Florida Senate - 2016                             CS for SB 1360
       
       
        
       By the Committee on Education Pre-K - 12; and Senators Gaetz,
       Bradley, Detert, Ring, Negron, Montford, and Sobel
       
       581-02674-16                                          20161360c1
    1                        A bill to be entitled                      
    2         An act relating to student assessments; creating s.
    3         1008.223, F.S.; providing purposes; authorizing a
    4         district school board to choose to implement certain
    5         rigorous alternative assessment options by a certain
    6         school year; providing requirements for the rigorous
    7         alternative assessment options; specifying the types
    8         of exams that may be taken and the corresponding
    9         substitutions or exemptions that may be earned by
   10         certain students; requiring the Commissioner of
   11         Education to collaborate with ACT, Inc.; requiring the
   12         State Board of Education to adopt such scores in rule
   13         by a specified school year; requiring a district
   14         school board that chooses to implement rigorous
   15         alternative assessment options to notify the
   16         commissioner, students, and parents of the decision by
   17         a specified date; requiring a parent to annually
   18         notify the school district in writing by a certain
   19         date if his or her child will take the statewide,
   20         standardized assessments; requiring the state board to
   21         adopt in rule adjustments to certain scores based on
   22         certain recommendations; requiring rigorous
   23         alternative assessment options to be available for
   24         students in high school beginning in the 2016-2017
   25         school year; specifying the types of industry
   26         certifications and assessments that may be taken and
   27         the corresponding exemptions and high school credit
   28         that may be earned by a student in high school;
   29         requiring the commissioner to adopt the schedule for
   30         the administration of the rigorous alternative
   31         assessment options; requiring student performance
   32         results to be made available to district school
   33         superintendents annually by a specified date;
   34         providing requirements for high school credits;
   35         providing proxy values to link student performance on
   36         rigorous alternative assessments to certain
   37         evaluations and grades; requiring the commissioner to
   38         seek legislative approval for any adjustments to the
   39         proxy values by a specified time; requiring the
   40         commissioner to submit certain recommendations to the
   41         Legislature by a specified date; requiring the
   42         rigorous alternative assessment options and proxies to
   43         be included in each district school board-approved
   44         student progression plan and each district school
   45         board-approved educator performance evaluation system
   46         by a specified time; requiring the commissioner to
   47         coordinate with school districts for the
   48         administration of the rigorous alternative
   49         assessments; requiring the Department of Education to
   50         renegotiate the Florida Standards Assessment contract;
   51         specifying that certain requirements do not apply to
   52         the renegotiation; requiring the renegotiated contract
   53         to be executed by a specified date; authorizing the
   54         department to renegotiate other assessment contracts;
   55         requiring the department to negotiate and contract
   56         with certain entities in order to implement the
   57         rigorous alternative assessments; prohibiting the
   58         funding for the assessments from causing an increase
   59         in a certain appropriation in the General
   60         Appropriations Act; requiring each district school
   61         board to publish notification of the rigorous
   62         alternative assessment and student choice options on
   63         its school district website; providing applicability;
   64         providing for rulemaking; providing an implementation
   65         schedule for the 2016-2017 school year; amending s.
   66         1002.3105, F.S.; specifying that a student who attains
   67         a passing score on a rigorous alternative assessment
   68         may meet certain requirements; amending s. 1002.33,
   69         F.S.; revising compliance requirements for charter
   70         schools; amending s. 1003.4282, F.S.; requiring each
   71         school district to annually notify students and
   72         parents of standard high school diploma requirements
   73         by a specified date; revising the online course
   74         requirement; authorizing a district school board or a
   75         charter school governing board to offer certain
   76         additional options to meet the requirement; conforming
   77         provisions to changes made by the act; amending ss.
   78         1003.4285, 1003.4295, and 1003.436, F.S.; conforming
   79         provisions to changes made by the act; amending s.
   80         1006.28, F.S.; requiring instructional materials to be
   81         consistent with the rigorous alternative assessment
   82         option; requiring a district school board to make
   83         certain certifications at a public meeting; amending
   84         s. 1007.27, F.S.; requiring the department to identify
   85         the minimum scores, maximum credit, and courses for
   86         which credit is awarded for certain examinations;
   87         amending ss. 1007.271 and 1011.61, F.S.; conforming
   88         provisions to changes made by the act; amending s.
   89         1011.62, F.S.; deleting certain bonus limits that may
   90         be earned for instructing students who receive
   91         specified grades on certain examinations; amending s.
   92         1012.34, F.S.; requiring a classroom teacher’s
   93         performance evaluation to be based on the performance
   94         of certain students; amending s. 1001.42, F.S.;
   95         revising the duties of a district school board;
   96         requiring the commissioner to make certain requests
   97         and submit certain documentation regarding the federal
   98         Elementary and Secondary Education Act by a specified
   99         date; requiring the commissioner to submit a report to
  100         the Governor and the Legislature by a specified date;
  101         providing an effective date.
  102          
  103  Be It Enacted by the Legislature of the State of Florida:
  104  
  105         Section 1. Section 1008.223, Florida Statutes, is created
  106  to read:
  107         1008.223 Rigorous alternative assessment options.—
  108         (1) PURPOSE.—The purpose of this section is to enable
  109  students to choose to take rigorous alternative assessments, in
  110  lieu of the statewide, standardized assessments established
  111  pursuant to s. 1008.22 to meet subject area, course, credit, and
  112  assessment requirements for student progression and graduation.
  113  It is the intent of the Legislature to preserve the statewide,
  114  standardized assessments as the default common battery of
  115  assessments for all students attending public schools. The
  116  rigorous alternative assessments are intended to supplement the
  117  statewide assessment program with valid, reliable, and respected
  118  assessment options for students to demonstrate subject area and
  119  grade level competency and college and career readiness.
  120  Additionally, the purpose of this section is to:
  121         (a) Expand the availability of rigorous alternative
  122  assessment options that students take to meet requirements for
  123  admission to postsecondary educational institutions or to
  124  generate college credits, often at least three credit hours, so
  125  that such credits also substitute for statewide, standardized
  126  assessments.
  127         (b) Maximize a performance-based approach that allows
  128  students to generate credit based on attaining a concordant,
  129  comparative, or passing score on a rigorous alternative
  130  assessment without enrolling in the corresponding course to
  131  demonstrate satisfactory performance in meeting the requirements
  132  to earn a standard high school diploma.
  133         (c) Link student performance on rigorous alternative
  134  assessments to educator evaluation, school grade, school
  135  improvement rating, and school district grade calculations.
  136         (d) Leverage the Course Code Directory and the statewide
  137  course numbering system to link assessments and courses to award
  138  credit and assist the state and school districts with planning
  139  and administering rigorous alternative assessments.
  140  
  141  Nothing stated in this section shall be construed to require
  142  students to take rigorous alternative assessments in addition to
  143  the statewide, standardized assessments or as substitutes for
  144  the Florida Alternate Assessment for students with disabilities
  145  pursuant to s. 1008.22.
  146         (2)DISTRICT OPTIONS FOR STUDENTS.—
  147         (a) Beginning in the 2016-2017 school year, a district
  148  school board may choose to implement one of the following
  149  rigorous alternative assessment options or a combination of such
  150  assessments as specified in this paragraph, in lieu of the
  151  statewide, standardized assessments:
  152         1.ACT Aspire for grades 3 through 8. If a district school
  153  board chooses to administer the ACT Aspire assessments for
  154  grades 3 through 8 districtwide, a student enrolled in a public
  155  school within that school district must take the ACT Aspire
  156  assessments to satisfy the statewide, standardized assessment
  157  requirements and demonstrate subject area and grade level
  158  competency in English Language Arts (ELA), mathematics, and
  159  science, unless the student’s parent selects the statewide,
  160  standardized assessments pursuant to s. 1008.22 for the student.
  161  The commissioner must collaborate with ACT, Inc., to establish
  162  ACT Aspire scores that demonstrate grade level and subject area
  163  competency in ELA, mathematics, and science for grades 3 through
  164  8. Before the beginning of the 2016-2017 school year, the state
  165  board must adopt the scores in rule.
  166         2.ACT Aspire and ACT for high school. If a district school
  167  board chooses to administer the ACT Aspire assessments for
  168  grades 9 and 10 and ACT districtwide, a student enrolled in a
  169  public school in that school district must take the ACT Aspire
  170  and ACT assessments to satisfy the statewide, standardized
  171  assessment requirements and demonstrate subject area competency
  172  and college and career readiness, unless the student’s parent
  173  selects the statewide, standardized assessments pursuant to s.
  174  1008.22 for the student. A student may take the ACT after taking
  175  the ACT Aspire assessments for grades 9 and 10 or after
  176  demonstrating his or her readiness to take the ACT, as
  177  determined by the district school superintendent, through
  178  coursework or scores on the ACT Aspire assessments.
  179         a.The ACT Aspire and ACT Performance-Based Student Outcome
  180  Worksheet under this sub-subparagraph shall be used to authorize
  181  ACT Aspire assessment and ACT substitutions for the grade 9 and
  182  grade 10 ELA assessments and the Algebra I EOC assessment. The
  183  scores specified in the worksheet demonstrate grade level and
  184  subject area competency in ELA and mathematics.
  185  
  186  ACT Aspire and ACT Performance-Based Student Outcome WorksheetStudent Performance
  187  Test             Score                  Substitution                
  188  ACT Aspire or ACT English and Reading components426 on ACT Aspire or 17 on ACT (English and Reading Average)  =   Grade 9 ELA assessment      
  189  ACT Aspire or ACT English and Reading components428 on ACT Aspire or 18 on ACT (English and Reading Average)  =   Grade 9 ELA and Grade 10 ELA assessments
  190  ACT Aspire or ACT Mathematics428 on ACT Aspire or 18 on ACT  =   Algebra I EOC assessment    
  191         b. The ACT Aspire and ACT Performance-Based Student Outcome
  192  Worksheet under this sub-subparagraph shall be used to authorize
  193  ACT Aspire and ACT as rigorous alternative assessment options
  194  for granting exemptions from taking the Geometry EOC, Algebra II
  195  EOC, and Biology I EOC assessments. Additionally, the worksheet
  196  shall be used to authorize ACT Aspire and ACT as rigorous
  197  alternative assessment options for granting exemptions from all
  198  assessment requirements in order to earn a standard high school
  199  diploma. The scores specified in the worksheet shall serve as
  200  the basis for granting the exemptions from taking the statewide,
  201  standardized assessments.
  202  
  203  ACT Aspire and ACT Performance-Based Student Outcome WorksheetStudent Performance
  204  Test             Score                  Exemption                   
  205  ACT Aspire or ACT Mathematics432 on ACT Aspire or 20 on ACT  =   Geometry EOC assessment     
  206  ACT Aspire or ACT Mathematics435 on ACT Aspire or 22 on ACT  =   Geometry EOC and Algebra II EOC assessments
  207  ACT Aspire or ACT Science430 on ACT Aspire or 20 on ACT  =   Biology I EOC assessment    
  208  ACT Aspire or ACT428 on ACT Aspire or 18 on ACT (English and Reading Average); 435 on ACT Aspire or 22 on ACT Mathematics; and 430 on ACT Aspire or 20 on ACT Science  =   Grade 9 ELA and Grade 10 ELA, Algebra I EOC, Geometry EOC, Algebra II EOC, Biology I EOC, and United States History EOC assessments
  209         3. PSAT or NMSQT, and SAT for high school. If a district
  210  school board chooses to administer the PSAT or NMSQT, and SAT
  211  assessments districtwide, a student enrolled in a public school
  212  in that school district must take the PSAT or NMSQT, as
  213  applicable, and SAT assessments to satisfy the statewide,
  214  standardized assessment requirements and demonstrate subject
  215  area competency and college and career readiness, unless the
  216  student’s parent selects the statewide, standardized assessments
  217  pursuant to s. 1008.22 for the student. A student may take the
  218  SAT after taking the PSAT or NMSQT assessments or after
  219  demonstrating his or her readiness to take the SAT, as
  220  determined by the district school superintendent, through
  221  coursework or scores on the PSAT or NMSQT assessments.
  222         a. The PSAT, NMSQT, and SAT Performance-Based Student
  223  Outcome Worksheet under this sub-subparagraph shall be used to
  224  authorize PSAT, NMSQT, and SAT substitutions for the grade 9 and
  225  grade 10 ELA assessments and the Algebra I EOC assessment. The
  226  scores specified in the worksheet demonstrate grade level and
  227  subject area competency in ELA and mathematics.
  228  
  229  PSAT, NMSQT, and SAT Performance-Based Student Outcome WorksheetStudent Performance
  230  Test            Score                Substitution                 
  231  PSAT, NMSQT, or SAT Critical Reading and Writing64 on PSAT or NMSQT, or 640 on SAT (Critical Reading and Writing Sum)  =  Grade 9 ELA assessment       
  232  PSAT, NMSQT, or SAT Critical Reading and Writing67 on PSAT or NMSQT, or 670 on SAT (Critical Reading and Writing Sum)  =  Grade 9 ELA and Grade 10 ELA assessments
  233  PSAT, NMSQT, or SAT Mathematics42 on PSAT or NMSQT, or 420 on SAT  =  Algebra I EOC assessment     
  234         b. The PSAT, NMSQT, and SAT Performance-Based Student
  235  Outcome Worksheet under this sub-subparagraph shall be used to
  236  authorize PSAT, NMSQT, and SAT as rigorous alternative
  237  assessment options for granting exemptions from taking the
  238  Geometry EOC and Algebra II EOC assessments. Additionally, the
  239  worksheet shall be used to authorize PSAT, NMSQT, and SAT for
  240  exemption from all assessment requirements in order to earn a
  241  standard high school diploma. The scores specified in the
  242  worksheet shall serve as the basis for granting exemptions from
  243  taking the statewide, standardized assessments.
  244  
  245  PSAT, NMSQT, and SAT Performance-Based Student Outcome WorksheetStudent Performance
  246  Test            Score                Exemption                    
  247  PSAT, NMSQT, or SAT Mathematics45 on PSAT or NMSQT, or 450 on SAT  =  Geometry EOC assessment      
  248  PSAT, NMSQT, or SAT Mathematics50 on PSAT or NMSQT, or 500 on SAT  =  Geometry EOC and Algebra II EOC assessments
  249  PSAT, NMSQT, or SAT120 on PSAT or NMSQT, or 1200 on SAT (Critical Reading, Writing, and Mathematics Sum)  =  Grade 9 ELA and Grade 10 ELA, Algebra I EOC, Geometry EOC, Algebra II EOC, Biology I EOC, and United States History EOC assessments
  250  A district school board may, pursuant to this paragraph, choose
  251  any one of the rigorous alternative assessment options specified
  252  under subparagraphs 1., 2., and 3. or a combination of
  253  assessment options specified under subparagraphs 1. and 2. or
  254  subparagraphs 1. and 3.
  255         (b) A student who does not attain the score specified under
  256  this subsection for exemption from taking the Geometry EOC,
  257  Algebra II EOC, Biology I EOC, or United States History EOC
  258  assessments must take the applicable EOC assessment after
  259  completing the relevant course during that school year to meet
  260  the requirements of ss. 1003.4282 and 1008.22. A student’s
  261  performance on the statewide, standardized EOC assessment
  262  constitutes 30 percent of the student’s final course grade
  263  pursuant to s. 1003.4282, and the student must pass the Geometry
  264  EOC, Algebra II EOC, Biology I EOC, and United States History
  265  EOC assessments to earn the Scholar designation on the standard
  266  high school diploma pursuant to s. 1003.4285.
  267         (c) By July 8, 2016, for the 2016-2017 school year pursuant
  268  to subsection (12) and by August 1 of each school year
  269  thereafter, a district school board that selects rigorous
  270  alternative assessments must identify and approve such
  271  assessments for districtwide use. Accordingly, the district
  272  school superintendent shall notify the commissioner, inform the
  273  students and parents of the rigorous alternative assessment
  274  options, and coordinate with the commissioner to arrange for the
  275  administration and facilitation of such assessments.
  276         (d) Annually, by August 10 of each school year, a parent
  277  must notify the applicable school district, in writing, if the
  278  parent selects the statewide, standardized assessments for his
  279  or her child. The parent’s selection shall apply to the required
  280  statewide, standardized assessments pursuant to s. 1008.22 for
  281  the relevant grade level and subject area which are administered
  282  during that school year. A student may not be required to take
  283  an assessment if the student has satisfied the subject area,
  284  course, credit, or assessment requirements, as applicable,
  285  through rigorous alternative assessment options for student
  286  progression and graduation.
  287         (e) The state board shall adopt in rule adjustments, as
  288  necessary, to the scores specified under this subsection before
  289  the beginning of the 2016-2017 school year based on
  290  recommendations from the commissioner; ACT, Inc.; and the
  291  College Board.
  292         (3) OPTIONS FOR STUDENTS IN HIGH SCHOOL.—Beginning in the
  293  2016-2017 school year, rigorous alternative assessment options,
  294  adopted pursuant to this subsection, must be available to
  295  students statewide. A student may choose to take rigorous
  296  alternative assessments without enrolling in the corresponding
  297  courses. However, the student must attain a passing score on the
  298  rigorous alternative assessments to meet the subject area,
  299  course, credit, and assessment requirements under ss. 1002.3105,
  300  1003.4282, 1003.4285, 1003.4295(3), and 1008.22. At a minimum,
  301  the rigorous alternative assessment options that a student may
  302  choose to take must include:
  303         (a) Passing scores on nationally recognized industry
  304  certifications. A student who attains national industry
  305  certifications by passing industry-approved examinations for
  306  such certifications is exempt from the relevant statewide,
  307  standardized assessment requirements to earn a standard high
  308  school diploma, as specified under this section. The Industry
  309  Certifications Performance-Based Student Outcome Worksheet under
  310  this paragraph shall be used to exempt a student from the
  311  relevant statewide, standardized assessment based on student
  312  performance on the industry-approved examinations to earn
  313  national industry certifications. Annually, the state board
  314  shall adopt by rule additional industry certifications that, if
  315  attained by a student, shall exempt the student from the
  316  relevant statewide, standardized assessment requirements.
  317  
  318  Industry Certifications Performance-Based Student Outcome WorksheetStudent Performance
  319  Industry Certification               =  Exemption                 
  320  Associate Level Certified Electronic Technician =  Algebra I EOC and Geometry EOC assessments
  321  Autodesk Certified Professional - AutoCAD, AutoCAD Civil 3D, Inventor, Revit Architecture =  Geometry EOC assessment   
  322  Biotechnician Assistant              =  Biology I EOC assessment  
  323  Certified Apprentice Drafter - Architectural =  Geometry EOC assessment   
  324  Chief Architect Certified Apprentice =  Geometry EOC assessment   
  325  Certified Dental Assistant           =  Biology I EOC assessment  
  326  Cisco Certified Network Professional =  Algebra I EOC and Geometry EOC assessments
  327  ComTIA A+                           =  Algebra I EOC and Geometry EOC assessments
  328  Emergency Medical Technician         =  Biology I EOC assessment  
  329  FAA Aviation Mechanic Technician - Airframe =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  330  FAA Aviation Maintenance Technician - Powerplant =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  331  FAA Ground School                   =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  332  Global Logistics Associate          =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  333  MSSC Certified Production Technician =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  334  Oracle Certified Associate: Database =  Algebra I EOC, Geometry EOC, and Algebra II EOC assessments
  335         (b) Passing scores on assessments such as:
  336         1. The SAT Subject Test. The SAT Subject Test Performance
  337  Based Student Outcome Worksheet under this subparagraph shall be
  338  used to satisfy high school subject area, course, credit, and
  339  assessment requirements, based on student performance on the SAT
  340  Subject Test, as adopted in rule by the state board.
  341  
  342  SAT Subject Test Performance-Based Student Outcome WorksheetStudent Performance
  343  Test             Score                  Exemption                  
  344  SAT Biology-Ecological, Biology-Molecular, U.S. History, World History, Chemistry, or Physics Subject TestsPassing score on the respective SAT Subject Test  =   Enrolling in and completing the corresponding course and taking the corresponding EOC assessment, if applicable, to earn high school credit
  345         2. College-Level Examination Program (CLEP), DSST
  346  examination, or another rigorous alternative assessment. The
  347  CLEP and DSST Performance-Based Student Outcome Worksheet under
  348  this subparagraph shall be used to satisfy high school subject
  349  area, course, credit, and assessment requirements, based on
  350  student performance on the CLEP or DSST, as specified.
  351  
  352  CLEP and DSST Performance-Based Student Outcome WorksheetStudent Performance
  353  Examination      Score          Exemption           High School Credit Award
  354  CLEP College Algebra or DSST Fundamentals of College AlgebraPassing score on CLEP or DSST = Enrolling in and completing the corresponding course and taking the Algebra I EOC assessment1 Algebra I credit for any examination
  355  CLEP College Algebra-TrigonometryPassing score = Enrolling in and completing the corresponding course and taking the Algebra II EOC assessment1 Algebra II credit
  356         3. Advanced Placement (AP) Examination. The AP Exam
  357  Performance-Based Student Outcome Worksheet under this
  358  subparagraph shall be used to satisfy high school subject area,
  359  course, credit, and assessment requirements, based on student
  360  performance on the AP examinations, as specified. A student who
  361  attains a passing score on the specified examinations must be
  362  awarded one high school credit each toward the corresponding
  363  courses if the student takes the examinations without enrolling
  364  in the corresponding courses.
  365  
  366  AP Exam Performance-Based Student Outcome WorksheetStudent Performance
  367  Examination     Score   =  Exemption        High School Credit Award
  368  AP Calculus AB, Calculus BC, or Statistics3     =  Enrolling in and completing the corresponding course1 Mathematics credit for each examination
  369  AP Biology     3     =  Enrolling in and completing the corresponding course and taking the Biology I EOC assessment1 Biology I credit
  370  AP Physics 1 or 2, or Chemistry3     =  Enrolling in and completing the corresponding course1 Science credit for each examination
  371  AP United States History3     =  Enrolling in and completing the corresponding course and taking the United States History EOC assessment1 United States History credit
  372  AP World History3     =  Enrolling in and completing the corresponding course1 World History credit
  373  AP United States Government and Politics3     =  Enrolling in and completing the corresponding course0.5 United States Government credit
  374  AP Macro Economics or AP Micro Economics3     =  Enrolling in and completing the corresponding course0.5 Economics credit
  375         4. Dual enrollment course and corresponding assessment. The
  376  Dual Enrollment Performance-Based Student Outcome Worksheet
  377  under this subparagraph shall be used to satisfy high school
  378  subject area, course, credit, and assessment requirements, based
  379  on student performance on the statewide, standardized EOC
  380  assessment or CLEP examination corresponding to the dual
  381  enrollment course, as specified.
  382  
  383  Dual Enrollment Performance-Based Student Outcome WorksheetStudent Performance
  384  Course              Test              Exemption      High School Credit Award
  385  Sequence of college-credit dual enrollment courses in Life Sciences and Biological Sciences or college-credit courses in General BiologyTake Biology I EOC assessment or CLEP General Biology =  EOC assessment performance does not constitute 30 percent of the final course grade1 Biology I credit
  386  Sequence of college-credit dual enrollment courses in Introductory Survey to 1877 and Introductory Survey Since 1877Take United States History EOC or CLEP History of the United States I and CLEP History of the United States II =  EOC assessment performance does not constitute 30 percent of the final course grade1 United States History credit
  387  If a student attains a passing score on a rigorous alternative
  388  assessment under this subsection, the score must be applied
  389  toward the credit requirements for electives unless the passing
  390  score is applied first to meet the assessment and credit
  391  requirements for ELA, mathematics, science, or social studies
  392  pursuant to this paragraph.
  393         (4) ASSESSMENT SCHEDULE AND REPORTING OF RESULTS.—The
  394  commissioner must adopt within the assessment schedule pursuant
  395  to s. 1008.22 the assessment schedule for the administration of
  396  rigorous alternative assessment options. To the extent possible,
  397  the commissioner shall consider the semester calendars of public
  398  colleges and universities in the state to accommodate and
  399  maximize the availability of assessment options for dual
  400  enrollment students. Student performance on rigorous alternative
  401  assessments must be made available to the district school
  402  superintendents by August 1 of each year.
  403         (5) CREDIT REQUIREMENTS.—The following authorizations apply
  404  to credit earned through rigorous alternative assessment options
  405  pursuant to this section:
  406         (a) The credit earned by a student passing a rigorous
  407  alternative assessment is exempt from the minimum instructional
  408  hour requirements under s. 1003.436.
  409         (b) A school district must award one credit, or as
  410  otherwise authorized under this section, for each rigorous
  411  alternative assessment or statewide, standardized assessment
  412  that a student passes, without requiring the student to enroll
  413  in or complete the corresponding coursework, as authorized under
  414  the Credit Acceleration Program pursuant to s. 1003.4295(3).
  415         (6) PROXIES.—Before the beginning of the 2016-2017 school
  416  year, the commissioner shall collaborate with ACT, Inc., and the
  417  College Board to establish proxy values for linking student
  418  performance on rigorous alternative assessments to educator
  419  performance evaluation, school grade, school improvement rating,
  420  and school district grade calculations. Such proxy values for
  421  applicability statewide must be approved by the state board. The
  422  commissioner must seek the Legislature’s approval for the state
  423  board-approved proxy values under this subsection during the
  424  2017 regular session. Additionally, by December 31, 2016, the
  425  commissioner shall submit to the President of the Senate and the
  426  Speaker of the House of Representatives statutory
  427  recommendations for improving the implementation of this
  428  section.
  429         (7) AVAILABILITY.—
  430         (a) Rigorous alternative assessment options specifically
  431  outlined under this section and other options must be adopted by
  432  the state board in rule. Beginning no later than the 2016-2017
  433  school year, a school district must clearly identify the
  434  available rigorous alternative assessment options pursuant to
  435  this section in each district school board-approved student
  436  progression plan, and the proxies established pursuant to
  437  subsection (6) must be included in each district school board
  438  approved educator performance evaluation system.
  439         (b)Pursuant to s. 1008.22, the commissioner shall
  440  coordinate with the school districts to provide for the
  441  administration of rigorous alternative assessments by school
  442  districts or through contracts with private vendors, public
  443  vendors, public agencies, or postsecondary educational
  444  institutions.
  445         (8)STATEWIDE ASSESSMENT CONTRACTS.—
  446         (a) The Department of Education shall immediately
  447  renegotiate the Florida Standards Assessment contract with
  448  American Institutes for Research, Contract Number 14-652, to
  449  implement this section, including, but not limited to, reducing
  450  the contract amount to fund the contracts executed pursuant to
  451  paragraph (c). The competitive procurement requirements in s.
  452  287.057 do not apply to contract renegotiations pursuant to this
  453  paragraph.
  454         1.The department shall ensure the renegotiated contract
  455  fully implements s. 1008.22 and this section. The department’s
  456  priority, for any reductions to the scope of work which are
  457  demanded by American Institutes for Research to implement this
  458  section, is to minimize student disruption.
  459         2. The renegotiated contract shall be executed by May 27,
  460  2016.
  461         3. The renegotiated contract should not result in an
  462  increase in price per assessment or any other price increases.
  463         4. The department may not use any funds to restore the loss
  464  of funds pursuant to this subsection to Contract Number 14-652.
  465         (b) The department may also renegotiate other existing
  466  assessment contracts, such as the Florida Comprehensive
  467  Assessment Test retake contract; the Florida Assessments for
  468  Instruction in Reading assessment contract; the statewide end
  469  of-course assessment contracts; and grants to school districts
  470  for test development, so that funds shall be available for the
  471  administration of the rigorous alternative assessments.
  472         (c) The department shall negotiate and contract with
  473  entities such as ACT, Inc., and the College Board to implement
  474  this section. The competitive procurement requirements in s.
  475  287.057 do not apply to contracts executed pursuant to this
  476  paragraph. The department shall ensure that:
  477         1. The contracts are executed in sufficient time for this
  478  section to be fully implemented in the 2016-2017 school year.
  479         2. All contracts pursuant to this paragraph fully implement
  480  this section.
  481         3. It obtains the lowest possible total contract price and
  482  price per assessment. In obtaining the lowest possible price,
  483  the department shall use the lowest pricing offered by the
  484  vendor in this state and in other states that reasonably matches
  485  the contract’s scope of work.
  486         (d)For 2016-2017, funding for the rigorous alternative
  487  assessments may not cause an increase in the Assessment and
  488  Evaluation appropriation in the General Appropriations Act.
  489  Funds made available as a result of renegotiated statewide,
  490  standardized assessment and other assessment contracts in
  491  paragraphs (a) and (b) shall be used to provide funding for the
  492  alternative assessment contracts in paragraph (c).
  493         (9) NOTIFICATION.—By September 1 of each year, as a
  494  component of notification requirements pursuant to s. 1003.4282,
  495  each district school board must notify students and parents, in
  496  writing, after a properly noticed public meeting, of the
  497  rigorous assessment options that students may select to meet the
  498  subject area, course, credit, and assessment requirements, as
  499  applicable, for student progression and graduation. Each
  500  district school board must publish the notification regarding
  501  rigorous alternative assessment and student choice options
  502  prominently on the home page of the school district’s website.
  503         (10) APPLICABILITY.—The duties assigned to a district
  504  school board pursuant to subsection (2) apply to a charter
  505  school governing board, and the duties assigned to the school
  506  district, superintendent, or district employee apply to a
  507  charter school principal.
  508         (11) RULES.—The State Board of Education shall
  509  expeditiously adopt rules to implement this section. The rules
  510  adopted by the board must clearly identify all options for
  511  awarding credit corresponding to the subject area, course, and
  512  assessment, as applicable. The options must be clearly reflected
  513  in the Course Code Directory, statewide course numbering system,
  514  credit-by-examination equivalency list adopted by the state
  515  board in rule, and the list of equivalency of dual enrollment
  516  courses to high school subject areas which is approved by the
  517  department.
  518         (12) IMPLEMENTATION SCHEDULE FOR THE 2016-2017 SCHOOL
  519  YEAR.—Notwithstanding the provisions of this section, the
  520  following actions related to districtwide use of rigorous
  521  alternative assessment options must occur by the following
  522  specified dates:
  523         (a) A district school board must file with the department a
  524  nonbinding notice of interest to indicate if the school district
  525  intends to administer a rigorous alternative assessment option
  526  specified in subsection (2) and identify the chosen assessment
  527  option by April 1, 2016.
  528         (b) The department shall execute the contracts required
  529  pursuant to subsection (8) by May 27, 2016.
  530         (c) The department shall notify the school districts of the
  531  rigorous alternative assessment option pursuant to subsection
  532  (2) by June 1, 2016.
  533         (d) Each district school board that chooses to administer a
  534  rigorous alternative assessment option pursuant to subsection
  535  (2) must make the decision by July 1, 2016, and must notify the
  536  commissioner and the student’s parents of the board’s decision
  537  by July 8, 2016.
  538         (e) The parent of a student in a school district that
  539  chooses to administer a rigorous alternative assessment option
  540  pursuant to subsection (2) must notify the district by August
  541  10, 2016, in writing, if he or she selects for his or her child
  542  to take the statewide, standardized assessments pursuant to s.
  543  1008.22 for the relevant grade level and subject area which are
  544  administered during that school year.
  545         Section 2. Subsection (5) of section 1002.3105, Florida
  546  Statutes, is amended to read:
  547         1002.3105 Academically Challenging Curriculum to Enhance
  548  Learning (ACCEL) options.—
  549         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
  550  meets the applicable grade 9 cohort graduation requirements of
  551  s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5.,
  552  (c)1.-5., or (d)1.-5., earns three credits in electives, and
  553  earns a cumulative grade point average (GPA) of 2.0 on a 4.0
  554  scale shall be awarded a standard high school diploma in a form
  555  prescribed by the State Board of Education. A student may meet
  556  the requirements specified under this subsection by attaining a
  557  passing score on a rigorous alternative assessment pursuant to
  558  s. 1008.223.
  559         Section 3. Paragraph (a) of subsection (16) of section
  560  1002.33, Florida Statutes, is amended to read:
  561         1002.33 Charter schools.—
  562         (16) EXEMPTION FROM STATUTES.—
  563         (a) A charter school shall operate in accordance with its
  564  charter and shall be exempt from all statutes in chapters 1000
  565  1013. However, a charter school shall be in compliance with the
  566  following statutes in chapters 1000-1013:
  567         1. Those statutes specifically applying to charter schools,
  568  including this section.
  569         2. Those statutes pertaining to the student assessment
  570  program and school grading system, including, but not limited
  571  to, the ability to choose a rigorous alternative assessment
  572  option pursuant to s. 1008.223(2) regardless of its sponsor’s
  573  decision.
  574         3. Those statutes pertaining to the provision of services
  575  to students with disabilities.
  576         4. Those statutes pertaining to civil rights, including s.
  577  1000.05, relating to discrimination.
  578         5. Those statutes pertaining to student health, safety, and
  579  welfare.
  580         Section 4. Subsections (2), (3), and (4) of section
  581  1003.4282, Florida Statutes, are amended to read:
  582         1003.4282 Requirements for a standard high school diploma.—
  583         (2) NOTIFICATION REQUIREMENTS.—By July 8, 2016, for the
  584  2016-2017 school year and by August 1 of each school year
  585  thereafter, the school district must notify students and
  586  parents, in writing, of the requirements for a standard high
  587  school diploma, rigorous alternative assessments pursuant to s.
  588  1008.223 which may be taken in lieu of the statewide,
  589  standardized assessments, available designations, and the
  590  eligibility requirements for state scholarship programs and
  591  postsecondary admissions. The Department of Education shall
  592  directly and through the school districts notify registered
  593  private schools of public high school course credit and
  594  assessment requirements. Each private school must make this
  595  information available to students and their parents so they are
  596  aware of public high school graduation requirements.
  597         (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT
  598  REQUIREMENTS.—Unless otherwise specified under s. 1002.3105, s.
  599  1003.4295(3), or s. 1008.223, a student must meet the following
  600  requirements to earn a standard high school diploma:
  601         (a) Four credits in English Language Arts (ELA).—The four
  602  credits must be in ELA I, II, III, and IV. A student must pass
  603  the statewide, standardized grade 10 Reading assessment or, when
  604  implemented, the grade 10 ELA assessment, or earn a concordant
  605  score, in order to earn a standard high school diploma.
  606         (b) Four credits in mathematics.—A student must earn one
  607  credit in Algebra I and one credit in Geometry. A student’s
  608  performance on the statewide, standardized Algebra I end-of
  609  course (EOC) assessment constitutes 30 percent of the student’s
  610  final course grade. A student must pass the statewide,
  611  standardized Algebra I EOC assessment, or earn a comparative
  612  score, in order to earn a standard high school diploma. A
  613  student’s performance on the statewide, standardized Geometry
  614  EOC assessment constitutes 30 percent of the student’s final
  615  course grade. If the state administers a statewide, standardized
  616  Algebra II assessment, a student selecting Algebra II must take
  617  the assessment, and the student’s performance on the assessment
  618  constitutes 30 percent of the student’s final course grade. An A
  619  student who earns an industry certification attained by a
  620  student for which there is a statewide college credit
  621  articulation agreement approved by the State Board of Education
  622  shall may substitute the certification for one mathematics
  623  credit. Substitution may occur for up to two mathematics
  624  credits, except for Algebra I and Geometry.
  625         (c) Three credits in science.—Two of the three required
  626  credits must have a laboratory component. A student must earn
  627  one credit in Biology I and two credits in equally rigorous
  628  courses. The statewide, standardized Biology I EOC assessment
  629  constitutes 30 percent of the student’s final course grade. An A
  630  student who earns an industry certification attained by a
  631  student for which there is a statewide college credit
  632  articulation agreement approved by the State Board of Education
  633  shall may substitute the certification for one science credit,
  634  except for Biology I.
  635         (d) Three credits in social studies.—A student must earn
  636  one credit in United States History; one credit in World
  637  History; one-half credit in economics, which must include
  638  financial literacy; and one-half credit in United States
  639  Government. The United States History EOC assessment constitutes
  640  30 percent of the student’s final course grade.
  641         (e) One credit in fine or performing arts, speech and
  642  debate, or practical arts.—The practical arts course must
  643  incorporate artistic content and techniques of creativity,
  644  interpretation, and imagination. Eligible practical arts courses
  645  are identified in the Course Code Directory.
  646         (f) One credit in physical education.—Physical education
  647  must include the integration of health. Participation in an
  648  interscholastic sport at the junior varsity or varsity level for
  649  two full seasons shall satisfy the one-credit requirement in
  650  physical education if the student passes a competency test on
  651  personal fitness with a score of “C” or better. The competency
  652  test on personal fitness developed by the Department of
  653  Education must be used. A district school board may not require
  654  that the one credit in physical education be taken during the
  655  9th grade year. Completion of one semester with a grade of “C”
  656  or better in a marching band class, in a physical activity class
  657  that requires participation in marching band activities as an
  658  extracurricular activity, or in a dance class shall satisfy one
  659  half credit in physical education or one-half credit in
  660  performing arts. This credit may not be used to satisfy the
  661  personal fitness requirement or the requirement for adaptive
  662  physical education under an individual education plan (IEP) or
  663  504 plan. Completion of 2 years in a Reserve Officer Training
  664  Corps (R.O.T.C.) class, a significant component of which is
  665  drills, shall satisfy the one-credit requirement in physical
  666  education and the one-credit requirement in performing arts.
  667  This credit may not be used to satisfy the personal fitness
  668  requirement or the requirement for adaptive physical education
  669  under an IEP or 504 plan.
  670         (g) Eight credits in electives.—School districts must
  671  develop and offer coordinated electives so that a student may
  672  develop knowledge and skills in his or her area of interest,
  673  such as electives with a STEM or liberal arts focus. Such
  674  electives must include opportunities for students to earn
  675  college credit, including industry-certified career education
  676  programs or series of career-themed courses that result in
  677  industry certification or articulate into the award of college
  678  credit, or career education courses for which there is a
  679  statewide or local articulation agreement and which lead to
  680  college credit.
  681  
  682  Unless otherwise authorized under s. 1008.223, a student must
  683  take the statewide, standardized assessments and pass the grade
  684  10 ELA and Algebra I EOC assessments as specified under this
  685  subsection to earn a standard high school diploma.
  686         (4) ONLINE COURSE REQUIREMENT.—At least one course within
  687  the 24 credits required under this section must be completed
  688  through online learning. A school district may not require a
  689  student to take the online course outside the school day or in
  690  addition to a student’s courses for a given semester.
  691         (a) An online course taken in grade 6, grade 7, or grade 8
  692  fulfills the this requirement in this subsection. The This
  693  requirement is met through an online course offered by the
  694  Florida Virtual School, a virtual education provider approved by
  695  the State Board of Education, a high school, or an online dual
  696  enrollment course. A student who is enrolled in a full-time or
  697  part-time virtual instruction program under s. 1002.45 meets the
  698  this requirement.
  699         (b) A district school board or a charter school governing
  700  board, as applicable, may offer students the following options
  701  to satisfy the online course requirement in this subsection:
  702         1. Completion of a course in which a student earns a
  703  nationally recognized industry certification in information
  704  technology that is identified on the CAPE Industry Certification
  705  Funding List pursuant to s. 1008.44 or passage of the
  706  information technology certification examination without
  707  enrollment in or completion of the corresponding course or
  708  courses, as applicable.
  709         2. Passage of an online content assessment, without
  710  enrollment in or completion of the corresponding course or
  711  courses, as applicable, by which the student demonstrates skills
  712  and competency in locating information and applying technology
  713  for instructional purposes.
  714  
  715  For purposes of this subsection, a school district may not
  716  require a student to take the online course outside the school
  717  day or in addition to a student’s courses for a given semester.
  718  This subsection requirement does not apply to a student who has
  719  an individual education plan under s. 1003.57 which indicates
  720  that an online course would be inappropriate or to an out-of
  721  state transfer student who is enrolled in a Florida high school
  722  and has 1 academic year or less remaining in high school.
  723         Section 5. Subsection (1) of section 1003.4285, Florida
  724  Statutes, is amended to read:
  725         1003.4285 Standard high school diploma designations.—
  726         (1) Each standard high school diploma shall include, as
  727  applicable, the following designations if the student meets the
  728  criteria set forth for the designation:
  729         (a) Scholar designation.—In addition to the requirements of
  730  s. 1003.4282, in order to earn the Scholar designation, a
  731  student must satisfy the following requirements through
  732  statewide, standardized assessments or rigorous alternative
  733  assessments as authorized under s. 1008.223:
  734         1. Mathematics.—Earn one credit in Algebra II and one
  735  credit in statistics or an equally rigorous course. Beginning
  736  with students entering grade 9 in the 2014-2015 school year,
  737  pass the Algebra II and Geometry statewide, standardized
  738  assessments.
  739         2. Science.—Pass the statewide, standardized Biology I EOC
  740  assessment and earn one credit in chemistry or physics and one
  741  credit in a course equally rigorous to chemistry or physics.
  742  However, a student enrolled in an Advanced Placement (AP),
  743  International Baccalaureate (IB), or Advanced International
  744  Certificate of Education (AICE) Biology course who takes the
  745  respective AP, IB, or AICE Biology assessment and earns the
  746  minimum score necessary to earn college credit as identified
  747  pursuant to s. 1007.27(2) meets the requirement of this
  748  subparagraph without having to take the statewide, standardized
  749  Biology I EOC assessment.
  750         3. Social studies.—Pass the statewide, standardized United
  751  States History EOC assessment. However, a student enrolled in an
  752  AP, IB, or AICE course that includes United States History
  753  topics who takes the respective AP, IB, or AICE assessment and
  754  earns the minimum score necessary to earn college credit as
  755  identified pursuant to s. 1007.27(2) meets the requirement of
  756  this subparagraph without having to take the statewide,
  757  standardized United States History EOC assessment.
  758         4. Foreign language.—Earn two credits in the same foreign
  759  language.
  760         5. Electives.—Earn at least one credit in an Advanced
  761  Placement, an International Baccalaureate, an Advanced
  762  International Certificate of Education, or a dual enrollment
  763  course.
  764         (b) Merit designation.—In addition to the requirements of
  765  s. 1003.4282, in order to earn the Merit designation, a student
  766  must attain one or more industry certifications from the list
  767  established under s. 1003.492.
  768         Section 6. Subsection (3) of section 1003.4295, Florida
  769  Statutes, is amended to read:
  770         1003.4295 Acceleration options.—
  771         (3) The Credit Acceleration Program (CAP) is created for
  772  the purpose of allowing a student to earn high school credit in
  773  Algebra I, Algebra II, geometry, United States history, or
  774  biology if the student passes the statewide, standardized
  775  assessment administered under s. 1008.22. Notwithstanding s.
  776  1003.436, a school district shall award course credit to a
  777  student who is not enrolled in the course, or who has not
  778  completed the course, if the student attains a passing score on
  779  the corresponding statewide, standardized assessment, an
  780  examination identified under s. 1007.27(2), or a rigorous
  781  alternative assessment under s. 1008.223. The school district
  782  shall permit a student who is not enrolled in the course, or who
  783  has not completed the course, to take the assessment during the
  784  regular administration of the assessment.
  785         Section 7. Paragraph (a) of subsection (1) of section
  786  1003.436, Florida Statutes, is amended to read:
  787         1003.436 Definition of “credit.”—
  788         (1)(a) For the purposes of requirements for high school
  789  graduation, one full credit means a minimum of 135 hours of bona
  790  fide instruction in a designated course of study that contains
  791  student performance standards, except as otherwise provided
  792  through the Credit Acceleration Program (CAP) under s.
  793  1003.4295(3). One full credit means a minimum of 120 hours of
  794  bona fide instruction in a designated course of study that
  795  contains student performance standards for purposes of meeting
  796  high school graduation requirements in a district school that
  797  has been authorized to implement block scheduling by the
  798  district school board. The State Board of Education shall
  799  determine the number of postsecondary credit hours earned
  800  through dual enrollment pursuant to s. 1007.271 that satisfy the
  801  requirements of a dual enrollment articulation agreement
  802  according to s. 1007.271(21) and that equal one full credit of
  803  the equivalent high school course identified pursuant to s.
  804  1007.271(9). Notwithstanding this paragraph, if a student
  805  attains a passing score on an examination or assessment
  806  identified under s 1007.27(2) or s. 1008.223, the score must be
  807  considered equal to one full credit of an equivalent or equally
  808  rigorous high school course, or as authorized under s. 1008.223,
  809  and shall apply toward the subject area, course, credit, and
  810  assessment requirements for student progression and graduation.
  811         Section 8. Paragraph (b) of subsection (1) of section
  812  1006.28, Florida Statutes, is amended to read:
  813         1006.28 Duties of district school board, district school
  814  superintendent; and school principal regarding K-12
  815  instructional materials.—
  816         (1) DISTRICT SCHOOL BOARD.—The district school board has
  817  the constitutional duty and responsibility to select and provide
  818  adequate instructional materials for all students in accordance
  819  with the requirements of this part. The term “adequate
  820  instructional materials” means a sufficient number of student or
  821  site licenses or sets of materials that are available in bound,
  822  unbound, kit, or package form and may consist of hardbacked or
  823  softbacked textbooks, electronic content, consumables, learning
  824  laboratories, manipulatives, electronic media, and computer
  825  courseware or software that serve as the basis for instruction
  826  for each student in the core subject areas of mathematics,
  827  language arts, social studies, science, reading, and literature.
  828  The district school board has the following specific duties and
  829  responsibilities:
  830         (b) Instructional materials.—Provide for proper
  831  requisitioning, distribution, accounting, storage, care, and use
  832  of all instructional materials and furnish such other
  833  instructional materials as may be needed. Instructional
  834  materials used must be consistent with the district goals and
  835  objectives and the course descriptions established in rule of
  836  the State Board of Education, as well as with the applicable
  837  Next Generation Sunshine State Standards provided for in s.
  838  1003.41 or a rigorous alternative assessment option pursuant to
  839  s. 1008.223(2) for students to demonstrate college and career
  840  readiness. A district school board that uses a rigorous
  841  alternative assessment option pursuant to s. 1008.223(2) may
  842  continue to use any of the processes in ss. 1006.28-1006.42 to
  843  obtain instructional materials; however, the district school
  844  board must certify at a public meeting that such instructional
  845  materials are appropriate for students who take the rigorous
  846  alternative assessments in the relevant grades and subject
  847  areas.
  848         Section 9. Subsections (2), (3), and (6) of section
  849  1007.27, Florida Statutes, are amended to read:
  850         1007.27 Articulated acceleration mechanisms.—
  851         (2) The Department of Education shall annually identify and
  852  publish the minimum scores, maximum credit, and course or
  853  courses for which credit is to be awarded for each College Level
  854  Examination Program (CLEP) subject examination, College Board
  855  Advanced Placement Program examination, Advanced International
  856  Certificate of Education examination, and International
  857  Baccalaureate examination, DSST examination, Excelsior College
  858  Examinations, and UExcel examination. The department shall use
  859  student performance data in subsequent postsecondary courses to
  860  determine the appropriate examination scores and courses for
  861  which credit is to be granted. Minimum scores may vary by
  862  subject area based on available performance data. In addition,
  863  the department shall identify such courses in the general
  864  education core curriculum of each state university and Florida
  865  College System institution.
  866         (3) Each district school board, Florida College System
  867  institution, and state university must award credit for specific
  868  courses for which competency has been demonstrated by successful
  869  passage of one of the examinations in subsection (2) unless the
  870  award of credit duplicates credit already awarded. District
  871  school boards, Florida College System institutions, and state
  872  universities may not exempt students from courses without the
  873  award of credit if competencies have been so demonstrated.
  874         (6) Credit by examination shall be the program through
  875  which secondary and postsecondary students generate high school
  876  and postsecondary credit based on the receipt of a specified
  877  minimum score on nationally standardized general or subject-area
  878  examinations. For the purpose of statewide application, such
  879  examinations and the corresponding minimum scores required for
  880  an award of high school and postsecondary credit shall be
  881  delineated by the State Board of Education or and the Board of
  882  Governors, as applicable, in the statewide articulation
  883  agreement required by s. 1007.23(1) and the credit-by
  884  examination equivalency list adopted by the state board in rule
  885  pursuant to s. 1007.27. The maximum credit generated by a
  886  student pursuant to this subsection shall be mitigated by any
  887  related postsecondary credit earned by the student before prior
  888  to the administration of the examination. This subsection does
  889  shall not preclude Florida College System institutions and
  890  universities from awarding postsecondary credit by examination
  891  based on student performance on examinations developed within
  892  and recognized by the individual postsecondary institutions.
  893         Section 10. Paragraph (a) of subsection (6) and subsection
  894  (18) of section 1007.271, Florida Statutes, are amended to read:
  895         1007.271 Dual enrollment programs.—
  896         (6) The following curriculum standards apply to college
  897  credit dual enrollment:
  898         (a) Dual enrollment courses taught on the high school
  899  campus must meet the same competencies required for courses
  900  taught on the postsecondary institution campus. To ensure
  901  equivalent rigor with courses taught on the postsecondary
  902  institution campus, the secondary school or the postsecondary
  903  institution that provides the dual enrollment course instruction
  904  offering the course is responsible for providing in a timely
  905  manner a comprehensive, cumulative end-of-course assessment, a
  906  rigorous alternative assessment pursuant to s. 1008.223, or a
  907  series of assessments of all expected learning outcomes to the
  908  faculty member teaching the course. Completed, scored
  909  assessments must be returned to the postsecondary institution
  910  and held for 1 year.
  911         (18) School districts and Florida College System
  912  institutions must weigh dual enrollment courses the same as
  913  advanced placement, International Baccalaureate, and Advanced
  914  International Certificate of Education courses when grade point
  915  averages are calculated. Unless otherwise specified in s.
  916  1008.223, alternative grade calculation systems, alternative
  917  grade weighting systems, and information regarding student
  918  education options that discriminate against dual enrollment
  919  courses are prohibited.
  920         Section 11. Paragraph (c) of subsection (1) of section
  921  1011.61, Florida Statutes, is amended to read:
  922         1011.61 Definitions.—Notwithstanding the provisions of s.
  923  1000.21, the following terms are defined as follows for the
  924  purposes of the Florida Education Finance Program:
  925         (1) A “full-time equivalent student” in each program of the
  926  district is defined in terms of full-time students and part-time
  927  students as follows:
  928         (c)1. A “full-time equivalent student” is:
  929         a. A full-time student in any one of the programs listed in
  930  s. 1011.62(1)(c); or
  931         b. A combination of full-time or part-time students in any
  932  one of the programs listed in s. 1011.62(1)(c) which is the
  933  equivalent of one full-time student based on the following
  934  calculations:
  935         (I) A full-time student in a combination of programs listed
  936  in s. 1011.62(1)(c) shall be a fraction of a full-time
  937  equivalent membership in each special program equal to the
  938  number of net hours per school year for which he or she is a
  939  member, divided by the appropriate number of hours set forth in
  940  subparagraph (a)1. or subparagraph (a)2. The difference between
  941  that fraction or sum of fractions and the maximum value as set
  942  forth in subsection (4) for each full-time student is presumed
  943  to be the balance of the student’s time not spent in a special
  944  program and shall be recorded as time in the appropriate basic
  945  program.
  946         (II) A prekindergarten student with a disability shall meet
  947  the requirements specified for kindergarten students.
  948         (III) A full-time equivalent student for students in
  949  kindergarten through grade 12 in a full-time virtual instruction
  950  program under s. 1002.45 or a virtual charter school under s.
  951  1002.33 shall consist of six full-credit completions or the
  952  prescribed level of content that counts toward promotion to the
  953  next grade in programs listed in s. 1011.62(1)(c). Credit
  954  completions may be a combination of full-credit courses or half
  955  credit courses. Beginning in the 2016-2017 fiscal year, the
  956  reported full-time equivalent students and associated funding of
  957  students enrolled in courses requiring passage of an end-of
  958  course assessment under s. 1003.4282 to earn a standard high
  959  school diploma shall be adjusted if the student does not pass
  960  the end-of-course assessment. However, no adjustment shall be
  961  made for a student who enrolls in a segmented remedial course
  962  delivered online.
  963         (IV) A full-time equivalent student for students in
  964  kindergarten through grade 12 in a part-time virtual instruction
  965  program under s. 1002.45 shall consist of six full-credit
  966  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  967  Credit completions may be a combination of full-credit courses
  968  or half-credit courses. Beginning in the 2016-2017 fiscal year,
  969  the reported full-time equivalent students and associated
  970  funding of students enrolled in courses requiring passage of an
  971  end-of-course assessment under s. 1003.4282 to earn a standard
  972  high school diploma shall be adjusted if the student does not
  973  pass the end-of-course assessment. However, no adjustment shall
  974  be made for a student who enrolls in a segmented remedial course
  975  delivered online.
  976         (V) A Florida Virtual School full-time equivalent student
  977  shall consist of six full-credit completions or the prescribed
  978  level of content that counts toward promotion to the next grade
  979  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  980  participating in kindergarten through grade 12 part-time virtual
  981  instruction and the programs listed in s. 1011.62(1)(c) for
  982  students participating in kindergarten through grade 12 full
  983  time virtual instruction. Credit completions may be a
  984  combination of full-credit courses or half-credit courses.
  985  Beginning in the 2016-2017 fiscal year, the reported full-time
  986  equivalent students and associated funding of students enrolled
  987  in courses requiring passage of an end-of-course assessment
  988  under s. 1003.4282 to earn a standard high school diploma shall
  989  be adjusted if the student does not pass the end-of-course
  990  assessment. However, no adjustment shall be made for a student
  991  who enrolls in a segmented remedial course delivered online.
  992         (VI) Each successfully completed full-credit course earned
  993  through an online course delivered by a district other than the
  994  one in which the student resides shall be calculated as 1/6 FTE.
  995         (VII) A full-time equivalent student for courses requiring
  996  passage of a statewide, standardized end-of-course assessment
  997  under s. 1003.4282 to earn a standard high school diploma shall
  998  be defined and reported based on the number of instructional
  999  hours as provided in this subsection until the 2016-2017 fiscal
 1000  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1001  course shall be assessment-based and shall be equal to 1/6 FTE.
 1002  The reported FTE shall be adjusted if the student does not pass
 1003  the end-of-course assessment. However, no adjustment shall be
 1004  made for a student who enrolls in a segmented remedial course
 1005  delivered online.
 1006         (VIII) For students enrolled in a school district as a
 1007  full-time student, the district may report 1/6 FTE for each
 1008  student who passes a statewide, standardized end-of-course
 1009  assessment or a rigorous alternative assessment pursuant to s.
 1010  1008.223 without being enrolled in the corresponding course.
 1011         2. A student in membership in a program scheduled for more
 1012  or less than 180 school days or the equivalent on an hourly
 1013  basis as specified by rules of the State Board of Education is a
 1014  fraction of a full-time equivalent membership equal to the
 1015  number of instructional hours in membership divided by the
 1016  appropriate number of hours set forth in subparagraph (a)1.;
 1017  however, for the purposes of this subparagraph, membership in
 1018  programs scheduled for more than 180 days is limited to students
 1019  enrolled in:
 1020         a. Juvenile justice education programs.
 1021         b. The Florida Virtual School.
 1022         c. Virtual instruction programs and virtual charter schools
 1023  for the purpose of course completion and credit recovery
 1024  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1025  only to a student who is reported during the second or third
 1026  membership surveys and who does not complete a virtual education
 1027  course by the end of the regular school year. The course must be
 1028  completed no later than the deadline for amending the final
 1029  student enrollment survey for that year. Credit recovery applies
 1030  only to a student who has unsuccessfully completed a traditional
 1031  or virtual education course during the regular school year and
 1032  must re-take the course in order to be eligible to graduate with
 1033  the student’s class.
 1034  
 1035  The full-time equivalent student enrollment calculated under
 1036  this subsection is subject to the requirements in subsection
 1037  (4).
 1038  
 1039  The department shall determine and implement an equitable method
 1040  of equivalent funding for experimental schools and for schools
 1041  operating under emergency conditions, which schools have been
 1042  approved by the department to operate for less than the minimum
 1043  school day.
 1044         Section 12. Paragraphs (l) through (o) of subsection (1) of
 1045  section 1011.62, Florida Statutes, are amended to read:
 1046         1011.62 Funds for operation of schools.—If the annual
 1047  allocation from the Florida Education Finance Program to each
 1048  district for operation of schools is not determined in the
 1049  annual appropriations act or the substantive bill implementing
 1050  the annual appropriations act, it shall be determined as
 1051  follows:
 1052         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1053  OPERATION.—The following procedure shall be followed in
 1054  determining the annual allocation to each district for
 1055  operation:
 1056         (l) Calculation of additional full-time equivalent
 1057  membership based on International Baccalaureate examination
 1058  scores of students.—A value of 0.16 full-time equivalent student
 1059  membership shall be calculated for each student enrolled in an
 1060  International Baccalaureate course who receives a score of 4 or
 1061  higher on a subject examination. A value of 0.3 full-time
 1062  equivalent student membership shall be calculated for each
 1063  student who receives an International Baccalaureate diploma.
 1064  Such value shall be added to the total full-time equivalent
 1065  student membership in basic programs for grades 9 through 12 in
 1066  the subsequent fiscal year. Each school district shall allocate
 1067  80 percent of the funds received from International
 1068  Baccalaureate bonus FTE funding to the school program whose
 1069  students generate the funds and to school programs that prepare
 1070  prospective students to enroll in International Baccalaureate
 1071  courses. Funds shall be expended solely for the payment of
 1072  allowable costs associated with the International Baccalaureate
 1073  program. Allowable costs include International Baccalaureate
 1074  annual school fees; International Baccalaureate examination
 1075  fees; salary, benefits, and bonuses for teachers and program
 1076  coordinators for the International Baccalaureate program and
 1077  teachers and coordinators who prepare prospective students for
 1078  the International Baccalaureate program; supplemental books;
 1079  instructional supplies; instructional equipment or instructional
 1080  materials for International Baccalaureate courses; other
 1081  activities that identify prospective International Baccalaureate
 1082  students or prepare prospective students to enroll in
 1083  International Baccalaureate courses; and training or
 1084  professional development for International Baccalaureate
 1085  teachers. School districts shall allocate the remaining 20
 1086  percent of the funds received from International Baccalaureate
 1087  bonus FTE funding for programs that assist academically
 1088  disadvantaged students to prepare for more rigorous courses. The
 1089  school district shall distribute to each classroom teacher who
 1090  provided International Baccalaureate instruction:
 1091         1. A bonus in the amount of $50 for each student taught by
 1092  the International Baccalaureate teacher in each International
 1093  Baccalaureate course who receives a score of 4 or higher on the
 1094  International Baccalaureate examination.
 1095         2. An additional bonus of $500 to each International
 1096  Baccalaureate teacher in a school designated with a grade of “D”
 1097  or “F” who has at least one student scoring 4 or higher on the
 1098  International Baccalaureate examination, regardless of the
 1099  number of classes taught or of the number of students scoring a
 1100  4 or higher on the International Baccalaureate examination.
 1101  
 1102  Bonuses awarded to a teacher according to this paragraph may not
 1103  exceed $2,000 in any given school year. However, the maximum
 1104  bonus shall be $3,000 if at least 50 percent of the students
 1105  enrolled in a teacher’s course earn a score of 4 or higher on
 1106  the examination in a school designated with a grade of “A,” “B,”
 1107  or “C”; or if at least 25 percent of the students enrolled in a
 1108  teacher’s course earn a score of 4 or higher on the examination
 1109  in a school designated with a grade of “D” or “F.” Bonuses
 1110  awarded under this paragraph shall be in addition to any regular
 1111  wage or other bonus the teacher received or is scheduled to
 1112  receive. For such courses, the teacher shall earn an additional
 1113  bonus of $50 for each student who has a qualifying score up to
 1114  the maximum of $3,000 in any given school year.
 1115         (m) Calculation of additional full-time equivalent
 1116  membership based on Advanced International Certificate of
 1117  Education examination scores of students.—A value of 0.16 full
 1118  time equivalent student membership shall be calculated for each
 1119  student enrolled in a full-credit Advanced International
 1120  Certificate of Education course who receives a score of E or
 1121  higher on a subject examination. A value of 0.08 full-time
 1122  equivalent student membership shall be calculated for each
 1123  student enrolled in a half-credit Advanced International
 1124  Certificate of Education course who receives a score of E or
 1125  higher on a subject examination. A value of 0.3 full-time
 1126  equivalent student membership shall be calculated for each
 1127  student who receives an Advanced International Certificate of
 1128  Education diploma. Such value shall be added to the total full
 1129  time equivalent student membership in basic programs for grades
 1130  9 through 12 in the subsequent fiscal year. The school district
 1131  shall distribute to each classroom teacher who provided Advanced
 1132  International Certificate of Education instruction:
 1133         1. A bonus in the amount of $50 for each student taught by
 1134  the Advanced International Certificate of Education teacher in
 1135  each full-credit Advanced International Certificate of Education
 1136  course who receives a score of E or higher on the Advanced
 1137  International Certificate of Education examination. A bonus in
 1138  the amount of $25 for each student taught by the Advanced
 1139  International Certificate of Education teacher in each half
 1140  credit Advanced International Certificate of Education course
 1141  who receives a score of E or higher on the Advanced
 1142  International Certificate of Education examination.
 1143         2. An additional bonus of $500 to each Advanced
 1144  International Certificate of Education teacher in a school
 1145  designated with a grade of “D” or “F” who has at least one
 1146  student scoring E or higher on the full-credit Advanced
 1147  International Certificate of Education examination, regardless
 1148  of the number of classes taught or of the number of students
 1149  scoring an E or higher on the full-credit Advanced International
 1150  Certificate of Education examination.
 1151         3. Additional bonuses of $250 each to teachers of half
 1152  credit Advanced International Certificate of Education classes
 1153  in a school designated with a grade of “D” or “F” which has at
 1154  least one student scoring an E or higher on the half-credit
 1155  Advanced International Certificate of Education examination in
 1156  that class. The maximum additional bonus for a teacher awarded
 1157  in accordance with this subparagraph may shall not exceed $500
 1158  in any given school year. Teachers receiving an award under
 1159  subparagraph 2. are not eligible for a bonus under this
 1160  subparagraph.
 1161  
 1162  Bonuses awarded to a teacher according to this paragraph shall
 1163  not exceed $2,000 in any given school year and shall be in
 1164  addition to any regular wage or other bonus the teacher received
 1165  or is scheduled to receive.
 1166         (n) Calculation of additional full-time equivalent
 1167  membership based on college board advanced placement scores of
 1168  students.—A value of 0.16 full-time equivalent student
 1169  membership shall be calculated for each student in each advanced
 1170  placement course who receives a score of 3 or higher on the
 1171  College Board Advanced Placement Examination for the prior year
 1172  and added to the total full-time equivalent student membership
 1173  in basic programs for grades 9 through 12 in the subsequent
 1174  fiscal year. Each district must allocate at least 80 percent of
 1175  the funds provided to the district for advanced placement
 1176  instruction, in accordance with this paragraph, to the high
 1177  school that generates the funds. The school district shall
 1178  distribute to each classroom teacher who provided advanced
 1179  placement instruction:
 1180         1. A bonus in the amount of $50 for each student taught by
 1181  the Advanced Placement teacher in each advanced placement course
 1182  who receives a score of 3 or higher on the College Board
 1183  Advanced Placement Examination.
 1184         2. An additional bonus of $500 to each Advanced Placement
 1185  teacher in a school designated with a grade of “D” or “F” who
 1186  has at least one student scoring 3 or higher on the College
 1187  Board Advanced Placement Examination, regardless of the number
 1188  of classes taught or of the number of students scoring a 3 or
 1189  higher on the College Board Advanced Placement Examination.
 1190  
 1191  Bonuses awarded to a teacher according to this paragraph shall
 1192  not exceed $2,000 in any given school year. However, the maximum
 1193  bonus shall be $3,000 if at least 50 percent of the students
 1194  enrolled in a teacher’s course earn a score of 3 or higher on
 1195  the examination in a school with a grade of “A,” “B,” or “C” or
 1196  if at least 25 percent of the students enrolled in a teacher’s
 1197  course earn a score of 3 or higher on the examination in a
 1198  school with a grade of “D” or “F.” Bonuses awarded under this
 1199  paragraph shall be in addition to any regular wage or other
 1200  bonus the teacher received or is scheduled to receive. For such
 1201  courses, the teacher shall earn an additional bonus of $50 for
 1202  each student who has a qualifying score up to the maximum of
 1203  $3,000 in any given school year.
 1204         (o) Calculation of additional full-time equivalent
 1205  membership based on successful completion of a career-themed
 1206  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
 1207  courses with embedded CAPE industry certifications or CAPE
 1208  Digital Tool certificates, and issuance of industry
 1209  certification identified on the CAPE Industry Certification
 1210  Funding List pursuant to rules adopted by the State Board of
 1211  Education or CAPE Digital Tool certificates pursuant to s.
 1212  1003.4203.—
 1213         1.a. A value of 0.025 full-time equivalent student
 1214  membership shall be calculated for CAPE Digital Tool
 1215  certificates earned by students in elementary and middle school
 1216  grades.
 1217         b. A value of 0.1 or 0.2 full-time equivalent student
 1218  membership shall be calculated for each student who completes a
 1219  course as defined in s. 1003.493(1)(b) or courses with embedded
 1220  CAPE industry certifications and who is issued an industry
 1221  certification identified annually on the CAPE Industry
 1222  Certification Funding List approved under rules adopted by the
 1223  State Board of Education. A value of 0.2 full-time equivalent
 1224  membership shall be calculated for each student who is issued a
 1225  CAPE industry certification that has a statewide articulation
 1226  agreement for college credit approved by the State Board of
 1227  Education. For CAPE industry certifications that do not
 1228  articulate for college credit, the Department of Education shall
 1229  assign a full-time equivalent value of 0.1 for each
 1230  certification. Middle grades students who earn additional FTE
 1231  membership for a CAPE Digital Tool certificate pursuant to sub
 1232  subparagraph a. may not use the previously funded examination to
 1233  satisfy the requirements for earning an industry certification
 1234  under this sub-subparagraph. Additional FTE membership for an
 1235  elementary or middle grades student may shall not exceed 0.1 for
 1236  certificates or certifications earned within the same fiscal
 1237  year. The State Board of Education shall include the assigned
 1238  values on the CAPE Industry Certification Funding List under
 1239  rules adopted by the state board. Such value shall be added to
 1240  the total full-time equivalent student membership for grades 6
 1241  through 12 in the subsequent year for courses that were not
 1242  provided through dual enrollment. CAPE industry certifications
 1243  earned through dual enrollment must be reported and funded
 1244  pursuant to s. 1011.80.
 1245         c. A value of 0.3 full-time equivalent student membership
 1246  shall be calculated for student completion of the courses and
 1247  the embedded certifications identified on the CAPE Industry
 1248  Certification Funding List and approved by the commissioner
 1249  pursuant to ss. 1003.4203(5)(a) and 1008.44.
 1250         d. A value of 0.5 full-time equivalent student membership
 1251  shall be calculated for CAPE Acceleration Industry
 1252  Certifications that articulate for 15 to 29 college credit
 1253  hours, and 1.0 full-time equivalent student membership shall be
 1254  calculated for CAPE Acceleration Industry Certifications that
 1255  articulate for 30 or more college credit hours pursuant to CAPE
 1256  Acceleration Industry Certifications approved by the
 1257  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
 1258         2. Each district must allocate at least 80 percent of the
 1259  funds provided for CAPE industry certification, in accordance
 1260  with this paragraph, to the program that generated the funds.
 1261  This allocation may not be used to supplant funds provided for
 1262  basic operation of the program.
 1263         3. For CAPE industry certifications earned in the 2013-2014
 1264  school year and in subsequent years, the school district shall
 1265  distribute to each classroom teacher who provided direct
 1266  instruction toward the attainment of a CAPE industry
 1267  certification that qualified for additional full-time equivalent
 1268  membership under subparagraph 1.:
 1269         a. A bonus in the amount of $25 for each student taught by
 1270  a teacher who provided instruction in a course that led to the
 1271  attainment of a CAPE industry certification on the CAPE Industry
 1272  Certification Funding List with a weight of 0.1.
 1273         b. A bonus in the amount of $50 for each student taught by
 1274  a teacher who provided instruction in a course that led to the
 1275  attainment of a CAPE industry certification on the CAPE Industry
 1276  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
 1277  1.0.
 1278  
 1279  Bonuses awarded pursuant to this paragraph shall be provided to
 1280  teachers who are employed by the district in the year in which
 1281  the additional FTE membership calculation is included in the
 1282  calculation. Bonuses shall be calculated based upon the
 1283  associated weight of a CAPE industry certification on the CAPE
 1284  Industry Certification Funding List for the year in which the
 1285  certification is earned by the student. Any bonus awarded to a
 1286  teacher under this paragraph may not exceed $2,000 in any given
 1287  school year and is in addition to any regular wage or other
 1288  bonus the teacher received or is scheduled to receive.
 1289         Section 13. Paragraph (e) is added to subsection (3) of
 1290  section 1012.34, Florida Statutes, to read:
 1291         1012.34 Personnel evaluation procedures and criteria.—
 1292         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 1293  personnel and school administrator performance evaluations must
 1294  be based upon the performance of students assigned to their
 1295  classrooms or schools, as provided in this section. Pursuant to
 1296  this section, a school district’s performance evaluation system
 1297  is not limited to basing unsatisfactory performance of
 1298  instructional personnel and school administrators solely upon
 1299  student performance, but may include other criteria to evaluate
 1300  instructional personnel and school administrators’ performance,
 1301  or any combination of student performance and other criteria.
 1302  Evaluation procedures and criteria must comply with, but are not
 1303  limited to, the following:
 1304         (e) A classroom teacher’s performance evaluation must be
 1305  based on the performance of students with fewer than 25 absences
 1306  within the school year, or for schools with block scheduling,
 1307  fewer than 10 absences within the school year, assigned to their
 1308  classrooms, as provided in this section.
 1309         Section 14. Present subsection (27) of section 1001.42,
 1310  Florida Statutes, is redesignated as subsection (28), and a new
 1311  subsection (27) is added to that section, to read:
 1312         1001.42 Powers and duties of district school board.—The
 1313  district school board, acting as a board, shall exercise all
 1314  powers and perform all duties listed below:
 1315         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
 1316  management and instruction, give suggestions for improvement,
 1317  and advise citizens with the view of promoting interest in
 1318  education and improving the school.
 1319         Section 15. By July 1, 2016, the Commissioner of Education
 1320  shall amend Florida’s request for renewal of flexibility under
 1321  the Elementary and Secondary Education Act of 1965 (ESEA), 20
 1322  U.S.C. ss. 6301 et seq., as necessary to implement s. 1008.223,
 1323  Florida Statutes, and submit any additional documentation to the
 1324  United States Department of Education which may be required to
 1325  maintain compliance with Florida’s ESEA flexibility waiver
 1326  approved by the United States Secretary of Education. The
 1327  commissioner shall faithfully and timely execute all other
 1328  duties required of him or her under s. 1008.223, Florida
 1329  Statutes, and the federal ESEA. By August 1, 2016, the
 1330  commissioner shall submit to the Governor, the President of the
 1331  Senate, and the Speaker of the House of Representatives a report
 1332  on the status of implementation of s. 1008.223, Florida
 1333  Statutes, and compliance with the ESEA.
 1334         Section 16. This act shall take effect upon becoming a law.