reading material used in the public school
 2173  system, the standards used to determine the propriety of the
 2174  material shall include:
 2175         1. The age of the students who normally could be expected
 2176  to have access to the material.
 2177         2. The educational purpose to be served by the material. In
 2178  considering instructional materials for classroom use, Priority
 2179  shall be given to the selection of materials that align with the
 2180  Next Generation Sunshine State Standards as provided for in s.
 2181  1003.41 which encompass the state and district school board
 2182  performance standards provided for in s. 1001.03(1) and which
 2183  include the instructional objectives contained within the
 2184  curriculum frameworks for career and technical education and
 2185  adult and adult general education adopted approved by rule of
 2186  the State Board of Education under s. 1004.92.
 2187         3. The degree to which the material would be supplemented
 2188  and explained by mature classroom instruction as part of a
 2189  normal classroom instructional program.
 2190         4. The consideration of the broad racial, ethnic,
 2191  socioeconomic, and cultural diversity of the students of this
 2192  state.
 2193  
 2194  Any instructional material containing pornography or otherwise
 2195  prohibited by s. 847.012 may not be used or made available
 2196  within any public school.
 2197         Section 62. Subsection (2) and paragraph (a) of subsection
 2198  (3) of section 1006.40, Florida Statutes, are amended, and
 2199  subsection (8) is added to that section, to read:
 2200         1006.40 Use of instructional materials allocation;
 2201  instructional materials, library books, and reference books;
 2202  repair of books.—
 2203         (2) Each district school board must purchase current
 2204  instructional materials to provide each student with a major
 2205  tool of instruction in core courses of the subject areas of
 2206  mathematics, language arts, science, social studies, reading,
 2207  and literature for kindergarten through grade 12. Such purchase
 2208  must be made within the first 3 years after the effective date
 2209  of the adoption cycle unless a district school board or a
 2210  consortium of school districts has implemented an instructional
 2211  materials program pursuant to s. 1006.283. For the 2012-2013
 2212  mathematics adoption, a district using a comprehensive
 2213  mathematics instructional materials program adopted in the 2009
 2214  2010 adoption shall be deemed in compliance with this subsection
 2215  if it provides each student with such additional state-adopted
 2216  materials as may be necessary to align the previously adopted
 2217  comprehensive program to common core standards and the other
 2218  criteria of the 2012-2013 mathematics adoption.
 2219         (3)(a) Beginning with By the 2015-2016 fiscal year, each
 2220  district school board shall use at least 50 percent of the
 2221  annual allocation for the purchase of digital or electronic
 2222  instructional materials that align with state standards included
 2223  on the state-adopted list, except as otherwise authorized in
 2224  paragraphs (b) and (c). This section does not apply to a
 2225  district school board or a consortium of school districts which
 2226  implements an instructional materials program pursuant to s.
 2227  1006.283, except that by the 2015-2016 fiscal year, each
 2228  district school board shall use at least 50 percent of the
 2229  annual allocation for the purchase of digital or electronic
 2230  instructional materials that align with state standards.
 2231         (8) Subsections (3), (4), and (6) do not apply to a
 2232  district school board or a consortium of school districts that
 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 instructional materials allocation for the purchase of
 2237  digital or electronic instructional materials that align with
 2238  state standards adopted by the State Board of Education pursuant
 2239  to s. 1003.41.
 2240         Section 63. Section 1006.42, Florida Statutes, is amended
 2241  to read:
 2242         1006.42 Responsibility of students and parents for
 2243  instructional materials.—
 2244         (1) All instructional materials purchased under the
 2245  provisions of this part are the property of the district school
 2246  board. When distributed to the students, these instructional
 2247  materials are on loan to the students while they are pursuing
 2248  their courses of study and are to be returned at the direction
 2249  of the school principal or the teacher in charge. Each parent of
 2250  a student to whom or for whom instructional materials have been
 2251  issued, is liable for any loss or destruction of, or unnecessary
 2252  damage to, the instructional materials or for failure of the
 2253  student to return the instructional materials when directed by
 2254  the school principal or the teacher in charge, and shall pay for
 2255  such loss, destruction, or unnecessary damage as provided under
 2256  s. 1006.28(3) by law.
 2257         (2) Nothing in this part shall be construed to prohibit
 2258  parents from exercising their right to purchase instructional
 2259  materials from the district school board.
 2260         Section 64. Section 1007.02, Florida Statutes, is amended
 2261  to read:
 2262         1007.02 Access to postsecondary education and meaningful
 2263  careers for Students with disabilities; popular name;
 2264  definition.—
 2265         (1) This section shall be known by the popular name the
 2266  “Enhanced New Needed Opportunity for Better Life and Education
 2267  for Students with Disabilities (ENNOBLES) Act.”
 2268         (2) For the purposes of this chapter act, the term “student
 2269  with a disability” means a any student who is documented as
 2270  having an intellectual disability; a hearing impairment,
 2271  including deafness; a speech or language impairment; a visual
 2272  impairment, including blindness; an emotional or behavioral
 2273  disability; an orthopedic or other health impairment; an autism
 2274  spectrum disorder; a traumatic brain injury; or a specific
 2275  learning disability, including, but not limited to, dyslexia,
 2276  dyscalculia, or developmental aphasia.
 2277         Section 65. Paragraph (a) of subsection (1) and subsection
 2278  (3) of section 1007.2615, Florida Statutes, are amended to read:
 2279         1007.2615 American Sign Language; findings; foreign
 2280  language credits authorized; teacher licensing.—
 2281         (1) LEGISLATIVE FINDINGS; PURPOSE.—
 2282         (a) The Legislature finds that:
 2283         1. American Sign Language (ASL) is a fully developed
 2284  visual-gestural language with distinct grammar, syntax, and
 2285  symbols and is one of hundreds of signed languages of the world.
 2286         2. ASL is recognized as the language of the American deaf
 2287  community and is the fourth most commonly used language in the
 2288  United States and Canada.
 2289         3. The American deaf community is a group of citizens who
 2290  are members of a unique culture who share ASL as their common
 2291  language.
 2292         4. Thirty-three state legislatures have adopted legislation
 2293  recognizing ASL as a language that should be taught in schools.
 2294         (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
 2295  EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
 2296  FOR POSTSECONDARY EDUCATION PROVIDERS.—
 2297         (a) The Commissioner of Education shall appoint a seven
 2298  member task force that includes representatives from two state
 2299  universities and one private college or university located
 2300  within this state which currently offer a 4-year deaf education
 2301  or sign language interpretation program as a part of their
 2302  respective curricula, two representatives from the Florida
 2303  American Sign Language Teachers’ Association (FASLTA), and two
 2304  representatives from Florida College System institutions located
 2305  within this state which have established Interpreter Training
 2306  Programs (ITPs). This task force shall develop and submit to the
 2307  Commissioner of Education a report that contains the most up-to
 2308  date information about American Sign Language (ASL) and
 2309  guidelines for developing and maintaining ASL courses as a part
 2310  of the curriculum. This information must be made available to
 2311  any administrator of a public or an independent school upon
 2312  request of the administrator.
 2313         (a)(b) By January 1, 2005, The State Board of Education
 2314  shall adopt rules establishing licensing/certification standards
 2315  to be applied to teachers who teach American Sign Language (ASL)
 2316  ASL as part of a school curriculum. In developing the rules, the
 2317  state board shall consult with the task force established under
 2318  paragraph (a).
 2319         (b)(c) An ASL teacher must be certified by the Department
 2320  of Education by July 1, 2009.
 2321         (c)(d) The Commissioner of Education shall work with
 2322  providers of postsecondary education, except for state
 2323  universities, to develop and implement a plan to ensure that
 2324  these institutions in this state will accept secondary school
 2325  credits in ASL as credits in a foreign language and to encourage
 2326  postsecondary institutions to offer ASL courses to students as a
 2327  fulfillment of the requirement for studying a foreign language.
 2328         Section 66. Subsection (4) of section 1007.263, Florida
 2329  Statutes, is amended to read:
 2330         1007.263 Florida College System institutions; admissions of
 2331  students.—Each Florida College System institution board of
 2332  trustees is authorized to adopt rules governing admissions of
 2333  students subject to this section and rules of the State Board of
 2334  Education. These rules shall include the following:
 2335         (4) A student who has been awarded a special diploma under
 2336  as defined in s. 1003.438 or a certificate of completion under
 2337  as defined in s. 1003.4282 1003.428(7)(b) is eligible to enroll
 2338  in certificate career education programs.
 2339  
 2340  Each board of trustees shall establish policies that notify
 2341  students about developmental education options for improving
 2342  their communication or computation skills that are essential to
 2343  performing college-level work, including tutoring, extended time
 2344  in gateway courses, free online courses, adult basic education,
 2345  adult secondary education, or private provider instruction.
 2346         Section 67. Subsection (1) of section 1007.264, Florida
 2347  Statutes, is amended to read:
 2348         1007.264 Persons with disabilities; admission to
 2349  postsecondary educational institutions; substitute requirements;
 2350  rules and regulations.—
 2351         (1) A Any student with a disability, as defined in s.
 2352  1007.02(2), who is otherwise eligible shall be eligible for
 2353  reasonable substitution for any requirement for admission into a
 2354  public postsecondary educational institution where documentation
 2355  can be provided that the person’s failure to meet the admission
 2356  requirement is related to the disability.
 2357         Section 68. Subsection (1) of section 1007.265, Florida
 2358  Statutes, is amended to read:
 2359         1007.265 Persons with disabilities; graduation, study
 2360  program admission, and upper-division entry; substitute
 2361  requirements; rules and regulations.—
 2362         (1) A Any student with a disability, as defined in s.
 2363  1007.02(2), in a public postsecondary educational institution
 2364  shall be eligible for reasonable substitution for any
 2365  requirement for graduation, for admission into a program of
 2366  study, or for entry into the upper division where documentation
 2367  can be provided that the person’s failure to meet the
 2368  requirement is related to the disability and where failure to
 2369  meet the graduation requirement or program admission requirement
 2370  does not constitute a fundamental alteration in the nature of
 2371  the program.
 2372         Section 69. Subsections (2) and (9) of section 1007.271,
 2373  Florida Statutes, are amended to read:
 2374         1007.271 Dual enrollment programs.—
 2375         (2) For the purpose of this section, an eligible secondary
 2376  student is a student who is enrolled in any of grades 6 through
 2377  12 in a Florida public secondary school or in a Florida private
 2378  secondary school that which is in compliance with s. 1002.42(2)
 2379  and provides a secondary curriculum pursuant to s. 1003.428 or
 2380  s. 1003.4282. Students who are eligible for dual enrollment
 2381  pursuant to this section may enroll in dual enrollment courses
 2382  conducted during school hours, after school hours, and during
 2383  the summer term. However, if the student is projected to
 2384  graduate from high school before the scheduled completion date
 2385  of a postsecondary course, the student may not register for that
 2386  course through dual enrollment. The student may apply to the
 2387  postsecondary institution and pay the required registration,
 2388  tuition, and fees if the student meets the postsecondary
 2389  institution’s admissions requirements under s. 1007.263.
 2390  Instructional time for dual enrollment may vary from 900 hours;
 2391  however, the full-time equivalent student membership value shall
 2392  be subject to the provisions in s. 1011.61(4). A Any student
 2393  enrolled as a dual enrollment student is exempt from the payment
 2394  of registration, tuition, and laboratory fees. Applied academics
 2395  for adult education instruction, developmental education, and
 2396  other forms of precollegiate instruction, as well as physical
 2397  education courses that focus on the physical execution of a
 2398  skill rather than the intellectual attributes of the activity,
 2399  are ineligible for inclusion in the dual enrollment program.
 2400  Recreation and leisure studies courses shall be evaluated
 2401  individually in the same manner as physical education courses
 2402  for potential inclusion in the program.
 2403         (9) The Commissioner of Education shall appoint faculty
 2404  committees representing public school, Florida College System
 2405  institution, and university faculties to identify postsecondary
 2406  courses that meet the high school graduation requirements of s.
 2407  1003.428 or s. 1003.4282 and to establish the number of
 2408  postsecondary semester credit hours of instruction and
 2409  equivalent high school credits earned through dual enrollment
 2410  pursuant to this section that are necessary to meet high school
 2411  graduation requirements. Such equivalencies shall be determined
 2412  solely on comparable course content and not on seat time
 2413  traditionally allocated to such courses in high school. The
 2414  Commissioner of Education shall recommend to the State Board of
 2415  Education those postsecondary courses identified to meet high
 2416  school graduation requirements, based on mastery of course
 2417  outcomes, by their course numbers, and all high schools shall
 2418  accept these postsecondary education courses toward meeting the
 2419  requirements of s. 1003.428 or s. 1003.4282.
 2420         Section 70. Subsections (3), (7), and (8) of section
 2421  1008.22, Florida Statutes, are amended to read:
 2422         1008.22 Student assessment program for public schools.—
 2423         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 2424  Commissioner of Education shall design and implement a
 2425  statewide, standardized assessment program aligned to the core
 2426  curricular content established in the Next Generation Sunshine
 2427  State Standards. The commissioner also must develop or select
 2428  and implement a common battery of assessment tools that will be
 2429  used in all juvenile justice education programs in the state.
 2430  These tools must accurately measure the core curricular content
 2431  established in the Next Generation Sunshine State Standards.
 2432  Participation in the assessment program is mandatory for all
 2433  school districts and all students attending public schools,
 2434  including adult students seeking a standard an adult high school
 2435  diploma under s. 1003.4282 and students in Department of
 2436  Juvenile Justice education programs, except as otherwise
 2437  provided by law prescribed by the commissioner. If a student
 2438  does not participate in the assessment program, the school
 2439  district must notify the student’s parent and provide the parent
 2440  with information regarding the implications of such
 2441  nonparticipation. The statewide, standardized assessment program
 2442  shall be designed and implemented as follows:
 2443         (a) Statewide, standardized comprehensive assessments
 2444  Florida Comprehensive Assessment Test (FCAT) until replaced by
 2445  common core assessments.The statewide, standardized FCAT
 2446  Reading assessment shall be administered annually in grades 3
 2447  through 10. The statewide, standardized Writing assessment shall
 2448  be administered annually at least once at the elementary,
 2449  middle, and high school levels. When the Reading and Writing
 2450  assessments are replaced by English Language Arts (ELA)
 2451  assessments, ELA assessments shall be administered to students
 2452  in grades 3 through 11. Retake opportunities for the grade 10
 2453  Reading assessment or, upon implementation, the grade 10 ELA
 2454  assessment must be provided. Students taking the ELA assessments
 2455  shall not take the statewide, standardized assessments in
 2456  Reading or Writing. ELA assessments shall be administered
 2457  online. The statewide, standardized; FCAT Mathematics
 2458  assessments shall be administered annually in grades 3 through
 2459  8. Students taking a revised Mathematics assessment shall not
 2460  take the discontinued assessment. The statewide, standardized;
 2461  FCAT Writing shall be administered annually at least once at the
 2462  elementary, middle, and high school levels; and FCAT Science
 2463  assessment shall be administered annually at least once at the
 2464  elementary and middle grades levels. In order to earn a standard
 2465  high school diploma, a student who has not earned a passing
 2466  score on the grade 10 FCAT Reading assessment or, upon
 2467  implementation, the grade 10 ELA assessment must earn a passing
 2468  score on the assessment retake or earn a concordant score as
 2469  authorized under subsection (7) must participate in each retake
 2470  of the assessment until the student earns a passing score. The
 2471  commissioner shall recommend and the State Board of Education
 2472  must adopt a score on both the SAT and ACT that is concordant to
 2473  a passing score on grade 10 FCAT Reading that, if achieved by a
 2474  student, meets the must-pass requirement for grade 10 FCAT
 2475  Reading.
 2476         (b) End-of-course (EOC) assessments.—EOC assessments must
 2477  be statewide, standardized, and developed or approved by the
 2478  Department of Education as follows:
 2479         1. Statewide, standardized EOC assessments in mathematics
 2480  shall be administered according to this subparagraph. Beginning
 2481  with the 2010-2011 school year, all students enrolled in Algebra
 2482  I must take the Algebra I EOC assessment. Except as otherwise
 2483  provided in paragraph (c) this section, beginning with students
 2484  entering grade 9 in the 2011-2012 school year, a student who is
 2485  enrolled in Algebra I must earn a passing score on the Algebra I
 2486  EOC assessment or attain a comparative score as authorized under
 2487  subsection (8) in order to earn a standard high school diploma.
 2488  In order to earn a standard high school diploma, a student who
 2489  has not earned a passing score on the Algebra I EOC assessment
 2490  must earn a passing score on the assessment retake or a
 2491  comparative score as authorized under subsection (8) must
 2492  participate in each retake of the assessment until the student
 2493  earns a passing score. Beginning with the 2011-2012 school year,
 2494  all students enrolled in Geometry must take the Geometry EOC
 2495  assessment. Middle grades students enrolled in Algebra I, or
 2496  Geometry, or Biology I must take the statewide, standardized EOC
 2497  assessment for those courses and shall are not required to take
 2498  the corresponding subject and grade-level statewide,
 2499  standardized assessment FCAT. When a statewide, standardized EOC
 2500  assessment in Algebra II is administered, all students enrolled
 2501  in Algebra II must take the EOC assessment. Pursuant to the
 2502  commissioner’s implementation schedule, student performance on
 2503  the Algebra II EOC assessment constitutes 30 percent of a
 2504  student’s final course grade.
 2505         2. Statewide, standardized EOC assessments in science shall
 2506  be administered according to this subparagraph. Beginning with
 2507  the 2011-2012 school year, all students enrolled in Biology I
 2508  must take the Biology I EOC assessment. Beginning with students
 2509  entering grade 9 in the 2013-2014 school year, performance on
 2510  the Biology I EOC assessment constitutes 30 percent of the
 2511  student’s final course grade.
 2512         3. During the 2012-2013 school year, an EOC assessment in
 2513  civics education shall be administered as a field test at the
 2514  middle grades level. Beginning with the 2013-2014 school year,
 2515  each student’s performance on the statewide, standardized middle
 2516  grades Civics EOC assessment in civics education constitutes 30
 2517  percent of the student’s final course grade in civics education.
 2518         4. The commissioner may select one or more nationally
 2519  developed comprehensive examinations, which may include
 2520  examinations for a College Board Advanced Placement course,
 2521  International Baccalaureate course, or Advanced International
 2522  Certificate of Education course, or industry-approved
 2523  examinations to earn national industry certifications identified
 2524  in the Industry Certification Funding List, for use as EOC
 2525  assessments under this paragraph if the commissioner determines
 2526  that the content knowledge and skills assessed by the
 2527  examinations meet or exceed the grade-level expectations for the
 2528  core curricular content established for the course in the Next
 2529  Generation Sunshine State Standards. Use of any such examination
 2530  as an EOC assessment must be approved by the state board in
 2531  rule.
 2532         5. Contingent upon funding provided in the General
 2533  Appropriations Act, including the appropriation of funds
 2534  received through federal grants, the commissioner may establish
 2535  an implementation schedule for the development and
 2536  administration of additional statewide, standardized EOC
 2537  assessments that must be approved by the state board, in rule.
 2538  If approved by the state board, student performance on such
 2539  assessments constitutes 30 percent of a student’s final course
 2540  grade.
 2541         6. All statewide, standardized EOC assessments must be
 2542  administered online except as otherwise provided in paragraph
 2543  (c).
 2544         (c) Students with disabilities; Florida Alternate
 2545  Assessment.—
 2546         1. Each district school board must provide instruction to
 2547  prepare students with disabilities in the core content knowledge
 2548  and skills necessary for successful grade-to-grade progression
 2549  and high school graduation.
 2550         2. A student with a disability, as defined in s. 1007.02
 2551  1007.02(2), for whom the individual education plan (IEP) team
 2552  determines that the statewide, standardized assessments under
 2553  this section cannot accurately measure the student’s abilities,
 2554  taking into consideration all allowable accommodations, shall
 2555  have assessment results waived for the purpose of receiving a
 2556  course grade and a standard high school diploma. Such waiver
 2557  shall be designated on the student’s transcript. The statement
 2558  of waiver shall be limited to a statement that performance on an
 2559  assessment was waived for the purpose of receiving a course
 2560  grade or a standard high school diploma, as applicable.
 2561         3. The State Board of Education shall adopt rules, based
 2562  upon recommendations of the commissioner, for the provision of
 2563  assessment accommodations for students with disabilities and for
 2564  students who have limited English proficiency.
 2565         a. Accommodations that negate the validity of a statewide,
 2566  standardized assessment are not allowed during the
 2567  administration of the assessment. However, instructional
 2568  accommodations are allowed in the classroom if identified in a
 2569  student’s IEP. Students using instructional accommodations in
 2570  the classroom that are not allowed on a statewide, standardized
 2571  assessment may have assessment results waived if the IEP team
 2572  determines that the assessment cannot accurately measure the
 2573  student’s abilities.
 2574         b. If a student is provided with instructional
 2575  accommodations in the classroom that are not allowed as
 2576  accommodations for statewide, standardized assessments, the
 2577  district must inform the parent in writing and provide the
 2578  parent with information regarding the impact on the student’s
 2579  ability to meet expected performance levels. A parent must
 2580  provide signed consent for a student to receive classroom
 2581  instructional accommodations that would not be available or
 2582  permitted on a statewide, standardized assessment and
 2583  acknowledge in writing that he or she understands the
 2584  implications of such instructional accommodations.
 2585         c. If a student’s IEP states that online administration of
 2586  a statewide, standardized assessment will significantly impair
 2587  the student’s ability to perform, the assessment shall be
 2588  administered in hard copy.
 2589         4. For students with significant cognitive disabilities,
 2590  the Department of Education shall provide for implementation of
 2591  the Florida Alternate Assessment to accurately measure the core
 2592  curricular content established in the Next Generation Sunshine
 2593  State Standards.
 2594         (d) Implementation schedule Common core assessments in
 2595  English Language Arts (ELA) and mathematics.—
 2596         1. Contingent upon funding, common core assessments in ELA
 2597  shall be administered to students in grades 3 through 11. Retake
 2598  opportunities for the grade 10 assessment must be provided.
 2599  Students taking the ELA assessments are not required to take the
 2600  assessments in FCAT Reading or FCAT Writing. Common core ELA
 2601  assessments shall be administered online.
 2602         2. Contingent upon funding, common core assessments in
 2603  mathematics shall be administered to all students in grades 3
 2604  through 8, and common core assessments in Algebra I, Geometry,
 2605  and Algebra II shall be administered to students enrolled in
 2606  those courses. Retake opportunities must be provided for the
 2607  Algebra I assessment. Students may take the common core
 2608  mathematics assessments pursuant to the Credit Acceleration
 2609  Program (CAP) under s. 1003.4295(3). Students taking common core
 2610  assessments in mathematics are not required to take FCAT
 2611  Mathematics or statewide, standardized EOC assessments in
 2612  mathematics. Common core mathematics assessments shall be
 2613  administered online.
 2614         1.3. The Commissioner State Board of Education shall
 2615  establish and publish on the department’s website adopt rules
 2616  establishing an implementation schedule to transition from the
 2617  statewide, standardized FCAT Reading and, FCAT Writing
 2618  assessments to the ELA assessments and to the revised, FCAT
 2619  Mathematics assessments, including the, and Algebra I and
 2620  Geometry EOC assessments to common core assessments in English
 2621  Language Arts and mathematics. The schedule must take into
 2622  consideration funding, sufficient field and baseline data,
 2623  access to assessments, instructional alignment, and school
 2624  district readiness to administer the common core assessments
 2625  online. Until the 10th grade common core ELA and Algebra I
 2626  assessments become must-pass assessments, students must pass
 2627  10th grade FCAT Reading and the Algebra I EOC assessment, or
 2628  achieve a concordant or comparative score as authorized under
 2629  this section, in order to earn a standard high school diploma
 2630  under s. 1003.4282. Students taking 10th grade FCAT Reading or
 2631  the Algebra I EOC assessment are not required to take the
 2632  respective common core assessments.
 2633         2.4. The Department of Education shall publish minimum and
 2634  recommended technology requirements that include specifications
 2635  for hardware, software, networking, security, and broadband
 2636  capacity to facilitate school district compliance with the
 2637  requirement that common core assessments be administered online.
 2638         (e) Assessment scores and achievement levels.—
 2639         1. All statewide, standardized EOC assessments and FCAT
 2640  Reading, FCAT Writing, and FCAT Science assessments shall use
 2641  scaled scores and achievement levels. Achievement levels shall
 2642  range from 1 through 5, with level 1 being the lowest
 2643  achievement level, level 5 being the highest achievement level,
 2644  and level 3 indicating satisfactory performance on an
 2645  assessment. For purposes of the statewide, standardized FCAT
 2646  Writing assessment, student achievement shall be scored using a
 2647  scale of 1 through 6.
 2648         2. The state board shall designate by rule a passing score
 2649  for each statewide, standardized EOC and FCAT assessment. In
 2650  addition, the state board shall designate a score for each
 2651  statewide, standardized EOC assessment that indicates that a
 2652  student is high achieving and has the potential to meet college
 2653  readiness standards by the time the student graduates from high
 2654  school.
 2655         3. If the commissioner seeks to revise a statewide,
 2656  standardized assessment and the revisions require the state
 2657  board to modify performance level scores, including the passing
 2658  score, the commissioner shall provide a copy of the proposed
 2659  scores and implementation plan to the President of the Senate
 2660  and the Speaker of the House of Representatives at least 90 days
 2661  before submission to the state board for review. Until the state
 2662  board adopts the modifications by rule, the commissioner shall
 2663  use calculations for scoring the assessment that adjust student
 2664  scores on the revised assessment for statistical equivalence to
 2665  student scores on the former assessment. The state board shall
 2666  adopt by rule the passing score for the revised assessment that
 2667  is statistically equivalent to the passing score on the
 2668  discontinued assessment for a student who is required to attain
 2669  a passing score on the discontinued assessment. The commissioner
 2670  may, with approval of the state board, discontinue
 2671  administration of the former assessment upon the graduation,
 2672  based on normal student progression, of students participating
 2673  in the final regular administration of the former assessment. If
 2674  the commissioner revises a statewide, standardized assessment
 2675  and the revisions require the state board to modify the passing
 2676  score, only students taking the assessment for the first time
 2677  after the rule is adopted are affected.
 2678         (f) Assessment schedules and reporting of results.—The
 2679  Commissioner of Education shall establish schedules for the
 2680  administration of assessments and the reporting of student
 2681  assessment results. The commissioner shall consider the
 2682  observance of religious and school holidays when developing the
 2683  schedule. By August 1 of each year, the commissioner shall
 2684  notify each school district in writing and publish on the
 2685  department’s website the assessment and reporting schedules for,
 2686  at a minimum, the school year following the upcoming school
 2687  year. The assessment and reporting schedules must provide the
 2688  earliest possible reporting of student assessment results to the
 2689  school districts. Assessment results for the statewide,
 2690  standardized FCAT Reading assessments, or upon implementation
 2691  the ELA assessments, and FCAT Mathematics assessments, including
 2692  the EOC assessments in Algebra I and Geometry, must be made
 2693  available no later than the week of June 8. The administration
 2694  of the statewide, standardized FCAT Writing assessment and the
 2695  Florida Alternate Assessment may be no earlier than the week of
 2696  March 1. School districts shall administer assessments in
 2697  accordance with the schedule established by the commissioner.
 2698         (g) Prohibited activities.—A district school board shall
 2699  prohibit each public school from suspending a regular program of
 2700  curricula for purposes of administering practice assessments or
 2701  engaging in other assessment-preparation activities for a
 2702  statewide, standardized assessment. However, a district school
 2703  board may authorize a public school to engage in the following
 2704  assessment-preparation activities:
 2705         1. Distributing to students sample assessment books and
 2706  answer keys published by the Department of Education.
 2707         2. Providing individualized instruction in assessment
 2708  taking strategies, without suspending the school’s regular
 2709  program of curricula, for a student who scores Level 1 or Level
 2710  2 on a prior administration of an assessment.
 2711         3. Providing individualized instruction in the content
 2712  knowledge and skills assessed, without suspending the school’s
 2713  regular program of curricula, for a student who scores Level 1
 2714  or Level 2 on a prior administration of an assessment or a
 2715  student who, through a diagnostic assessment administered by the
 2716  school district, is identified as having a deficiency in the
 2717  content knowledge and skills assessed.
 2718         4. Administering a practice assessment or engaging in other
 2719  assessment-preparation activities that are determined necessary
 2720  to familiarize students with the organization of the assessment,
 2721  the format of assessment items, and the assessment directions or
 2722  that are otherwise necessary for the valid and reliable
 2723  administration of the assessment, as set forth in rules adopted
 2724  by the State Board of Education with specific reference to this
 2725  paragraph.
 2726         (h) Contracts for assessments.—The commissioner shall
 2727  provide for the assessments to be developed or obtained, as
 2728  appropriate, through contracts and project agreements with
 2729  private vendors, public vendors, public agencies, postsecondary
 2730  educational institutions, or school districts. The commissioner
 2731  may enter into contracts for the continued administration of the
 2732  assessments authorized and funded by the Legislature. Contracts
 2733  may be initiated in 1 fiscal year and continue into the next
 2734  fiscal year and may be paid from the appropriations of either or
 2735  both fiscal years. The commissioner may negotiate for the sale
 2736  or lease of tests, scoring protocols, test scoring services, and
 2737  related materials developed pursuant to law.
 2738         (7) CONCORDANT SCORES FOR 10TH GRADE FCAT READING.—Until
 2739  the state transitions to common core English Language Arts
 2740  assessments, The Commissioner of Education must identify scores
 2741  on the SAT and ACT that if achieved satisfy the graduation
 2742  requirement that a student pass the grade 10 statewide,
 2743  standardized 10th grade FCAT Reading assessment or, upon
 2744  implementation, the grade 10 ELA assessment. The commissioner
 2745  may identify concordant scores on other assessments other than
 2746  the SAT and ACT as well. If the content or scoring procedures
 2747  change for the grade 10 Reading assessment or, upon
 2748  implementation, the grade 10 ELA assessment 10th grade FCAT
 2749  Reading, new concordant scores must be determined. If new
 2750  concordant scores are not timely adopted, the last-adopted
 2751  concordant scores remain in effect until such time as new scores
 2752  are adopted. The state board shall adopt concordant scores in
 2753  rule.
 2754         (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC) ASSESSMENT
 2755  ASSESSMENTS.—The Commissioner of Education must identify one or
 2756  more comparative scores for the Algebra I EOC assessment and may
 2757  identify comparative scores for the other EOC assessments. If
 2758  the content or scoring procedures change for the EOC assessment
 2759  assessments, new comparative scores must be determined. If new
 2760  comparative scores are not timely adopted, the last-adopted
 2761  comparative scores remain in effect until such time as new
 2762  scores are adopted. The state board shall adopt comparative
 2763  scores in rule.
 2764         Section 71. Paragraph (h) of subsection (2), paragraph (a)
 2765  of subsection (4), paragraph (b) of subsection (6), and
 2766  paragraph (b) of subsection (7) of section 1008.25, Florida
 2767  Statutes, are amended to read:
 2768         1008.25 Public school student progression; remedial
 2769  instruction; reporting requirements.—
 2770         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
 2771  school board shall establish a comprehensive plan for student
 2772  progression which must:
 2773         (h) Provide instructional sequences by which students in
 2774  kindergarten through high school may attain progressively higher
 2775  levels of skill in the use of digital tools and applications.
 2776  The instructional sequences must include participation in
 2777  curricular and instructional options and the demonstration of
 2778  competence of standards required pursuant to ss. 1003.41 and
 2779  1003.4203 through attainment of industry certifications and
 2780  other means of demonstrating credit requirements identified
 2781  under ss. 1002.3105, 1003.4203, 1003.428, and 1003.4282.
 2782         (4) ASSESSMENT AND REMEDIATION.—
 2783         (a) Each student must participate in the statewide,
 2784  standardized assessment program required by s. 1008.22. Each
 2785  student who does not meet specific levels of performance on the
 2786  required assessments as determined by the district school board
 2787  or who scores below Level 3 on the statewide, standardized
 2788  Reading assessment or, upon implementation, the English Language
 2789  Arts assessment or on the statewide, standardized Mathematics
 2790  assessments in grades 3 through 8 and the Algebra I EOC
 2791  assessment FCAT Reading or FCAT Mathematics or on the common
 2792  core English Language Arts or mathematics assessments as
 2793  applicable under s. 1008.22 must be provided with additional
 2794  diagnostic assessments to determine the nature of the student’s
 2795  difficulty, the areas of academic need, and strategies for
 2796  appropriate intervention and instruction as described in
 2797  paragraph (b).
 2798         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2799         (b) The district school board may only exempt students from
 2800  mandatory retention, as provided in paragraph (5)(b), for good
 2801  cause. Good cause exemptions shall be limited to the following:
 2802         1. Limited English proficient students who have had less
 2803  than 2 years of instruction in an English for Speakers of Other
 2804  Languages program.
 2805         2. Students with disabilities whose individual education
 2806  plan indicates that participation in the statewide assessment
 2807  program is not appropriate, consistent with the requirements of
 2808  s. 1008.212 State Board of Education rule.
 2809         3. Students who demonstrate an acceptable level of
 2810  performance on an alternative standardized reading or English
 2811  Language Arts assessment approved by the State Board of
 2812  Education.
 2813         4. A student who demonstrates through a student portfolio
 2814  that he or she is performing at least at Level 2 on the
 2815  statewide, standardized FCAT Reading assessment or, upon
 2816  implementation, the common core English Language Arts
 2817  assessment, as applicable under s. 1008.22.
 2818         5. Students with disabilities who take the statewide,
 2819  standardized participate in FCAT Reading assessment or, upon
 2820  implementation, the common core English Language Arts
 2821  assessment, as applicable under s. 1008.22, and who have an
 2822  individual education plan or a Section 504 plan that reflects
 2823  that the student has received intensive remediation in reading
 2824  or and English Language Arts for more than 2 years but still
 2825  demonstrates a deficiency and was previously retained in
 2826  kindergarten, grade 1, grade 2, or grade 3.
 2827         6. Students who have received intensive remediation in
 2828  reading or and English Language Arts, as applicable under s.
 2829  1008.22, for 2 or more years but still demonstrate a deficiency
 2830  and who were previously retained in kindergarten, grade 1, grade
 2831  2, or grade 3 for a total of 2 years. Intensive instruction for
 2832  students so promoted must include an altered instructional day
 2833  that includes specialized diagnostic information and specific
 2834  reading strategies for each student. The district school board
 2835  shall assist schools and teachers to implement reading
 2836  strategies that research has shown to be successful in improving
 2837  reading among low-performing readers.
 2838         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 2839  STUDENTS.—
 2840         (b) Each school district shall:
 2841         1. Provide third grade students who are retained under the
 2842  provisions of paragraph (5)(b) with intensive instructional
 2843  services and supports to remediate the identified areas of
 2844  reading deficiency, including participation in the school
 2845  district’s summer reading camp as required under paragraph (a)
 2846  and a minimum of 90 minutes of daily, uninterrupted,
 2847  scientifically research-based reading instruction which includes
 2848  phonemic awareness, phonics, fluency, vocabulary, and
 2849  comprehension and other strategies prescribed by the school
 2850  district, which may include, but are not limited to:
 2851         a. Integration of science and social studies content within
 2852  the 90-minute block.
 2853         b. Small group instruction.
 2854         c. Reduced teacher-student ratios.
 2855         d. More frequent progress monitoring.
 2856         e. Tutoring or mentoring.
 2857         f. Transition classes containing 3rd and 4th grade
 2858  students.
 2859         g. Extended school day, week, or year.
 2860         2. Provide written notification to the parent of a any
 2861  student who is retained under the provisions of paragraph (5)(b)
 2862  that his or her child has not met the proficiency level required
 2863  for promotion and the reasons the child is not eligible for a
 2864  good cause exemption as provided in paragraph (6)(b). The
 2865  notification must comply with the provisions of s. 1002.20(15)
 2866  and must include a description of proposed interventions and
 2867  supports that will be provided to the child to remediate the
 2868  identified areas of reading deficiency.
 2869         3. Implement a policy for the midyear promotion of a any
 2870  student retained under the provisions of paragraph (5)(b) who
 2871  can demonstrate that he or she is a successful and independent
 2872  reader and performing at or above grade level in reading or,
 2873  upon implementation of and English Language Arts assessments,
 2874  performing at or above grade level in English Language Arts, as
 2875  applicable under s. 1008.22. Tools that school districts may use
 2876  in reevaluating a any student retained may include subsequent
 2877  assessments, alternative assessments, and portfolio reviews, in
 2878  accordance with rules of the State Board of Education.
 2879         4. Provide students who are retained under the provisions
 2880  of paragraph (5)(b) with a highly effective teacher as
 2881  determined by the teacher’s performance evaluation under s.
 2882  1012.34.
 2883         5. Establish at each school, when applicable, an Intensive
 2884  Acceleration Class for retained grade 3 students who
 2885  subsequently score Level 1 on the required statewide,
 2886  standardized assessment identified in s. 1008.22. The focus of
 2887  the Intensive Acceleration Class shall be to increase a child’s
 2888  reading and English Language Arts skill level at least two grade
 2889  levels in 1 school year. The Intensive Acceleration Class shall:
 2890         a. Be provided to a any student in grade 3 who scores Level
 2891  1 on the statewide, standardized FCAT Reading assessment or,
 2892  upon implementation, the common core English Language Arts
 2893  assessment, as applicable under s. 1008.22, and who was retained
 2894  in grade 3 the prior year because of scoring Level 1.
 2895         b. Have a reduced teacher-student ratio.
 2896         c. Provide uninterrupted reading instruction for the
 2897  majority of student contact time each day and incorporate
 2898  opportunities to master the grade 4 Next Generation Sunshine
 2899  State Standards in other core subject areas.
 2900         d. Use a reading program that is scientifically research
 2901  based and has proven results in accelerating student reading
 2902  achievement within the same school year.
 2903         e. Provide intensive language and vocabulary instruction
 2904  using a scientifically research-based program, including use of
 2905  a speech-language therapist.
 2906         Section 72. Paragraphs (b) and (c) of subsection (4) and
 2907  subsections (5) and (7) of section 1008.33, Florida Statutes,
 2908  are amended to read:
 2909         1008.33 Authority to enforce public school improvement.—
 2910         (4)
 2911         (b) Except as provided in subsection (5), The turnaround
 2912  options available to a school district to address a school that
 2913  earns a grade of “F” are:
 2914         1. Convert the school to a district-managed turnaround
 2915  school;
 2916         2. Reassign students to another school and monitor the
 2917  progress of each reassigned student;
 2918         3. Close the school and reopen the school as one or more
 2919  charter schools, each with a governing board that has a
 2920  demonstrated record of effectiveness;
 2921         4. Contract with an outside entity that has a demonstrated
 2922  record of effectiveness to operate the school; or
 2923         5. Implement a hybrid of turnaround options set forth in
 2924  subparagraphs 1.-4. or other turnaround models that have a
 2925  demonstrated record of effectiveness.
 2926         (c) Except for schools required to implement a turnaround
 2927  option pursuant to subsection (5), A school earning a grade of
 2928  “F” shall have a planning year followed by 2 full school years
 2929  to implement the initial turnaround option selected by the
 2930  school district and approved by the state board. Implementation
 2931  of the turnaround option is no longer required if the school
 2932  improves by at least one letter grade.
 2933         (5) A school that earns a grade of “F” within 2 years after
 2934  raising its grade from a grade of “F” or that earns a grade of
 2935  “F” within 2 years after exiting the lowest-performing category
 2936  under s. 3, chapter 2009-144, Laws of Florida, must implement
 2937  one of the turnaround options in subparagraphs (4)(b)2.-5.
 2938         (7) A school classified in the lowest-performing category
 2939  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
 2940  2012, is not required to continue implementing any turnaround
 2941  option unless the school earns a grade of “F” or a third
 2942  consecutive “D” for the 2011-2012 school year. A school earning
 2943  a grade of “F” or a third consecutive “D” for the 2011-2012
 2944  school year may not restart the number of years it has been low
 2945  performing by virtue of the 2012 amendments to this section.
 2946         Section 73. Section 1008.331, Florida Statutes, is
 2947  repealed.
 2948         Section 74. Subsection (2) of section 1008.3415, Florida
 2949  Statutes, is amended to read:
 2950         1008.3415 School grade or school improvement rating for
 2951  exceptional student education centers.—
 2952         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
 2953  scores and learning gains of a student with a disability who
 2954  attends an exceptional student education center and has not been
 2955  enrolled in or attended a public school other than an
 2956  exceptional student education center for grades K-12 within the
 2957  school district shall not be included in the calculation of the
 2958  home school’s grade if the student is identified as an emergent
 2959  student on the alternate assessment tool described in s.
 2960  1008.22(3)(c) 1008.22(3)(c)13.
 2961         Section 75. Section 1008.35, Florida Statutes, is repealed.
 2962         Section 76. Subsection (3) of section 1009.22, Florida
 2963  Statutes, is amended to read:
 2964         1009.22 Workforce education postsecondary student fees.—
 2965         (3)(a) Except as otherwise provided by law, fees for
 2966  students who are nonresidents for tuition purposes must offset
 2967  the full cost of instruction. Residency of students shall be
 2968  determined as required in s. 1009.21. Fee-nonexempt students
 2969  enrolled in applied academics for adult education instruction
 2970  shall be charged fees equal to the fees charged for adult
 2971  general education programs. Each Florida College System
 2972  institution that conducts developmental education and applied
 2973  academics for adult education instruction in the same class
 2974  section may charge a single fee for both types of instruction.
 2975         (b) Fees for continuing workforce education shall be
 2976  locally determined by the district school board or Florida
 2977  College System institution board of trustees. Expenditures for
 2978  the continuing workforce education program provided by the
 2979  Florida College System institution or school district must be
 2980  fully supported by fees. Enrollments in continuing workforce
 2981  education courses may not be counted for purposes of funding
 2982  full-time equivalent enrollment.
 2983         (c) Effective July 1, 2011, For programs leading to a
 2984  career certificate or an applied technology diploma, the
 2985  standard tuition shall be $2.22 per contact hour for residents
 2986  and nonresidents and the out-of-state fee shall be $6.66 per
 2987  contact hour. For adult general education programs, a block
 2988  tuition of $45 per half year or $30 per term shall be assessed
 2989  for residents and nonresidents, and the out-of-state fee shall
 2990  be $135 per half year or $90 per term. Each district school
 2991  board and Florida College System institution board of trustees
 2992  shall adopt policies and procedures for the collection of and
 2993  accounting for the expenditure of the block tuition. All funds
 2994  received from the block tuition shall be used only for adult
 2995  general education programs. Students enrolled in adult general
 2996  education programs may not be assessed the fees authorized in
 2997  subsection (5), subsection (6), or subsection (7).
 2998         (d) Beginning with the 2008-2009 fiscal year and each year
 2999  thereafter, The tuition and the out-of-state fee per contact
 3000  hour shall increase at the beginning of each fall semester at a
 3001  rate equal to inflation, unless otherwise provided in the
 3002  General Appropriations Act. The Office of Economic and
 3003  Demographic Research shall report the rate of inflation to the
 3004  President of the Senate, the Speaker of the House of
 3005  Representatives, the Governor, and the State Board of Education
 3006  each year prior to March 1. For purposes of this paragraph, the
 3007  rate of inflation shall be defined as the rate of the 12-month
 3008  percentage change in the Consumer Price Index for All Urban
 3009  Consumers, U.S. City Average, All Items, or successor reports as
 3010  reported by the United States Department of Labor, Bureau of
 3011  Labor Statistics, or its successor for December of the previous
 3012  year. In the event the percentage change is negative, the
 3013  tuition and out-of-state fee shall remain at the same level as
 3014  the prior fiscal year.
 3015         (e) Each district school board and each Florida College
 3016  System institution board of trustees may adopt tuition and out
 3017  of-state fees that may vary no more than 5 percent below or and
 3018  5 percent above the combined total of the standard tuition and
 3019  out-of-state fees established in paragraph (c).
 3020         (f) The maximum increase in resident tuition for any school
 3021  district or Florida College System institution during the 2007
 3022  2008 fiscal year shall be 5 percent over the tuition charged
 3023  during the 2006-2007 fiscal year.
 3024         (f)(g) The State Board of Education may adopt, by rule, the
 3025  definitions and procedures that district school boards and
 3026  Florida College System institution boards of trustees shall use
 3027  in the calculation of cost borne by students.
 3028         Section 77. Paragraph (a) of subsection (1) of section
 3029  1009.40, Florida Statutes, is amended to read:
 3030         1009.40 General requirements for student eligibility for
 3031  state financial aid awards and tuition assistance grants.—
 3032         (1)(a) The general requirements for eligibility of students
 3033  for state financial aid awards and tuition assistance grants
 3034  consist of the following:
 3035         1. Achievement of the academic requirements of and
 3036  acceptance at a state university or Florida College System
 3037  institution; a nursing diploma school approved by the Florida
 3038  Board of Nursing; a Florida college or university which is
 3039  accredited by an accrediting agency recognized by the State
 3040  Board of Education; a any Florida institution the credits of
 3041  which are acceptable for transfer to state universities; a any
 3042  career center; or a any private career institution accredited by
 3043  an accrediting agency recognized by the State Board of
 3044  Education.
 3045         2. Residency in this state for no less than 1 year
 3046  preceding the award of aid or a tuition assistance grant for a
 3047  program established pursuant to s. 1009.50, s. 1009.505, s.
 3048  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 3049  1009.62, s. 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s.
 3050  1009.891. Residency in this state must be for purposes other
 3051  than to obtain an education. Resident status for purposes of
 3052  receiving state financial aid awards shall be determined in the
 3053  same manner as resident status for tuition purposes pursuant to
 3054  s. 1009.21.
 3055         3. Submission of certification attesting to the accuracy,
 3056  completeness, and correctness of information provided to
 3057  demonstrate a student’s eligibility to receive state financial
 3058  aid awards or tuition assistance grants. Falsification of such
 3059  information shall result in the denial of a any pending
 3060  application and revocation of an any award or grant currently
 3061  held to the extent that no further payments shall be made.
 3062  Additionally, students who knowingly make false statements in
 3063  order to receive state financial aid awards or tuition
 3064  assistance grants commit a misdemeanor of the second degree
 3065  subject to the provisions of s. 837.06 and shall be required to
 3066  return all state financial aid awards or tuition assistance
 3067  grants wrongfully obtained.
 3068         Section 78. Subsection (1) of section 1009.531, Florida
 3069  Statutes, is amended to read:
 3070         1009.531 Florida Bright Futures Scholarship Program;
 3071  student eligibility requirements for initial awards.—
 3072         (1) Effective January 1, 2008, In order to be eligible for
 3073  an initial award from any of the three types of scholarships
 3074  under the Florida Bright Futures Scholarship Program, a student
 3075  must:
 3076         (a) Be a Florida resident as defined in s. 1009.40 and
 3077  rules of the State Board of Education.
 3078         (b) Earn a standard Florida high school diploma pursuant to
 3079  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
 3080  equivalency diploma its equivalent pursuant to s. 1003.428, s.
 3081  1003.4281, s. 1003.4282, or s. 1003.435 unless:
 3082         1. The student completes a home education program according
 3083  to s. 1002.41; or
 3084         2. The student earns a high school diploma from a non
 3085  Florida school while living with a parent or guardian who is on
 3086  military or public service assignment away from Florida.
 3087         (c) Be accepted by and enroll in an eligible Florida public
 3088  or independent postsecondary education institution.
 3089         (d) Be enrolled for at least 6 semester credit hours or the
 3090  equivalent in quarter hours or clock hours.
 3091         (e) Not have been found guilty of, or entered a plea of
 3092  nolo contendere to, a felony charge, unless the student has been
 3093  granted clemency by the Governor and Cabinet sitting as the
 3094  Executive Office of Clemency.
 3095         (f) Apply for a scholarship from the program by high school
 3096  graduation. However, a student who graduates from high school
 3097  midyear must apply no later than August 31 of the student’s
 3098  graduation year in order to be evaluated for and, if eligible,
 3099  receive an award for the current academic year.
 3100         Section 79. Paragraph (c) of subsection (3) of section
 3101  1009.532, Florida Statutes, is amended to read:
 3102         1009.532 Florida Bright Futures Scholarship Program;
 3103  student eligibility requirements for renewal awards.—
 3104         (3)
 3105         (c) A student who is initially eligible in the 2012-2013
 3106  academic year and thereafter may receive an award for a maximum
 3107  of 100 percent of the number of credit hours required to
 3108  complete an associate degree program, a baccalaureate degree
 3109  program, or a postsecondary career certificate program or, for a
 3110  Florida Gold Seal Vocational Scholars award, may receive an
 3111  award for a maximum of 100 percent of the number of credit hours
 3112  or equivalent clock hours required to complete one of the
 3113  following at a Florida public or nonpublic education institution
 3114  that offers these specific programs: for an applied technology
 3115  diploma program as defined in s. 1004.02(7) 1004.02(8), up to 60
 3116  credit hours or equivalent clock hours; for a technical degree
 3117  education program as defined in s. 1004.02(13) 1004.02(14), up
 3118  to the number of hours required for a specific degree not to
 3119  exceed 72 credit hours or equivalent clock hours; or for a
 3120  career certificate program as defined in s. 1004.02(20)
 3121  1004.02(21), up to the number of hours required for a specific
 3122  certificate not to exceed 72 credit hours or equivalent clock
 3123  hours. A student who transfers from one of these program levels
 3124  to another program level becomes eligible for the higher of the
 3125  two credit hour limits.
 3126         Section 80. Paragraph (c) of subsection (4) of section
 3127  1009.536, Florida Statutes, is amended to read:
 3128         1009.536 Florida Gold Seal Vocational Scholars award.—The
 3129  Florida Gold Seal Vocational Scholars award is created within
 3130  the Florida Bright Futures Scholarship Program to recognize and
 3131  reward academic achievement and career preparation by high
 3132  school students who wish to continue their education.
 3133         (4)
 3134         (c) A student who is initially eligible in the 2012-2013
 3135  academic year and thereafter may earn a Florida Gold Seal
 3136  Vocational Scholarship for a maximum of 100 percent of the
 3137  number of credit hours or equivalent clock hours required to
 3138  complete one of the following at a Florida public or nonpublic
 3139  education institution that offers these specific programs: for
 3140  an applied technology diploma program as defined in s.
 3141  1004.02(7) 1004.02(8), up to 60 credit hours or equivalent clock
 3142  hours; for a technical degree education program as defined in s.
 3143  1004.02(13) 1004.02(14), up to the number of hours required for
 3144  a specific degree not to exceed 72 credit hours or equivalent
 3145  clock hours; or for a career certificate program as defined in
 3146  s. 1004.02(20) 1004.02(21), up to the number of hours required
 3147  for a specific certificate not to exceed 72 credit hours or
 3148  equivalent clock hours.
 3149         Section 81. Section 1009.56, Florida Statutes, is repealed.
 3150         Section 82. Section 1009.69, Florida Statutes, is repealed.
 3151         Section 83. Subsection (1) of section 1009.91, Florida
 3152  Statutes, is amended to read:
 3153         1009.91 Assistance programs and activities of the
 3154  department.—
 3155         (1) The department may contract for the administration of
 3156  the student financial assistance programs as specifically
 3157  provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.
 3158         Section 84. Paragraph (c) of subsection (2) of section
 3159  1009.94, Florida Statutes, is amended to read:
 3160         1009.94 Student financial assistance database.—
 3161         (2) For purposes of this section, financial assistance
 3162  includes:
 3163         (c) Any financial assistance provided under s. 1009.50, s.
 3164  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 3165  1009.56, s. 1009.60, s. 1009.62, s. 1009.70, s. 1009.701, s.
 3166  1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s.
 3167  1009.891.
 3168         Section 85. Part V of chapter 1009, Florida Statutes,
 3169  consisting of sections 1009.99, 1009.991, 1009.992, 1009.993,
 3170  1009.994, 1009.995, 1009.996, 1009.9965, 1009.997, 1009.9975,
 3171  1009.9976, 1009.9977, 1009.9978, 1009.9979, 1009.998, 1009.9981,
 3172  1009.9982, 1009.9983, 1009.9984, 1009.9985, 1009.9986,
 3173  1009.9987, 1009.9988, 1009.9989, 1009.9990, 1009.9991,
 3174  1009.9992, 1009.9993, and 1009.9994, is repealed.
 3175         Section 86. Paragraph (b) of subsection (13) of section
 3176  1011.62, Florida Statutes, is amended to read:
 3177         1011.62 Funds for operation of schools.—If the annual
 3178  allocation from the Florida Education Finance Program to each
 3179  district for operation of schools is not determined in the
 3180  annual appropriations act or the substantive bill implementing
 3181  the annual appropriations act, it shall be determined as
 3182  follows:
 3183         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 3184  CURRENT OPERATION.—The total annual state allocation to each
 3185  district for current operation for the FEFP shall be distributed
 3186  periodically in the manner prescribed in the General
 3187  Appropriations Act.
 3188         (b) The amount thus obtained shall be the net annual
 3189  allocation to each school district. However, if it is determined
 3190  that any school district received an underallocation or
 3191  overallocation for any prior year because of an arithmetical
 3192  error, assessment roll change required by final judicial
 3193  decision, full-time equivalent student membership error, or any
 3194  allocation error revealed in an audit report, the allocation to
 3195  that district shall be appropriately adjusted. Beginning with
 3196  audits for the 2001-2002 fiscal year, if the adjustment is the
 3197  result of an audit finding in which group 2 FTE are reclassified
 3198  to the basic program and the district weighted FTE are over the
 3199  weighted enrollment ceiling for group 2 programs, the adjustment
 3200  shall not result in a gain of state funds to the district.
 3201  Beginning with the 2011-2012 fiscal year, if a special program
 3202  cost factor is less than the basic program cost factor, an audit
 3203  adjustment may not result in the reclassification of the special
 3204  program FTE to the basic program FTE. If the Department of
 3205  Education audit adjustment recommendation is based upon
 3206  controverted findings of fact, the Commissioner of Education is
 3207  authorized to establish the amount of the adjustment based on
 3208  the best interests of the state.
 3209         Section 87. Paragraphs (b) and (c) of subsection (3) of
 3210  section 1011.71, Florida Statutes, are repealed.
 3211         Section 88. Subsection (4) of section 1011.76, Florida
 3212  Statutes, is repealed.
 3213         Section 89. Paragraph (b) of subsection (1) of section
 3214  1011.80, Florida Statutes, is amended to read:
 3215         1011.80 Funds for operation of workforce education
 3216  programs.—
 3217         (1) As used in this section, the terms “workforce
 3218  education” and “workforce education program” include:
 3219         (b) Career certificate programs, as defined in s.
 3220  1004.02(20) 1004.02(21).
 3221         Section 90. Paragraphs (b), (f), (j), (m), and (p) of
 3222  subsection (2) and subsection (6) of section 1012.05, Florida
 3223  Statutes, are amended to read:
 3224         1012.05 Teacher recruitment and retention.—
 3225         (2) The Department of Education shall:
 3226         (b) Advertise in major newspapers, national professional
 3227  publications, and other professional publications and in public
 3228  and nonpublic postsecondary educational institutions, if needed.
 3229         (f) Develop and distribute promotional materials related to
 3230  teaching as a career, if needed.
 3231         (j) Develop, in consultation with school district staff
 3232  including, but not limited to, district school superintendents,
 3233  district school board members, and district human resources
 3234  personnel, a long-range plan for educator recruitment and
 3235  retention.
 3236         (m) Develop and implement a First Response Center to
 3237  provide educator candidates one-stop shopping for information on
 3238  teaching careers in Florida and establish the Teacher Lifeline
 3239  Network to provide online support to beginning teachers and
 3240  those needing assistance.
 3241         (n)(p) Notify each teacher, via e-mail, of each item in the
 3242  General Appropriations Act and legislation that affects
 3243  teachers, including, but not limited to, the Excellent Teaching
 3244  Program, the Florida Teachers Classroom Supply Assistance
 3245  Program, liability insurance protection for teachers, death
 3246  benefits for teachers, substantive legislation, rules of the
 3247  State Board of Education, and issues concerning student
 3248  achievement.
 3249         (6) The Commissioner of Education shall take steps that
 3250  provide flexibility and consistency in meeting the highly
 3251  qualified teacher criteria as defined in the No Child Left
 3252  Behind Act of 2001 through a High, Objective, Uniform State
 3253  Standard of Evaluation (HOUSSE).
 3254         Section 91. Paragraph (b) of subsection (1) of section
 3255  1012.22, Florida Statutes, is amended to read:
 3256         1012.22 Public school personnel; powers and duties of the
 3257  district school board.—The district school board shall:
 3258         (1) Designate positions to be filled, prescribe
 3259  qualifications for those positions, and provide for the
 3260  appointment, compensation, promotion, suspension, and dismissal
 3261  of employees as follows, subject to the requirements of this
 3262  chapter:
 3263         (b) Time to act on nominations.—The district school board
 3264  shall act no not later than 3 weeks following the receipt of
 3265  statewide, standardized assessment scores and data under s.
 3266  1008.22 and, including school grades, or June 30, whichever is
 3267  later, on the district school superintendent’s nominations of
 3268  supervisors, principals, and members of the instructional staff.
 3269         Section 92. Subsection (9) of section 1012.33, Florida
 3270  Statutes, is repealed.
 3271         Section 93. Paragraph (b) of subsection (1), paragraph (a)
 3272  of subsection (3), and subsection (6) of section 1012.34,
 3273  Florida Statutes, are amended to read:
 3274         1012.34 Personnel evaluation procedures and criteria.—
 3275         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 3276         (b) The department must approve each school district’s
 3277  instructional personnel and school administrator evaluation
 3278  systems. The department shall monitor each district’s
 3279  implementation of its instructional personnel and school
 3280  administrator evaluation systems for compliance with the
 3281  requirements of this section and s. 1012.3401.
 3282         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 3283  personnel and school administrator performance evaluations must
 3284  be based upon the performance of students assigned to their
 3285  classrooms or schools, as provided in this section. Pursuant to
 3286  this section, a school district’s performance evaluation is not
 3287  limited to basing unsatisfactory performance of instructional
 3288  personnel and school administrators solely upon student
 3289  performance, but may include other criteria approved to evaluate
 3290  instructional personnel and school administrators’ performance,
 3291  or any combination of student performance and other approved
 3292  criteria. Evaluation procedures and criteria must comply with,
 3293  but are not limited to, the following:
 3294         (a) A performance evaluation must be conducted for each
 3295  employee at least once a year, except that a classroom teacher,
 3296  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 3297  who is newly hired by the district school board must be observed
 3298  and evaluated at least twice in the first year of teaching in
 3299  the school district. The performance evaluation must be based
 3300  upon sound educational principles and contemporary research in
 3301  effective educational practices. The evaluation criteria must
 3302  include:
 3303         1. Performance of students.—At least 50 percent of a
 3304  performance evaluation must be based upon data and indicators of
 3305  student learning growth assessed annually by statewide
 3306  assessments or, for subjects and grade levels not measured by
 3307  statewide assessments, by school district assessments as
 3308  provided in s. 1008.22(6) 1008.22(8). Each school district must
 3309  use the formula adopted pursuant to paragraph (7)(a) for
 3310  measuring student learning growth in all courses associated with
 3311  statewide assessments and must select an equally appropriate
 3312  formula for measuring student learning growth for all other
 3313  grades and subjects, except as otherwise provided in subsection
 3314  (7).
 3315         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 3316  excluding substitute teachers, the student learning growth
 3317  portion of the evaluation must include growth data for students
 3318  assigned to the teacher over the course of at least 3 years. If
 3319  less than 3 years of data are available, the years for which
 3320  data are available must be used and the percentage of the
 3321  evaluation based upon student learning growth may be reduced to
 3322  not less than 40 percent.
 3323         b. For instructional personnel who are not classroom
 3324  teachers, the student learning growth portion of the evaluation
 3325  must include growth data on statewide assessments for students
 3326  assigned to the instructional personnel over the course of at
 3327  least 3 years, or may include a combination of student learning
 3328  growth data and other measurable student outcomes that are
 3329  specific to the assigned position, provided that the student
 3330  learning growth data accounts for not less than 30 percent of
 3331  the evaluation. If less than 3 years of student growth data are
 3332  available, the years for which data are available must be used
 3333  and the percentage of the evaluation based upon student learning
 3334  growth may be reduced to not less than 20 percent.
 3335         c. For school administrators, the student learning growth
 3336  portion of the evaluation must include growth data for students
 3337  assigned to the school over the course of at least 3 years. If
 3338  less than 3 years of data are available, the years for which
 3339  data are available must be used and the percentage of the
 3340  evaluation based upon student learning growth may be reduced to
 3341  not less than 40 percent.
 3342         2. Instructional practice.—Evaluation criteria used when
 3343  annually observing classroom teachers, as defined in s.
 3344  1012.01(2)(a), excluding substitute teachers, must include
 3345  indicators based upon each of the Florida Educator Accomplished
 3346  Practices adopted by the State Board of Education. For
 3347  instructional personnel who are not classroom teachers,
 3348  evaluation criteria must be based upon indicators of the Florida
 3349  Educator Accomplished Practices and may include specific job
 3350  expectations related to student support.
 3351         3. Instructional leadership.—For school administrators,
 3352  evaluation criteria must include indicators based upon each of
 3353  the leadership standards adopted by the State Board of Education
 3354  under s. 1012.986, including performance measures related to the
 3355  effectiveness of classroom teachers in the school, the
 3356  administrator’s appropriate use of evaluation criteria and
 3357  procedures, recruitment and retention of effective and highly
 3358  effective classroom teachers, improvement in the percentage of
 3359  instructional personnel evaluated at the highly effective or
 3360  effective level, and other leadership practices that result in
 3361  student learning growth. The system may include a means to give
 3362  parents and instructional personnel an opportunity to provide
 3363  input into the administrator’s performance evaluation.
 3364         4. Professional and job responsibilities.—For instructional
 3365  personnel and school administrators, other professional and job
 3366  responsibilities must be included as adopted by the State Board
 3367  of Education. The district school board may identify additional
 3368  professional and job responsibilities.
 3369         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 3370  EVALUATION SYSTEMS.—The district school board shall establish a
 3371  procedure for annually reviewing instructional personnel and
 3372  school administrator evaluation systems to determine compliance
 3373  with this section and s. 1012.3401. All substantial revisions to
 3374  an approved system must be reviewed and approved by the district
 3375  school board before being used to evaluate instructional
 3376  personnel or school administrators. Upon request by a school
 3377  district, the department shall provide assistance in developing,
 3378  improving, or reviewing an evaluation system.
 3379         Section 94. Section 1012.44, Florida Statutes, is amended
 3380  to read:
 3381         1012.44 Qualifications for certain persons providing
 3382  speech-language services.—The State Board of Education shall
 3383  adopt rules for speech-language services to school districts
 3384  that qualify for the sparsity supplement as described in s.
 3385  1011.62(7). These services may be provided by baccalaureate
 3386  degree level persons for a period of 3 years. The rules shall
 3387  authorize the delivery of speech-language services by
 3388  baccalaureate degree level persons under the direction of a
 3389  certified speech-language pathologist with a master’s degree or
 3390  higher. By October 1, 2003, these rules shall be reviewed by the
 3391  State Board of Education.
 3392         Section 95. Section 1012.561, Florida Statutes, is amended
 3393  to read:
 3394         1012.561 Address of record.—Each certified educator or
 3395  applicant for certification is solely responsible for
 3396  maintaining his or her current address with the Department of
 3397  Education and for notifying the department in writing of a
 3398  change of address. By January 1, 2005, each educator and
 3399  applicant for certification must have on file with the
 3400  department a current mailing address. Thereafter, A certified
 3401  educator or applicant for certification who is employed by a
 3402  district school board shall notify his or her employing school
 3403  district within 10 days after a change of address. At a minimum,
 3404  the employing district school board shall notify the department
 3405  monthly of the addresses of the certified educators or
 3406  applicants for certification in the manner prescribed by the
 3407  department. A certified educator or applicant for certification
 3408  who is not employed by a district school board shall personally
 3409  notify the department in writing within 30 days after a change
 3410  of address. The department shall permit electronic notification;
 3411  however, it is the responsibility of the certified educator or
 3412  applicant for certification to ensure that the department has
 3413  received the electronic notification.
 3414         Section 96. Section 1012.595, Florida Statutes, is
 3415  repealed.
 3416         Section 97. Subsections (2), (3), and (4) of section
 3417  1012.885, Florida Statutes, are amended to read:
 3418         1012.885 Remuneration of Florida College System institution
 3419  presidents; limitations.—
 3420         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3421  law, resolution, or rule to the contrary, a Florida College
 3422  System institution president may not receive more than $225,000
 3423  in remuneration annually from appropriated state funds. Only
 3424  compensation, as defined in s. 121.021(22), provided to a
 3425  Florida College System institution president may be used in
 3426  calculating benefits under chapter 121.
 3427         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3428  party from providing cash or cash-equivalent compensation from
 3429  funds that are not appropriated state funds to a Florida College
 3430  System institution president in excess of the limit in
 3431  subsection (3) (2). If a party is unable or unwilling to fulfill
 3432  an obligation to provide cash or cash-equivalent compensation to
 3433  a Florida College System institution president as permitted
 3434  under this subsection, appropriated state funds may not be used
 3435  to fulfill such obligation.
 3436         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3437  resolution, or rule to the contrary the provisions of this
 3438  section, a Florida College System institution president may not
 3439  receive more than $200,000 in remuneration from appropriated
 3440  state funds. Only compensation, as defined in s. 121.021(22),
 3441  provided to a Florida College System institution president may
 3442  be used in calculating benefits under chapter 121.
 3443         Section 98. Subsections (2), (3), and (4) of section
 3444  1012.975, Florida Statutes, are amended to read:
 3445         1012.975 Remuneration of state university presidents;
 3446  limitations.—
 3447         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3448  law, resolution, or rule to the contrary, a state university
 3449  president may not receive more than $225,000 in remuneration
 3450  annually from public funds. Only compensation, as such term is
 3451  defined in s. 121.021(22), provided to a state university
 3452  president may be used in calculating benefits under chapter 121.
 3453         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3454  party from providing cash or cash-equivalent compensation from
 3455  funds that are not public funds to a state university president
 3456  in excess of the limit in subsection (3) (2). If a party is
 3457  unable or unwilling to fulfill an obligation to provide cash or
 3458  cash-equivalent compensation to a state university president as
 3459  permitted under this subsection, public funds may not be used to
 3460  fulfill such obligation.
 3461         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3462  resolution, or rule to the contrary the provisions of this
 3463  section, a state university president may not receive more than
 3464  $200,000 in remuneration from public funds. Only compensation,
 3465  as defined in s. 121.021(22), provided to a state university
 3466  president may be used in calculating benefits under chapter 121.
 3467         Section 99. Subsection (12) of section 1012.98, Florida
 3468  Statutes, is amended to read:
 3469         1012.98 School Community Professional Development Act.—
 3470         (12) The department shall require teachers in grades K-12
 3471  1-12 to participate in continuing education training provided by
 3472  the Department of Children and Family Services on identifying
 3473  and reporting child abuse and neglect.
 3474         Section 100. Paragraph (f) of subsection (2) of section
 3475  1013.35, Florida Statutes, is amended to read:
 3476         1013.35 School district educational facilities plan;
 3477  definitions; preparation, adoption, and amendment; long-term
 3478  work programs.—
 3479         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 3480  FACILITIES PLAN.—
 3481         (f) Not less than once every 5 years, the district school
 3482  board shall have an a financial management and performance audit
 3483  conducted of the district’s educational planning and
 3484  construction activities of the district. An operational audit
 3485  conducted by the Office of Program Policy Analysis and
 3486  Government Accountability and the Auditor General pursuant to s.
 3487  11.45 1008.35 satisfies this requirement.
 3488         Section 101. Section 1013.47, Florida Statutes, is amended
 3489  to read:
 3490         1013.47 Substance of contract; contractors to give bond;
 3491  penalties.—Each board shall develop contracts consistent with
 3492  this chapter and statutes governing public facilities. Such a
 3493  contract must contain the drawings and specifications of the
 3494  work to be done and the material to be furnished, the time limit
 3495  in which the construction is to be completed, the time and
 3496  method by which payments are to be made upon the contract, and
 3497  the penalty to be paid by the contractor for a any failure to
 3498  comply with the terms of the contract. The board may require the
 3499  contractor to pay a penalty for any failure to comply with the
 3500  terms of the contract and may provide an incentive for early
 3501  completion. Upon accepting a satisfactory bid, the board shall
 3502  enter into a contract with the party or parties whose bid has
 3503  been accepted. The contractor shall furnish the board with a
 3504  performance and payment bond as set forth in s. 255.05. A board
 3505  or other public entity may not require a contractor to secure a
 3506  surety bond under s. 255.05 from a specific agent or bonding
 3507  company. Notwithstanding any other provision of this section, if
 3508  25 percent or more of the costs of any construction project is
 3509  paid out of a trust fund established pursuant to 31 U.S.C. s.
 3510  1243(a)(1), laborers and mechanics employed by contractors or
 3511  subcontractors on such construction will be paid wages not less
 3512  than those prevailing on similar construction projects in the
 3513  locality, as determined by the Secretary of Labor in accordance
 3514  with the Davis-Bacon Act, as amended. A person, firm, or
 3515  corporation that constructs any part of any educational plant,
 3516  or addition thereto, on the basis of any unapproved plans or in
 3517  violation of any plans approved in accordance with the
 3518  provisions of this chapter and rules of the State Board of
 3519  Education or regulations of the Board of Governors relating to
 3520  building standards or specifications is subject to forfeiture of
 3521  the surety bond and unpaid compensation in an amount sufficient
 3522  to reimburse the board for any costs that will need to be
 3523  incurred in making any changes necessary to assure that all
 3524  requirements are met and is also guilty of a misdemeanor of the
 3525  second degree, punishable as provided in s. 775.082 or s.
 3526  775.083, for each separate violation.
 3527         Section 102. Section 1013.49, Florida Statutes, is
 3528  repealed.
 3529         Section 103. Section 1013.512, Florida Statutes, is
 3530  repealed.
 3531         Section 104. Section 20 of chapter 2010-24, Laws of
 3532  Florida, is repealed.
 3533         Section 105. This act shall take effect upon becoming a
 3534  law.