Florida Senate - 2014                      CS for CS for SB 1226
       
       
        
       By the Committees on Rules; and Education; and Senator Montford
       
       
       
       
       
       595-04171-14                                          20141226c2
    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, F.S.; conforming cross
   10         references; amending s. 496.404, F.S.; conforming
   11         cross-references; amending s. 775.215, F.S.;
   12         conforming cross-references; amending s. 984.151,
   13         F.S.; 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; amending s. 1001.34, F.S.; establishing a
   30         process for modifying the membership of a district
   31         school board; providing for a referendum; repealing
   32         ss. 1001.47(7) and 1001.50(6), F.S., relating to
   33         obsolete district school superintendent salary
   34         provisions; repealing s. 1001.62, F.S., relating to
   35         obsolete provisions for the transfer of benefits
   36         arising under local or special acts; repealing s.
   37         1001.73(3), F.S., relating to the abolished Board of
   38         Regents as trustee; amending s. 1002.20, F.S.;
   39         correcting cross-references and conforming provisions;
   40         amending s. 1002.31, F.S.; revising provisions
   41         relating to school district controlled open enrollment
   42         plans; amending s. 1002.3105, F.S.; conforming
   43         provisions; amending s. 1002.321, F.S.; conforming
   44         provisions; amending s. 1002.33, F.S.; deleting
   45         required training before charter school application;
   46         conforming cross-references and provisions; amending
   47         s. 1002.34, F.S.; conforming cross-references;
   48         revising provisions relating to department assistance
   49         to charter technical career centers; amending s.
   50         1002.345, F.S.; revising provisions relating to
   51         expedited review of deteriorating financial conditions
   52         for a charter school or charter technical career
   53         center; deleting an annual reporting requirement;
   54         amending s. 1002.39, F.S.; deleting obsolete
   55         provisions relating to eligibility for a John M. McKay
   56         Scholarship; amending s. 1002.41, F.S.; correcting
   57         cross-references; repealing s. 1002.415, F.S.,
   58         relating to the K-8 Virtual School Program; amending
   59         s. 1002.45, F.S.; conforming cross-references;
   60         amending s. 1002.455, F.S.; conforming provisions;
   61         repealing s. 1002.65, F.S., relating to aspirational
   62         goals for credentials of prekindergarten instructors;
   63         amending s. 1003.01, F.S.; conforming cross
   64         references; amending s. 1003.02, F.S.; requiring
   65         instructional materials to be consistent with course
   66         descriptions; amending s. 1003.03, F.S.; conforming
   67         cross-references; amending s. 1003.41, F.S.; deleting
   68         an obsolete cost analysis requirement relating to a
   69         separate financial literacy course; amending s.
   70         1003.4156, F.S.; revising course and assessment
   71         requirements for middle grades students for promotion
   72         to high school; providing an exemption for transfer
   73         students from certain course grade and assessment
   74         requirements; repealing s. 1003.428, F.S., relating to
   75         obsolete requirements for high school graduation;
   76         amending s. 1003.4281, F.S.; conforming cross
   77         references; amending s. 1003.4282, F.S.; revising
   78         course and assessment requirements for the award of a
   79         standard high school diploma; providing requirements
   80         for a student in an adult general education program to
   81         be awarded a standard high school diploma; revising
   82         requirements for award of a certificate of completion;
   83         providing an exemption for transfer students from
   84         certain course grade and assessment requirements;
   85         providing specificity regarding course and assessment
   86         requirements for graduation for certain cohorts of
   87         high school students transitioning to new graduation
   88         requirements; providing for future repeal of
   89         transition requirements; amending s. 1003.4285, F.S.;
   90         revising requirements for standard high school diploma
   91         designations; amending s. 1003.438, F.S.; conforming
   92         cross-references; repealing s. 1003.451(5), F.S.,
   93         relating to State Board of Education rulemaking;
   94         amending s. 1003.49, F.S.; conforming cross
   95         references; amending s. 1003.493, F.S.; conforming a
   96         cross-reference; amending s. 1003.4935, F.S.;
   97         conforming a cross-reference; amending s. 1003.57,
   98         F.S., relating to exceptional student instruction;
   99         amending s. 1003.621, F.S.; revising audit criteria
  100         for academically high-performing school districts;
  101         repealing s. 1004.02(4), F.S., relating to the
  102         definition of the term “adult high school credit
  103         program”; amending s. 1004.0961, F.S.; providing for
  104         Board of Governors regulations; repealing s.
  105         1004.3825, F.S., relating to authorization for a
  106         medical degree program; repealing s. 1004.387, F.S.,
  107         relating to authorization for a pharmacy degree
  108         program; repealing s. 1004.445(2), F.S., relating to
  109         the board of directors of the Johnnie B. Byrd, Sr.
  110         Alzheimer’s Center and Research Institute; repealing
  111         s. 1004.75, F.S., relating to training school
  112         consolidation pilot projects; amending s. 1004.935,
  113         F.S.; revising the effective date of the Adults with
  114         Disabilities Workforce Education Pilot Program;
  115         increasing the age limitation for a program
  116         participant; conforming cross-references; repealing s.
  117         1006.141, F.S., relating to a statewide school safety
  118         hotline; amending s. 1006.147, F.S.; deleting obsolete
  119         provisions relating to school district bullying and
  120         harassment policies; repealing s. 1006.148(2), F.S.,
  121         relating to a department-developed model dating
  122         violence and abuse policy; amending s. 1006.15, F.S.;
  123         conforming cross-references; amending s. 1006.28,
  124         F.S.; conforming provisions relating to instructional
  125         materials; amending s. 1006.31, F.S.; conforming
  126         provisions relating to duties of an instructional
  127         materials reviewer; amending s. 1006.34, F.S.;
  128         revising provisions relating to standards used in the
  129         selection of instructional materials; amending s.
  130         1006.40, F.S.; revising provisions relating to
  131         district school board purchase of instructional
  132         materials; amending s. 1006.42, F.S.; conforming
  133         provisions relating to the responsibility of parents
  134         for instructional materials; amending s. 1007.02,
  135         F.S.; deleting a popular name and providing
  136         applicability for the term “student with a
  137         disability”; amending s. 1007.2615, F.S.; deleting
  138         obsolete provisions relating to an American Sign
  139         Language task force; amending s. 1007.263, F.S.;
  140         conforming cross-references; amending ss. 1007.264 and
  141         1007.265, F.S.; conforming provisions; amending s.
  142         1007.271, F.S.; correcting cross-references; amending
  143         s. 1008.22, F.S.; conforming and revising provisions
  144         relating to the implementation of statewide,
  145         standardized comprehensive assessments, end-of-course
  146         assessments, and waivers for students with
  147         disabilities; requiring the commissioner to publish an
  148         implementation schedule for transition to new
  149         assessments; conforming provisions relating to
  150         concordant scores and comparative scores for
  151         assessments; amending s. 1008.25, F.S.; conforming
  152         assessment provisions for student progression;
  153         amending s. 1008.33, F.S.; deleting obsolete
  154         provisions relating to implementation of certain
  155         school turnaround options; repealing s. 1008.331,
  156         F.S., relating to supplemental educational services in
  157         Title I schools; amending s. 1008.3415, F.S.;
  158         correcting a cross-reference; repealing s. 1008.35,
  159         F.S., relating to best financial management practices
  160         for school districts; amending s. 1009.22, F.S.;
  161         deleting obsolete provisions relating to workforce
  162         education postsecondary student fees; amending s.
  163         1009.40, F.S.; conforming cross-references; amending
  164         s. 1009.531, F.S.; conforming cross-references;
  165         amending s. 1009.532, F.S.; correcting cross
  166         references; amending s. 1009.536, F.S.; correcting
  167         cross-references; repealing s. 1009.56, F.S., relating
  168         to the Seminole and Miccosukee Indian Scholarship
  169         Program; repealing s. 1009.69, F.S., relating to the
  170         Virgil Hawkins Fellows Assistance Program; amending s.
  171         1009.91, F.S.; conforming a cross-reference; amending
  172         s. 1009.94, F.S.; conforming a cross-reference;
  173         repealing part V of chapter 1009, F.S., relating to
  174         the Florida Higher Education Loan Authority; amending
  175         s. 1011.62, F.S.; deleting an obsolete provision;
  176         repealing s. 1011.71(3)(b) and (c), F.S., relating to
  177         expired authorization for certain millage levy;
  178         repealing s. 1011.76(4), F.S., relating to best
  179         financial management practices review under the Small
  180         School District Stabilization Program; amending s.
  181         1011.80, F.S.; correcting a cross-reference; amending
  182         s. 1012.05, F.S.; deleting department and commissioner
  183         duties relating to teacher recruitment and retention;
  184         amending s. 1012.22, F.S.; conforming provisions;
  185         repealing s. 1012.33(9), F.S., relating to obsolete
  186         provisions for payment of professional service
  187         contracts; amending s. 1012.34, F.S.; correcting
  188         cross-references relating to measuring student
  189         performance in personnel evaluations; amending s.
  190         1012.44, F.S.; deleting obsolete provisions; amending
  191         s. 1012.561, F.S.; deleting an obsolete provision;
  192         repealing s. 1012.595, F.S., relating to an obsolete
  193         saving clause for educator certificates; amending s.
  194         1012.885, F.S.; deleting certain provisions relating
  195         to remuneration of Florida College System institution
  196         presidents; amending s. 1012.975, F.S.; deleting
  197         certain provisions relating to remuneration of state
  198         university presidents; amending s. 1012.98, F.S.;
  199         requiring continuing education training for
  200         kindergarten teachers; amending s. 1013.35, F.S.;
  201         revising audit requirements for school district
  202         educational planning and construction activities;
  203         amending s. 1013.47, F.S.; deleting provisions
  204         relating to payment of wages of certain persons
  205         employed by contractors; repealing s. 1013.49, F.S.,
  206         relating to toxic substances in educational
  207         facilities; repealing s. 1013.512, F.S., relating to
  208         the Land Acquisition and Facilities Advisory Board;
  209         repealing s. 20 of chapter 2010-24, Laws of Florida,
  210         relating to Department of Revenue authorization to
  211         adopt emergency rules; providing an effective date.
  212          
  213  Be It Enacted by the Legislature of the State of Florida:
  214  
  215         Section 1. Paragraph (j) of subsection (7) of section
  216  11.45, Florida Statutes, is amended to read:
  217         11.45 Definitions; duties; authorities; reports; rules.—
  218         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  219         (j) The Auditor General shall notify the Legislative
  220  Auditing Committee of any financial or operational audit report
  221  prepared pursuant to this section which indicates that a
  222  district school board, state university, or Florida College
  223  System institution has failed to take full corrective action in
  224  response to a recommendation that was included in the two
  225  preceding financial or operational audit reports.
  226         1. The committee may direct the district school board or
  227  the governing body of the state university or Florida College
  228  System institution to provide a written statement to the
  229  committee explaining why full corrective action has not been
  230  taken or, if the governing body intends to take full corrective
  231  action, describing the corrective action to be taken and when it
  232  will occur.
  233         2. If the committee determines that the written statement
  234  is not sufficient, the committee may require the chair of the
  235  district school board or the chair of the governing body of the
  236  state university or Florida College System institution, or the
  237  chair’s designee, to appear before the committee.
  238         3. If the committee determines that the district school
  239  board, state university, or Florida College System institution
  240  has failed to take full corrective action for which there is no
  241  justifiable reason or has failed to comply with committee
  242  requests made pursuant to this section, the committee shall
  243  refer the matter to the State Board of Education or the Board of
  244  Governors, as appropriate, to proceed in accordance with s.
  245  1008.32 or s. 1008.322, respectively.
  246         Section 2. Subsection (5) is added to section 120.74,
  247  Florida Statutes, to read:
  248         120.74 Agency review, revision, and report.—
  249         (5) An educational unit as defined in s. 120.52(6) is
  250  exempt from this section.
  251         Section 3. Paragraph (c) of subsection (1) of section
  252  120.81, Florida Statutes, is amended to read:
  253         120.81 Exceptions and special requirements; general areas.—
  254         (1) EDUCATIONAL UNITS.—
  255         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  256  criteria, or testing procedures relating to student assessment
  257  which are developed or administered by the Department of
  258  Education pursuant to s. 1003.4282 1003.428, s. 1003.429, s.
  259  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
  260  educational tests required by law, are not rules.
  261         Section 4. Paragraph (a) of subsection (2) of section
  262  409.1451, Florida Statutes, is amended to read:
  263         409.1451 The Road-to-Independence Program.—
  264         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
  265         (a) A young adult is eligible for services and support
  266  under this subsection if he or she:
  267         1. Was living in licensed care on his or her 18th birthday
  268  or is currently living in licensed care; or was at least 16
  269  years of age and was adopted from foster care or placed with a
  270  court-approved dependency guardian after spending at least 6
  271  months in licensed care within the 12 months immediately
  272  preceding such placement or adoption;
  273         2. Spent at least 6 months in licensed care before reaching
  274  his or her 18th birthday;
  275         3. Earned a standard high school diploma pursuant to s.
  276  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
  277  pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, s. 1003.435,
  278  or a special diploma pursuant to s. 1003.438;
  279         4. Has been admitted for enrollment as a full-time student
  280  or its equivalent in an eligible postsecondary educational
  281  institution as provided in s. 1009.533. For purposes of this
  282  section, the term “full-time” means 9 credit hours or the
  283  vocational school equivalent. A student may enroll part-time if
  284  he or she has a recognized disability or is faced with another
  285  challenge or circumstance that would prevent full-time
  286  attendance. A student needing to enroll part-time for any reason
  287  other than having a recognized disability must get approval from
  288  his or her academic advisor;
  289         5. Has reached 18 years of age but is not yet 23 years of
  290  age;
  291         6. Has applied, with assistance from the young adult’s
  292  caregiver and the community-based lead agency, for any other
  293  grants and scholarships for which he or she may qualify;
  294         7. Submitted a Free Application for Federal Student Aid
  295  which is complete and error free; and
  296         8. Signed an agreement to allow the department and the
  297  community-based care lead agency access to school records.
  298         Section 5. Subsection (8) of section 496.404, Florida
  299  Statutes, is amended to read:
  300         496.404 Definitions.—As used in ss. 496.401-496.424:
  301         (8) “Educational institutions” means those institutions and
  302  organizations described in s. 212.08(7)(cc)8.a. The term
  303  includes private nonprofit organizations, the purpose of which
  304  is to raise funds for schools teaching grades kindergarten
  305  through grade 12, colleges, and universities, including a any
  306  nonprofit newspaper of free or paid circulation primarily on
  307  university or college campuses which holds a current exemption
  308  from federal income tax under s. 501(c)(3) of the Internal
  309  Revenue Code, an any educational television network or system
  310  established pursuant to s. 1001.25 or s. 1001.26, and a any
  311  nonprofit television or radio station that is a part of such
  312  network or system and that holds a current exemption from
  313  federal income tax under s. 501(c)(3) of the Internal Revenue
  314  Code. The term also includes a nonprofit educational cable
  315  consortium that holds a current exemption from federal income
  316  tax under s. 501(c)(3) of the Internal Revenue Code, whose
  317  primary purpose is the delivery of educational and instructional
  318  cable television programming and whose members are composed
  319  exclusively of educational organizations that hold a valid
  320  consumer certificate of exemption and that are either an
  321  educational institution as defined in this subsection or
  322  qualified as a nonprofit organization pursuant to s. 501(c)(3)
  323  of the Internal Revenue Code.
  324         Section 6. Paragraph (d) of subsection (1) of section
  325  775.215, Florida Statutes, is amended to read:
  326         775.215 Residency restriction for persons convicted of
  327  certain sex offenses.—
  328         (1) As used in this section, the term:
  329         (d) “School” has the same meaning as provided in s. 1003.01
  330  and includes a private school as defined in s. 1002.01, a
  331  voluntary prekindergarten education program as described in s.
  332  1002.53(3), a public school as described in s. 402.3025(1), the
  333  Florida School for the Deaf and the Blind, and the Florida
  334  Virtual School as established under s. 1002.37, and a K-8
  335  Virtual School as established under s. 1002.415, but does not
  336  include facilities dedicated exclusively to the education of
  337  adults.
  338         Section 7. Subsection (1) of section 984.151, Florida
  339  Statutes, is amended to read:
  340         984.151 Truancy petition; prosecution; disposition.—
  341         (1) If the school determines that a student subject to
  342  compulsory school attendance has had at least five unexcused
  343  absences, or absences for which the reasons are unknown, within
  344  a calendar month or 10 unexcused absences, or absences for which
  345  the reasons are unknown, within a 90-calendar-day period
  346  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
  347  absences in a 90-calendar-day period, the superintendent of
  348  schools or his or her designee may file a truancy petition.
  349         Section 8. Subsection (5) of section 1000.01, Florida
  350  Statutes, is repealed.
  351         Section 9. Subsection (7) of section 1000.21, Florida
  352  Statutes, is amended to read:
  353         1000.21 Systemwide definitions.—As used in the Florida K-20
  354  Education Code:
  355         (7) “Next Generation Sunshine State Standards” means the
  356  state’s public K-12 curricular standards, including common core
  357  standards in English Language Arts and mathematics, adopted
  358  under s. 1003.41.
  359         Section 10. Section 1000.33, Florida Statutes, is repealed.
  360         Section 11. Section 1000.37, Florida Statutes, is repealed.
  361         Section 12. Paragraphs (h) and (l) of subsection (6) of
  362  section 1001.10, Florida Statutes, are amended to read:
  363         1001.10 Commissioner of Education; general powers and
  364  duties.—
  365         (6) Additionally, the commissioner has the following
  366  general powers and duties:
  367         (h) To develop and implement a plan for cooperating with
  368  the Federal Government in carrying out any or all phases of the
  369  educational program and to recommend policies for administering
  370  funds that are appropriated by Congress and apportioned to the
  371  state for any or all educational purposes. The Commissioner of
  372  Education shall submit to the Legislature the proposed state
  373  plan for the reauthorization of the No Child Left Behind Act
  374  before the proposed plan is submitted to federal agencies. The
  375  President of the Senate and the Speaker of the House of
  376  Representatives shall appoint members of the appropriate
  377  education and appropriations committees to serve as a select
  378  committee to review the proposed plan.
  379         (k)(l) To prepare, publish, and disseminate maintain a
  380  Citizen Information Center responsible for the preparation,
  381  publication, and dissemination of user-friendly materials
  382  relating to the state’s education system, including the state’s
  383  K-12 scholarship programs and the Voluntary Prekindergarten
  384  Education Program.
  385         Section 13. Section 1001.25, Florida Statutes, is repealed.
  386         Section 14. Section 1001.26, Florida Statutes, is amended
  387  to read:
  388         1001.26 Public broadcasting program system.—
  389         (1) There is created a public broadcasting program system
  390  for the state. The department shall provide funds, as
  391  specifically appropriated in the General Appropriations Act, to
  392  educational television stations qualified by the Corporation for
  393  Public Broadcasting that are part of the public broadcasting
  394  program system administer this program system pursuant to rules
  395  adopted by the State Board of Education. This program system
  396  must complement and share resources with the instructional
  397  programming service of the Department of Education and
  398  educational UHF, VHF, EBS, and FM stations in the state. The
  399  program system must include:
  400         (a) Support for existing Corporation for Public
  401  Broadcasting qualified program system educational television
  402  stations and new stations meeting Corporation for Public
  403  Broadcasting qualifications and providing a first service to an
  404  audience that does not currently receive a broadcast signal or
  405  providing a significant new program service as defined by rule
  406  by the State Board of Education.
  407         (b) Maintenance of quality broadcast capability for
  408  educational stations that are part of the program system.
  409         (c) Interconnection of all educational stations that are
  410  part of the program system for simultaneous broadcast and of
  411  such stations with all universities and other institutions as
  412  necessary for sharing of resources and delivery of programming.
  413         (d) Establishment and maintenance of a capability for
  414  statewide program distribution with facilities and staff,
  415  provided such facilities and staff complement and strengthen
  416  existing or future educational television stations in accordance
  417  with paragraph (a) and s. 1001.25(2)(c).
  418         (e) Provision of both statewide programming funds and
  419  station programming support for educational television to meet
  420  statewide priorities. Priorities for station programming need
  421  not be the same as priorities for programming to be used
  422  statewide. Station programming may include, but shall not be
  423  limited to, citizens’ participation programs, music and fine
  424  arts programs, coverage of public hearings and governmental
  425  meetings, equal air time for political candidates, and other
  426  public interest programming.
  427         (2)(a) The Department of Education is responsible for
  428  implementing the provisions of this section pursuant to s.
  429  282.702 and may employ personnel, acquire equipment and
  430  facilities, and perform all duties necessary for carrying out
  431  the purposes and objectives of this section.
  432         (b) The department shall provide through educational
  433  television and other electronic media a means of extending
  434  educational services to all the state system of public
  435  education. The department shall recommend to the State Board of
  436  Education rules necessary to provide such services.
  437         (c) The department is authorized to provide equipment,
  438  funds, and other services to extend and update both the existing
  439  and the proposed educational television systems of tax-supported
  440  and nonprofit, corporate-owned facilities. All stations funded
  441  must be qualified by the Corporation for Public Broadcasting.
  442  New stations eligible for funding shall provide a first service
  443  to an audience that is not currently receiving a broadcast
  444  signal or provide a significant new program service as defined
  445  by State Board of Education rules. Funds appropriated to the
  446  department for educational television may be used by the
  447  department for educational television only.
  448         (3)(a) The facilities, plant, or personnel of an
  449  educational television station that is supported in whole or in
  450  part by state funds may not be used directly or indirectly for
  451  the promotion, advertisement, or advancement of a political
  452  candidate for a municipal, county, legislative, congressional,
  453  or state office. However, fair, open, and free discussion
  454  between political candidates for municipal, county, legislative,
  455  congressional, or state office may be permitted in order to help
  456  materially reduce the excessive cost of campaigns and to ensure
  457  that the state’s citizens are fully informed about issues and
  458  candidates in campaigns. This paragraph applies to the advocacy
  459  for, or opposition to, a specific existing or proposed program
  460  of governmental action, which includes, but is not limited to,
  461  constitutional amendments, tax referenda, and bond issues. This
  462  paragraph shall be implemented in accordance with rules of the
  463  State Board of Education.
  464         (b) A violation of a prohibition contained in this
  465  subsection is a misdemeanor of the second degree, punishable as
  466  provided in s. 775.082 or s. 775.083.
  467         Section 15. Section 1001.34, Florida Statutes, is amended
  468  to read:
  469         1001.34 Membership of district school board.—
  470         (1) Each district school board shall be composed of not
  471  less than five members. Each member of the district school board
  472  shall be a qualified elector of the district in which she or he
  473  serves, shall be a resident of the district school board member
  474  residence area from which she or he is elected, and shall
  475  maintain said residency throughout her or his term of office.
  476         (2) A district school board may modify the number of
  477  members on its board by adopting a resolution that establishes
  478  the total number of members on the board, which may not be less
  479  than five, and the number of members who shall be elected by
  480  residence areas or elected at large. The resolution must specify
  481  an orderly method and procedure for modifying the membership of
  482  the board, including staggering terms of additional members as
  483  necessary. If the resolution is adopted, the district school
  484  board shall submit to the electors for approval at a referendum
  485  held at the next primary or general election the question of
  486  whether the number of board members should be modified in
  487  accordance with the resolution adopted by the district school
  488  board. If the referendum is approved, election of additional
  489  school board members may occur at any primary, general, or
  490  otherwise-called special election.
  491         Section 16. Subsection (7) of section 1001.47, Florida
  492  Statutes, is repealed.
  493         Section 17. Subsection (6) of section 1001.50, Florida
  494  Statutes, is repealed.
  495         Section 18. Section 1001.62, Florida Statutes, is repealed.
  496         Section 19. Subsection (3) of section 1001.73, Florida
  497  Statutes, is repealed.
  498         Section 20. Subsections (8), (16), and (21) of section
  499  1002.20, Florida Statutes, are amended to read:
  500         1002.20 K-12 student and parent rights.—Parents of public
  501  school students must receive accurate and timely information
  502  regarding their child’s academic progress and must be informed
  503  of ways they can help their child to succeed in school. K-12
  504  students and their parents are afforded numerous statutory
  505  rights including, but not limited to, the following:
  506         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  507  students with disabilities and parents of public school students
  508  in residential care facilities are entitled to notice and due
  509  process in accordance with the provisions of ss. 1003.57 and
  510  1003.58. Public school students with disabilities must be
  511  provided the opportunity to meet the graduation requirements for
  512  a standard high school diploma as set forth in s. 1003.4282 in
  513  accordance with the provisions of ss. 1003.57 and 1008.22 s.
  514  1003.428(3). Pursuant to s. 1003.438, certain public school
  515  students with disabilities may be awarded a special diploma upon
  516  high school graduation.
  517         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  518  REPORTS.—Parents of public school students are entitled to an
  519  easy-to-read report card about the school’s grade designation
  520  or, if applicable under s. 1008.341, the school’s improvement
  521  rating, and the school’s school accountability report, including
  522  the school financial report as required under s. 1010.215, and
  523  school improvement rating of their child’s school in accordance
  524  with the provisions of ss. 1008.22, 1003.02(3), and 1010.215(5).
  525         (21) PARENTAL INPUT AND MEETINGS.—
  526         (a) Meetings with school district personnel.—Parents of
  527  public school students may be accompanied by another adult of
  528  their choice at a any meeting with school district personnel.
  529  School district personnel may not object to the attendance of
  530  such adult or discourage or attempt to discourage, through an
  531  any action, statement, or other means, the parents of students
  532  with disabilities from inviting another person of their choice
  533  to attend a any meeting. Such prohibited actions include, but
  534  are not limited to, attempted or actual coercion or harassment
  535  of parents or students or retaliation or threats of consequences
  536  to parents or students.
  537         1. Such meetings include, but are not limited to, meetings
  538  related to: the eligibility for exceptional student education or
  539  related services; the development of an individual family
  540  support plan (IFSP); the development of an individual education
  541  plan (IEP); the development of a 504 accommodation plan issued
  542  under s. 504 of the Rehabilitation Act of 1973; the transition
  543  of a student from early intervention services to other services;
  544  the development of postsecondary goals for a student with a
  545  disability and the transition services needed to reach those
  546  goals; and other issues that may affect the a student’s
  547  educational environment, discipline, or placement of a student
  548  with a disability.
  549         2. The parents and school district personnel attending the
  550  meeting shall sign a document at the meeting’s conclusion which
  551  states whether any school district personnel have prohibited,
  552  discouraged, or attempted to discourage the parents from
  553  inviting a person of their choice to the meeting.
  554         (b) School district best financial management practice
  555  reviews.—Public school students and their parents may provide
  556  input regarding their concerns about the operations and
  557  management of the school district both during and after the
  558  conduct of a school district best financial management practices
  559  review, in accordance with the provisions of s. 1008.35.
  560         (b)(c)District school board educational facilities
  561  programs.—Parents of public school students and other members of
  562  the public have the right to receive proper public notice and
  563  opportunity for public comment regarding the district school
  564  board’s educational facilities work program, in accordance with
  565  the provisions of s. 1013.35.
  566         Section 21. Subsections (2) through (8) of section 1002.31,
  567  Florida Statutes, are amended to read:
  568         1002.31 Controlled open enrollment; public school parental
  569  choice.—
  570         (2) Each district school board may offer controlled open
  571  enrollment within the public schools which is. The controlled
  572  open enrollment program shall be offered in addition to the
  573  existing choice programs such as virtual instruction programs,
  574  magnet schools, alternative schools, special programs, advanced
  575  placement, and dual enrollment.
  576         (3) Each district school board offering controlled open
  577  enrollment shall adopt by rule and post on its website develop a
  578  controlled open enrollment plan which must: describes the
  579  implementation of subsection (2).
  580         (a)(4) School districts shall Adhere to federal
  581  desegregation requirements. No controlled open enrollment plan
  582  that conflicts with federal desegregation orders shall be
  583  implemented.
  584         (5) Each school district shall develop a system of
  585  priorities for its plan that includes consideration of the
  586  following:
  587         (b)(a)Include an application process required to
  588  participate in the controlled open enrollment program.
  589         (b) A process that allows parents to declare school
  590  preferences, including.
  591         (c) A process that encourages placement of siblings within
  592  the same school.
  593         (c)(d)Provide a lottery procedure used by the school
  594  district to determine student assignment and establish.
  595         (e) an appeals process for hardship cases.
  596         (d) Afford parents of students in multiple session schools
  597  preferred access to controlled open enrollment.
  598         (e)(f)The procedures to Maintain socioeconomic,
  599  demographic, and racial balance.
  600         (f)(g)Address the availability of transportation.
  601         (h) A process that promotes strong parental involvement,
  602  including the designation of a parent liaison.
  603         (i) A strategy that establishes a clearinghouse of
  604  information designed to assist parents in making informed
  605  choices.
  606         (6) Plans shall be submitted to the Commissioner of
  607  Education. The Commissioner of Education shall develop an annual
  608  report on the status of school choice and deliver the report to
  609  the Governor, the President of the Senate, and the Speaker of
  610  the House of Representatives at least 90 days prior to the
  611  convening of the regular session of the Legislature.
  612         (7) Notwithstanding any provision of this section, a school
  613  district with schools operating on both multiple session
  614  schedules and single session schedules shall afford parents of
  615  students in multiple session schools preferred access to the
  616  controlled open enrollment program of the school district.
  617         (4)(8)In accordance with the reporting requirements of s.
  618  1011.62, each district school board shall annually report the
  619  number of students applying for and attending the various types
  620  of public schools of choice in the district, including schools
  621  such as virtual instruction programs, magnet schools, and public
  622  charter schools, according to rules adopted by the State Board
  623  of Education.
  624         Section 22. Subsection (5) of section 1002.3105, Florida
  625  Statutes, is amended to read:
  626         1002.3105 Academically Challenging Curriculum to Enhance
  627  Learning (ACCEL) options.—
  628         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  629  meets the applicable grade 9 cohort graduation requirements of
  630  s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5.,
  631  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  632  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  633  scale shall be awarded a standard high school diploma in a form
  634  prescribed by the State Board of Education.
  635         Section 23. Subsection (3) of section 1002.321, Florida
  636  Statutes, is amended to read:
  637         1002.321 Digital learning.—
  638         (3) DIGITAL PREPARATION.—As required under s. 1003.4282, a
  639  Each student entering grade 9 in the 2011-2012 school year and
  640  thereafter who seeks a high school diploma must take graduate
  641  from high school having taken at least one online course, as
  642  provided in s. 1003.428.
  643         Section 24. Paragraph (a) of subsection (6), paragraph (a)
  644  of subsection (7), and subsection (25) of section 1002.33,
  645  Florida Statutes, are amended to read:
  646         1002.33 Charter schools.—
  647         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  648  applications are subject to the following requirements:
  649         (a) A person or entity wishing to open a charter school
  650  shall prepare and submit an application on a model application
  651  form prepared by the Department of Education which:
  652         1. Demonstrates how the school will use the guiding
  653  principles and meet the statutorily defined purpose of a charter
  654  school.
  655         2. Provides a detailed curriculum plan that illustrates how
  656  students will be provided services to attain the Sunshine State
  657  Standards.
  658         3. Contains goals and objectives for improving student
  659  learning and measuring that improvement. These goals and
  660  objectives must indicate how much academic improvement students
  661  are expected to show each year, how success will be evaluated,
  662  and the specific results to be attained through instruction.
  663         4. Describes the reading curriculum and differentiated
  664  strategies that will be used for students reading at grade level
  665  or higher and a separate curriculum and strategies for students
  666  who are reading below grade level. A sponsor shall deny a
  667  charter if the school does not propose a reading curriculum that
  668  is consistent with effective teaching strategies that are
  669  grounded in scientifically based reading research.
  670         5. Contains an annual financial plan for each year
  671  requested by the charter for operation of the school for up to 5
  672  years. This plan must contain anticipated fund balances based on
  673  revenue projections, a spending plan based on projected revenues
  674  and expenses, and a description of controls that will safeguard
  675  finances and projected enrollment trends.
  676         6. Contains Documents that the applicant has participated
  677  in the training required in subparagraph (f)2. A sponsor may
  678  require an applicant to provide additional information a sponsor
  679  may require, which shall be attached as an addendum to the
  680  charter school application described in this paragraph.
  681         7. For the establishment of a virtual charter school,
  682  documents that the applicant has contracted with a provider of
  683  virtual instruction services pursuant to s. 1002.45(1)(d).
  684         (7) CHARTER.—The major issues involving the operation of a
  685  charter school shall be considered in advance and written into
  686  the charter. The charter shall be signed by the governing board
  687  of the charter school and the sponsor, following a public
  688  hearing to ensure community input.
  689         (a) The charter shall address and criteria for approval of
  690  the charter shall be based on:
  691         1. The school’s mission, the students to be served, and the
  692  ages and grades to be included.
  693         2. The focus of the curriculum, the instructional methods
  694  to be used, any distinctive instructional techniques to be
  695  employed, and identification and acquisition of appropriate
  696  technologies needed to improve educational and administrative
  697  performance which include a means for promoting safe, ethical,
  698  and appropriate uses of technology which comply with legal and
  699  professional standards.
  700         a. The charter shall ensure that reading is a primary focus
  701  of the curriculum and that resources are provided to identify
  702  and provide specialized instruction for students who are reading
  703  below grade level. The curriculum and instructional strategies
  704  for reading must be consistent with the Next Generation Sunshine
  705  State Standards and grounded in scientifically based reading
  706  research.
  707         b. In order to provide students with access to diverse
  708  instructional delivery models, to facilitate the integration of
  709  technology within traditional classroom instruction, and to
  710  provide students with the skills they need to compete in the
  711  21st century economy, the Legislature encourages instructional
  712  methods for blended learning courses consisting of both
  713  traditional classroom and online instructional techniques.
  714  Charter schools may implement blended learning courses which
  715  combine traditional classroom instruction and virtual
  716  instruction. Students in a blended learning course must be full
  717  time students of the charter school and receive the online
  718  instruction in a classroom setting at the charter school.
  719  Instructional personnel certified pursuant to s. 1012.55 who
  720  provide virtual instruction for blended learning courses may be
  721  employees of the charter school or may be under contract to
  722  provide instructional services to charter school students. At a
  723  minimum, such instructional personnel must hold an active state
  724  or school district adjunct certification under s. 1012.57 for
  725  the subject area of the blended learning course. The funding and
  726  performance accountability requirements for blended learning
  727  courses are the same as those for traditional courses.
  728         3. The current incoming baseline standard of student
  729  academic achievement, the outcomes to be achieved, and the
  730  method of measurement that will be used. The criteria listed in
  731  this subparagraph shall include a detailed description of:
  732         a. How the baseline student academic achievement levels and
  733  prior rates of academic progress will be established.
  734         b. How these baseline rates will be compared to rates of
  735  academic progress achieved by these same students while
  736  attending the charter school.
  737         c. To the extent possible, how these rates of progress will
  738  be evaluated and compared with rates of progress of other
  739  closely comparable student populations.
  740  
  741  The district school board is required to provide academic
  742  student performance data to charter schools for each of their
  743  students coming from the district school system, as well as
  744  rates of academic progress of comparable student populations in
  745  the district school system.
  746         4. The methods used to identify the educational strengths
  747  and needs of students and how well educational goals and
  748  performance standards are met by students attending the charter
  749  school. The methods shall provide a means for the charter school
  750  to ensure accountability to its constituents by analyzing
  751  student performance data and by evaluating the effectiveness and
  752  efficiency of its major educational programs. Students in
  753  charter schools shall, at a minimum, participate in the
  754  statewide assessment program created under s. 1008.22.
  755         5. In secondary charter schools, a method for determining
  756  that a student has satisfied the requirements for graduation in
  757  s. 1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282.
  758         6. A method for resolving conflicts between the governing
  759  board of the charter school and the sponsor.
  760         7. The admissions procedures and dismissal procedures,
  761  including the school’s code of student conduct.
  762         8. The ways by which the school will achieve a
  763  racial/ethnic balance reflective of the community it serves or
  764  within the racial/ethnic range of other public schools in the
  765  same school district.
  766         9. The financial and administrative management of the
  767  school, including a reasonable demonstration of the professional
  768  experience or competence of those individuals or organizations
  769  applying to operate the charter school or those hired or
  770  retained to perform such professional services and the
  771  description of clearly delineated responsibilities and the
  772  policies and practices needed to effectively manage the charter
  773  school. A description of internal audit procedures and
  774  establishment of controls to ensure that financial resources are
  775  properly managed must be included. Both public sector and
  776  private sector professional experience shall be equally valid in
  777  such a consideration.
  778         10. The asset and liability projections required in the
  779  application which are incorporated into the charter and shall be
  780  compared with information provided in the annual report of the
  781  charter school.
  782         11. A description of procedures that identify various risks
  783  and provide for a comprehensive approach to reduce the impact of
  784  losses; plans to ensure the safety and security of students and
  785  staff; plans to identify, minimize, and protect others from
  786  violent or disruptive student behavior; and the manner in which
  787  the school will be insured, including whether or not the school
  788  will be required to have liability insurance, and, if so, the
  789  terms and conditions thereof and the amounts of coverage.
  790         12. The term of the charter which shall provide for
  791  cancellation of the charter if insufficient progress has been
  792  made in attaining the student achievement objectives of the
  793  charter and if it is not likely that such objectives can be
  794  achieved before expiration of the charter. The initial term of a
  795  charter shall be for 4 or 5 years. In order to facilitate access
  796  to long-term financial resources for charter school
  797  construction, charter schools that are operated by a
  798  municipality or other public entity as provided by law are
  799  eligible for up to a 15-year charter, subject to approval by the
  800  district school board. A charter lab school is eligible for a
  801  charter for a term of up to 15 years. In addition, to facilitate
  802  access to long-term financial resources for charter school
  803  construction, charter schools that are operated by a private,
  804  not-for-profit, s. 501(c)(3) status corporation are eligible for
  805  up to a 15-year charter, subject to approval by the district
  806  school board. Such long-term charters remain subject to annual
  807  review and may be terminated during the term of the charter, but
  808  only according to the provisions set forth in subsection (8).
  809         13. The facilities to be used and their location. The
  810  sponsor may not require a charter school to have a certificate
  811  of occupancy or a temporary certificate of occupancy for such a
  812  facility earlier than 15 calendar days before the first day of
  813  school.
  814         14. The qualifications to be required of the teachers and
  815  the potential strategies used to recruit, hire, train, and
  816  retain qualified staff to achieve best value.
  817         15. The governance structure of the school, including the
  818  status of the charter school as a public or private employer as
  819  required in paragraph (12)(i).
  820         16. A timetable for implementing the charter which
  821  addresses the implementation of each element thereof and the
  822  date by which the charter shall be awarded in order to meet this
  823  timetable.
  824         17. In the case of an existing public school that is being
  825  converted to charter status, alternative arrangements for
  826  current students who choose not to attend the charter school and
  827  for current teachers who choose not to teach in the charter
  828  school after conversion in accordance with the existing
  829  collective bargaining agreement or district school board rule in
  830  the absence of a collective bargaining agreement. However,
  831  alternative arrangements shall not be required for current
  832  teachers who choose not to teach in a charter lab school, except
  833  as authorized by the employment policies of the state university
  834  which grants the charter to the lab school.
  835         18. Full disclosure of the identity of all relatives
  836  employed by the charter school who are related to the charter
  837  school owner, president, chairperson of the governing board of
  838  directors, superintendent, governing board member, principal,
  839  assistant principal, or any other person employed by the charter
  840  school who has equivalent decisionmaking authority. For the
  841  purpose of this subparagraph, the term “relative” means father,
  842  mother, son, daughter, brother, sister, uncle, aunt, first
  843  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  844  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  845  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  846  stepsister, half brother, or half sister.
  847         19. Implementation of the activities authorized under s.
  848  1002.331 by the charter school when it satisfies the eligibility
  849  requirements for a high-performing charter school. A high
  850  performing charter school shall notify its sponsor in writing by
  851  March 1 if it intends to increase enrollment or expand grade
  852  levels the following school year. The written notice shall
  853  specify the amount of the enrollment increase and the grade
  854  levels that will be added, as applicable.
  855         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  856  SCHOOL SYSTEMS.—A charter school system’s governing board system
  857  shall be designated a local educational agency for the purpose
  858  of receiving federal funds, the same as though the charter
  859  school system were a school district, if the governing board of
  860  the charter school system has adopted and filed a resolution
  861  with its sponsoring district school board and the Department of
  862  Education in which the governing board of the charter school
  863  system accepts the full responsibility for all local education
  864  agency requirements and the charter school system meets all of
  865  the following:
  866         (a) Includes both conversion charter schools and
  867  nonconversion charter schools;
  868         (b) Has all schools located in the same county;
  869         (c) Has a total enrollment exceeding the total enrollment
  870  of at least one school district in the state;
  871         (d) Has the same governing board; and
  872         (e) Does not contract with a for-profit service provider
  873  for management of school operations.
  874  
  875  Such designation does not apply to other provisions unless
  876  specifically provided in law.
  877         Section 25. Paragraph (g) of subsection (4) and paragraph
  878  (d) of subsection (6) of section 1002.34, Florida Statutes, are
  879  amended to read:
  880         1002.34 Charter technical career centers.—
  881         (4) CHARTER.—A sponsor may designate centers as provided in
  882  this section. An application to establish a center may be
  883  submitted by a sponsor or another organization that is
  884  determined, by rule of the State Board of Education, to be
  885  appropriate. However, an independent school is not eligible for
  886  status as a center. The charter must be signed by the governing
  887  body of the center and the sponsor and must be approved by the
  888  district school board and Florida College System institution
  889  board of trustees in whose geographic region the facility is
  890  located. If a charter technical career center is established by
  891  the conversion to charter status of a public technical center
  892  formerly governed by a district school board, the charter status
  893  of that center takes precedence in any question of governance.
  894  The governance of the center or of any program within the center
  895  remains with its board of directors unless the board agrees to a
  896  change in governance or its charter is revoked as provided in
  897  subsection (15). Such a conversion charter technical career
  898  center is not affected by a change in the governance of public
  899  technical centers or of programs within other centers that are
  900  or have been governed by district school boards. A charter
  901  technical career center, or any program within such a center,
  902  that was governed by a district school board and transferred to
  903  a Florida College System institution prior to the effective date
  904  of this act is not affected by this provision. An applicant who
  905  wishes to establish a center must submit to the district school
  906  board or Florida College System institution board of trustees,
  907  or a consortium of one or more of each, an application on a form
  908  developed by the Department of Education which includes:
  909         (g) A method for determining whether a student has
  910  satisfied the requirements for graduation specified in s.
  911  1002.3105(5), s. 1003.4281, or s. 1003.4282 1003.428 or s.
  912  1003.429 and for completion of a postsecondary certificate or
  913  degree.
  914  
  915  Students at a center must meet the same testing and academic
  916  performance standards as those established by law and rule for
  917  students at public schools and public technical centers. The
  918  students must also meet any additional assessment indicators
  919  that are included within the charter approved by the district
  920  school board or Florida College System institution board of
  921  trustees.
  922         (6) SPONSOR.—A district school board or Florida College
  923  System institution board of trustees or a consortium of one or
  924  more of each may sponsor a center in the county in which the
  925  board has jurisdiction.
  926         (d)1. The Department of Education shall offer or arrange
  927  for training and technical assistance to centers which must
  928  include applicants in developing and amending business plans,
  929  and estimating and accounting for costs and income, complying
  930  with state and federal grant and student performance
  931  accountability reporting requirements, implementing good
  932  business practices. This assistance shall address estimating
  933  startup costs, projecting enrollment, and identifying the types
  934  and amounts of state and federal financial aid assistance the
  935  center may be eligible to receive. The training shall include
  936  instruction in accurate financial planning and good business
  937  practices.
  938         2. An applicant must participate in the training provided
  939  by the department after approval of its of Education before
  940  filing an application but at least 30 days before the first day
  941  of classes at the center. The department of Education may
  942  provide technical assistance to an applicant upon written
  943  request.
  944         Section 26. Paragraphs (a) and (b) of subsection (1) and
  945  subsection (3) of section 1002.345, Florida Statutes, are
  946  amended to read:
  947         1002.345 Determination of deteriorating financial
  948  conditions and financial emergencies for charter schools and
  949  charter technical career centers.—This section applies to
  950  charter schools operating pursuant to s. 1002.33 and to charter
  951  technical career centers operating pursuant to s. 1002.34.
  952         (1) EXPEDITED REVIEW; REQUIREMENTS.—
  953         (a) A charter school or a charter technical career center
  954  is subject to an expedited review by the sponsor if one of the
  955  following occurs:
  956         1. Failure to provide for an audit required by s. 218.39.
  957         2. Failure to comply with reporting requirements pursuant
  958  to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
  959         3. A deteriorating financial condition identified through
  960  an annual audit pursuant to s. 218.39(5), or a monthly financial
  961  statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or
  962  a quarterly financial statement pursuant to s. 1002.331(2)(c).
  963  “Deteriorating financial condition” means a circumstance that
  964  significantly impairs the ability of a charter school or a
  965  charter technical career center to generate enough revenues to
  966  meet its expenditures without causing the occurrence of a
  967  condition described in s. 218.503(1).
  968         4. Notification pursuant to s. 218.503(2) that one or more
  969  of the conditions specified in s. 218.503(1) have occurred or
  970  will occur if action is not taken to assist the charter school
  971  or charter technical career center.
  972         (b) A sponsor shall notify the governing board and the
  973  Commissioner of Education within 7 business days after one or
  974  more of the conditions specified in paragraph (a) occur.
  975         (3) REPORT.—The Commissioner of Education shall annually
  976  report to the State Board of Education each charter school and
  977  charter technical career center that is subject to a financial
  978  recovery plan or a corrective action plan under this section.
  979         Section 27. Paragraph (a) of subsection (2) of section
  980  1002.39, Florida Statutes, is amended to read:
  981         1002.39 The John M. McKay Scholarships for Students with
  982  Disabilities Program.—There is established a program that is
  983  separate and distinct from the Opportunity Scholarship Program
  984  and is named the John M. McKay Scholarships for Students with
  985  Disabilities Program.
  986         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  987  student with a disability may request and receive from the state
  988  a John M. McKay Scholarship for the child to enroll in and
  989  attend a private school in accordance with this section if:
  990         (a) The student has:
  991         1. Received specialized instructional services under the
  992  Voluntary Prekindergarten Education Program pursuant to s.
  993  1002.66 during the previous school year and the student has a
  994  current individual educational plan developed by the local
  995  school board in accordance with rules of the State Board of
  996  Education for the John M. McKay Scholarships for Students with
  997  Disabilities Program or a 504 accommodation plan has been issued
  998  under s. 504 of the Rehabilitation Act of 1973; or
  999         2. Spent the prior school year in attendance at a Florida
 1000  public school or the Florida School for the Deaf and the Blind.
 1001  For purposes of this subparagraph, prior school year in
 1002  attendance means that the student was enrolled and reported by:
 1003         a. A school district for funding during the preceding
 1004  October and February Florida Education Finance Program surveys
 1005  in kindergarten through grade 12, which includes time spent in a
 1006  Department of Juvenile Justice commitment program if funded
 1007  under the Florida Education Finance Program;
 1008         b.  The Florida School for the Deaf and the Blind during
 1009  the preceding October and February student membership surveys in
 1010  kindergarten through grade 12; or
 1011         c.  A school district for funding during the preceding
 1012  October and February Florida Education Finance Program surveys,
 1013  was at least 4 years of age when so enrolled and reported, and
 1014  was eligible for services under s. 1003.21(1)(e); or
 1015         3. Been enrolled and reported by a school district for
 1016  funding, during the October and February Florida Education
 1017  Finance Program surveys, in any of the 5 years prior to the
 1018  2010-2011 fiscal year; has a current individualized educational
 1019  plan developed by the district school board in accordance with
 1020  rules of the State Board of Education for the John M. McKay
 1021  Scholarship Program no later than June 30, 2011; and receives a
 1022  first-time John M. McKay scholarship for the 2011-2012 school
 1023  year. Upon request of the parent, the local school district
 1024  shall complete a matrix of services as required in subparagraph
 1025  (5)(b)1. for a student requesting a current individualized
 1026  educational plan in accordance with the provisions of this
 1027  subparagraph.
 1028  
 1029  However, a dependent child of a member of the United States
 1030  Armed Forces who transfers to a school in this state from out of
 1031  state or from a foreign country due to a parent’s permanent
 1032  change of station orders is exempt from this paragraph but must
 1033  meet all other eligibility requirements to participate in the
 1034  program.
 1035         Section 28. Subsection (5) of section 1002.41, Florida
 1036  Statutes, is amended to read:
 1037         1002.41 Home education programs.—
 1038         (5) Home education students may participate in the Bright
 1039  Futures Scholarship Program in accordance with the provisions of
 1040  ss. 1009.53-1009.538 1009.53-1009.539.
 1041         Section 29. Section 1002.415, Florida Statutes, is
 1042  repealed.
 1043         Section 30. Paragraph (b) of subsection (4) and subsection
 1044  (10) of section 1002.45, Florida Statutes, are amended to read:
 1045         1002.45 Virtual instruction programs.—
 1046         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
 1047  provider must at minimum:
 1048         (b) Provide a method for determining that a student has
 1049  satisfied the requirements for graduation in s. 1002.3105(5), s.
 1050  1003.4281, 1003.428 or s. 1003.4282 if the contract is for the
 1051  provision of a full-time virtual instruction program to students
 1052  in grades 9 through 12.
 1053         (10) MARKETING.—Each school district shall provide
 1054  information to parents and students about the parent’s and
 1055  student’s right to participate in a virtual instruction program
 1056  under this section and in courses offered by the Florida Virtual
 1057  School under s. 1002.37.
 1058         Section 31. Paragraph (c) of subsection (2) of section
 1059  1002.455, Florida Statutes, is amended to read:
 1060         1002.455 Student eligibility for K-12 virtual instruction.—
 1061         (2) A student is eligible to participate in virtual
 1062  instruction if:
 1063         (c) The student was enrolled during the prior school year
 1064  in a virtual instruction program under s. 1002.45, the K-8
 1065  Virtual School Program under s. 1002.415, or a full-time Florida
 1066  Virtual School program under s. 1002.37(8)(a);
 1067         Section 32. Section 1002.65, Florida Statutes, is repealed.
 1068         Section 33. Subsection (14) of section 1003.01, Florida
 1069  Statutes, is amended to read:
 1070         1003.01 Definitions.—As used in this chapter, the term:
 1071         (14) “Core-curricula courses” means:
 1072         (a) Courses in language arts/reading, mathematics, social
 1073  studies, and science in prekindergarten through grade 3,
 1074  excluding any extracurricular courses pursuant to subsection
 1075  (15);
 1076         (b) Courses in grades 4 through 8 in subjects that are
 1077  measured by state assessment at any grade level and courses
 1078  required for middle school promotion, excluding any
 1079  extracurricular courses pursuant to subsection (15);
 1080         (c) Courses in grades 9 through 12 in subjects that are
 1081  measured by state assessment at any grade level and courses that
 1082  are specifically identified by name in statute as required for
 1083  high school graduation and that are not measured by state
 1084  assessment, excluding any extracurricular courses pursuant to
 1085  subsection (15);
 1086         (d) Exceptional student education courses; and
 1087         (e) English for Speakers of Other Languages courses.
 1088  
 1089  The term is limited in meaning and used for the sole purpose of
 1090  designating classes that are subject to the maximum class size
 1091  requirements established in s. 1, Art. IX of the State
 1092  Constitution. This term does not include courses offered under
 1093  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415,
 1094  1002.45, and 1003.499.
 1095         Section 34. Paragraph (d) of subsection (1) of section
 1096  1003.02, Florida Statutes, is amended to read:
 1097         1003.02 District school board operation and control of
 1098  public K-12 education within the school district.—As provided in
 1099  part II of chapter 1001, district school boards are
 1100  constitutionally and statutorily charged with the operation and
 1101  control of public K-12 education within their school district.
 1102  The district school boards must establish, organize, and operate
 1103  their public K-12 schools and educational programs, employees,
 1104  and facilities. Their responsibilities include staff
 1105  development, public K-12 school student education including
 1106  education for exceptional students and students in juvenile
 1107  justice programs, special programs, adult education programs,
 1108  and career education programs. Additionally, district school
 1109  boards must:
 1110         (1) Provide for the proper accounting for all students of
 1111  school age, for the attendance and control of students at
 1112  school, and for proper attention to health, safety, and other
 1113  matters relating to the welfare of students in the following
 1114  fields:
 1115         (d) Courses of study and instructional materials.—
 1116         1. Provide adequate instructional materials for all
 1117  students as follows and in accordance with the requirements of
 1118  chapter 1006, in the core courses of mathematics, language arts,
 1119  social studies, science, reading, and literature, except for
 1120  instruction for which the school advisory council approves the
 1121  use of a program that does not include a textbook as a major
 1122  tool of instruction.
 1123         2. Adopt courses of study for use in the schools of the
 1124  district.
 1125         3. Provide for proper requisitioning, distribution,
 1126  accounting, storage, care, and use of all instructional
 1127  materials as may be needed, and ensure that instructional
 1128  materials used in the district are consistent with the district
 1129  goals and objectives and the course descriptions curriculum
 1130  frameworks approved by the State Board of Education, as well as
 1131  with the state and school district performance standards
 1132  required by law and state board rule.
 1133         Section 35. Paragraph (c) of subsection (3) and subsection
 1134  (6) of section 1003.03, Florida Statutes, are amended to read:
 1135         1003.03 Maximum class size.—
 1136         (3) IMPLEMENTATION OPTIONS.—District school boards must
 1137  consider, but are not limited to, implementing the following
 1138  items in order to meet the constitutional class size maximums
 1139  described in subsection (1):
 1140         (c)1. Repeal district school board policies that require
 1141  students to earn more than the 24 credits required under s.
 1142  1003.428 to graduate from high school.
 1143         2. Implement the early graduation options option provided
 1144  in ss. 1002.3105(5) and s. 1003.4281.
 1145         (6) COURSES FOR COMPLIANCE.—Consistent with s. the
 1146  provisions in ss. 1003.01(14) and 1003.428, the Department of
 1147  Education shall identify from the Course Code Directory the
 1148  core-curricula courses for the purpose of satisfying the maximum
 1149  class size requirement in this section. The department may adopt
 1150  rules to implement this subsection, if necessary.
 1151         Section 36. Subsection (3) of section 1003.41, Florida
 1152  Statutes, is amended to read:
 1153         1003.41 Next Generation Sunshine State Standards.—
 1154         (3) The Commissioner of Education, as needed, shall develop
 1155  and submit proposed revisions to the standards for review and
 1156  comment by Florida educators, school administrators,
 1157  representatives of the Florida College System institutions and
 1158  state universities who have expertise in the content knowledge
 1159  and skills necessary to prepare a student for postsecondary
 1160  education and careers, business and industry leaders, and the
 1161  public. The commissioner, after considering reviews and
 1162  comments, shall submit the proposed revisions to the State Board
 1163  of Education for adoption. In addition, the commissioner shall
 1164  prepare an analysis of the costs associated with implementing a
 1165  separate, one-half credit course in financial literacy,
 1166  including estimated costs for instructional personnel, training,
 1167  and the development or purchase of instructional materials. The
 1168  commissioner shall work with one or more nonprofit organizations
 1169  with proven expertise in the area of personal finance, consider
 1170  free resources that can be utilized for instructional materials,
 1171  and provide data on the implementation of such a course in other
 1172  states. The commissioner shall provide the cost analysis to the
 1173  President of the Senate and the Speaker of the House of
 1174  Representatives by October 1, 2013.
 1175         Section 37. Paragraphs (b) and (c) of subsection (1) and
 1176  subsections (2) and (3) of section 1003.4156, Florida Statutes,
 1177  are amended to read:
 1178         1003.4156 General requirements for middle grades
 1179  promotion.—
 1180         (1) In order for a student to be promoted to high school
 1181  from a school that includes middle grades 6, 7, and 8, the
 1182  student must successfully complete the following courses:
 1183         (b) Three middle grades or higher courses in mathematics.
 1184  Each school that includes middle grades must offer at least one
 1185  high school level mathematics course for which students may earn
 1186  high school credit. Successful completion of a high school level
 1187  Algebra I or Geometry course is not contingent upon the
 1188  student’s performance on the statewide, standardized end-of
 1189  course (EOC) assessment or, upon transition to common core
 1190  assessments, the common core Algebra I or geometry assessments
 1191  required under s. 1008.22. However, beginning with the 2011-2012
 1192  school year, To earn high school credit for Algebra I, a middle
 1193  grades student must take the statewide, standardized Algebra I
 1194  EOC assessment and pass the course, and in addition, beginning
 1195  with the 2013-2014 school year and thereafter, a student’s
 1196  performance on the Algebra I EOC assessment constitutes 30
 1197  percent of the student’s final course grade. pass the Algebra I
 1198  statewide, standardized assessment, and beginning with the 2012
 1199  2013 school year, To earn high school credit for a Geometry
 1200  course, a middle grades student must take the statewide,
 1201  standardized Geometry EOC assessment, which constitutes 30
 1202  percent of the student’s final course grade, and earn a passing
 1203  grade in the course.
 1204         (c) Three middle grades or higher courses in social
 1205  studies. Beginning with students entering grade 6 in the 2012
 1206  2013 school year, one of these courses must be at least a one
 1207  semester civics education course that includes the roles and
 1208  responsibilities of federal, state, and local governments; the
 1209  structures and functions of the legislative, executive, and
 1210  judicial branches of government; and the meaning and
 1211  significance of historic documents, such as the Articles of
 1212  Confederation, the Declaration of Independence, and the
 1213  Constitution of the United States. Beginning with the 2013-2014
 1214  school year, each student’s performance on the statewide,
 1215  standardized EOC assessment in civics education required under
 1216  s. 1008.22 constitutes 30 percent of the student’s final course
 1217  grade. A middle grades student who transfers into the state’s
 1218  public school system from out of country, out of state, a
 1219  private school, or a home education program after the beginning
 1220  of the second term of grade 8 is not required to meet the civics
 1221  education requirement for promotion from the middle grades if
 1222  the student’s transcript documents passage of three courses in
 1223  social studies or two year-long courses in social studies that
 1224  include coverage of civics education.
 1225  
 1226  Each school must inform parents about the course curriculum and
 1227  activities. Each student shall complete a personal education
 1228  plan that must be signed by the student and the student’s
 1229  parent. The Department of Education shall develop course
 1230  frameworks and professional development materials for the career
 1231  and education planning course. The course may be implemented as
 1232  a stand-alone course or integrated into another course or
 1233  courses. The Commissioner of Education shall collect
 1234  longitudinal high school course enrollment data by student
 1235  ethnicity in order to analyze course-taking patterns.
 1236         (2) If a middle grades student scores Level l or Level 2 on
 1237  the statewide, standardized FCAT Reading assessment or, when
 1238  implemented, the state transitions to common core assessments on
 1239  the English Language Arts (ELA) assessment assessments required
 1240  under s. 1008.22, the following year the student must enroll in
 1241  and complete a remedial course or a content area course in which
 1242  remediation strategies are incorporated into course content
 1243  delivery. The department shall provide guidance on appropriate
 1244  strategies for diagnosing and meeting the varying instructional
 1245  needs of students performing below grade level.
 1246         (3) If a middle grades student scores Level 1 or Level 2 on
 1247  the statewide, standardized FCAT Mathematics assessment or, when
 1248  the state transitions to common core assessments, on the
 1249  mathematics common core assessments required under s. 1008.22,
 1250  the following year the student must receive remediation, which
 1251  may be integrated into the student’s required mathematics
 1252  courses.
 1253         Section 38. Section 1003.428, Florida Statutes, is
 1254  repealed.
 1255         Section 39. Subsection (1) of section 1003.4281, Florida
 1256  Statutes, is amended to read:
 1257         1003.4281 Early high school graduation.—
 1258         (1) The purpose of this section is to provide a student the
 1259  option of early graduation and receipt of a standard high school
 1260  diploma if the student earns 24 credits and meets the graduation
 1261  requirements set forth in s. 1003.428 or s. 1003.4282, as
 1262  applicable. For purposes of this section, the term “early
 1263  graduation” means graduation from high school in less than 8
 1264  semesters or the equivalent.
 1265         Section 40. Paragraphs (a), (b), (c), and (f) of subsection
 1266  (3), subsections (4), (5), (7), and (8), and paragraphs (a) and
 1267  (c) of subsection (9) of section 1003.4282, Florida Statutes,
 1268  are amended, subsection (10) is renumbered as subsection (11),
 1269  and a new subsection (10) is added to that section, to read:
 1270         1003.4282 Requirements for a standard high school diploma.—
 1271         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
 1272  REQUIREMENTS.—
 1273         (a) Four credits in English Language Arts (ELA).—The four
 1274  credits must be in ELA I, II, III, and IV. A student must pass
 1275  the statewide, standardized 10th grade 10 FCAT Reading
 1276  assessment or, when implemented, the until the state transitions
 1277  to a common core 10th grade 10 ELA assessment, or earn a
 1278  concordant score, after which time a student must pass the ELA
 1279  assessment in order to earn a standard high school diploma.
 1280         (b) Four credits in mathematics.—A student must earn one
 1281  credit in Algebra I and one credit in Geometry. A student’s
 1282  performance on the statewide, standardized Algebra I end-of
 1283  course (EOC) assessment or common core assessment, as
 1284  applicable, constitutes 30 percent of the student’s final course
 1285  grade. A student must pass the statewide, standardized Algebra I
 1286  EOC assessment, or earn a comparative score, until the state
 1287  transitions to a common core Algebra I assessment after which
 1288  time a student must pass the common core assessment in order to
 1289  earn a standard high school diploma. A student’s performance on
 1290  the statewide, standardized Geometry EOC assessment or common
 1291  core assessment, as applicable, constitutes 30 percent of the
 1292  student’s final course grade. If When the state administers a
 1293  statewide, standardized common core Algebra II assessment, a
 1294  student selecting Algebra II must take the assessment, and the
 1295  student’s performance on the assessment constitutes 30 percent
 1296  of the student’s final course grade. A student who earns an
 1297  industry certification for which there is a statewide college
 1298  credit articulation agreement approved by the State Board of
 1299  Education may substitute the certification for one mathematics
 1300  credit. Substitution may occur for up to two mathematics
 1301  credits, except for Algebra I and Geometry. Industry
 1302  certification courses that lead to college credit may substitute
 1303  for up to two math credits.
 1304         (c) Three credits in science.—Two of the three required
 1305  credits must have a laboratory component. A student must earn
 1306  one credit in Biology I and two credits in equally rigorous
 1307  courses. The statewide, standardized Biology I EOC assessment
 1308  constitutes 30 percent of the student’s final course grade. A
 1309  student who earns an industry certification for which there is a
 1310  statewide college credit articulation agreement approved by the
 1311  State Board of Education may substitute the certification for
 1312  one science credit, except for Biology I. Industry certification
 1313  courses that lead to college credit may substitute for up to one
 1314  science credit.
 1315         (f) One credit in physical education.—Physical education
 1316  must include the integration of health. Participation in an
 1317  interscholastic sport at the junior varsity or varsity level for
 1318  two full seasons shall satisfy the one-credit requirement in
 1319  physical education if the student passes a competency test on
 1320  personal fitness with a score of “C” or better. The competency
 1321  test on personal fitness developed by the Department of
 1322  Education must be used. A district school board may not require
 1323  that the one credit in physical education be taken during the
 1324  9th grade year. Completion of one semester with a grade of “C”
 1325  or better in a marching band class, in a physical activity class
 1326  that requires participation in marching band activities as an
 1327  extracurricular activity, or in a dance class shall satisfy one
 1328  half credit in physical education or one-half credit in
 1329  performing arts. This credit may not be used to satisfy the
 1330  personal fitness requirement or the requirement for adaptive
 1331  physical education under an individual education plan (IEP) or
 1332  504 plan. Completion of 2 years in a Reserve Officer Training
 1333  Corps (R.O.T.C.) class, a significant component of which is
 1334  drills, shall satisfy the one–credit requirement in physical
 1335  education and the one-credit requirement in performing arts.
 1336  This credit may not be used to satisfy the personal fitness
 1337  requirement or the requirement for adaptive physical education
 1338  under an IEP or 504 plan. This requirement is subject to all of
 1339  the provisions in s. 1003.428(2)(a)6.
 1340         (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education
 1341  course, At least one course within the 24 credits required under
 1342  this section must be completed through online learning.
 1343  Beginning with students entering grade 9 in the 2013-2014 school
 1344  year, the required online course may not be a driver education
 1345  course. A school district may not require a student to take the
 1346  online course outside the school day or in addition to a
 1347  student’s courses for a given semester. An online course taken
 1348  in grade 6, grade 7, or grade 8 fulfills this requirement. This
 1349  requirement is met through an online course offered by the
 1350  Florida Virtual School, a virtual education provider approved by
 1351  the State Board of Education, a high school, or an online dual
 1352  enrollment course. A student who is enrolled in a full-time or
 1353  part-time virtual instruction program under s. 1002.45 meets
 1354  this requirement. This requirement does not apply to a student
 1355  who has an individual education plan under s. 1003.57 which
 1356  indicates that an online course would be inappropriate or to an
 1357  out-of-state transfer student who is enrolled in a Florida high
 1358  school and has 1 academic year or less remaining in high school.
 1359         (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
 1360         (a) Each year a student scores Level 1 or Level 2 on the
 1361  statewide, standardized 9th grade 9 or 10th grade 10 FCAT
 1362  Reading assessment or, when implemented, the 9th grade 9, 10th
 1363  grade 10, or 11th grade 11 ELA assessment common core English
 1364  Language Arts (ELA) assessments, the student must be enrolled in
 1365  and complete an intensive remedial course the following year or
 1366  be placed in a content area course that includes remediation of
 1367  skills not acquired by the student.
 1368         (b) Each year a student scores Level 1 or Level 2 on the
 1369  statewide, standardized Algebra I EOC assessment, or upon
 1370  transition to the common core Algebra I assessment, the student
 1371  must be enrolled in and complete an intensive remedial course
 1372  the following year or be placed in a content area course that
 1373  includes remediation of skills not acquired by the student.
 1374         (7) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—
 1375         (a) A student who earns a cumulative grade point average
 1376  (GPA) of 2.0 on a 4.0 scale and meets the requirements of this
 1377  section or s. 1002.3105(5) shall be awarded a standard high
 1378  school diploma in a form prescribed by the State Board of
 1379  Education.
 1380         (b) An adult student in an adult general education program
 1381  as provided under s. 1004.93 shall be awarded a standard high
 1382  school diploma if the student meets the requirements of this
 1383  section or s. 1002.3105(5), except that:
 1384         1. One elective credit may be substituted for the one
 1385  credit requirement in fine or performing arts, speech and
 1386  debate, or practical arts.
 1387         2. The requirement that two of the science credits include
 1388  a laboratory component may be waived by the district school
 1389  board.
 1390         3. The one credit in physical education may be substituted
 1391  with an elective credit. Notwithstanding any other law to the
 1392  contrary, all students enrolled in high school as of the 2012
 1393  2013 school year who earned a passing grade in Biology I or
 1394  geometry before the 2013-2014 school year shall be awarded a
 1395  credit in that course if the student passed the course. The
 1396  student’s performance on the EOC assessment is not required to
 1397  constitute 30 percent of the student’s final course grade.
 1398         (c) A student who earns fails to earn the required 24
 1399  credits, or the required 18 credits under s. 1002.3105(5), but
 1400  fails to pass the assessments required under s. 1008.22(3) or
 1401  achieve a 2.0 GPA shall be awarded a certificate of completion
 1402  in a form prescribed by the State Board of Education. However, a
 1403  student who is otherwise entitled to a certificate of completion
 1404  may elect to remain in high school either as a full-time student
 1405  or a part-time student for up to 1 additional year and receive
 1406  special instruction designed to remedy his or her identified
 1407  deficiencies.
 1408         (8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with
 1409  the 2012-2013 school year, if a student transfers to a Florida
 1410  public high school from out of country, out of state, a private
 1411  school, or a home education program and the student’s transcript
 1412  shows a mathematics credit in Algebra I a course that requires
 1413  passage of a statewide, standardized assessment in order to earn
 1414  a standard high school diploma, the student must pass the
 1415  statewide, standardized Algebra I EOC assessment in order to
 1416  earn a standard high school diploma unless the student earned a
 1417  comparative score pursuant to s. 1008.22, passed a statewide
 1418  assessment in Algebra I that subject administered by the
 1419  transferring entity, or passed the statewide mathematics
 1420  assessment the transferring entity uses to satisfy the
 1421  requirements of the Elementary and Secondary Education Act, 20
 1422  U.S.C. s. 6301. If a student’s transcript shows a credit in high
 1423  school reading or English Language Arts II or III, in order to
 1424  earn a standard high school diploma, the student must take and
 1425  pass the statewide, standardized grade 10 FCAT Reading
 1426  assessment or, when implemented, the grade 10 ELA assessment, or
 1427  earn a concordant score on the SAT or ACT as specified by state
 1428  board rule or, when the state transitions to common core English
 1429  Language Arts assessments, earn a passing score on the English
 1430  Language Arts assessment as required under this section. If a
 1431  transfer student’s transcript shows a final course grade and
 1432  course credit in Algebra I, Geometry, Biology I, or United
 1433  States History, the transferring course final grade and credit
 1434  shall be honored without the student taking the requisite
 1435  statewide, standardized EOC assessment and without the
 1436  assessment results constituting 30 percent of the student’s
 1437  final course grade.
 1438         (9) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL
 1439  CREDIT REQUIREMENTS.—
 1440         (a) Participation in career education courses engages
 1441  students in their high school education, increases academic
 1442  achievement, enhances employability, and increases postsecondary
 1443  success. By July 1, 2014, the department shall develop, for
 1444  approval by the State Board of Education, multiple, additional
 1445  career education courses or a series of courses that meet the
 1446  requirements set forth in s. 1003.493(2), (4), and (5) and this
 1447  subsection and allow students to earn credit in both the career
 1448  education course and courses required for high school graduation
 1449  under this section and s. ss. 1003.428 and 1003.4281.
 1450         1. The state board must determine if sufficient academic
 1451  standards are covered to warrant the award of academic credit.
 1452         2. Career education courses must include workforce and
 1453  digital literacy skills and the integration of required course
 1454  content with practical applications and designated rigorous
 1455  coursework that results in one or more industry certifications
 1456  or clearly articulated credit or advanced standing in a 2-year
 1457  or 4-year certificate or degree program, which may include high
 1458  school junior and senior year work-related internships or
 1459  apprenticeships. The department shall negotiate state licenses
 1460  for material and testing for industry certifications. The
 1461  instructional methodology used in these courses must be
 1462  comprised of authentic projects, problems, and activities for
 1463  contextually learning the academics.
 1464         (c) Regional consortium service organizations established
 1465  pursuant to s. 1001.451 shall work with school districts, local
 1466  workforce boards, postsecondary institutions, and local business
 1467  and industry leaders to create career education courses that
 1468  meet the requirements set forth in s. 1003.493(2), (4), and (5)
 1469  and this subsection that students can take to earn required high
 1470  school course credits. The regional consortium shall submit
 1471  course recommendations to the department, on behalf of the
 1472  consortium member districts, for state board approval. A strong
 1473  emphasis should be placed on online coursework, digital
 1474  literacy, and workforce literacy as defined in s. 1004.02(26)
 1475  1004.02(27). For purposes of providing students the opportunity
 1476  to earn industry certifications, consortiums must secure the
 1477  necessary site licenses and testing contracts for use by member
 1478  districts.
 1479         (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 1480  requirements of this section, in addition to applying to
 1481  students entering grade 9 in the 2013-2014 school year and
 1482  thereafter, shall also apply to students entering grade 9 before
 1483  the 2013-2014 school year, except as otherwise provided in this
 1484  subsection.
 1485         (a) A student entering grade 9 before the 2010-2011 school
 1486  year must earn:
 1487         1. Four credits in English/ELA. A student must pass the
 1488  statewide, standardized grade 10 Reading assessment, or earn a
 1489  concordant score, in order to graduate with a standard high
 1490  school diploma.
 1491         2. Four credits in mathematics, which must include Algebra
 1492  I. A student must pass grade 10 FCAT Mathematics, or earn a
 1493  concordant score, in order to graduate with a standard high
 1494  school diploma. A student who takes Algebra I or Geometry after
 1495  the 2010-2011 school year must take the statewide, standardized
 1496  EOC assessment for the course but is not required to pass the
 1497  assessment in order to earn course credit. A student’s
 1498  performance on the Algebra I or Geometry EOC assessment is not
 1499  required to constitute 30 percent of the student’s final course
 1500  grade. A student who earns an industry certification for which
 1501  there is a statewide college credit articulation agreement
 1502  approved by the State Board of Education may substitute the
 1503  certification for one mathematics credit. Substitution may occur
 1504  for up to two mathematics credits, except for Algebra I.
 1505         3. Three credits in science, two of which must have a
 1506  laboratory component. A student who takes Biology I after the
 1507  2010-2011 school year must take the statewide, standardized
 1508  Biology I EOC assessment but is not required to pass the
 1509  assessment in order to earn course credit. A student’s
 1510  performance on the assessment is not required to constitute 30
 1511  percent of the student’s final course grade. A student who earns
 1512  an industry certification for which there is a statewide college
 1513  credit articulation agreement approved by the State Board of
 1514  Education may substitute the certification for one science
 1515  credit.
 1516         4. Three credits in social studies of which one credit in
 1517  World History, one credit in United States History, one-half
 1518  credit in United States Government, and one-half credit in
 1519  economics is required. A student who takes United States History
 1520  after the 2011-2012 school year must take the statewide,
 1521  standardized United States History EOC assessment but the
 1522  student’s performance on the assessment is not required to
 1523  constitute 30 percent of the student’s final course grade.
 1524         5. One credit in fine or performing arts, speech and
 1525  debate, or practical arts as provided in paragraph (3)(e).
 1526         6. One credit in physical education as provided in
 1527  paragraph (3)(f).
 1528         7. Eight credits in electives.
 1529         (b) A student entering grade 9 in the 2010-2011 school year
 1530  must earn:
 1531         1. Four credits in English/ELA. A student must pass the
 1532  statewide, standardized grade 10 Reading assessment, or earn a
 1533  concordant score, in order to graduate with a standard high
 1534  school diploma.
 1535         2. Four credits in mathematics, which must include Algebra
 1536  I and Geometry. The statewide, standardized Algebra I EOC
 1537  assessment constitutes 30 percent of the student’s final course
 1538  grade. A student who takes Algebra I or Geometry after the 2010
 1539  2011 school year must take the statewide, standardized EOC
 1540  assessment for the course but is not required to pass the
 1541  assessment in order to earn course credit. A student’s
 1542  performance on the Geometry EOC assessment is not required to
 1543  constitute 30 percent of the student’s final course grade. A
 1544  student who earns an industry certification for which there is a
 1545  statewide college credit articulation agreement approved by the
 1546  State Board of Education may substitute the certification for
 1547  one mathematics credit. Substitution may occur for up to two
 1548  mathematics credits, except for Algebra I and Geometry.
 1549         3. Three credits in science, two of which must have a
 1550  laboratory component. A student who takes Biology I after the
 1551  2010-2011 school year must take the statewide, standardized
 1552  Biology I EOC assessment but is not required to pass the
 1553  assessment in order to earn course credit. A student’s
 1554  performance on the assessment is not required to constitute 30
 1555  percent of the student’s final course grade. A student who earns
 1556  an industry certification for which there is a statewide college
 1557  credit articulation agreement approved by the State Board of
 1558  Education may substitute the certification for one science
 1559  credit, except for Biology I.
 1560         4. Three credits in social studies of which one credit in
 1561  World History, one credit in United States History, one-half
 1562  credit in United States Government, and one-half credit in
 1563  economics is required. A student who takes United States History
 1564  after the 2011-2012 school year must take the statewide,
 1565  standardized United States History EOC assessment but the
 1566  student’s performance on the assessment is not required to
 1567  constitute 30 percent of the student’s final course grade.
 1568         5. One credit in fine or performing arts, speech and
 1569  debate, or practical arts as provided in paragraph (3)(e).
 1570         6. One credit in physical education as provided in
 1571  paragraph (3)(f).
 1572         7. Eight credits in electives.
 1573         (c) A student entering grade 9 in the 2011-2012 school year
 1574  must earn:
 1575         1. Four credits in English/ELA. A student must pass the
 1576  statewide, standardized grade 10 Reading assessment, or earn a
 1577  concordant score, in order to graduate with a standard high
 1578  school diploma.
 1579         2. Four credits in mathematics, which must include Algebra
 1580  I and Geometry. A student who takes Algebra I after the 2010
 1581  2011 school year must pass the statewide, standardized Algebra I
 1582  EOC assessment, or earn a comparative score, in order to earn a
 1583  standard high school diploma. A student who takes Algebra I or
 1584  Geometry after the 2010-2011 school year must take the
 1585  statewide, standardized EOC assessment but is not required to
 1586  pass the Algebra I or Geometry EOC assessment in order to earn
 1587  course credit. A student’s performance on the Algebra I or
 1588  Geometry EOC assessment is not required to constitute 30 percent
 1589  of the student’s final course grade. A student who earns an
 1590  industry certification for which there is a statewide college
 1591  credit articulation agreement approved by the State Board of
 1592  Education may substitute the certification for one mathematics
 1593  credit. Substitution may occur for up to two mathematics
 1594  credits, except for Algebra I and Geometry.
 1595         3. Three credits in science, two of which must have a
 1596  laboratory component. One of the science credits must be Biology
 1597  I. A student who takes Biology I after the 2010-2011 school year
 1598  must take the statewide, standardized Biology I EOC assessment
 1599  but is not required to pass the assessment in order to earn
 1600  course credit. A student’s performance on the assessment is not
 1601  required to constitute 30 percent of the student’s final course
 1602  grade. A student who earns an industry certification for which
 1603  there is a statewide college credit articulation agreement
 1604  approved by the State Board of Education may substitute the
 1605  certification for one science credit, except for Biology I.
 1606         4. Three credits in social studies of which one credit in
 1607  World History, one credit in United States History, one-half
 1608  credit in United States Government, and one-half credit in
 1609  economics is required. A student who takes United States History
 1610  after the 2011-2012 school year student must take the statewide,
 1611  standardized United States History EOC assessment but the
 1612  student’s performance on the assessment is not required to
 1613  constitute 30 percent of the student’s final course grade.
 1614         5. One credit in fine or performing arts, speech and
 1615  debate, or practical arts as provided in paragraph (3)(e).
 1616         6. One credit in physical education as provided in
 1617  paragraph (3)(f).
 1618         7. Eight credits in electives.
 1619         8. One online course as provided in subsection (4).
 1620         (d) A student entering grade 9 in the 2012-2013 school year
 1621  must earn:
 1622         1. Four credits in English/ELA. A student must pass the
 1623  statewide, standardized grade 10 Reading assessment, or earn a
 1624  concordant score, in order to graduate with a standard high
 1625  school diploma.
 1626         2. Four credits in mathematics, which must include Algebra
 1627  I and Geometry. A student who takes Algebra I after the 2010
 1628  2011 school year must pass the statewide, standardized Algebra I
 1629  EOC assessment, or earn a comparative score, in order to earn a
 1630  standard high school diploma. A student who takes Geometry after
 1631  the 2010-2011 school year must take the statewide, standardized
 1632  Geometry EOC assessment. A student is not required to pass the
 1633  statewide, standardized EOC assessment in Algebra I or Geometry
 1634  in order to earn course credit. A student’s performance on the
 1635  Algebra I or Geometry EOC assessment is not required to
 1636  constitute 30 percent of the student’s final course grade. A
 1637  student who earns an industry certification for which there is a
 1638  statewide college credit articulation agreement approved by the
 1639  State Board of Education may substitute the certification for
 1640  one mathematics credit. Substitution may occur for up to two
 1641  mathematics credits, except for Algebra I and Geometry.
 1642         3. Three credits in science, two of which must have a
 1643  laboratory component. One of the science credits must be Biology
 1644  I. A student who takes Biology I after the 2010-2011 school year
 1645  must take the statewide, standardized Biology I EOC assessment
 1646  but is not required to pass the assessment to earn course
 1647  credit. A student’s performance on the assessment is not
 1648  required to constitute 30 percent of the student’s final course
 1649  grade. A student who earns an industry certification for which
 1650  there is a statewide college credit articulation agreement
 1651  approved by the State Board of Education may substitute the
 1652  certification for one science credit, except for Biology I.
 1653         4. Three credits in social studies of which one credit in
 1654  World History, one credit in United States History, one-half
 1655  credit in United States Government, and one-half credit in
 1656  economics is required. The statewide, standardized United States
 1657  History EOC assessment constitutes 30 percent of the student’s
 1658  final course grade.
 1659         5. One credit in fine or performing arts, speech and
 1660  debate, or practical arts as provided in paragraph (3)(e).
 1661         6. One credit in physical education as provided in
 1662  paragraph (3)(f).
 1663         7. Eight credits in electives.
 1664         8. One online course as provided in subsection (4).
 1665         (e) Policy adopted in rule by the district school board may
 1666  require for any cohort of students that performance on a
 1667  statewide, standardized EOC assessment constitute 30 percent of
 1668  a student’s final course grade.
 1669         (f) This subsection is repealed July 1, 2020.
 1670         Section 41. Subsection (1) of section 1003.4285, Florida
 1671  Statutes, is amended to read:
 1672         1003.4285 Standard high school diploma designations.—
 1673         (1) Each standard high school diploma shall include, as
 1674  applicable, the following designations if the student meets the
 1675  criteria set forth for the designation:
 1676         (a) Scholar designation.—In addition to the requirements of
 1677  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1678  the Scholar designation, a student must satisfy the following
 1679  requirements:
 1680         1. English Language Arts (ELA).—When implemented the state
 1681  transitions to common core assessments, pass the statewide,
 1682  standardized 11th grade 11 ELA common core assessment.
 1683         2. Mathematics.—Earn one credit in Algebra II and one
 1684  credit in statistics or an equally rigorous course. When
 1685  implemented the state transitions to common core assessments,
 1686  students must pass the statewide, standardized Algebra II common
 1687  core assessment. Beginning with students entering grade 9 in the
 1688  2014-2015 school year, a student must also pass the statewide,
 1689  standardized Geometry end-of-course (EOC) assessment.
 1690         3. Science.—Pass the statewide, standardized Biology I EOC
 1691  end-of-course assessment and earn one credit in chemistry or
 1692  physics and one credit in a course equally rigorous to chemistry
 1693  or physics. However, a student enrolled in an Advanced Placement
 1694  (AP), International Baccalaureate (IB), or Advanced
 1695  International Certificate of Education (AICE) Biology course who
 1696  takes the respective AP, IB, or AICE Biology assessment and
 1697  earns the minimum score necessary to earn college credit as
 1698  identified pursuant to s. 1007.27(2) meets the requirement of
 1699  this subparagraph without having to take the statewide,
 1700  standardized Biology I EOC assessment.
 1701         4. Social studies.—Pass the statewide, standardized United
 1702  States History EOC end-of-course assessment. However, a student
 1703  enrolled in an AP, IB, or AICE course that includes United
 1704  States History topics who takes the respective AP, IB, or AICE
 1705  assessment and earns the minimum score necessary to earn college
 1706  credit as identified pursuant to s. 1007.27(2) meets the
 1707  requirement of this subparagraph without having to take the
 1708  statewide, standardized United States History EOC assessment.
 1709         5. Foreign language.—Earn two credits in the same foreign
 1710  language.
 1711         6. Electives.—Earn at least one credit in an Advanced
 1712  Placement, an International Baccalaureate, an Advanced
 1713  International Certificate of Education, or a dual enrollment
 1714  course.
 1715         (b) Merit designation.—In addition to the requirements of
 1716  s. ss. 1003.428 and 1003.4282, as applicable, in order to earn
 1717  the Merit designation, a student must attain one or more
 1718  industry certifications from the list established under s.
 1719  1003.492.
 1720         Section 42. Section 1003.438, Florida Statutes, is amended
 1721  to read:
 1722         1003.438 Special high school graduation requirements for
 1723  certain exceptional students.—A student who has been identified,
 1724  in accordance with rules established by the State Board of
 1725  Education, as a student with disabilities who has an
 1726  intellectual disability; an autism spectrum disorder; a language
 1727  impairment; an orthopedic impairment; an other health
 1728  impairment; a traumatic brain injury; an emotional or behavioral
 1729  disability; a specific learning disability, including, but not
 1730  limited to, dyslexia, dyscalculia, or developmental aphasia; or
 1731  students who are deaf or hard of hearing or dual sensory
 1732  impaired shall not be required to meet all requirements of s.
 1733  1002.3105(5), s. 1003.4281, 1003.428 or s. 1003.4282 and shall,
 1734  upon meeting all applicable requirements prescribed by the
 1735  district school board pursuant to s. 1008.25, be awarded a
 1736  special diploma in a form prescribed by the commissioner;
 1737  however, such special graduation requirements prescribed by the
 1738  district school board must include minimum graduation
 1739  requirements as prescribed by the commissioner. Any such student
 1740  who meets all special requirements of the district school board,
 1741  but is unable to meet the appropriate special state minimum
 1742  requirements, shall be awarded a special certificate of
 1743  completion in a form prescribed by the commissioner. However,
 1744  this section does not limit or restrict the right of an
 1745  exceptional student solely to a special diploma or special
 1746  certificate of completion. Any such student shall, upon proper
 1747  request, be afforded the opportunity to fully meet all
 1748  requirements of s. 1002.3105(5), s. 1003.4281, 1003.428 or s.
 1749  1003.4282 through the standard procedures established therein
 1750  and thereby to qualify for a standard diploma upon graduation.
 1751         Section 43. Subsection (5) of section 1003.451, Florida
 1752  Statutes, is repealed.
 1753         Section 44. Subsection (1) of section 1003.49, Florida
 1754  Statutes, is amended to read:
 1755         1003.49 Graduation and promotion requirements for publicly
 1756  operated schools.—
 1757         (1) Each state or local public agency, including the
 1758  Department of Children and Family Services, the Department of
 1759  Corrections, the boards of trustees of universities and Florida
 1760  College System institutions, and the Board of Trustees of the
 1761  Florida School for the Deaf and the Blind, which agency is
 1762  authorized to operate educational programs for students at any
 1763  level of grades kindergarten through 12, shall be subject to all
 1764  applicable requirements of ss. 1002.3105(5), 1003.4281,
 1765  1003.4282 1003.428, 1003.429, 1008.23, and 1008.25. Within the
 1766  content of these cited statutes each such state or local public
 1767  agency or entity shall be considered a “district school board.”
 1768         Section 45. Paragraph (e) of subsection (4) of section
 1769  1003.493, Florida Statutes, is amended to read:
 1770         1003.493 Career and professional academies and career
 1771  themed courses.—
 1772         (4) Each career and professional academy and secondary
 1773  school providing a career-themed course must:
 1774         (e) Deliver academic content through instruction relevant
 1775  to the career, including intensive reading and mathematics
 1776  intervention required by s. 1003.4282 1003.428, with an emphasis
 1777  on strengthening reading for information skills.
 1778         Section 46. Subsection (2) of section 1003.4935, Florida
 1779  Statutes, is amended to read:
 1780         1003.4935 Middle grades career and professional academy
 1781  courses and career-themed courses.—
 1782         (2) Each middle grades career and professional academy or
 1783  career-themed course must be aligned with at least one high
 1784  school career and professional academy or career-themed course
 1785  offered in the district and maintain partnerships with local
 1786  business and industry and economic development boards. Middle
 1787  grades career and professional academies and career-themed
 1788  courses must:
 1789         (a) Lead to careers in occupations designated as high
 1790  skill, high-wage, and high-demand in the Industry Certification
 1791  Funding List approved under rules adopted by the State Board of
 1792  Education;
 1793         (b) Integrate content from core subject areas;
 1794         (c) Integrate career and professional academy or career
 1795  themed course content with intensive reading, English Language
 1796  Arts, and mathematics pursuant to s. ss. 1003.428 and 1003.4282;
 1797         (d) Coordinate with high schools to maximize opportunities
 1798  for middle grades students to earn high school credit;
 1799         (e) Provide access to virtual instruction courses provided
 1800  by virtual education providers legislatively authorized to
 1801  provide part-time instruction to middle grades students. The
 1802  virtual instruction courses must be aligned to state curriculum
 1803  standards for middle grades career and professional academy
 1804  courses or career-themed courses, with priority given to
 1805  students who have required course deficits;
 1806         (f) Provide instruction from highly skilled professionals
 1807  who hold industry certificates in the career area in which they
 1808  teach;
 1809         (g) Offer externships; and
 1810         (h) Provide personalized student advisement that includes a
 1811  parent-participation component.
 1812         Section 47. Paragraph (a) of subsection (1) of section
 1813  1003.57, Florida Statutes, is amended to read:
 1814         1003.57 Exceptional students instruction.—
 1815         (1)(a) For purposes of providing exceptional student
 1816  instruction under this section:
 1817         1. A school district shall use the following terms to
 1818  describe the instructional setting for a student with a
 1819  disability, 6 through 21 years of age, who is not educated in a
 1820  setting accessible to all children who are together at all
 1821  times:
 1822         a. “Exceptional student education center” or “special day
 1823  school” means a separate public school to which nondisabled
 1824  peers do not have access.
 1825         b. “Other separate environment” means a separate private
 1826  school, residential facility, or hospital or homebound program.
 1827         c. “Regular class” means a class in which a student spends
 1828  80 percent or more of the school week with nondisabled peers.
 1829         d. “Resource room” means a classroom in which a student
 1830  spends between 40 percent to 80 percent of the school week with
 1831  nondisabled peers.
 1832         e. “Separate class” means a class in which a student spends
 1833  less than 40 percent of the school week with nondisabled peers.
 1834         2. A school district shall use the term “inclusion” to mean
 1835  that a student is receiving education in a general education
 1836  regular class setting, reflecting natural proportions and age
 1837  appropriate heterogeneous groups in core academic and elective
 1838  or special areas within the school community; a student with a
 1839  disability is a valued member of the classroom and school
 1840  community; the teachers and administrators support universal
 1841  education and have knowledge and support available to enable
 1842  them to effectively teach all children; and a teacher student is
 1843  provided access to technical assistance in best practices,
 1844  instructional methods, and supports tailored to the student’s
 1845  needs based on current research.
 1846         Section 48. Paragraph (a) of subsection (1) of section
 1847  1003.621, Florida Statutes, is amended to read:
 1848         1003.621 Academically high-performing school districts.—It
 1849  is the intent of the Legislature to recognize and reward school
 1850  districts that demonstrate the ability to consistently maintain
 1851  or improve their high-performing status. The purpose of this
 1852  section is to provide high-performing school districts with
 1853  flexibility in meeting the specific requirements in statute and
 1854  rules of the State Board of Education.
 1855         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
 1856         (a) A school district is an academically high-performing
 1857  school district if it meets the following criteria:
 1858         1.a. Beginning with the 2004-2005 school year, Earns a
 1859  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
 1860         b. Has no district-operated school that earns a grade of
 1861  “F” under s. 1008.34;
 1862         2. Complies with all class size requirements in s. 1, Art.
 1863  IX of the State Constitution and s. 1003.03; and
 1864         3. Has no material weaknesses or instances of material
 1865  noncompliance noted in the annual financial audit conducted
 1866  pursuant to s. 11.45 or s. 218.39.
 1867  
 1868  However, a district in which a district-operated school earns a
 1869  grade of “F” under s. 1008.34 during the 3-year period may not
 1870  continue to be designated as an academically high-performing
 1871  school district during the remainder of that 3-year period. The
 1872  district must meet the criteria in paragraph (a) in order to be
 1873  redesignated as an academically high-performing school district.
 1874         Section 49. Subsection (4) of section 1004.02, Florida
 1875  Statutes, is repealed.
 1876         Section 50. Section 1004.0961, Florida Statutes, is amended
 1877  to read:
 1878         1004.0961 Credit for online courses.—Beginning in the 2015
 1879  2016 school year, the State Board of Education shall adopt rules
 1880  and the Board of Governors shall adopt regulations rules that
 1881  enable students to earn academic credit for online courses,
 1882  including massive open online courses, before prior to initial
 1883  enrollment at a postsecondary institution. The rules of the
 1884  State Board of Education and regulations rules of the Board of
 1885  Governors must include procedures for credential evaluation and
 1886  the award of credit, including, but not limited to,
 1887  recommendations for credit by the American Council on Education;
 1888  equivalency and alignment of coursework with appropriate
 1889  courses; course descriptions; type and amount of credit that may
 1890  be awarded; and transfer of credit.
 1891         Section 51. Section 1004.3825, Florida Statutes, is
 1892  repealed.
 1893         Section 52. Section 1004.387, Florida Statutes, is
 1894  repealed.
 1895         Section 53. Subsection (2) of section 1004.445, Florida
 1896  Statutes, is repealed.
 1897         Section 54. Section 1004.75, Florida Statutes, is repealed.
 1898         Section 55. Subsections (1), (2), and (7) of section
 1899  1004.935, Florida Statutes, are amended to read:
 1900         1004.935 Adults with Disabilities Workforce Education Pilot
 1901  Program.—
 1902         (1) The Adults with Disabilities Workforce Education Pilot
 1903  Program is established in the Department of Education through
 1904  June 30, 2016, for 2 years in Hardee, DeSoto, Manatee, and
 1905  Sarasota Counties to provide the option of receiving a
 1906  scholarship for instruction at private schools for up to 30
 1907  students who:
 1908         (a) Have a disability;
 1909         (b) Are 22 years of age;
 1910         (c) Are receiving instruction from an instructor in a
 1911  private school to meet the high school graduation requirements
 1912  in s. 1002.3105(5) 1003.428 or s. 1003.4282;
 1913         (d) Do not have a standard high school diploma or a special
 1914  high school diploma; and
 1915         (e) Receive “supported employment services,” which means
 1916  employment that is located or provided in an integrated work
 1917  setting with earnings paid on a commensurate wage basis and for
 1918  which continued support is needed for job maintenance.
 1919  
 1920  As used in this section, the term “student with a disability”
 1921  includes a student who is documented as having an intellectual
 1922  disability; a speech impairment; a language impairment; a
 1923  hearing impairment, including deafness; a visual impairment,
 1924  including blindness; a dual sensory impairment; an orthopedic
 1925  impairment; another health impairment; an emotional or
 1926  behavioral disability; a specific learning disability,
 1927  including, but not limited to, dyslexia, dyscalculia, or
 1928  developmental aphasia; a traumatic brain injury; a developmental
 1929  delay; or autism spectrum disorder.
 1930         (2) A student participating in the pilot program may
 1931  continue to participate in the program until the student
 1932  graduates from high school or reaches the age of 40 30 years,
 1933  whichever occurs first.
 1934         (7) Funds for the scholarship shall be provided from the
 1935  appropriation from the school district’s Workforce Development
 1936  Fund in the General Appropriations Act for students who reside
 1937  in the Hardee County School District, the DeSoto County School
 1938  District, the Manatee County School District, or the Sarasota
 1939  County School District. During the 2-year pilot program, the
 1940  scholarship amount granted for an eligible student with a
 1941  disability shall be equal to the cost per unit of a full-time
 1942  equivalent adult general education student, multiplied by the
 1943  adult general education funding factor, and multiplied by the
 1944  district cost differential pursuant to the formula required by
 1945  s. 1011.80(6)(a) for the district in which the student resides.
 1946         Section 56. Section 1006.141, Florida Statutes, is
 1947  repealed.
 1948         Section 57. Subsections (4), (5), and (8) of section
 1949  1006.147, Florida Statutes, are amended to read:
 1950         1006.147 Bullying and harassment prohibited.—
 1951         (4) By December 1, 2008, Each school district shall adopt a
 1952  policy prohibiting bullying and harassment of a any student or
 1953  employee of a public K-12 educational institution. Each school
 1954  district’s policy shall be in substantial conformity with the
 1955  Department of Education’s model policy mandated in subsection
 1956  (5). The school district bullying and harassment policy shall
 1957  afford all students the same protection regardless of their
 1958  status under the law. The school district may establish separate
 1959  discrimination policies that include categories of students. The
 1960  school district shall involve students, parents, teachers,
 1961  administrators, school staff, school volunteers, community
 1962  representatives, and local law enforcement agencies in the
 1963  process of adopting the policy. The school district policy must
 1964  be implemented in a manner that is ongoing throughout the school
 1965  year and integrated with a school’s curriculum, a school’s
 1966  discipline policies, and other violence prevention efforts. The
 1967  school district policy must contain, at a minimum, the following
 1968  components:
 1969         (a) A statement prohibiting bullying and harassment.
 1970         (b) A definition of bullying and a definition of harassment
 1971  that include the definitions listed in this section.
 1972         (c) A description of the type of behavior expected from
 1973  each student and employee of a public K-12 educational
 1974  institution.
 1975         (d) The consequences for a student or employee of a public
 1976  K-12 educational institution who commits an act of bullying or
 1977  harassment.
 1978         (e) The consequences for a student or employee of a public
 1979  K-12 educational institution who is found to have wrongfully and
 1980  intentionally accused another of an act of bullying or
 1981  harassment.
 1982         (f) A procedure for reporting an act of bullying or
 1983  harassment, including provisions that permit a person to
 1984  anonymously report such an act. However, this paragraph does not
 1985  permit formal disciplinary action to be based solely on an
 1986  anonymous report.
 1987         (g) A procedure for the prompt investigation of a report of
 1988  bullying or harassment and the persons responsible for the
 1989  investigation. The investigation of a reported act of bullying
 1990  or harassment is deemed to be a school-related activity and
 1991  begins with a report of such an act. Incidents that require a
 1992  reasonable investigation when reported to appropriate school
 1993  authorities shall include alleged incidents of bullying or
 1994  harassment allegedly committed against a child while the child
 1995  is en route to school aboard a school bus or at a school bus
 1996  stop.
 1997         (h) A process to investigate whether a reported act of
 1998  bullying or harassment is within the scope of the district
 1999  school system and, if not, a process for referral of such an act
 2000  to the appropriate jurisdiction. Computers without web-filtering
 2001  software or computers with web-filtering software that is
 2002  disabled shall be used when complaints of cyberbullying are
 2003  investigated.
 2004         (i) A procedure for providing immediate notification to the
 2005  parents of a victim of bullying or harassment and the parents of
 2006  the perpetrator of an act of bullying or harassment, as well as
 2007  notification to all local agencies where criminal charges may be
 2008  pursued against the perpetrator.
 2009         (j) A procedure to refer victims and perpetrators of
 2010  bullying or harassment for counseling.
 2011         (k) A procedure for including incidents of bullying or
 2012  harassment in the school’s report of data concerning school
 2013  safety and discipline required under s. 1006.09(6). The report
 2014  must include each incident of bullying or harassment and the
 2015  resulting consequences, including discipline and referrals. The
 2016  report must include in a separate section each reported incident
 2017  of bullying or harassment that does not meet the criteria of a
 2018  prohibited act under this section with recommendations regarding
 2019  such incidents. The Department of Education shall aggregate
 2020  information contained in the reports.
 2021         (l) A procedure for providing instruction to students,
 2022  parents, teachers, school administrators, counseling staff, and
 2023  school volunteers on identifying, preventing, and responding to
 2024  bullying or harassment, including instruction on recognizing
 2025  behaviors that lead to bullying and harassment and taking
 2026  appropriate preventive action based on those observations.
 2027         (m) A procedure for regularly reporting to a victim’s
 2028  parents the actions taken to protect the victim.
 2029         (n) A procedure for publicizing the policy, which must
 2030  include its publication in the code of student conduct required
 2031  under s. 1006.07(2) and in all employee handbooks.
 2032         (5) To assist school districts in developing policies
 2033  prohibiting bullying and harassment, the Department of Education
 2034  shall develop a model policy that shall be provided to school
 2035  districts no later than October 1, 2008.
 2036         (7)(8) Distribution of safe schools funds to a school
 2037  district provided in the 2009-2010 General Appropriations Act is
 2038  contingent upon and payable to the school district upon the
 2039  Department of Education’s approval of the school district’s
 2040  bullying and harassment policy. The department’s approval of
 2041  each school district’s bullying and harassment policy shall be
 2042  granted upon certification by the department that the school
 2043  district’s policy has been submitted to the department and is in
 2044  substantial conformity with the department’s model bullying and
 2045  harassment policy as mandated in subsection (5). Distribution of
 2046  safe schools funds provided to a school district in fiscal year
 2047  2010-2011 and thereafter shall be contingent upon and payable to
 2048  the school district upon the school district’s compliance with
 2049  all reporting procedures contained in this section.
 2050         Section 58. Subsection (2) of section 1006.148, Florida
 2051  Statutes, is repealed.
 2052         Section 59. Paragraph (a) of subsection (3) of section
 2053  1006.15, Florida Statutes, is amended to read:
 2054         1006.15 Student standards for participation in
 2055  interscholastic and intrascholastic extracurricular student
 2056  activities; regulation.—
 2057         (3)(a) To be eligible to participate in interscholastic
 2058  extracurricular student activities, a student must:
 2059         1. Maintain a grade point average of 2.0 or above on a 4.0
 2060  scale, or its equivalent, in the previous semester or a
 2061  cumulative grade point average of 2.0 or above on a 4.0 scale,
 2062  or its equivalent, in the courses required by s. 1002.3105(5)
 2063  1003.428 or s. 1003.4282 1003.429.
 2064         2. Execute and fulfill the requirements of an academic
 2065  performance contract between the student, the district school
 2066  board, the appropriate governing association, and the student’s
 2067  parents, if the student’s cumulative grade point average falls
 2068  below 2.0, or its equivalent, on a 4.0 scale in the courses
 2069  required by s. 1002.3105(5) 1003.428 or s. 1003.4282 1003.429.
 2070  At a minimum, the contract must require that the student attend
 2071  summer school, or its graded equivalent, between grades 9 and 10
 2072  or grades 10 and 11, as necessary.
 2073         3. Have a cumulative grade point average of 2.0 or above on
 2074  a 4.0 scale, or its equivalent, in the courses required by s.
 2075  1002.3105(5) 1003.428 or s. 1003.4282 1003.429 during his or her
 2076  junior or senior year.
 2077         4. Maintain satisfactory conduct, including adherence to
 2078  appropriate dress and other codes of student conduct policies
 2079  described in s. 1006.07(2). If a student is convicted of, or is
 2080  found to have committed, a felony or a delinquent act that would
 2081  have been a felony if committed by an adult, regardless of
 2082  whether adjudication is withheld, the student’s participation in
 2083  interscholastic extracurricular activities is contingent upon
 2084  established and published district school board policy.
 2085         Section 60. Subsection (1) and paragraph (a) of subsection
 2086  (2) of section 1006.28, Florida Statutes, are amended to read:
 2087         1006.28 Duties of district school board, district school
 2088  superintendent; and school principal regarding K-12
 2089  instructional materials.—
 2090         (1) DISTRICT SCHOOL BOARD.—The district school board has
 2091  the duty to provide adequate instructional materials for all
 2092  students in accordance with the requirements of this part. The
 2093  term “adequate instructional materials” means a sufficient
 2094  number of student or site licenses or sets of materials that are
 2095  available in bound, unbound, kit, or package form and may
 2096  consist of hardbacked or softbacked textbooks, electronic
 2097  content, consumables, learning laboratories, manipulatives,
 2098  electronic media, and computer courseware or software that serve
 2099  as the basis for instruction for each student in the core
 2100  subject areas courses of mathematics, language arts, social
 2101  studies, science, reading, and literature. The district school
 2102  board has the following specific duties:
 2103         (a) Courses of study; adoption.—Adopt courses of study for
 2104  use in the schools of the district.
 2105         (b) Instructional materials.—Provide for proper
 2106  requisitioning, distribution, accounting, storage, care, and use
 2107  of all instructional materials and furnish such other
 2108  instructional materials as may be needed. The district school
 2109  board shall ensure that Instructional materials used must be in
 2110  the district are consistent with the district goals and
 2111  objectives and the course descriptions established in rule of
 2112  the State Board of Education, as well as with the applicable
 2113  Next Generation Sunshine State and district performance
 2114  Standards provided for in s. 1003.41 1001.03(1).
 2115         (c) Other instructional materials.—Provide such other
 2116  teaching accessories and aids as are needed for the school
 2117  district’s educational program.
 2118         (d) School library media services; establishment and
 2119  maintenance.—Establish and maintain a program of school library
 2120  media services for all public schools in the district, including
 2121  school library media centers, or school library media centers
 2122  open to the public, and, in addition such traveling or
 2123  circulating libraries as may be needed for the proper operation
 2124  of the district school system.
 2125         (2) DISTRICT SCHOOL SUPERINTENDENT.—
 2126         (a) The district school superintendent has the duty to
 2127  recommend such plans for improving, providing, distributing,
 2128  accounting for, and caring for instructional materials and other
 2129  instructional aids as will result in general improvement of the
 2130  district school system, as prescribed in this part, in
 2131  accordance with adopted district school board rules prescribing
 2132  the duties and responsibilities of the district school
 2133  superintendent regarding the requisition, purchase, receipt,
 2134  storage, distribution, use, conservation, records, and reports
 2135  of, and management practices and property accountability
 2136  concerning, instructional materials, and providing for an
 2137  evaluation of any instructional materials to be requisitioned
 2138  that have not been used previously in the district’s schools.
 2139  The district school superintendent must keep adequate records
 2140  and accounts for all financial transactions for funds collected
 2141  pursuant to subsection (3), as a component of the educational
 2142  service delivery scope in a school district best financial
 2143  management practices review under s. 1008.35.
 2144         Section 61. Subsection (2) of section 1006.31, Florida
 2145  Statutes, is amended to read:
 2146         1006.31 Duties of the Department of Education and school
 2147  district instructional materials reviewer.—The duties of the
 2148  instructional materials reviewer are:
 2149         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use evaluate
 2150  carefully all instructional materials submitted, in order to
 2151  ascertain which instructional materials, if any, submitted for
 2152  consideration implement the selection criteria listed in s.
 2153  1006.34(2)(b) developed by the department and recommend for
 2154  adoption only those instructional materials aligned with the
 2155  Next Generation Sunshine State those curricular objectives
 2156  included within applicable performance Standards provided for in
 2157  s. 1003.41 1001.03(1).
 2158         (a) When recommending instructional materials for use in
 2159  the schools, each reviewer shall include only instructional
 2160  materials that accurately portray the ethnic, socioeconomic,
 2161  cultural, and racial diversity of our society, including men and
 2162  women in professional, career, and executive roles, and the role
 2163  and contributions of the entrepreneur and labor in the total
 2164  development of this state and the United States.
 2165         (b) When recommending instructional materials for use in
 2166  the schools, each reviewer shall include only materials that
 2167  accurately portray, whenever appropriate, humankind’s place in
 2168  ecological systems, including the necessity for the protection
 2169  of our environment and conservation of our natural resources and
 2170  the effects on the human system of the use of tobacco, alcohol,
 2171  controlled substances, and other dangerous substances.
 2172         (c) When recommending instructional materials for use in
 2173  the schools, each reviewer shall require such materials as he or
 2174  she deems necessary and proper to encourage thrift, fire
 2175  prevention, and humane treatment of people and animals.
 2176         (d) When recommending instructional materials for use in
 2177  the schools, each reviewer shall require, when appropriate to
 2178  the comprehension of students, that materials for social
 2179  science, history, or civics classes contain the Declaration of
 2180  Independence and the Constitution of the United States. A
 2181  reviewer may not recommend any instructional materials for use
 2182  in the schools which contain any matter reflecting unfairly upon
 2183  persons because of their race, color, creed, national origin,
 2184  ancestry, gender, or occupation.
 2185         (e) Any instructional material recommended by each reviewer
 2186  for use in the schools shall be, to the satisfaction of each
 2187  reviewer, accurate, objective, and current and suited to the
 2188  needs and comprehension of students at their respective grade
 2189  levels. Reviewers shall consider for adoption materials
 2190  developed for academically talented students such as those
 2191  enrolled in advanced placement courses.
 2192         Section 62. Paragraph (b) of subsection (2) of section
 2193  1006.34, Florida Statutes, is amended to read:
 2194         1006.34 Powers and duties of the commissioner and the
 2195  department in selecting and adopting instructional materials.—
 2196         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 2197         (b) In the selection of instructional materials, library
 2198  media, and other reading material used in the public school
 2199  system, the standards used to determine the propriety of the
 2200  material shall include:
 2201         1. The age of the students who normally could be expected
 2202  to have access to the material.
 2203         2. The educational purpose to be served by the material. In
 2204  considering instructional materials for classroom use, Priority
 2205  shall be given to the selection of materials that align with the
 2206  Next Generation Sunshine State Standards as provided for in s.
 2207  1003.41 which encompass the state and district school board
 2208  performance standards provided for in s. 1001.03(1) and which
 2209  include the instructional objectives contained within the
 2210  curriculum frameworks for career and technical education and
 2211  adult and adult general education adopted approved by rule of
 2212  the State Board of Education under s. 1004.92.
 2213         3. The degree to which the material would be supplemented
 2214  and explained by mature classroom instruction as part of a
 2215  normal classroom instructional program.
 2216         4. The consideration of the broad racial, ethnic,
 2217  socioeconomic, and cultural diversity of the students of this
 2218  state.
 2219  
 2220  Any instructional material containing pornography or otherwise
 2221  prohibited by s. 847.012 may not be used or made available
 2222  within any public school.
 2223         Section 63. Subsection (2) and paragraph (a) of subsection
 2224  (3) of section 1006.40, Florida Statutes, are amended, and
 2225  subsection (8) is added to that section, to read:
 2226         1006.40 Use of instructional materials allocation;
 2227  instructional materials, library books, and reference books;
 2228  repair of books.—
 2229         (2) Each district school board must purchase current
 2230  instructional materials to provide each student with a major
 2231  tool of instruction in core courses of the subject areas of
 2232  mathematics, language arts, science, social studies, reading,
 2233  and literature for kindergarten through grade 12. Such purchase
 2234  must be made within the first 3 years after the effective date
 2235  of the adoption cycle unless a district school board or a
 2236  consortium of school districts has implemented an instructional
 2237  materials program pursuant to s. 1006.283. For the 2012-2013
 2238  mathematics adoption, a district using a comprehensive
 2239  mathematics instructional materials program adopted in the 2009
 2240  2010 adoption shall be deemed in compliance with this subsection
 2241  if it provides each student with such additional state-adopted
 2242  materials as may be necessary to align the previously adopted
 2243  comprehensive program to common core standards and the other
 2244  criteria of the 2012-2013 mathematics adoption.
 2245         (3)(a) Beginning with By the 2015-2016 fiscal year, each
 2246  district school board shall use at least 50 percent of the
 2247  annual allocation for the purchase of digital or electronic
 2248  instructional materials that align with state standards included
 2249  on the state-adopted list, except as otherwise authorized in
 2250  paragraphs (b) and (c). This section does not apply to a
 2251  district school board or a consortium of school districts which
 2252  implements an instructional materials program pursuant to s.
 2253  1006.283, except that by the 2015-2016 fiscal year, each
 2254  district school board shall use at least 50 percent of the
 2255  annual allocation for the purchase of digital or electronic
 2256  instructional materials that align with state standards.
 2257         (8) Subsections (3), (4), and (6) do not apply to a
 2258  district school board or a consortium of school districts that
 2259  implements an instructional materials program pursuant to s.
 2260  1006.283 except that, by the 2015-2016 fiscal year, each
 2261  district school board shall use at least 50 percent of the
 2262  annual instructional materials allocation for the purchase of
 2263  digital or electronic instructional materials that align with
 2264  state standards adopted by the State Board of Education pursuant
 2265  to s. 1003.41.
 2266         Section 64. Section 1006.42, Florida Statutes, is amended
 2267  to read:
 2268         1006.42 Responsibility of students and parents for
 2269  instructional materials.—
 2270         (1) All instructional materials purchased under the
 2271  provisions of this part are the property of the district school
 2272  board. When distributed to the students, these instructional
 2273  materials are on loan to the students while they are pursuing
 2274  their courses of study and are to be returned at the direction
 2275  of the school principal or the teacher in charge. Each parent of
 2276  a student to whom or for whom instructional materials have been
 2277  issued, is liable for any loss or destruction of, or unnecessary
 2278  damage to, the instructional materials or for failure of the
 2279  student to return the instructional materials when directed by
 2280  the school principal or the teacher in charge, and shall pay for
 2281  such loss, destruction, or unnecessary damage as provided under
 2282  s. 1006.28(3) by law.
 2283         (2) Nothing in this part shall be construed to prohibit
 2284  parents from exercising their right to purchase instructional
 2285  materials from the district school board.
 2286         Section 65. Section 1007.02, Florida Statutes, is amended
 2287  to read:
 2288         1007.02 Access to postsecondary education and meaningful
 2289  careers for Students with disabilities; popular name;
 2290  definition.—
 2291         (1) This section shall be known by the popular name the
 2292  “Enhanced New Needed Opportunity for Better Life and Education
 2293  for Students with Disabilities (ENNOBLES) Act.”
 2294         (2) For the purposes of this chapter act, the term “student
 2295  with a disability” means a any student who is documented as
 2296  having an intellectual disability; a hearing impairment,
 2297  including deafness; a speech or language impairment; a visual
 2298  impairment, including blindness; an emotional or behavioral
 2299  disability; an orthopedic or other health impairment; an autism
 2300  spectrum disorder; a traumatic brain injury; or a specific
 2301  learning disability, including, but not limited to, dyslexia,
 2302  dyscalculia, or developmental aphasia.
 2303         Section 66. Paragraph (a) of subsection (1) and subsection
 2304  (3) of section 1007.2615, Florida Statutes, are amended to read:
 2305         1007.2615 American Sign Language; findings; foreign
 2306  language credits authorized; teacher licensing.—
 2307         (1) LEGISLATIVE FINDINGS; PURPOSE.—
 2308         (a) The Legislature finds that:
 2309         1. American Sign Language (ASL) is a fully developed
 2310  visual-gestural language with distinct grammar, syntax, and
 2311  symbols and is one of hundreds of signed languages of the world.
 2312         2. ASL is recognized as the language of the American deaf
 2313  community and is the fourth most commonly used language in the
 2314  United States and Canada.
 2315         3. The American deaf community is a group of citizens who
 2316  are members of a unique culture who share ASL as their common
 2317  language.
 2318         4. Thirty-three state legislatures have adopted legislation
 2319  recognizing ASL as a language that should be taught in schools.
 2320         (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF
 2321  EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN
 2322  FOR POSTSECONDARY EDUCATION PROVIDERS.—
 2323         (a) The Commissioner of Education shall appoint a seven
 2324  member task force that includes representatives from two state
 2325  universities and one private college or university located
 2326  within this state which currently offer a 4-year deaf education
 2327  or sign language interpretation program as a part of their
 2328  respective curricula, two representatives from the Florida
 2329  American Sign Language Teachers’ Association (FASLTA), and two
 2330  representatives from Florida College System institutions located
 2331  within this state which have established Interpreter Training
 2332  Programs (ITPs). This task force shall develop and submit to the
 2333  Commissioner of Education a report that contains the most up-to
 2334  date information about American Sign Language (ASL) and
 2335  guidelines for developing and maintaining ASL courses as a part
 2336  of the curriculum. This information must be made available to
 2337  any administrator of a public or an independent school upon
 2338  request of the administrator.
 2339         (a)(b) By January 1, 2005, The State Board of Education
 2340  shall adopt rules establishing licensing/certification standards
 2341  to be applied to teachers who teach American Sign Language (ASL)
 2342  ASL as part of a school curriculum. In developing the rules, the
 2343  state board shall consult with the task force established under
 2344  paragraph (a).
 2345         (b)(c) An ASL teacher must be certified by the Department
 2346  of Education by July 1, 2009.
 2347         (c)(d) The Commissioner of Education shall work with
 2348  providers of postsecondary education, except for state
 2349  universities, to develop and implement a plan to ensure that
 2350  these institutions in this state will accept secondary school
 2351  credits in ASL as credits in a foreign language and to encourage
 2352  postsecondary institutions to offer ASL courses to students as a
 2353  fulfillment of the requirement for studying a foreign language.
 2354         Section 67. Subsection (4) of section 1007.263, Florida
 2355  Statutes, is amended to read:
 2356         1007.263 Florida College System institutions; admissions of
 2357  students.—Each Florida College System institution board of
 2358  trustees is authorized to adopt rules governing admissions of
 2359  students subject to this section and rules of the State Board of
 2360  Education. These rules shall include the following:
 2361         (4) A student who has been awarded a special diploma under
 2362  as defined in s. 1003.438 or a certificate of completion under
 2363  as defined in s. 1003.4282 1003.428(7)(b) is eligible to enroll
 2364  in certificate career education programs.
 2365  
 2366  Each board of trustees shall establish policies that notify
 2367  students about developmental education options for improving
 2368  their communication or computation skills that are essential to
 2369  performing college-level work, including tutoring, extended time
 2370  in gateway courses, free online courses, adult basic education,
 2371  adult secondary education, or private provider instruction.
 2372         Section 68. Subsection (1) of section 1007.264, Florida
 2373  Statutes, is amended to read:
 2374         1007.264 Persons with disabilities; admission to
 2375  postsecondary educational institutions; substitute requirements;
 2376  rules and regulations.—
 2377         (1) A Any student with a disability, as defined in s.
 2378  1007.02(2), who is otherwise eligible shall be eligible for
 2379  reasonable substitution for any requirement for admission into a
 2380  public postsecondary educational institution where documentation
 2381  can be provided that the person’s failure to meet the admission
 2382  requirement is related to the disability.
 2383         Section 69. Subsection (1) of section 1007.265, Florida
 2384  Statutes, is amended to read:
 2385         1007.265 Persons with disabilities; graduation, study
 2386  program admission, and upper-division entry; substitute
 2387  requirements; rules and regulations.—
 2388         (1) A Any student with a disability, as defined in s.
 2389  1007.02(2), in a public postsecondary educational institution
 2390  shall be eligible for reasonable substitution for any
 2391  requirement for graduation, for admission into a program of
 2392  study, or for entry into the upper division where documentation
 2393  can be provided that the person’s failure to meet the
 2394  requirement is related to the disability and where failure to
 2395  meet the graduation requirement or program admission requirement
 2396  does not constitute a fundamental alteration in the nature of
 2397  the program.
 2398         Section 70. Subsections (2) and (9) of section 1007.271,
 2399  Florida Statutes, are amended to read:
 2400         1007.271 Dual enrollment programs.—
 2401         (2) For the purpose of this section, an eligible secondary
 2402  student is a student who is enrolled in any of grades 6 through
 2403  12 in a Florida public secondary school or in a Florida private
 2404  secondary school that which is in compliance with s. 1002.42(2)
 2405  and provides a secondary curriculum pursuant to s. 1003.428 or
 2406  s. 1003.4282. Students who are eligible for dual enrollment
 2407  pursuant to this section may enroll in dual enrollment courses
 2408  conducted during school hours, after school hours, and during
 2409  the summer term. However, if the student is projected to
 2410  graduate from high school before the scheduled completion date
 2411  of a postsecondary course, the student may not register for that
 2412  course through dual enrollment. The student may apply to the
 2413  postsecondary institution and pay the required registration,
 2414  tuition, and fees if the student meets the postsecondary
 2415  institution’s admissions requirements under s. 1007.263.
 2416  Instructional time for dual enrollment may vary from 900 hours;
 2417  however, the full-time equivalent student membership value shall
 2418  be subject to the provisions in s. 1011.61(4). A Any student
 2419  enrolled as a dual enrollment student is exempt from the payment
 2420  of registration, tuition, and laboratory fees. Applied academics
 2421  for adult education instruction, developmental education, and
 2422  other forms of precollegiate instruction, as well as physical
 2423  education courses that focus on the physical execution of a
 2424  skill rather than the intellectual attributes of the activity,
 2425  are ineligible for inclusion in the dual enrollment program.
 2426  Recreation and leisure studies courses shall be evaluated
 2427  individually in the same manner as physical education courses
 2428  for potential inclusion in the program.
 2429         (9) The Commissioner of Education shall appoint faculty
 2430  committees representing public school, Florida College System
 2431  institution, and university faculties to identify postsecondary
 2432  courses that meet the high school graduation requirements of s.
 2433  1003.428 or s. 1003.4282 and to establish the number of
 2434  postsecondary semester credit hours of instruction and
 2435  equivalent high school credits earned through dual enrollment
 2436  pursuant to this section that are necessary to meet high school
 2437  graduation requirements. Such equivalencies shall be determined
 2438  solely on comparable course content and not on seat time
 2439  traditionally allocated to such courses in high school. The
 2440  Commissioner of Education shall recommend to the State Board of
 2441  Education those postsecondary courses identified to meet high
 2442  school graduation requirements, based on mastery of course
 2443  outcomes, by their course numbers, and all high schools shall
 2444  accept these postsecondary education courses toward meeting the
 2445  requirements of s. 1003.428 or s. 1003.4282.
 2446         Section 71. Subsections (3), (7), and (8) of section
 2447  1008.22, Florida Statutes, are amended to read:
 2448         1008.22 Student assessment program for public schools.—
 2449         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 2450  Commissioner of Education shall design and implement a
 2451  statewide, standardized assessment program aligned to the core
 2452  curricular content established in the Next Generation Sunshine
 2453  State Standards. The commissioner also must develop or select
 2454  and implement a common battery of assessment tools that will be
 2455  used in all juvenile justice education programs in the state.
 2456  These tools must accurately measure the core curricular content
 2457  established in the Next Generation Sunshine State Standards.
 2458  Participation in the assessment program is mandatory for all
 2459  school districts and all students attending public schools,
 2460  including adult students seeking a standard an adult high school
 2461  diploma under s. 1003.4282 and students in Department of
 2462  Juvenile Justice education programs, except as otherwise
 2463  provided by law prescribed by the commissioner. If a student
 2464  does not participate in the assessment program, the school
 2465  district must notify the student’s parent and provide the parent
 2466  with information regarding the implications of such
 2467  nonparticipation. The statewide, standardized assessment program
 2468  shall be designed and implemented as follows:
 2469         (a) Statewide, standardized comprehensive assessments
 2470  Florida Comprehensive Assessment Test (FCAT) until replaced by
 2471  common core assessments.The statewide, standardized FCAT
 2472  Reading assessment shall be administered annually in grades 3
 2473  through 10. The statewide, standardized Writing assessment shall
 2474  be administered annually at least once at the elementary,
 2475  middle, and high school levels. When the Reading and Writing
 2476  assessments are replaced by English Language Arts (ELA)
 2477  assessments, ELA assessments shall be administered to students
 2478  in grades 3 through 11. Retake opportunities for the grade 10
 2479  Reading assessment or, upon implementation, the grade 10 ELA
 2480  assessment must be provided. Students taking the ELA assessments
 2481  shall not take the statewide, standardized assessments in
 2482  Reading or Writing. ELA assessments shall be administered
 2483  online. The statewide, standardized; FCAT Mathematics
 2484  assessments shall be administered annually in grades 3 through
 2485  8. Students taking a revised Mathematics assessment shall not
 2486  take the discontinued assessment. The statewide, standardized;
 2487  FCAT Writing shall be administered annually at least once at the
 2488  elementary, middle, and high school levels; and FCAT Science
 2489  assessment shall be administered annually at least once at the
 2490  elementary and middle grades levels. In order to earn a standard
 2491  high school diploma, a student who has not earned a passing
 2492  score on the grade 10 FCAT Reading assessment or, upon
 2493  implementation, the grade 10 ELA assessment must earn a passing
 2494  score on the assessment retake or earn a concordant score as
 2495  authorized under subsection (7) must participate in each retake
 2496  of the assessment until the student earns a passing score. The
 2497  commissioner shall recommend and the State Board of Education
 2498  must adopt a score on both the SAT and ACT that is concordant to
 2499  a passing score on grade 10 FCAT Reading that, if achieved by a
 2500  student, meets the must-pass requirement for grade 10 FCAT
 2501  Reading.
 2502         (b) End-of-course (EOC) assessments.—EOC assessments must
 2503  be statewide, standardized, and developed or approved by the
 2504  Department of Education as follows:
 2505         1. Statewide, standardized EOC assessments in mathematics
 2506  shall be administered according to this subparagraph. Beginning
 2507  with the 2010-2011 school year, all students enrolled in Algebra
 2508  I must take the Algebra I EOC assessment. Except as otherwise
 2509  provided in paragraph (c) this section, beginning with students
 2510  entering grade 9 in the 2011-2012 school year, a student who is
 2511  enrolled in Algebra I must earn a passing score on the Algebra I
 2512  EOC assessment or attain a comparative score as authorized under
 2513  subsection (8) in order to earn a standard high school diploma.
 2514  In order to earn a standard high school diploma, a student who
 2515  has not earned a passing score on the Algebra I EOC assessment
 2516  must earn a passing score on the assessment retake or a
 2517  comparative score as authorized under subsection (8) must
 2518  participate in each retake of the assessment until the student
 2519  earns a passing score. Beginning with the 2011-2012 school year,
 2520  all students enrolled in Geometry must take the Geometry EOC
 2521  assessment. Middle grades students enrolled in Algebra I, or
 2522  Geometry, or Biology I must take the statewide, standardized EOC
 2523  assessment for those courses and shall are not required to take
 2524  the corresponding subject and grade-level statewide,
 2525  standardized assessment FCAT. When a statewide, standardized EOC
 2526  assessment in Algebra II is administered, all students enrolled
 2527  in Algebra II must take the EOC assessment. Pursuant to the
 2528  commissioner’s implementation schedule, student performance on
 2529  the Algebra II EOC assessment constitutes 30 percent of a
 2530  student’s final course grade.
 2531         2. Statewide, standardized EOC assessments in science shall
 2532  be administered according to this subparagraph. Beginning with
 2533  the 2011-2012 school year, all students enrolled in Biology I
 2534  must take the Biology I EOC assessment. Beginning with students
 2535  entering grade 9 in the 2013-2014 school year, performance on
 2536  the Biology I EOC assessment constitutes 30 percent of the
 2537  student’s final course grade.
 2538         3. During the 2012-2013 school year, an EOC assessment in
 2539  civics education shall be administered as a field test at the
 2540  middle grades level. Beginning with the 2013-2014 school year,
 2541  each student’s performance on the statewide, standardized middle
 2542  grades Civics EOC assessment in civics education constitutes 30
 2543  percent of the student’s final course grade in civics education.
 2544         4. The commissioner may select one or more nationally
 2545  developed comprehensive examinations, which may include
 2546  examinations for a College Board Advanced Placement course,
 2547  International Baccalaureate course, or Advanced International
 2548  Certificate of Education course, or industry-approved
 2549  examinations to earn national industry certifications identified
 2550  in the Industry Certification Funding List, for use as EOC
 2551  assessments under this paragraph if the commissioner determines
 2552  that the content knowledge and skills assessed by the
 2553  examinations meet or exceed the grade-level expectations for the
 2554  core curricular content established for the course in the Next
 2555  Generation Sunshine State Standards. Use of any such examination
 2556  as an EOC assessment must be approved by the state board in
 2557  rule.
 2558         5. Contingent upon funding provided in the General
 2559  Appropriations Act, including the appropriation of funds
 2560  received through federal grants, the commissioner may establish
 2561  an implementation schedule for the development and
 2562  administration of additional statewide, standardized EOC
 2563  assessments that must be approved by the state board, in rule.
 2564  If approved by the state board, student performance on such
 2565  assessments constitutes 30 percent of a student’s final course
 2566  grade.
 2567         6. All statewide, standardized EOC assessments must be
 2568  administered online except as otherwise provided in paragraph
 2569  (c).
 2570         (c) Students with disabilities; Florida Alternate
 2571  Assessment.—
 2572         1. Each district school board must provide instruction to
 2573  prepare students with disabilities in the core content knowledge
 2574  and skills necessary for successful grade-to-grade progression
 2575  and high school graduation.
 2576         2. A student with a disability, as defined in s. 1007.02
 2577  1007.02(2), for whom the individual education plan (IEP) team
 2578  determines that the statewide, standardized assessments under
 2579  this section cannot accurately measure the student’s abilities,
 2580  taking into consideration all allowable accommodations, shall
 2581  have assessment results waived for the purpose of receiving a
 2582  course grade and a standard high school diploma. Such waiver
 2583  shall be designated on the student’s transcript. The statement
 2584  of waiver shall be limited to a statement that performance on an
 2585  assessment was waived for the purpose of receiving a course
 2586  grade or a standard high school diploma, as applicable.
 2587         3. The State Board of Education shall adopt rules, based
 2588  upon recommendations of the commissioner, for the provision of
 2589  assessment accommodations for students with disabilities and for
 2590  students who have limited English proficiency.
 2591         a. Accommodations that negate the validity of a statewide,
 2592  standardized assessment are not allowed during the
 2593  administration of the assessment. However, instructional
 2594  accommodations are allowed in the classroom if identified in a
 2595  student’s IEP. Students using instructional accommodations in
 2596  the classroom that are not allowed on a statewide, standardized
 2597  assessment may have assessment results waived if the IEP team
 2598  determines that the assessment cannot accurately measure the
 2599  student’s abilities.
 2600         b. If a student is provided with instructional
 2601  accommodations in the classroom that are not allowed as
 2602  accommodations for statewide, standardized assessments, the
 2603  district must inform the parent in writing and provide the
 2604  parent with information regarding the impact on the student’s
 2605  ability to meet expected performance levels. A parent must
 2606  provide signed consent for a student to receive classroom
 2607  instructional accommodations that would not be available or
 2608  permitted on a statewide, standardized assessment and
 2609  acknowledge in writing that he or she understands the
 2610  implications of such instructional accommodations.
 2611         c. If a student’s IEP states that online administration of
 2612  a statewide, standardized assessment will significantly impair
 2613  the student’s ability to perform, the assessment shall be
 2614  administered in hard copy.
 2615         4. For students with significant cognitive disabilities,
 2616  the Department of Education shall provide for implementation of
 2617  the Florida Alternate Assessment to accurately measure the core
 2618  curricular content established in the Next Generation Sunshine
 2619  State Standards.
 2620         (d) Implementation schedule Common core assessments in
 2621  English Language Arts (ELA) and mathematics.—
 2622         1. Contingent upon funding, common core assessments in ELA
 2623  shall be administered to students in grades 3 through 11. Retake
 2624  opportunities for the grade 10 assessment must be provided.
 2625  Students taking the ELA assessments are not required to take the
 2626  assessments in FCAT Reading or FCAT Writing. Common core ELA
 2627  assessments shall be administered online.
 2628         2. Contingent upon funding, common core assessments in
 2629  mathematics shall be administered to all students in grades 3
 2630  through 8, and common core assessments in Algebra I, Geometry,
 2631  and Algebra II shall be administered to students enrolled in
 2632  those courses. Retake opportunities must be provided for the
 2633  Algebra I assessment. Students may take the common core
 2634  mathematics assessments pursuant to the Credit Acceleration
 2635  Program (CAP) under s. 1003.4295(3). Students taking common core
 2636  assessments in mathematics are not required to take FCAT
 2637  Mathematics or statewide, standardized EOC assessments in
 2638  mathematics. Common core mathematics assessments shall be
 2639  administered online.
 2640         1.3. The Commissioner State Board of Education shall
 2641  establish and publish on the department’s website adopt rules
 2642  establishing an implementation schedule to transition from the
 2643  statewide, standardized FCAT Reading and, FCAT Writing
 2644  assessments to the ELA assessments and to the revised, FCAT
 2645  Mathematics assessments, including the, and Algebra I and
 2646  Geometry EOC assessments to common core assessments in English
 2647  Language Arts and mathematics. The schedule must take into
 2648  consideration funding, sufficient field and baseline data,
 2649  access to assessments, instructional alignment, and school
 2650  district readiness to administer the common core assessments
 2651  online. Until the 10th grade common core ELA and Algebra I
 2652  assessments become must-pass assessments, students must pass
 2653  10th grade FCAT Reading and the Algebra I EOC assessment, or
 2654  achieve a concordant or comparative score as authorized under
 2655  this section, in order to earn a standard high school diploma
 2656  under s. 1003.4282. Students taking 10th grade FCAT Reading or
 2657  the Algebra I EOC assessment are not required to take the
 2658  respective common core assessments.
 2659         2.4. The Department of Education shall publish minimum and
 2660  recommended technology requirements that include specifications
 2661  for hardware, software, networking, security, and broadband
 2662  capacity to facilitate school district compliance with the
 2663  requirement that common core assessments be administered online.
 2664         (e) Assessment scores and achievement levels.—
 2665         1. All statewide, standardized EOC assessments and FCAT
 2666  Reading, FCAT Writing, and FCAT Science assessments shall use
 2667  scaled scores and achievement levels. Achievement levels shall
 2668  range from 1 through 5, with level 1 being the lowest
 2669  achievement level, level 5 being the highest achievement level,
 2670  and level 3 indicating satisfactory performance on an
 2671  assessment. For purposes of the statewide, standardized FCAT
 2672  Writing assessment, student achievement shall be scored using a
 2673  scale of 1 through 6.
 2674         2. The state board shall designate by rule a passing score
 2675  for each statewide, standardized EOC and FCAT assessment. In
 2676  addition, the state board shall designate a score for each
 2677  statewide, standardized EOC assessment that indicates that a
 2678  student is high achieving and has the potential to meet college
 2679  readiness standards by the time the student graduates from high
 2680  school.
 2681         3. If the commissioner seeks to revise a statewide,
 2682  standardized assessment and the revisions require the state
 2683  board to modify performance level scores, including the passing
 2684  score, the commissioner shall provide a copy of the proposed
 2685  scores and implementation plan to the President of the Senate
 2686  and the Speaker of the House of Representatives at least 90 days
 2687  before submission to the state board for review. Until the state
 2688  board adopts the modifications by rule, the commissioner shall
 2689  use calculations for scoring the assessment that adjust student
 2690  scores on the revised assessment for statistical equivalence to
 2691  student scores on the former assessment. The state board shall
 2692  adopt by rule the passing score for the revised assessment that
 2693  is statistically equivalent to the passing score on the
 2694  discontinued assessment for a student who is required to attain
 2695  a passing score on the discontinued assessment. The commissioner
 2696  may, with approval of the state board, discontinue
 2697  administration of the former assessment upon the graduation,
 2698  based on normal student progression, of students participating
 2699  in the final regular administration of the former assessment. If
 2700  the commissioner revises a statewide, standardized assessment
 2701  and the revisions require the state board to modify the passing
 2702  score, only students taking the assessment for the first time
 2703  after the rule is adopted are affected.
 2704         (f) Assessment schedules and reporting of results.—The
 2705  Commissioner of Education shall establish schedules for the
 2706  administration of assessments and the reporting of student
 2707  assessment results. The commissioner shall consider the
 2708  observance of religious and school holidays when developing the
 2709  schedule. By August 1 of each year, the commissioner shall
 2710  notify each school district in writing and publish on the
 2711  department’s website the assessment and reporting schedules for,
 2712  at a minimum, the school year following the upcoming school
 2713  year. The assessment and reporting schedules must provide the
 2714  earliest possible reporting of student assessment results to the
 2715  school districts. Assessment results for the statewide,
 2716  standardized FCAT Reading assessments, or upon implementation
 2717  the ELA assessments, and FCAT Mathematics assessments, including
 2718  the EOC assessments in Algebra I and Geometry, must be made
 2719  available no later than the week of June 8. The administration
 2720  of the statewide, standardized FCAT Writing assessment and the
 2721  Florida Alternate Assessment may be no earlier than the week of
 2722  March 1. School districts shall administer assessments in
 2723  accordance with the schedule established by the commissioner.
 2724         (g) Prohibited activities.—A district school board shall
 2725  prohibit each public school from suspending a regular program of
 2726  curricula for purposes of administering practice assessments or
 2727  engaging in other assessment-preparation activities for a
 2728  statewide, standardized assessment. However, a district school
 2729  board may authorize a public school to engage in the following
 2730  assessment-preparation activities:
 2731         1. Distributing to students sample assessment books and
 2732  answer keys published by the Department of Education.
 2733         2. Providing individualized instruction in assessment
 2734  taking strategies, without suspending the school’s regular
 2735  program of curricula, for a student who scores Level 1 or Level
 2736  2 on a prior administration of an assessment.
 2737         3. Providing individualized instruction in the content
 2738  knowledge and skills assessed, without suspending the school’s
 2739  regular program of curricula, for a student who scores Level 1
 2740  or Level 2 on a prior administration of an assessment or a
 2741  student who, through a diagnostic assessment administered by the
 2742  school district, is identified as having a deficiency in the
 2743  content knowledge and skills assessed.
 2744         4. Administering a practice assessment or engaging in other
 2745  assessment-preparation activities that are determined necessary
 2746  to familiarize students with the organization of the assessment,
 2747  the format of assessment items, and the assessment directions or
 2748  that are otherwise necessary for the valid and reliable
 2749  administration of the assessment, as set forth in rules adopted
 2750  by the State Board of Education with specific reference to this
 2751  paragraph.
 2752         (h) Contracts for assessments.—The commissioner shall
 2753  provide for the assessments to be developed or obtained, as
 2754  appropriate, through contracts and project agreements with
 2755  private vendors, public vendors, public agencies, postsecondary
 2756  educational institutions, or school districts. The commissioner
 2757  may enter into contracts for the continued administration of the
 2758  assessments authorized and funded by the Legislature. Contracts
 2759  may be initiated in 1 fiscal year and continue into the next
 2760  fiscal year and may be paid from the appropriations of either or
 2761  both fiscal years. The commissioner may negotiate for the sale
 2762  or lease of tests, scoring protocols, test scoring services, and
 2763  related materials developed pursuant to law.
 2764         (7) CONCORDANT SCORES FOR 10TH GRADE FCAT READING.—Until
 2765  the state transitions to common core English Language Arts
 2766  assessments, The Commissioner of Education must identify scores
 2767  on the SAT and ACT that if achieved satisfy the graduation
 2768  requirement that a student pass the grade 10 statewide,
 2769  standardized 10th grade FCAT Reading assessment or, upon
 2770  implementation, the grade 10 ELA assessment. The commissioner
 2771  may identify concordant scores on other assessments other than
 2772  the SAT and ACT as well. If the content or scoring procedures
 2773  change for the grade 10 Reading assessment or, upon
 2774  implementation, the grade 10 ELA assessment 10th grade FCAT
 2775  Reading, new concordant scores must be determined. If new
 2776  concordant scores are not timely adopted, the last-adopted
 2777  concordant scores remain in effect until such time as new scores
 2778  are adopted. The state board shall adopt concordant scores in
 2779  rule.
 2780         (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC) ASSESSMENT
 2781  ASSESSMENTS.—The Commissioner of Education must identify one or
 2782  more comparative scores for the Algebra I EOC assessment and may
 2783  identify comparative scores for the other EOC assessments. If
 2784  the content or scoring procedures change for the EOC assessment
 2785  assessments, new comparative scores must be determined. If new
 2786  comparative scores are not timely adopted, the last-adopted
 2787  comparative scores remain in effect until such time as new
 2788  scores are adopted. The state board shall adopt comparative
 2789  scores in rule.
 2790         Section 72. Paragraph (h) of subsection (2), paragraph (a)
 2791  of subsection (4), paragraph (b) of subsection (6), and
 2792  paragraph (b) of subsection (7) of section 1008.25, Florida
 2793  Statutes, are amended to read:
 2794         1008.25 Public school student progression; remedial
 2795  instruction; reporting requirements.—
 2796         (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
 2797  school board shall establish a comprehensive plan for student
 2798  progression which must:
 2799         (h) Provide instructional sequences by which students in
 2800  kindergarten through high school may attain progressively higher
 2801  levels of skill in the use of digital tools and applications.
 2802  The instructional sequences must include participation in
 2803  curricular and instructional options and the demonstration of
 2804  competence of standards required pursuant to ss. 1003.41 and
 2805  1003.4203 through attainment of industry certifications and
 2806  other means of demonstrating credit requirements identified
 2807  under ss. 1002.3105, 1003.4203, 1003.428, and 1003.4282.
 2808         (4) ASSESSMENT AND REMEDIATION.—
 2809         (a) Each student must participate in the statewide,
 2810  standardized assessment program required by s. 1008.22. Each
 2811  student who does not meet specific levels of performance on the
 2812  required assessments as determined by the district school board
 2813  or who scores below Level 3 on the statewide, standardized
 2814  Reading assessment or, upon implementation, the English Language
 2815  Arts assessment or on the statewide, standardized Mathematics
 2816  assessments in grades 3 through 8 and the Algebra I EOC
 2817  assessment FCAT Reading or FCAT Mathematics or on the common
 2818  core English Language Arts or mathematics assessments as
 2819  applicable under s. 1008.22 must be provided with additional
 2820  diagnostic assessments to determine the nature of the student’s
 2821  difficulty, the areas of academic need, and strategies for
 2822  appropriate intervention and instruction as described in
 2823  paragraph (b).
 2824         (6) ELIMINATION OF SOCIAL PROMOTION.—
 2825         (b) The district school board may only exempt students from
 2826  mandatory retention, as provided in paragraph (5)(b), for good
 2827  cause. Good cause exemptions shall be limited to the following:
 2828         1. Limited English proficient students who have had less
 2829  than 2 years of instruction in an English for Speakers of Other
 2830  Languages program.
 2831         2. Students with disabilities whose individual education
 2832  plan indicates that participation in the statewide assessment
 2833  program is not appropriate, consistent with the requirements of
 2834  s. 1008.212 State Board of Education rule.
 2835         3. Students who demonstrate an acceptable level of
 2836  performance on an alternative standardized reading or English
 2837  Language Arts assessment approved by the State Board of
 2838  Education.
 2839         4. A student who demonstrates through a student portfolio
 2840  that he or she is performing at least at Level 2 on the
 2841  statewide, standardized FCAT Reading assessment or, upon
 2842  implementation, the common core English Language Arts
 2843  assessment, as applicable under s. 1008.22.
 2844         5. Students with disabilities who take the statewide,
 2845  standardized participate in FCAT Reading assessment or, upon
 2846  implementation, the common core English Language Arts
 2847  assessment, as applicable under s. 1008.22, and who have an
 2848  individual education plan or a Section 504 plan that reflects
 2849  that the student has received intensive remediation in reading
 2850  or and English Language Arts for more than 2 years but still
 2851  demonstrates a deficiency and was previously retained in
 2852  kindergarten, grade 1, grade 2, or grade 3.
 2853         6. Students who have received intensive remediation in
 2854  reading or and English Language Arts, as applicable under s.
 2855  1008.22, for 2 or more years but still demonstrate a deficiency
 2856  and who were previously retained in kindergarten, grade 1, grade
 2857  2, or grade 3 for a total of 2 years. Intensive instruction for
 2858  students so promoted must include an altered instructional day
 2859  that includes specialized diagnostic information and specific
 2860  reading strategies for each student. The district school board
 2861  shall assist schools and teachers to implement reading
 2862  strategies that research has shown to be successful in improving
 2863  reading among low-performing readers.
 2864         (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE
 2865  STUDENTS.—
 2866         (b) Each school district shall:
 2867         1. Provide third grade students who are retained under the
 2868  provisions of paragraph (5)(b) with intensive instructional
 2869  services and supports to remediate the identified areas of
 2870  reading deficiency, including participation in the school
 2871  district’s summer reading camp as required under paragraph (a)
 2872  and a minimum of 90 minutes of daily, uninterrupted,
 2873  scientifically research-based reading instruction which includes
 2874  phonemic awareness, phonics, fluency, vocabulary, and
 2875  comprehension and other strategies prescribed by the school
 2876  district, which may include, but are not limited to:
 2877         a. Integration of science and social studies content within
 2878  the 90-minute block.
 2879         b. Small group instruction.
 2880         c. Reduced teacher-student ratios.
 2881         d. More frequent progress monitoring.
 2882         e. Tutoring or mentoring.
 2883         f. Transition classes containing 3rd and 4th grade
 2884  students.
 2885         g. Extended school day, week, or year.
 2886         2. Provide written notification to the parent of a any
 2887  student who is retained under the provisions of paragraph (5)(b)
 2888  that his or her child has not met the proficiency level required
 2889  for promotion and the reasons the child is not eligible for a
 2890  good cause exemption as provided in paragraph (6)(b). The
 2891  notification must comply with the provisions of s. 1002.20(15)
 2892  and must include a description of proposed interventions and
 2893  supports that will be provided to the child to remediate the
 2894  identified areas of reading deficiency.
 2895         3. Implement a policy for the midyear promotion of a any
 2896  student retained under the provisions of paragraph (5)(b) who
 2897  can demonstrate that he or she is a successful and independent
 2898  reader and performing at or above grade level in reading or,
 2899  upon implementation of and English Language Arts assessments,
 2900  performing at or above grade level in English Language Arts, as
 2901  applicable under s. 1008.22. Tools that school districts may use
 2902  in reevaluating a any student retained may include subsequent
 2903  assessments, alternative assessments, and portfolio reviews, in
 2904  accordance with rules of the State Board of Education.
 2905         4. Provide students who are retained under the provisions
 2906  of paragraph (5)(b) with a highly effective teacher as
 2907  determined by the teacher’s performance evaluation under s.
 2908  1012.34.
 2909         5. Establish at each school, when applicable, an Intensive
 2910  Acceleration Class for retained grade 3 students who
 2911  subsequently score Level 1 on the required statewide,
 2912  standardized assessment identified in s. 1008.22. The focus of
 2913  the Intensive Acceleration Class shall be to increase a child’s
 2914  reading and English Language Arts skill level at least two grade
 2915  levels in 1 school year. The Intensive Acceleration Class shall:
 2916         a. Be provided to a any student in grade 3 who scores Level
 2917  1 on the statewide, standardized FCAT Reading assessment or,
 2918  upon implementation, the common core English Language Arts
 2919  assessment, as applicable under s. 1008.22, and who was retained
 2920  in grade 3 the prior year because of scoring Level 1.
 2921         b. Have a reduced teacher-student ratio.
 2922         c. Provide uninterrupted reading instruction for the
 2923  majority of student contact time each day and incorporate
 2924  opportunities to master the grade 4 Next Generation Sunshine
 2925  State Standards in other core subject areas.
 2926         d. Use a reading program that is scientifically research
 2927  based and has proven results in accelerating student reading
 2928  achievement within the same school year.
 2929         e. Provide intensive language and vocabulary instruction
 2930  using a scientifically research-based program, including use of
 2931  a speech-language therapist.
 2932         Section 73. Paragraphs (b) and (c) of subsection (4) and
 2933  subsections (5) and (7) of section 1008.33, Florida Statutes,
 2934  are amended to read:
 2935         1008.33 Authority to enforce public school improvement.—
 2936         (4)
 2937         (b) Except as provided in subsection (5), The turnaround
 2938  options available to a school district to address a school that
 2939  earns a grade of “F” are:
 2940         1. Convert the school to a district-managed turnaround
 2941  school;
 2942         2. Reassign students to another school and monitor the
 2943  progress of each reassigned student;
 2944         3. Close the school and reopen the school as one or more
 2945  charter schools, each with a governing board that has a
 2946  demonstrated record of effectiveness;
 2947         4. Contract with an outside entity that has a demonstrated
 2948  record of effectiveness to operate the school; or
 2949         5. Implement a hybrid of turnaround options set forth in
 2950  subparagraphs 1.-4. or other turnaround models that have a
 2951  demonstrated record of effectiveness.
 2952         (c) Except for schools required to implement a turnaround
 2953  option pursuant to subsection (5), A school earning a grade of
 2954  “F” shall have a planning year followed by 2 full school years
 2955  to implement the initial turnaround option selected by the
 2956  school district and approved by the state board. Implementation
 2957  of the turnaround option is no longer required if the school
 2958  improves by at least one letter grade.
 2959         (5) A school that earns a grade of “F” within 2 years after
 2960  raising its grade from a grade of “F” or that earns a grade of
 2961  “F” within 2 years after exiting the lowest-performing category
 2962  under s. 3, chapter 2009-144, Laws of Florida, must implement
 2963  one of the turnaround options in subparagraphs (4)(b)2.-5.
 2964         (7) A school classified in the lowest-performing category
 2965  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
 2966  2012, is not required to continue implementing any turnaround
 2967  option unless the school earns a grade of “F” or a third
 2968  consecutive “D” for the 2011-2012 school year. A school earning
 2969  a grade of “F” or a third consecutive “D” for the 2011-2012
 2970  school year may not restart the number of years it has been low
 2971  performing by virtue of the 2012 amendments to this section.
 2972         Section 74. Section 1008.331, Florida Statutes, is
 2973  repealed.
 2974         Section 75. Subsection (2) of section 1008.3415, Florida
 2975  Statutes, is amended to read:
 2976         1008.3415 School grade or school improvement rating for
 2977  exceptional student education centers.—
 2978         (2) Notwithstanding s. 1008.34(3)(c)3., the achievement
 2979  scores and learning gains of a student with a disability who
 2980  attends an exceptional student education center and has not been
 2981  enrolled in or attended a public school other than an
 2982  exceptional student education center for grades K-12 within the
 2983  school district shall not be included in the calculation of the
 2984  home school’s grade if the student is identified as an emergent
 2985  student on the alternate assessment tool described in s.
 2986  1008.22(3)(c) 1008.22(3)(c)13.
 2987         Section 76. Section 1008.35, Florida Statutes, is repealed.
 2988         Section 77. Subsection (3) of section 1009.22, Florida
 2989  Statutes, is amended to read:
 2990         1009.22 Workforce education postsecondary student fees.—
 2991         (3)(a) Except as otherwise provided by law, fees for
 2992  students who are nonresidents for tuition purposes must offset
 2993  the full cost of instruction. Residency of students shall be
 2994  determined as required in s. 1009.21. Fee-nonexempt students
 2995  enrolled in applied academics for adult education instruction
 2996  shall be charged fees equal to the fees charged for adult
 2997  general education programs. Each Florida College System
 2998  institution that conducts developmental education and applied
 2999  academics for adult education instruction in the same class
 3000  section may charge a single fee for both types of instruction.
 3001         (b) Fees for continuing workforce education shall be
 3002  locally determined by the district school board or Florida
 3003  College System institution board of trustees. Expenditures for
 3004  the continuing workforce education program provided by the
 3005  Florida College System institution or school district must be
 3006  fully supported by fees. Enrollments in continuing workforce
 3007  education courses may not be counted for purposes of funding
 3008  full-time equivalent enrollment.
 3009         (c) Effective July 1, 2011, For programs leading to a
 3010  career certificate or an applied technology diploma, the
 3011  standard tuition shall be $2.22 per contact hour for residents
 3012  and nonresidents and the out-of-state fee shall be $6.66 per
 3013  contact hour. For adult general education programs, a block
 3014  tuition of $45 per half year or $30 per term shall be assessed
 3015  for residents and nonresidents, and the out-of-state fee shall
 3016  be $135 per half year or $90 per term. Each district school
 3017  board and Florida College System institution board of trustees
 3018  shall adopt policies and procedures for the collection of and
 3019  accounting for the expenditure of the block tuition. All funds
 3020  received from the block tuition shall be used only for adult
 3021  general education programs. Students enrolled in adult general
 3022  education programs may not be assessed the fees authorized in
 3023  subsection (5), subsection (6), or subsection (7).
 3024         (d) Beginning with the 2008-2009 fiscal year and each year
 3025  thereafter, The tuition and the out-of-state fee per contact
 3026  hour shall increase at the beginning of each fall semester at a
 3027  rate equal to inflation, unless otherwise provided in the
 3028  General Appropriations Act. The Office of Economic and
 3029  Demographic Research shall report the rate of inflation to the
 3030  President of the Senate, the Speaker of the House of
 3031  Representatives, the Governor, and the State Board of Education
 3032  each year prior to March 1. For purposes of this paragraph, the
 3033  rate of inflation shall be defined as the rate of the 12-month
 3034  percentage change in the Consumer Price Index for All Urban
 3035  Consumers, U.S. City Average, All Items, or successor reports as
 3036  reported by the United States Department of Labor, Bureau of
 3037  Labor Statistics, or its successor for December of the previous
 3038  year. In the event the percentage change is negative, the
 3039  tuition and out-of-state fee shall remain at the same level as
 3040  the prior fiscal year.
 3041         (e) Each district school board and each Florida College
 3042  System institution board of trustees may adopt tuition and out
 3043  of-state fees that may vary no more than 5 percent below or and
 3044  5 percent above the combined total of the standard tuition and
 3045  out-of-state fees established in paragraph (c).
 3046         (f) The maximum increase in resident tuition for any school
 3047  district or Florida College System institution during the 2007
 3048  2008 fiscal year shall be 5 percent over the tuition charged
 3049  during the 2006-2007 fiscal year.
 3050         (f)(g) The State Board of Education may adopt, by rule, the
 3051  definitions and procedures that district school boards and
 3052  Florida College System institution boards of trustees shall use
 3053  in the calculation of cost borne by students.
 3054         Section 78. Paragraph (a) of subsection (1) of section
 3055  1009.40, Florida Statutes, is amended to read:
 3056         1009.40 General requirements for student eligibility for
 3057  state financial aid awards and tuition assistance grants.—
 3058         (1)(a) The general requirements for eligibility of students
 3059  for state financial aid awards and tuition assistance grants
 3060  consist of the following:
 3061         1. Achievement of the academic requirements of and
 3062  acceptance at a state university or Florida College System
 3063  institution; a nursing diploma school approved by the Florida
 3064  Board of Nursing; a Florida college or university which is
 3065  accredited by an accrediting agency recognized by the State
 3066  Board of Education; a any Florida institution the credits of
 3067  which are acceptable for transfer to state universities; a any
 3068  career center; or a any private career institution accredited by
 3069  an accrediting agency recognized by the State Board of
 3070  Education.
 3071         2. Residency in this state for no less than 1 year
 3072  preceding the award of aid or a tuition assistance grant for a
 3073  program established pursuant to s. 1009.50, s. 1009.505, s.
 3074  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 3075  1009.62, s. 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s.
 3076  1009.891. Residency in this state must be for purposes other
 3077  than to obtain an education. Resident status for purposes of
 3078  receiving state financial aid awards shall be determined in the
 3079  same manner as resident status for tuition purposes pursuant to
 3080  s. 1009.21.
 3081         3. Submission of certification attesting to the accuracy,
 3082  completeness, and correctness of information provided to
 3083  demonstrate a student’s eligibility to receive state financial
 3084  aid awards or tuition assistance grants. Falsification of such
 3085  information shall result in the denial of a any pending
 3086  application and revocation of an any award or grant currently
 3087  held to the extent that no further payments shall be made.
 3088  Additionally, students who knowingly make false statements in
 3089  order to receive state financial aid awards or tuition
 3090  assistance grants commit a misdemeanor of the second degree
 3091  subject to the provisions of s. 837.06 and shall be required to
 3092  return all state financial aid awards or tuition assistance
 3093  grants wrongfully obtained.
 3094         Section 79. Subsection (1) of section 1009.531, Florida
 3095  Statutes, is amended to read:
 3096         1009.531 Florida Bright Futures Scholarship Program;
 3097  student eligibility requirements for initial awards.—
 3098         (1) Effective January 1, 2008, In order to be eligible for
 3099  an initial award from any of the three types of scholarships
 3100  under the Florida Bright Futures Scholarship Program, a student
 3101  must:
 3102         (a) Be a Florida resident as defined in s. 1009.40 and
 3103  rules of the State Board of Education.
 3104         (b) Earn a standard Florida high school diploma pursuant to
 3105  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school
 3106  equivalency diploma its equivalent pursuant to s. 1003.428, s.
 3107  1003.4281, s. 1003.4282, or s. 1003.435 unless:
 3108         1. The student completes a home education program according
 3109  to s. 1002.41; or
 3110         2. The student earns a high school diploma from a non
 3111  Florida school while living with a parent or guardian who is on
 3112  military or public service assignment away from Florida.
 3113         (c) Be accepted by and enroll in an eligible Florida public
 3114  or independent postsecondary education institution.
 3115         (d) Be enrolled for at least 6 semester credit hours or the
 3116  equivalent in quarter hours or clock hours.
 3117         (e) Not have been found guilty of, or entered a plea of
 3118  nolo contendere to, a felony charge, unless the student has been
 3119  granted clemency by the Governor and Cabinet sitting as the
 3120  Executive Office of Clemency.
 3121         (f) Apply for a scholarship from the program by high school
 3122  graduation. However, a student who graduates from high school
 3123  midyear must apply no later than August 31 of the student’s
 3124  graduation year in order to be evaluated for and, if eligible,
 3125  receive an award for the current academic year.
 3126         Section 80. Paragraph (c) of subsection (3) of section
 3127  1009.532, Florida Statutes, is amended to read:
 3128         1009.532 Florida Bright Futures Scholarship Program;
 3129  student eligibility requirements for renewal awards.—
 3130         (3)
 3131         (c) A student who is initially eligible in the 2012-2013
 3132  academic year and thereafter may receive an award for a maximum
 3133  of 100 percent of the number of credit hours required to
 3134  complete an associate degree program, a baccalaureate degree
 3135  program, or a postsecondary career certificate program or, for a
 3136  Florida Gold Seal Vocational Scholars award, may receive an
 3137  award for a maximum of 100 percent of the number of credit hours
 3138  or equivalent clock hours required to complete one of the
 3139  following at a Florida public or nonpublic education institution
 3140  that offers these specific programs: for an applied technology
 3141  diploma program as defined in s. 1004.02(7) 1004.02(8), up to 60
 3142  credit hours or equivalent clock hours; for a technical degree
 3143  education program as defined in s. 1004.02(13) 1004.02(14), up
 3144  to the number of hours required for a specific degree not to
 3145  exceed 72 credit hours or equivalent clock hours; or for a
 3146  career certificate program as defined in s. 1004.02(20)
 3147  1004.02(21), up to the number of hours required for a specific
 3148  certificate not to exceed 72 credit hours or equivalent clock
 3149  hours. A student who transfers from one of these program levels
 3150  to another program level becomes eligible for the higher of the
 3151  two credit hour limits.
 3152         Section 81. Paragraph (c) of subsection (4) of section
 3153  1009.536, Florida Statutes, is amended to read:
 3154         1009.536 Florida Gold Seal Vocational Scholars award.—The
 3155  Florida Gold Seal Vocational Scholars award is created within
 3156  the Florida Bright Futures Scholarship Program to recognize and
 3157  reward academic achievement and career preparation by high
 3158  school students who wish to continue their education.
 3159         (4)
 3160         (c) A student who is initially eligible in the 2012-2013
 3161  academic year and thereafter may earn a Florida Gold Seal
 3162  Vocational Scholarship for a maximum of 100 percent of the
 3163  number of credit hours or equivalent clock hours required to
 3164  complete one of the following at a Florida public or nonpublic
 3165  education institution that offers these specific programs: for
 3166  an applied technology diploma program as defined in s.
 3167  1004.02(7) 1004.02(8), up to 60 credit hours or equivalent clock
 3168  hours; for a technical degree education program as defined in s.
 3169  1004.02(13) 1004.02(14), up to the number of hours required for
 3170  a specific degree not to exceed 72 credit hours or equivalent
 3171  clock hours; or for a career certificate program as defined in
 3172  s. 1004.02(20) 1004.02(21), up to the number of hours required
 3173  for a specific certificate not to exceed 72 credit hours or
 3174  equivalent clock hours.
 3175         Section 82. Section 1009.56, Florida Statutes, is repealed.
 3176         Section 83. Section 1009.69, Florida Statutes, is repealed.
 3177         Section 84. Subsection (1) of section 1009.91, Florida
 3178  Statutes, is amended to read:
 3179         1009.91 Assistance programs and activities of the
 3180  department.—
 3181         (1) The department may contract for the administration of
 3182  the student financial assistance programs as specifically
 3183  provided in ss. 295.01, 1009.29, 1009.56, and 1009.78.
 3184         Section 85. Paragraph (c) of subsection (2) of section
 3185  1009.94, Florida Statutes, is amended to read:
 3186         1009.94 Student financial assistance database.—
 3187         (2) For purposes of this section, financial assistance
 3188  includes:
 3189         (c) Any financial assistance provided under s. 1009.50, s.
 3190  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 3191  1009.56, s. 1009.60, s. 1009.62, s. 1009.70, s. 1009.701, s.
 3192  1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s.
 3193  1009.891.
 3194         Section 86. Part V of chapter 1009, Florida Statutes,
 3195  consisting of sections 1009.99, 1009.991, 1009.992, 1009.993,
 3196  1009.994, 1009.995, 1009.996, 1009.9965, 1009.997, 1009.9975,
 3197  1009.9976, 1009.9977, 1009.9978, 1009.9979, 1009.998, 1009.9981,
 3198  1009.9982, 1009.9983, 1009.9984, 1009.9985, 1009.9986,
 3199  1009.9987, 1009.9988, 1009.9989, 1009.9990, 1009.9991,
 3200  1009.9992, 1009.9993, and 1009.9994, is repealed.
 3201         Section 87. Paragraph (b) of subsection (13) of section
 3202  1011.62, Florida Statutes, is amended to read:
 3203         1011.62 Funds for operation of schools.—If the annual
 3204  allocation from the Florida Education Finance Program to each
 3205  district for operation of schools is not determined in the
 3206  annual appropriations act or the substantive bill implementing
 3207  the annual appropriations act, it shall be determined as
 3208  follows:
 3209         (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR
 3210  CURRENT OPERATION.—The total annual state allocation to each
 3211  district for current operation for the FEFP shall be distributed
 3212  periodically in the manner prescribed in the General
 3213  Appropriations Act.
 3214         (b) The amount thus obtained shall be the net annual
 3215  allocation to each school district. However, if it is determined
 3216  that any school district received an underallocation or
 3217  overallocation for any prior year because of an arithmetical
 3218  error, assessment roll change required by final judicial
 3219  decision, full-time equivalent student membership error, or any
 3220  allocation error revealed in an audit report, the allocation to
 3221  that district shall be appropriately adjusted. Beginning with
 3222  audits for the 2001-2002 fiscal year, if the adjustment is the
 3223  result of an audit finding in which group 2 FTE are reclassified
 3224  to the basic program and the district weighted FTE are over the
 3225  weighted enrollment ceiling for group 2 programs, the adjustment
 3226  shall not result in a gain of state funds to the district.
 3227  Beginning with the 2011-2012 fiscal year, if a special program
 3228  cost factor is less than the basic program cost factor, an audit
 3229  adjustment may not result in the reclassification of the special
 3230  program FTE to the basic program FTE. If the Department of
 3231  Education audit adjustment recommendation is based upon
 3232  controverted findings of fact, the Commissioner of Education is
 3233  authorized to establish the amount of the adjustment based on
 3234  the best interests of the state.
 3235         Section 88. Paragraphs (b) and (c) of subsection (3) of
 3236  section 1011.71, Florida Statutes, are repealed.
 3237         Section 89. Subsection (4) of section 1011.76, Florida
 3238  Statutes, is repealed.
 3239         Section 90. Paragraph (b) of subsection (1) of section
 3240  1011.80, Florida Statutes, is amended to read:
 3241         1011.80 Funds for operation of workforce education
 3242  programs.—
 3243         (1) As used in this section, the terms “workforce
 3244  education” and “workforce education program” include:
 3245         (b) Career certificate programs, as defined in s.
 3246  1004.02(20) 1004.02(21).
 3247         Section 91. Paragraphs (b), (f), (j), (m), and (p) of
 3248  subsection (2) and subsection (6) of section 1012.05, Florida
 3249  Statutes, are amended to read:
 3250         1012.05 Teacher recruitment and retention.—
 3251         (2) The Department of Education shall:
 3252         (b) Advertise in major newspapers, national professional
 3253  publications, and other professional publications and in public
 3254  and nonpublic postsecondary educational institutions, if needed.
 3255         (f) Develop and distribute promotional materials related to
 3256  teaching as a career, if needed.
 3257         (j) Develop, in consultation with school district staff
 3258  including, but not limited to, district school superintendents,
 3259  district school board members, and district human resources
 3260  personnel, a long-range plan for educator recruitment and
 3261  retention.
 3262         (m) Develop and implement a First Response Center to
 3263  provide educator candidates one-stop shopping for information on
 3264  teaching careers in Florida and establish the Teacher Lifeline
 3265  Network to provide online support to beginning teachers and
 3266  those needing assistance.
 3267         (n)(p) Notify each teacher, via e-mail, of each item in the
 3268  General Appropriations Act and legislation that affects
 3269  teachers, including, but not limited to, the Excellent Teaching
 3270  Program, the Florida Teachers Classroom Supply Assistance
 3271  Program, liability insurance protection for teachers, death
 3272  benefits for teachers, substantive legislation, rules of the
 3273  State Board of Education, and issues concerning student
 3274  achievement.
 3275         (6) The Commissioner of Education shall take steps that
 3276  provide flexibility and consistency in meeting the highly
 3277  qualified teacher criteria as defined in the No Child Left
 3278  Behind Act of 2001 through a High, Objective, Uniform State
 3279  Standard of Evaluation (HOUSSE).
 3280         Section 92. Paragraph (b) of subsection (1) of section
 3281  1012.22, Florida Statutes, is amended to read:
 3282         1012.22 Public school personnel; powers and duties of the
 3283  district school board.—The district school board shall:
 3284         (1) Designate positions to be filled, prescribe
 3285  qualifications for those positions, and provide for the
 3286  appointment, compensation, promotion, suspension, and dismissal
 3287  of employees as follows, subject to the requirements of this
 3288  chapter:
 3289         (b) Time to act on nominations.—The district school board
 3290  shall act no not later than 3 weeks following the receipt of
 3291  statewide, standardized assessment scores and data under s.
 3292  1008.22 and, including school grades, or June 30, whichever is
 3293  later, on the district school superintendent’s nominations of
 3294  supervisors, principals, and members of the instructional staff.
 3295         Section 93. Subsection (9) of section 1012.33, Florida
 3296  Statutes, is repealed.
 3297         Section 94. Paragraph (b) of subsection (1), paragraph (a)
 3298  of subsection (3), and subsection (6) of section 1012.34,
 3299  Florida Statutes, are amended to read:
 3300         1012.34 Personnel evaluation procedures and criteria.—
 3301         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
 3302         (b) The department must approve each school district’s
 3303  instructional personnel and school administrator evaluation
 3304  systems. The department shall monitor each district’s
 3305  implementation of its instructional personnel and school
 3306  administrator evaluation systems for compliance with the
 3307  requirements of this section and s. 1012.3401.
 3308         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 3309  personnel and school administrator performance evaluations must
 3310  be based upon the performance of students assigned to their
 3311  classrooms or schools, as provided in this section. Pursuant to
 3312  this section, a school district’s performance evaluation is not
 3313  limited to basing unsatisfactory performance of instructional
 3314  personnel and school administrators solely upon student
 3315  performance, but may include other criteria approved to evaluate
 3316  instructional personnel and school administrators’ performance,
 3317  or any combination of student performance and other approved
 3318  criteria. Evaluation procedures and criteria must comply with,
 3319  but are not limited to, the following:
 3320         (a) A performance evaluation must be conducted for each
 3321  employee at least once a year, except that a classroom teacher,
 3322  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 3323  who is newly hired by the district school board must be observed
 3324  and evaluated at least twice in the first year of teaching in
 3325  the school district. The performance evaluation must be based
 3326  upon sound educational principles and contemporary research in
 3327  effective educational practices. The evaluation criteria must
 3328  include:
 3329         1. Performance of students.—At least 50 percent of a
 3330  performance evaluation must be based upon data and indicators of
 3331  student learning growth assessed annually by statewide
 3332  assessments or, for subjects and grade levels not measured by
 3333  statewide assessments, by school district assessments as
 3334  provided in s. 1008.22(6) 1008.22(8). Each school district must
 3335  use the formula adopted pursuant to paragraph (7)(a) for
 3336  measuring student learning growth in all courses associated with
 3337  statewide assessments and must select an equally appropriate
 3338  formula for measuring student learning growth for all other
 3339  grades and subjects, except as otherwise provided in subsection
 3340  (7).
 3341         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 3342  excluding substitute teachers, the student learning growth
 3343  portion of the evaluation must include growth data for students
 3344  assigned to the teacher over the course of at least 3 years. If
 3345  less than 3 years of data are available, the years for which
 3346  data are available must be used and the percentage of the
 3347  evaluation based upon student learning growth may be reduced to
 3348  not less than 40 percent.
 3349         b. For instructional personnel who are not classroom
 3350  teachers, the student learning growth portion of the evaluation
 3351  must include growth data on statewide assessments for students
 3352  assigned to the instructional personnel over the course of at
 3353  least 3 years, or may include a combination of student learning
 3354  growth data and other measurable student outcomes that are
 3355  specific to the assigned position, provided that the student
 3356  learning growth data accounts for not less than 30 percent of
 3357  the evaluation. If less than 3 years of student growth data are
 3358  available, the years for which data are available must be used
 3359  and the percentage of the evaluation based upon student learning
 3360  growth may be reduced to not less than 20 percent.
 3361         c. For school administrators, the student learning growth
 3362  portion of the evaluation must include growth data for students
 3363  assigned to the school over the course of at least 3 years. If
 3364  less than 3 years of data are available, the years for which
 3365  data are available must be used and the percentage of the
 3366  evaluation based upon student learning growth may be reduced to
 3367  not less than 40 percent.
 3368         2. Instructional practice.—Evaluation criteria used when
 3369  annually observing classroom teachers, as defined in s.
 3370  1012.01(2)(a), excluding substitute teachers, must include
 3371  indicators based upon each of the Florida Educator Accomplished
 3372  Practices adopted by the State Board of Education. For
 3373  instructional personnel who are not classroom teachers,
 3374  evaluation criteria must be based upon indicators of the Florida
 3375  Educator Accomplished Practices and may include specific job
 3376  expectations related to student support.
 3377         3. Instructional leadership.—For school administrators,
 3378  evaluation criteria must include indicators based upon each of
 3379  the leadership standards adopted by the State Board of Education
 3380  under s. 1012.986, including performance measures related to the
 3381  effectiveness of classroom teachers in the school, the
 3382  administrator’s appropriate use of evaluation criteria and
 3383  procedures, recruitment and retention of effective and highly
 3384  effective classroom teachers, improvement in the percentage of
 3385  instructional personnel evaluated at the highly effective or
 3386  effective level, and other leadership practices that result in
 3387  student learning growth. The system may include a means to give
 3388  parents and instructional personnel an opportunity to provide
 3389  input into the administrator’s performance evaluation.
 3390         4. Professional and job responsibilities.—For instructional
 3391  personnel and school administrators, other professional and job
 3392  responsibilities must be included as adopted by the State Board
 3393  of Education. The district school board may identify additional
 3394  professional and job responsibilities.
 3395         (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
 3396  EVALUATION SYSTEMS.—The district school board shall establish a
 3397  procedure for annually reviewing instructional personnel and
 3398  school administrator evaluation systems to determine compliance
 3399  with this section and s. 1012.3401. All substantial revisions to
 3400  an approved system must be reviewed and approved by the district
 3401  school board before being used to evaluate instructional
 3402  personnel or school administrators. Upon request by a school
 3403  district, the department shall provide assistance in developing,
 3404  improving, or reviewing an evaluation system.
 3405         Section 95. Section 1012.44, Florida Statutes, is amended
 3406  to read:
 3407         1012.44 Qualifications for certain persons providing
 3408  speech-language services.—The State Board of Education shall
 3409  adopt rules for speech-language services to school districts
 3410  that qualify for the sparsity supplement as described in s.
 3411  1011.62(7). These services may be provided by baccalaureate
 3412  degree level persons for a period of 3 years. The rules shall
 3413  authorize the delivery of speech-language services by
 3414  baccalaureate degree level persons under the direction of a
 3415  certified speech-language pathologist with a master’s degree or
 3416  higher. By October 1, 2003, these rules shall be reviewed by the
 3417  State Board of Education.
 3418         Section 96. Section 1012.561, Florida Statutes, is amended
 3419  to read:
 3420         1012.561 Address of record.—Each certified educator or
 3421  applicant for certification is solely responsible for
 3422  maintaining his or her current address with the Department of
 3423  Education and for notifying the department in writing of a
 3424  change of address. By January 1, 2005, each educator and
 3425  applicant for certification must have on file with the
 3426  department a current mailing address. Thereafter, A certified
 3427  educator or applicant for certification who is employed by a
 3428  district school board shall notify his or her employing school
 3429  district within 10 days after a change of address. At a minimum,
 3430  the employing district school board shall notify the department
 3431  monthly of the addresses of the certified educators or
 3432  applicants for certification in the manner prescribed by the
 3433  department. A certified educator or applicant for certification
 3434  who is not employed by a district school board shall personally
 3435  notify the department in writing within 30 days after a change
 3436  of address. The department shall permit electronic notification;
 3437  however, it is the responsibility of the certified educator or
 3438  applicant for certification to ensure that the department has
 3439  received the electronic notification.
 3440         Section 97. Section 1012.595, Florida Statutes, is
 3441  repealed.
 3442         Section 98. Subsections (2), (3), and (4) of section
 3443  1012.885, Florida Statutes, are amended to read:
 3444         1012.885 Remuneration of Florida College System institution
 3445  presidents; limitations.—
 3446         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3447  law, resolution, or rule to the contrary, a Florida College
 3448  System institution president may not receive more than $225,000
 3449  in remuneration annually from appropriated state funds. Only
 3450  compensation, as defined in s. 121.021(22), provided to a
 3451  Florida College System institution president may be used in
 3452  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 appropriated state funds to a Florida College
 3456  System institution president in excess of the limit in
 3457  subsection (3) (2). If a party is unable or unwilling to fulfill
 3458  an obligation to provide cash or cash-equivalent compensation to
 3459  a Florida College System institution president as permitted
 3460  under this subsection, appropriated state funds may not be used
 3461  to fulfill such obligation.
 3462         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3463  resolution, or rule to the contrary the provisions of this
 3464  section, a Florida College System institution president may not
 3465  receive more than $200,000 in remuneration from appropriated
 3466  state funds. Only compensation, as defined in s. 121.021(22),
 3467  provided to a Florida College System institution president may
 3468  be used in calculating benefits under chapter 121.
 3469         Section 99. Subsections (2), (3), and (4) of section
 3470  1012.975, Florida Statutes, are amended to read:
 3471         1012.975 Remuneration of state university presidents;
 3472  limitations.—
 3473         (2) LIMITATION ON COMPENSATION.—Notwithstanding any other
 3474  law, resolution, or rule to the contrary, a state university
 3475  president may not receive more than $225,000 in remuneration
 3476  annually from public funds. Only compensation, as such term is
 3477  defined in s. 121.021(22), provided to a state university
 3478  president may be used in calculating benefits under chapter 121.
 3479         (2)(3) EXCEPTIONS.—This section does not prohibit a any
 3480  party from providing cash or cash-equivalent compensation from
 3481  funds that are not public funds to a state university president
 3482  in excess of the limit in subsection (3) (2). If a party is
 3483  unable or unwilling to fulfill an obligation to provide cash or
 3484  cash-equivalent compensation to a state university president as
 3485  permitted under this subsection, public funds may not be used to
 3486  fulfill such obligation.
 3487         (3)(4) LIMITATION ON REMUNERATION.—Notwithstanding a law,
 3488  resolution, or rule to the contrary the provisions of this
 3489  section, a state university president may not receive more than
 3490  $200,000 in remuneration from public funds. Only compensation,
 3491  as defined in s. 121.021(22), provided to a state university
 3492  president may be used in calculating benefits under chapter 121.
 3493         Section 100. Subsection (12) of section 1012.98, Florida
 3494  Statutes, is amended to read:
 3495         1012.98 School Community Professional Development Act.—
 3496         (12) The department shall require teachers in grades K-12
 3497  1-12 to participate in continuing education training provided by
 3498  the Department of Children and Family Services on identifying
 3499  and reporting child abuse and neglect.
 3500         Section 101. Paragraph (f) of subsection (2) of section
 3501  1013.35, Florida Statutes, is amended to read:
 3502         1013.35 School district educational facilities plan;
 3503  definitions; preparation, adoption, and amendment; long-term
 3504  work programs.—
 3505         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 3506  FACILITIES PLAN.—
 3507         (f) Not less than once every 5 years, the district school
 3508  board shall have an a financial management and performance audit
 3509  conducted of the district’s educational planning and
 3510  construction activities of the district. An operational audit
 3511  conducted by the Office of Program Policy Analysis and
 3512  Government Accountability and the Auditor General pursuant to s.
 3513  11.45 1008.35 satisfies this requirement.
 3514         Section 102. Section 1013.47, Florida Statutes, is amended
 3515  to read:
 3516         1013.47 Substance of contract; contractors to give bond;
 3517  penalties.—Each board shall develop contracts consistent with
 3518  this chapter and statutes governing public facilities. Such a
 3519  contract must contain the drawings and specifications of the
 3520  work to be done and the material to be furnished, the time limit
 3521  in which the construction is to be completed, the time and
 3522  method by which payments are to be made upon the contract, and
 3523  the penalty to be paid by the contractor for a any failure to
 3524  comply with the terms of the contract. The board may require the
 3525  contractor to pay a penalty for any failure to comply with the
 3526  terms of the contract and may provide an incentive for early
 3527  completion. Upon accepting a satisfactory bid, the board shall
 3528  enter into a contract with the party or parties whose bid has
 3529  been accepted. The contractor shall furnish the board with a
 3530  performance and payment bond as set forth in s. 255.05. A board
 3531  or other public entity may not require a contractor to secure a
 3532  surety bond under s. 255.05 from a specific agent or bonding
 3533  company. Notwithstanding any other provision of this section, if
 3534  25 percent or more of the costs of any construction project is
 3535  paid out of a trust fund established pursuant to 31 U.S.C. s.
 3536  1243(a)(1), laborers and mechanics employed by contractors or
 3537  subcontractors on such construction will be paid wages not less
 3538  than those prevailing on similar construction projects in the
 3539  locality, as determined by the Secretary of Labor in accordance
 3540  with the Davis-Bacon Act, as amended. A person, firm, or
 3541  corporation that constructs any part of any educational plant,
 3542  or addition thereto, on the basis of any unapproved plans or in
 3543  violation of any plans approved in accordance with the
 3544  provisions of this chapter and rules of the State Board of
 3545  Education or regulations of the Board of Governors relating to
 3546  building standards or specifications is subject to forfeiture of
 3547  the surety bond and unpaid compensation in an amount sufficient
 3548  to reimburse the board for any costs that will need to be
 3549  incurred in making any changes necessary to assure that all
 3550  requirements are met and is also guilty of a misdemeanor of the
 3551  second degree, punishable as provided in s. 775.082 or s.
 3552  775.083, for each separate violation.
 3553         Section 103. Section 1013.49, Florida Statutes, is
 3554  repealed.
 3555         Section 104. Section 1013.512, Florida Statutes, is
 3556  repealed.
 3557         Section 105. Section 20 of chapter 2010-24, Laws of
 3558  Florida, is repealed.
 3559         Section 106. This act shall take effect upon becoming a
 3560  law.