Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/HB 7045
510960
Senate
Floor: 1/RE/2R
4/30/2008 10:07 PM
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House
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Senator Gaetz moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (7) of section 1000.21, Florida
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Statutes, is amended to read:
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1000.21 Systemwide definitions.--As used in the Florida K-
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20 Education Code:
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(7) "Sunshine State Standards" or the "Next Generation
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Sunshine State Standards" means the state's public K-12
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curricular are standards established under s. 1003.41. The term
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includes the Sunshine State Standards that are in place for a
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subject until the standards for that subject are replaced under
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s. 1003.41 by the Next Generation Sunshine State Standards. that
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identify what public school students should know and be able to
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do. These standards delineate the academic achievement of
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students for which the state will hold its public schools
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accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects of
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language arts, mathematics, science, social studies, the arts,
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health and physical education, foreign languages, reading,
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writing, history, government, geography, economics, and computer
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literacy.
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Section 2. Subsection (1) of section 1001.03, Florida
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Statutes, is amended to read:
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1001.03 Specific powers of State Board of Education.--
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(1) PUBLIC K-12 CURRICULAR STUDENT PERFORMANCE
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STANDARDS.--The State Board of Education shall adopt and
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periodically review and revise approve the student performance
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standards known as the Sunshine State Standards in accordance
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with s. 1003.41 key academic subject areas and grade levels. The
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state board shall establish a schedule to facilitate the periodic
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review of the standards to ensure adequate rigor, relevance,
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logical student progression, and integration of reading, writing,
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and mathematics across all subject areas. The standards review by
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subject area must include participation of curriculum leaders in
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other content areas, including the arts, to ensure valid content
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area integration and to address the instructional requirements of
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different learning styles. The process for review and proposed
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revisions must include leadership and input from the state's
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classroom teachers, school administrators, and community colleges
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and universities, and from representatives from business and
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industry who are identified by local education foundations. A
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report including proposed revisions must be submitted to the
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Governor, the President of the Senate, and the Speaker of the
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House of Representatives annually to coincide with the
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established review schedule. The review schedule and an annual
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status report must be submitted to the Governor, the President of
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the Senate, and the Speaker of the House of Representatives
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annually not later than January 1.
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Section 3. Subsection (3) of section 1001.41, Florida
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Statutes, is amended to read:
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1001.41 General powers of district school board.--The
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district school board, after considering recommendations
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submitted by the district school superintendent, shall exercise
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the following general powers:
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(3) Prescribe and Adopt standards and policies that to
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provide each student the opportunity to receive a complete
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education program, including instruction in the core curricular
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content established in language arts, mathematics, science,
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social studies, health, physical education, foreign languages,
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and the arts, as defined by the Next Generation Sunshine State
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Standards. The standards and policies must emphasize integration
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and reinforcement of reading, writing, and mathematics skills
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across all subjects, including career awareness, career
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exploration, and Career and technical education standards and
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policies must integrate with and reinforce the Next Generation
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Sunshine State Standards.
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Section 4. Paragraph (a) of subsection (1) of section
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1001.452, Florida Statutes, is amended to read:
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1001.452 District and school advisory councils.--
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(1) ESTABLISHMENT.--
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(a) The district school board shall establish an advisory
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council for each school in the district and shall develop
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procedures for the election and appointment of advisory council
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members. Each school advisory council shall include in its name
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the words "school advisory council." The school advisory council
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shall be the sole body responsible for final decisionmaking at
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the school relating to implementation of the provisions of ss.
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1001.42(16) and 1008.345. A majority of the members of each
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school advisory council must be persons who are not employed by
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the school district. Each advisory council shall be composed of
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the principal and an appropriately balanced number of teachers,
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education support employees, students, parents, and other
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business and community citizens who are representative of the
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ethnic, racial, and economic community served by the school.
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Career center and high school advisory councils shall include
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students, and middle and junior high school advisory councils may
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include students. School advisory councils of career centers and
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adult education centers are not required to include parents as
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members. Council members representing teachers, education support
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employees, students, and parents shall be elected by their
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respective peer groups at the school in a fair and equitable
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manner as follows:
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1. Teachers shall be elected by teachers.
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2. Education support employees shall be elected by
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education support employees.
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3. Students shall be elected by students.
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4. Parents shall be elected by parents.
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The district school board shall establish procedures for use by
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schools in selecting business and community members that include
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means of ensuring wide notice of vacancies and of taking input on
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possible members from local business, chambers of commerce,
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community and civic organizations and groups, and the public at
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large. The district school board shall review the membership
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composition of each advisory council. If the district school
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board determines that the membership elected by the school is not
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representative of the ethnic, racial, and economic community
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served by the school, the district school board shall appoint
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additional members to achieve proper representation. The
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commissioner shall determine if schools have maximized their
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efforts to include on their advisory councils minority persons
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and persons of lower socioeconomic status. Although schools are
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strongly encouraged to establish school advisory councils, the
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district school board of any school district that has a student
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population of 10,000 or fewer may establish a district advisory
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council which shall include at least one duly elected teacher
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from each school in the district. For the purposes of school
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advisory councils and district advisory councils, the term
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"teacher" shall include classroom teachers, certified student
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services personnel, and media specialists. For purposes of this
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paragraph, "education support employee" means any person employed
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by a school who is not defined as instructional or administrative
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personnel pursuant to s. 1012.01 and whose duties require 20 or
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more hours in each normal working week.
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Section 5. Section 1003.41, Florida Statutes, is amended to
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read:
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1003.41 Sunshine State Standards.--
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(1) Public K-12 educational instruction in Florida is based
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on the "Sunshine State Standards." The State Board of Education
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shall review the Sunshine State Standards and replace them with
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the Next Generation Sunshine State Standards that establish the
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core content of the curricula to be taught in this state and that
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specify the core content knowledge and skills that the next
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generation of K-12 public school students are expected to
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acquire. The Next Generation Sunshine State Standards must, at a
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minimum:
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(a) Establish the core curricular content for language
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arts, science, mathematics, and social studies, as follows:
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1. Language arts standards must establish specific
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curricular content for, at a minimum, the reading process,
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literary analysis, the writing process, writing applications,
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communication, and information and media literacy. The standards
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must include distinct grade-level expectations for the core
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content knowledge and skills that a student is expected to have
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acquired by each individual grade level from kindergarten through
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grade 8. The standards for grades 9-12 may be organized by grade
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clusters of more than one grade level or strands within the
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content area. The State Board of Education shall, in accordance
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with the expedited schedule established under subsection (2),
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review and replace the language arts standards adopted by the
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state board in 2007 with Next Generation Sunshine State Standards
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that comply with this subparagraph.
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2. Science standards must establish specific curricular
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content for, at a minimum, the nature of science, earth and space
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science, physical science, and life science. The standards must
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include distinct grade-level expectations for the core content
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knowledge and skills that a student is expected to have acquired
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by each individual grade level from kindergarten through grade 8.
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The science standards for grades 9 through 12 may be organized by
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grade clusters of more than one grade level.
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3. Mathematics standards must establish specific curricular
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content for, at a minimum, algebra, geometry, probability,
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statistics, calculus, discrete mathematics, financial literacy,
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and trigonometry. The standards must include distinct grade-level
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expectations for the core content knowledge and skills that a
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student is expected to have acquired by each individual grade
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level from kindergarten through grade 8. The mathematics
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standards for grades 9 through 12 may be organized by grade
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clusters of more than one grade level.
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4. Social studies standards must establish specific
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curricular content for, at a minimum, geography, United States
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and world history, government, civics, economics, and humanities.
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The standards must include distinct grade-level expectations for
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the core content knowledge and skills that a student is expected
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to have acquired by each individual grade level from kindergarten
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through grade 8. The social studies standards for grades 9
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through 12 may be organized by grade clusters of more than one
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grade level.
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(b) Establish the core curricular content for visual and
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performing arts, physical education, health, and foreign
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languages. Standards for these subjects must establish specific
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curricular content and include distinct grade-level expectations
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for the core content knowledge and skills that a student is
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expected to have acquired by each individual grade level from
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kindergarten through grade 5. The standards for grades 6 through
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12 may be organized by grade clusters of more than one grade
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level.
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(c) Identify the core curricular content that a student is
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expected to learn for each subject at each individual grade level
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in order to acquire the broad background knowledge needed for
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reading comprehension.
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(d) Be rigorous and relevant and provide for the logical,
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sequential progression of core curricular content that
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incrementally increases a student's core content knowledge and
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skills over time.
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(e) Integrate critical-thinking and problem-solving skills;
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communication, reading, and writing skills; mathematics skills;
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collaboration skills; contextual and applied-learning skills;
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technology-literacy skills; information and media-literacy
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skills; and civic-engagement skills.
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(f) Be organized according to a uniform structure and
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format that is consistent for each subject. The Next Generation
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Sunshine State Standards shall, for each subject and grade level,
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use the same alphanumeric coding system.
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(g) Be aligned to expectations for success in postsecondary
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education and high-skill, high-wage employment.
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(2) By December 31, 2008, the State Board of Education
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shall establish an expedited schedule for adoption of the Next
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Generation Sunshine State Standards and shall establish by rule a
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schedule for the periodic review and revision of the standards.
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The state board shall adopt the Next Generation Sunshine State
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Standards for each subject by December 31, 2011.
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(3)(a) The Commissioner of Education shall develop and
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submit to the State Board of Education proposed Next Generation
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Sunshine State Standards, and periodically submit proposed
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revisions to the standards, for adoption by the state board
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according to the schedules established under subsection (2). The
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commissioner, in developing the proposed standards, shall consult
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with renowned experts on K-12 curricular standards and content in
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each subject listed in paragraphs (1)(a) and (b) and shall
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consider standards that are implemented by other states or
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nations and regarded as exceptionally rigorous by the curricular
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and content experts. The commissioner may also consult with
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curricular and content experts in other subjects.
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(b) The commissioner shall submit the proposed standards
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for review and comment by state educators, school administrators,
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representatives of community colleges and state universities who
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have expertise in the content knowledge and skills necessary to
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prepare a student for postsecondary education, and leaders in
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business and industry. The commissioner, after considering any
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comments and making any revisions to the proposed standards,
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shall submit the standards for written evaluation by renowned
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experts on K-12 curricular standards and content.
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(c) The commissioner, upon finalizing the proposed
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standards, shall submit the standards and evaluations by the
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curricular and content experts to the Governor, the President of
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the Senate, and the Speaker of the House of Representatives at
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least 21 days before the State Board of Education considers
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adoption of the proposed standards.
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(4) The State Board of Education may adopt rules under ss.
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120.536(1) and 120.54 to administer this section. These standards
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have been adopted by the State Board of Education and delineate
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the academic achievement of students, for which the state will
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hold schools accountable, in grades K-2, 3-5, 6-8, and 9-12 in
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the subjects of language arts, mathematics, science, social
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studies, the arts, health and physical education, and foreign
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languages. They include standards in reading, writing, history,
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government, geography, economics, and computer literacy.
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Section 6. Paragraph (i) of subsection (3) of section
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1003.413, Florida Statutes, is amended to read:
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1003.413 Florida Secondary School Redesign Act.--
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(3) Based on these guiding principles, district school
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boards shall establish policies to implement the requirements of
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ss. 1003.4156, 1003.428, and 1003.493. The policies must address:
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(i) An annual review of each high school student's
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electronic personal education plan pursuant to s. 1003.4156 and
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procedures for high school students who have not prepared an
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electronic personal education plan pursuant to s. 1003.4156 to
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prepare such plan.
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Section 7. Paragraph (a) of subsection (2) and paragraph
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(b) of subsection (4) of section 1003.428, Florida Statutes, are
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amended to read:
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1003.428 General requirements for high school graduation;
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revised.--
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(2) The 24 credits may be earned through applied,
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integrated, and combined courses approved by the Department of
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Education and shall be distributed as follows:
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(a) Sixteen core curriculum credits:
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1. Four credits in English, with major concentration in
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composition, reading for information, and literature.
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2. Four credits in mathematics, one of which must be
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Algebra I, a series of courses equivalent to Algebra I, or a
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higher-level mathematics course. School districts are encouraged
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to set specific goals to increase enrollments in, and successful
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completion of, geometry and Algebra II.
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3. Three credits in science, two of which must have a
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laboratory component.
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4. Three credits in social studies as follows: one credit
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in American history; one credit in world history; one-half credit
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in economics; and one-half credit in American government.
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5. One credit in fine or performing arts, which may include
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speech and debate or practical arts.
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6. One credit in physical education to include integration
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of health. Participation in an interscholastic sport at the
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junior varsity or varsity level for two full seasons shall
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satisfy the one-credit requirement in physical education if the
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student passes a competency test on personal fitness with a score
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of "C" or better. The competency test on personal fitness must be
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developed by the Department of Education. A district school board
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may not require that the one credit in physical education be
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taken during the 9th grade year. Completion of one semester with
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a grade of "C" or better in a marching band class, in a physical
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activity class that requires participation in marching band
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activities as an extracurricular activity, or in a dance class
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shall satisfy one-half credit in physical education or one-half
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credit in performing arts. This credit may not be used to satisfy
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the personal fitness requirement or the requirement for adaptive
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physical education under an individual education plan (IEP) or
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504 plan. Completion of 2 years in a Reserve Officer Training
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Corps (R.O.T.C.) class, a significant component of which is
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drills, shall satisfy the one-credit requirement in physical
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education and the one-credit requirement in performing arts. This
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credit may not be used to satisfy the personal fitness
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requirement or the requirement for adaptive physical education
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under an individual education plan (IEP) or 504 plan.
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(4) Each district school board shall establish standards
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for graduation from its schools, which must include:
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(b) Earning passing scores on the FCAT, as defined in s.
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1008.22(3)(c), or scores on a standardized test that are
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concordant with passing scores on the FCAT as defined in s.
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1008.22(10) s. 1008.22(9).
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Each district school board shall adopt policies designed to
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assist students in meeting the requirements of this subsection.
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These policies may include, but are not limited to: forgiveness
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policies, summer school or before or after school attendance,
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special counseling, volunteers or peer tutors, school-sponsored
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help sessions, homework hotlines, and study skills classes.
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Forgiveness policies for required courses shall be limited to
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replacing a grade of "D" or "F," or the equivalent of a grade of
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"D" or "F," with a grade of "C" or higher, or the equivalent of a
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grade of "C" or higher, earned subsequently in the same or
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comparable course. Forgiveness policies for elective courses
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shall be limited to replacing a grade of "D" or "F," or the
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equivalent of a grade of "D" or "F," with a grade of "C" or
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higher, or the equivalent of a grade of "C" or higher, earned
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subsequently in another course. The only exception to these
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forgiveness policies shall be made for a student in the middle
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grades who takes any high school course for high school credit
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and earns a grade of "C," "D," or "F" or the equivalent of a
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grade of "C," "D," or "F." In such case, the district forgiveness
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policy must allow the replacement of the grade with a grade of
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"C" or higher, or the equivalent of a grade of "C" or higher,
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earned subsequently in the same or comparable course. In all
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cases of grade forgiveness, only the new grade shall be used in
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the calculation of the student's grade point average. Any course
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grade not replaced according to a district school board
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forgiveness policy shall be included in the calculation of the
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cumulative grade point average required for graduation.
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Section 8. Section 1003.4285, Florida Statutes, is created
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to read:
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1003.4285 Standard high school diploma designations.--By
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the 2008-2009 school year, each standard high school diploma
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shall include, as applicable:
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(1) A designation of the student's major area of interest
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pursuant to the student's completion of credits as provided in s.
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1003.428.
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(2) A designation reflecting completion of accelerated
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college credit courses if the student is eligible for college
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credit pursuant to s. 1007.27 in four or more advanced placement,
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International Baccalaureate, Advanced International Certificate
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of Education, or dual enrollment courses. The Commissioner of
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Education shall establish guidelines for successful passage of
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examinations or coursework in each of the accelerated college
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credit options for purposes of this subsection.
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(3) A designation reflecting career education certification
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in accordance with s. 1003.431.
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(4) A designation reflecting Florida Ready to Work
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Certification in accordance with s. 1004.99.
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Section 9. Paragraph (a) of subsection (6) of section
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1003.429, Florida Statutes, is amended to read:
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1003.429 Accelerated high school graduation options.--
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(6) Students pursuing accelerated 3-year high school
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graduation options pursuant to paragraph (1)(b) or paragraph
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(1)(c) are required to:
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(a) Earn passing scores on the FCAT as defined in s.
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1008.22(3)(c) or scores on a standardized test that are
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concordant with passing scores on the FCAT as defined in s.
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1008.22(10) s. 1008.22(9).
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Weighted grades referred to in paragraphs (b), (c), and (d) shall
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be applied to those courses specifically listed or identified by
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the department as rigorous pursuant to s. 1009.531(3) or weighted
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by the district school board for class ranking purposes.
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Section 10. Paragraph (a) of subsection (5) of section
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1003.43, Florida Statutes, is amended to read:
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1003.43 General requirements for high school graduation.--
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(5) Each district school board shall establish standards
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for graduation from its schools, and these standards must
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include:
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(a) Earning passing scores on the FCAT, as defined in s.
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1008.22(3)(c), or scores on a standardized test that are
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concordant with passing scores on the FCAT as defined in s.
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1008.22(10) s. 1008.22(9).
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The standards required in this subsection, and any subsequent
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modifications, shall be reprinted in the Florida Administrative
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Code even though not defined as "rules."
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Section 11. Subsection (1) of section 1003.433, Florida
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Statutes, is amended to read:
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1003.433 Learning opportunities for out-of-state and out-
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of-country transfer students and students needing additional
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instruction to meet high school graduation requirements.--
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(1) Students who enter a Florida public school at the
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eleventh or twelfth grade from out of state or from a foreign
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country shall not be required to spend additional time in a
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Florida public school in order to meet the high school course
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requirements if the student has met all requirements of the
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school district, state, or country from which he or she is
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transferring. Such students who are not proficient in English
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should receive immediate and intensive instruction in English
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language acquisition. However, to receive a standard high school
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diploma, a transfer student must earn a 2.0 grade point average
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and pass the grade 10 FCAT required in s. 1008.22(3) or an
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alternate assessment as described in s. 1008.22(10) s.
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1008.22(9).
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Section 12. Paragraph (d) of subsection (6) of section
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1003.63, Florida Statutes, is amended to read:
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1003.63 Deregulated public schools pilot program.--
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(6) ELEMENTS OF THE PROPOSAL.--The major issues involving
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the operation of a deregulated public school shall be considered
414
in advance and written into the proposal.
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(d) Upon receipt of the annual report required by paragraph
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(b), the Department of Education shall provide the State Board of
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Education, the Commissioner of Education, the President of the
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Senate, and the Speaker of the House of Representatives with a
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copy of each report and an analysis and comparison of the overall
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performance of students, to include all students in deregulated
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public schools whose scores are counted as part of the statewide
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assessment tests, versus comparable public school students in the
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district as determined by statewide assessments administered
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under s. 1008.22(3) FCAT and district assessment tests and, as
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appropriate, the Florida Writes Assessment Test, and other
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assessments administered pursuant to s. 1008.22(3).
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Section 13. Paragraphs (c) and (d) of subsection (3) of
428
section 1004.85, Florida Statutes, are amended to read:
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1004.85 Postsecondary educator preparation institutes.--
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(3) Educator preparation institutes approved pursuant to
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this section may offer alternative certification programs
432
specifically designed for noneducation major baccalaureate degree
433
holders to enable program participants to meet the educator
434
certification requirements of s. 1012.56. Such programs shall be
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competency-based educator certification preparation programs that
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prepare educators through an alternative route. An educator
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preparation institute choosing to offer an alternative
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certification program pursuant to the provisions of this section
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must implement a program previously approved by the Department of
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Education for this purpose or a program developed by the
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institute and approved by the department for this purpose.
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Approved programs shall be available for use by other approved
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educator preparation institutes.
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(c) Upon completion of an alternative certification program
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approved pursuant to this subsection, a participant shall receive
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a credential from the sponsoring institution signifying
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satisfaction of the requirements of s. 1012.56(6) s. 1012.56(5)
448
relating to mastery of professional preparation and education
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competence. A participant shall be eligible for educator
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certification through the Department of Education upon
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satisfaction of all requirements for certification set forth in
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s. 1012.56(2), including demonstration of mastery of general
453
knowledge, subject area knowledge, and professional preparation
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and education competence, through testing or other statutorily
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authorized means.
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(d) If an institution offers an alternative certification
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program approved pursuant to this subsection, such program may be
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used by the school district or districts served by that
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institution in addition to the alternative certification program
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as required in s. 1012.56(8) s. 1012.56(7).
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Section 14. Subsection (3) of section 1004.91, Florida
462
Statutes, is amended to read:
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1004.91 Career-preparatory instruction.--
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(3) An adult student with a disability may be exempted from
465
the provisions of this section. A student who possesses a college
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degree at the associate in applied science level or higher is
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exempt from this section. A student who has completed or who is
468
exempt from the college-level communication and computation
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skills examination pursuant to s. 1008.29, or who is exempt from
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the college entry-level examination pursuant to s. 1008.29, is
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exempt from the provisions of this section. Students who have
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passed a state, national, or industry licensure exam are exempt
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from this section. An adult student who is enrolled in an
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apprenticeship program that is registered with the Department of
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Education in accordance with the provisions of chapter 446 is
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exempt from the provisions of this section.
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Section 15. Paragraph (d) of subsection (3) of section
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1004.99, Florida Statutes, is amended, present subsection (4) of
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that section is renumbered as subsection (5), and a new
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subsection (4) is added to that section, to read:
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1004.99 Florida Ready to Work Certification Program.--
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(3) The Florida Ready to Work Certification Program shall
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be composed of:
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(d) A Florida Ready to Work Credential certificate and
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portfolio awarded to students upon successful completion of the
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instruction. Each portfolio must delineate the skills
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demonstrated by the student as evidence of the student's
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preparation for employment.
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(4) A Florida Ready to Work Credential shall be awarded to
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a student who successfully passes assessments in Reading for
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Information, Applied Mathematics, and Locating Information or any
492
other assessments of comparable rigor. Each assessment shall be
493
scored on a scale of 3 to 7. The level of the credential each
494
student receives is based on the following:
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(a) A bronze-level credential requires a minimum score of 3
496
or above on each of the assessments.
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(b) A silver-level credential requires a minimum score of 4
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or above on each of the assessments.
499
(c) A gold-level credential requires a minimum score of 5
500
or above on each of the assessments.
501
Section 16. Paragraph (c) of subsection (2) of section
502
1007.21, Florida Statutes, is amended to read:
503
1007.21 Readiness for postsecondary education and the
504
workplace.--
505
(2)
506
(c) The common placement test authorized in ss. 1001.03(10)
507
and 1008.30 or a similar test may be administered to all high
508
school students second semester sophomores who have chosen one of
509
the four destinations. The results of the placement test shall be
510
used to target additional instructional needs in reading,
511
writing, and mathematics prior to graduation.
512
Section 17. Paragraph (b) of subsection (2) of section
513
1007.235, Florida Statutes, is amended to read:
514
1007.235 District interinstitutional articulation
515
agreements.--
516
(2) The district interinstitutional articulation agreement
517
for each school year must be completed before high school
518
registration for the fall term of the following school year. The
519
agreement must include, but is not limited to, the following
520
components:
521
(b)1. A delineation of courses and programs available to
522
students eligible to participate in dual enrollment. This
523
delineation must include a plan for the community college to
524
provide guidance services to participating students on the
525
selection of courses in the dual enrollment program. The process
526
of community college guidance should make maximum use of the
527
automated advisement system for community colleges. The plan must
528
assure that each dual enrollment student is encouraged to
529
identify a postsecondary education objective with which to guide
530
the course selection. At a minimum, each student's plan should
531
include a list of courses that will result in an Applied
532
Technology Diploma, an Associate in Science degree, or an
533
Associate in Arts degree. If the student identifies a
534
baccalaureate degree as the objective, the plan must include
535
courses that will meet the general education requirements and any
536
prerequisite requirements for entrance into a selected
537
baccalaureate degree program.
538
2. A delineation of the process by which students and their
539
parents are informed about opportunities to participate in
540
articulated acceleration programs.
541
3. A delineation of the process by which students and their
542
parents exercise their option to participate in an articulated
543
acceleration program.
544
4. A delineation of high school credits earned for
545
completion of each dual enrollment course.
546
5. Provision for postsecondary courses that meet the
547
criteria for inclusion in a district articulated acceleration
548
program to be counted toward meeting the graduation requirements
549
of s. 1003.43.
550
6. An identification of eligibility criteria for student
551
participation in dual enrollment courses and programs.
552
7. A delineation of institutional responsibilities
553
regarding student screening prior to enrollment and monitoring
554
student performance subsequent to enrollment in dual enrollment
555
courses and programs.
556
8. An identification of the criteria by which the quality
557
of dual enrollment courses and programs are to be judged and a
558
delineation of institutional responsibilities for the maintenance
559
of instructional quality.
560
9. A delineation of institutional responsibilities for
561
assuming the cost of dual enrollment courses and programs that
562
includes such responsibilities for student instructional
563
materials.
564
10. An identification of responsibility for providing
565
student transportation if the dual enrollment instruction is
566
conducted at a facility other than the high school campus.
567
11. A delineation of the process for converting college
568
credit hours earned through dual enrollment and early admission
569
programs to high school credit based on mastery of course
570
outcomes as determined by the Department of Education in
571
accordance with s. 1007.271(6).
572
12. An identification of the responsibility of the
573
postsecondary educational institution for assigning letter grades
574
for dual enrollment courses and the responsibility of school
575
districts for posting dual enrollment course grades to the high
576
school transcript as assigned by the postsecondary institution
577
awarding the credit.
578
Section 18. Paragraphs (a) and (c) of subsection (3),
579
subsections (4) and (5), paragraph (c) of subsection (6), and
580
subsections (7), (8), (9), (10), and (11) of section 1008.22,
581
Florida Statutes, are amended to read:
582
1008.22 Student assessment program for public schools.--
583
(3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
584
design and implement a statewide program of educational
585
assessment that provides information for the improvement of the
586
operation and management of the public schools, including schools
587
operating for the purpose of providing educational services to
588
youth in Department of Juvenile Justice programs. The
589
commissioner may enter into contracts for the continued
590
administration of the assessment, testing, and evaluation
591
programs authorized and funded by the Legislature. Contracts may
592
be initiated in 1 fiscal year and continue into the next and may
593
be paid from the appropriations of either or both fiscal years.
594
The commissioner is authorized to negotiate for the sale or lease
595
of tests, scoring protocols, test scoring services, and related
596
materials developed pursuant to law. Pursuant to the statewide
597
assessment program, the commissioner shall:
598
(a) Submit proposed Next Generation Sunshine State
599
Standards to the State Board of Education for adoption and
600
periodic review and revision under s. 1003.41 a list that
601
specifies student skills and competencies to which the goals for
602
education specified in the state plan apply, including, but not
603
limited to, reading, writing, science, and mathematics. The
604
skills and competencies must include problem-solving and higher-
605
order skills as appropriate and shall be known as the Sunshine
606
State Standards as defined in s. 1000.21. The commissioner shall
607
select such skills and competencies after receiving
608
recommendations from educators, citizens, and members of the
609
business community. The commissioner shall submit to the State
610
Board of Education revisions to the list of student skills and
611
competencies in order to maintain continuous progress toward
612
improvements in student proficiency.
613
(c) Develop and implement a student achievement testing
614
program known as the Florida Comprehensive Assessment Test (FCAT)
615
as part of the statewide assessment program to measure reading,
616
writing, science, and mathematics. Other content areas may be
617
included as directed by the commissioner. The assessment of
618
reading and mathematics shall be administered annually in grades
619
3 through 10. The assessment of writing and science shall be
620
administered at least once at the elementary, middle, and high
621
school levels. End-of-course assessments may be administered in
622
addition to the comprehensive assessments required under this
623
paragraph. An end-of-course assessment must be rigorous,
624
standardized, and approved by the department. The content
625
knowledge and skills assessed by comprehensive and end-of-course
626
assessments must be aligned to the core curricular content
627
established in the Sunshine State Standards. The Commissioner of
628
Education may select one or more nationally developed
629
comprehensive examinations, which may include, but need not be
630
limited to, examinations for a College Board Advanced Placement
631
course, International Baccalaureate course, industry-approved
632
examinations to earn national industry certifications as defined
633
in s. 1003.492, or Advanced International Certificate of
634
Education course, for use as end-of-course assessments under this
635
paragraph, if the Commissioner determines that the content
636
knowledge and skills assessed by the examinations meet or exceed
637
the grade-level expectations of the Sunshine State Standards for
638
the course. The commissioner may collaborate with the American
639
Diploma Project in the adoption or development of rigorous end-
640
of-course assessments that are aligned to state curriculum
641
standards. The commissioner must document the procedures used to
642
ensure that the versions of the FCAT which are taken by students
643
retaking the grade 10 FCAT are equally as challenging and
644
difficult as the tests taken by students in grade 10 which
645
contain performance tasks. The testing program must be designed
646
as follows so that:
647
1. The tests shall measure student skills and competencies
648
adopted by the State Board of Education as specified in paragraph
649
(a). The tests must measure and report student proficiency levels
650
of all students assessed in reading, writing, mathematics, and
651
science. The commissioner shall provide for the tests to be
652
developed or obtained, as appropriate, through contracts and
653
project agreements with private vendors, public vendors, public
654
agencies, postsecondary educational institutions, or school
655
districts. The commissioner shall obtain input with respect to
656
the design and implementation of the testing program from state
657
educators, assistive technology experts, and the public.
658
2. The testing program shall be composed will include a
659
combination of norm-referenced and criterion-referenced tests
660
that shall and include, to the extent determined by the
661
commissioner, include test items questions that require the
662
student to produce information or perform tasks in such a way
663
that the core content knowledge and skills and competencies he or
664
she uses can be measured.
665
3. Beginning with the 2008-2009 school year, the
666
commissioner shall discontinue administration of the selected-
667
response test items on the comprehensive assessments of writing.
668
Beginning with the 2012-2013 school year, the comprehensive
669
assessments of writing shall be composed of a combination of
670
selected-response test items, short-response performance tasks,
671
and extended-response performance tasks, which shall measure a
672
student's content knowledge of writing, including, but not
673
limited to, paragraph and sentence structure, sentence
674
construction, grammar and usage, punctuation, capitalization,
675
spelling, parts of speech, verb tense, irregular verbs, subject-
676
verb agreement, and noun-pronoun agreement. Each testing program,
677
whether at the elementary, middle, or high school level, includes
678
a test of writing in which students are required to produce
679
writings that are then scored by appropriate and timely methods.
680
4. A score shall be is designated for each subject area
681
tested, below which score a student's performance is deemed
682
inadequate. The school districts shall provide appropriate
683
remedial instruction to students who score below these levels.
684
5. Except as provided in s. 1003.428(8)(b) or s.
685
1003.43(11)(b), students must earn a passing score on the grade
686
10 assessment test described in this paragraph or attain
687
concordant scores as described in subsection (9) in reading,
688
writing, and mathematics to qualify for a standard high school
689
diploma. The State Board of Education shall designate a passing
690
score for each part of the grade 10 assessment test. In
691
establishing passing scores, the state board shall consider any
692
possible negative impact of the test on minority students. The
693
State Board of Education shall adopt rules which specify the
694
passing scores for the grade 10 FCAT. Any such rules, which have
695
the effect of raising the required passing scores, shall only
696
apply only to students taking the grade 10 FCAT for the first
697
time after such rules are adopted by the State Board of
698
Education.
699
6. Participation in the testing program is mandatory for
700
all students attending public school, including students served
701
in Department of Juvenile Justice programs, except as otherwise
702
prescribed by the commissioner. If a student does not participate
703
in the statewide assessment, the district must notify the
704
student's parent and provide the parent with information
705
regarding the implications of such nonparticipation. A parent
706
must provide signed consent for a student to receive classroom
707
instructional accommodations that would not be available or
708
permitted on the statewide assessments and must acknowledge in
709
writing that he or she understands the implications of such
710
instructional accommodations. The State Board of Education shall
711
adopt rules, based upon recommendations of the commissioner, for
712
the provision of test accommodations for students in exceptional
713
education programs and for students who have limited English
714
proficiency. Accommodations that negate the validity of a
715
statewide assessment are not allowable in the administration of
716
the FCAT. However, instructional accommodations are allowable in
717
the classroom if included in a student's individual education
718
plan. Students using instructional accommodations in the
719
classroom that are not allowable as accommodations on the FCAT
720
may have the FCAT requirement waived pursuant to the requirements
721
of s. 1003.428(8)(b) or s. 1003.43(11)(b).
722
7. A student seeking an adult high school diploma must meet
723
the same testing requirements that a regular high school student
724
must meet.
725
8. District school boards must provide instruction to
726
prepare students to demonstrate proficiency in the skills and
727
competencies necessary for successful grade-to-grade progression
728
and high school graduation. If a student is provided with
729
instructional accommodations in the classroom that are not
730
allowable as accommodations in the statewide assessment program,
731
as described in the test manuals, the district must inform the
732
parent in writing and must provide the parent with information
733
regarding the impact on the student's ability to meet expected
734
proficiency levels in reading, writing, and math. The
735
commissioner shall conduct studies as necessary to verify that
736
the required skills and competencies are part of the district
737
instructional programs.
738
9. District school boards must provide opportunities for
739
students to demonstrate an acceptable level of performance on an
740
alternative standardized assessment approved by the State Board
741
of Education following enrollment in summer academies.
742
10. The Department of Education must develop, or select,
743
and implement a common battery of assessment tools that will be
744
used in all juvenile justice programs in the state. These tools
745
must accurately measure the skills and competencies established
746
in the Sunshine State Standards.
747
11. For students seeking a special diploma pursuant to s.
748
1003.438, the Department of Education must develop or select and
749
implement an alternate assessment tool that accurately measures
750
the skills and competencies established in the Sunshine State
751
Standards for students with disabilities under s. 1003.438.
752
12. The Commissioner of Education shall establish schedules
753
for the administration of statewide assessments and the reporting
754
of student test results. The commissioner shall, by August 1 of
755
each year, notify each school district in writing and publish on
756
the department's Internet website the testing and reporting
757
schedules for, at a minimum, the school year following the
758
upcoming school year. The testing and reporting schedules shall
759
require that:
760
a. There is the latest possible administration of statewide
761
assessments and the earliest possible reporting to the school
762
districts of student test results which is feasible within
763
available technology and specific appropriations; however, test
764
results must be made available no later than the final day of the
765
regular school year for students.
766
b. Beginning with the 2010-2011 school year, a
767
comprehensive statewide assessment of writing is not administered
768
earlier than the week of March 1 and a comprehensive statewide
769
assessment of any other subject is not administered earlier than
770
the week of April 15.
771
c. The department-approved, end-of-course assessment is
772
administered within the last 2 weeks of the course.
773
774
The commissioner may, based on collaboration and input from
775
school districts, design and implement student testing programs,
776
for any grade level and subject area, necessary to effectively
777
monitor educational achievement in the state, including the
778
measurement of educational achievement of the Sunshine State
779
Standards for students with disabilities. Development and
780
refinement of assessments shall include universal design
781
principles and accessibility standards that will prevent any
782
unintended obstacles for students with disabilities while
783
ensuring the validity and reliability of the test. These
784
principles should be applicable to all technology platforms and
785
assistive devices available for the assessments. The field
786
testing process and psychometric analyses for the statewide
787
assessment program must include an appropriate percentage of
788
students with disabilities and an evaluation or determination of
789
the effect of test items on such students.
790
(4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
791
ACTIVITIES.--Beginning with the 2008-2009 school year, a district
792
school board shall prohibit each public school from suspending a
793
regular program of curricula for purposes of administering
794
practice tests or engaging in other test-preparation activities
795
for a statewide assessment. However, a district school board may
796
authorize a public school to engage in the following test-
797
preparation activities for a statewide assessment:
798
(a) Distributing to students the sample test books and
799
answer keys published by the Department of Education;
800
(b) Providing individualized instruction in test-taking
801
strategies, without suspending the school's regular program of
802
curricula, for a student who scores at Level 1 or Level 2 on a
803
prior administration of the statewide assessment;
804
(c) Providing individualized instruction in the content
805
knowledge and skills assessed, without suspending the school's
806
regular program of curricula, for a student who scores at Level 1
807
or Level 2 on a prior administration of the statewide assessment,
808
or a student who, through a diagnostic assessment administered by
809
the school district, is identified as having a deficiency in the
810
content knowledge and skills assessed;
811
(d) Incorporating test-taking exercises and strategies
812
into curricula for intensive reading and mathematics intervention
813
courses; and
814
(e) Administering a practice test or engaging in other
815
test-preparation activities for the statewide assessment which
816
are determined necessary to familiarize students with the
817
organization of the assessment, the format of the test items, and
818
the test directions, or which are otherwise necessary for the
819
valid and reliable administration of the assessment, as set forth
820
in rules adopted by the State Board of Education with specific
821
reference to this paragraph.
822
(5)(4) DISTRICT TESTING PROGRAMS.--Each district school
823
board shall periodically assess student performance and
824
achievement within each school of the district. The assessment
825
programs must be based upon local goals and objectives that are
826
compatible with the state plan for education and that supplement
827
the skills and competencies adopted by the State Board of
828
Education. All school districts must participate in the statewide
829
assessment program designed to measure annual student learning
830
and school performance. All district school boards shall report
831
assessment results as required by the state management
832
information system.
833
(6)(5) SCHOOL TESTING PROGRAMS.--Each public school shall
834
participate in the statewide assessment program, unless
835
specifically exempted by state board rule based on serving a
836
specialized population for which standardized testing is not
837
appropriate. Student performance data shall be analyzed and
838
reported to parents, the community, and the state. Student
839
performance data shall be used in developing objectives of the
840
school improvement plan, evaluation of instructional personnel,
841
evaluation of administrative personnel, assignment of staff,
842
allocation of resources, acquisition of instructional materials
843
and technology, performance-based budgeting, and promotion and
844
assignment of students into educational programs. The analysis of
845
student performance data also must identify strengths and needs
846
in the educational program and trends over time. The analysis
847
must be used in conjunction with the budgetary planning processes
848
developed pursuant to s. 1008.385 and the development of the
849
programs of remediation.
850
(7)(6) REQUIRED ANALYSES.--The commissioner shall provide,
851
at a minimum, for the following analyses of data produced by the
852
student achievement testing program:
853
(c) The annual testing program shall be administered to
854
provide for valid statewide comparisons of learning gains to be
855
made for purposes of accountability and recognition. The
856
commissioner shall establish a schedule for the administration of
857
the statewide assessments. In establishing such schedule, the
858
commissioner is charged with the duty to accomplish the latest
859
possible administration of the statewide assessments and the
860
earliest possible provision of the results to the school
861
districts feasible within available technology and specific
862
appropriation. District school boards shall not establish school
863
calendars that jeopardize or limit the valid testing and
864
comparison of student learning gains.
865
(8)(7) LOCAL ASSESSMENTS.--Measurement of the learning
866
gains of students in all subjects and grade levels other than
867
subjects and grade levels required for the state student
868
achievement testing program is the responsibility of the school
869
districts.
870
(9)(8) APPLICABILITY OF TESTING STANDARDS.--
871
(a) If the Commissioner of Education revises a statewide
872
assessment and the revisions require the State Board of Education
873
to modify the assessment's proficiency levels or modify the
874
passing scores required for a standard high school diploma, until
875
the state board adopts the modifications by rule the commissioner
876
shall use calculations for scoring the assessment which adjust
877
student scores on the revised assessment for statistical
878
equivalence to student scores on the former assessment.
879
(b) A student must attain meet the passing scores on the
880
statewide assessment required testing requirements for a standard
881
high school diploma which are graduation that were in effect at
882
the time the student enters entered 9th grade 9 if, provided the
883
student's enrollment is was continuous.
884
(c) If the commissioner revises a statewide assessment and
885
the revisions require the State Board of Education to modify the
886
passing scores required for a standard high school diploma, the
887
commissioner may, with approval of the state board, discontinue
888
administration of the former assessment upon the graduation,
889
based on normal student progression, of students participating in
890
the final regular administration of the former assessment. The
891
state board shall adopt by rule passing scores for the revised
892
assessment which are statistically equivalent to passing scores
893
on the discontinued assessment for a student required under
894
paragraph (b) to attain passing scores on the discontinued
895
assessment.
896
(10)(9) CONCORDANT SCORES FOR THE FCAT.--
897
(a) The State Board of Education shall analyze the content
898
and concordant data sets for widely used high school achievement
899
tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
900
and College Placement Test, to assess if concordant scores for
901
FCAT scores can be determined for high school graduation, college
902
placement, and scholarship awards. In cases where content
903
alignment and concordant scores can be determined, the
904
Commissioner of Education shall adopt those scores as meeting the
905
graduation requirement in lieu of achieving the FCAT passing
906
score and may adopt those scores as being sufficient to achieve
907
additional purposes as determined by rule. Each time that test
908
content or scoring procedures change are changed for the FCAT or
909
for a high school achievement test for which a concordant score
910
is determined one of the identified tests, new concordant scores
911
must be determined.
912
(b) In order to use a concordant subject area score
913
pursuant to this subsection to satisfy the assessment requirement
914
for a standard high school diploma as provided in s.
915
1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
916
take each subject area of the grade 10 FCAT a total of three
917
times without earning a passing score. The requirements of this
918
paragraph shall not apply to a new student who enters the Florida
919
public school system in grade 12, who may either achieve a
920
passing score on the FCAT or use an approved subject area
921
concordant score to fulfill the graduation requirement.
922
(c) The State Board of Education may define by rule the
923
allowable uses, other than to satisfy the high school graduation
924
requirement, for concordant scores as described in this
925
subsection. Such uses may include, but need not be limited to,
926
achieving appropriate standardized test scores required for the
927
awarding of Florida Bright Futures Scholarships and college
928
placement.
929
(11)(10) REPORTS.--The Department of Education shall
930
annually provide a report to the Governor, the President of the
931
Senate, and the Speaker of the House of Representatives on the
932
following:
933
(a) Longitudinal performance of students in mathematics and
934
reading.
935
(b) Longitudinal performance of students by grade level in
936
mathematics and reading.
937
(c) Longitudinal performance regarding efforts to close the
938
achievement gap.
939
(d) Longitudinal performance of students on the norm-
940
referenced component of the FCAT.
941
(d)(e) Other student performance data based on national
942
norm-referenced and criterion-referenced tests, when available,
943
and numbers of students who after 8th grade enroll in adult
944
education rather than other secondary education.
945
(12)(11) RULES.--The State Board of Education shall adopt
946
rules pursuant to ss. 120.536(1) and 120.54 to implement the
947
provisions of this section.
948
Section 19. Subsection (3) of section 1008.30, Florida
949
Statutes, is amended to read:
950
1008.30 Common placement testing for public postsecondary
951
education.--
952
(3) The State Board of Education shall adopt rules that
953
would require high schools to give the common placement test
954
prescribed in this section, or an equivalent test identified by
955
the State Board of Education, at the beginning of the tenth grade
956
year before enrollment in the eleventh grade year in public high
957
school for the purpose of obtaining remedial instruction prior to
958
entering public postsecondary education. The Department of
959
Education shall purchase or develop assessments to evaluate the
960
college readiness of eleventh grade students who may be at risk
961
of needing remediation in reading or mathematics prior to
962
enrollment in postsecondary institutions. The department shall
963
work with school districts to administer the assessments during
964
the 2008-2009 school year. To the maximum extent practicable, a
965
school district shall provide twelfth grade students who need
966
remediation and who indicate an interest in postsecondary
967
education with access to appropriate remediation courses to
968
mitigate remediation at the postsecondary level.
969
Section 20. Paragraph (c) of subsection (1) of section
970
1008.31, Florida Statutes, is amended to read:
971
1008.31 Florida's K-20 education performance accountability
972
system; legislative intent; mission, goals, and systemwide
973
measures; data quality improvements.--
974
(1) LEGISLATIVE INTENT.--It is the intent of the
975
Legislature that:
976
(c) The K-20 education performance accountability system
977
comply with the accountability requirements of the "No Child Left
978
Behind Act of 2001," Pub. L. No. 107-110, and the Individuals
979
with Disabilities Education Act (IDEA).
980
Section 21. Subsection (3) of section 1008.34, Florida
981
Statutes, is amended, and subsection (8) is added to that
982
section, to read:
983
1008.34 School grading system; school report cards;
984
district grade.--
985
(3) DESIGNATION OF SCHOOL GRADES.--
986
(a) Schools receiving a school grade.--Each school that has
987
students who are tested and included in the school grading
988
system, except an alternative school that receives a school
989
improvement rating pursuant to s. 1008.341, shall receive a
990
school grade, except as follows:
991
1. A school shall not receive a school grade if the number
992
of its students tested and included in the school grading system
993
are fewer than the minimum sample size necessary, based on
994
accepted professional practice, for statistical reliability and
995
prevention of the unlawful release of personally identifiable
996
student data under s. 1002.22 or 20 U.S.C. s. 1232g.; however,
997
2. An alternative school may choose to receive a school
998
grade under this section or in lieu of a school improvement
999
rating under s. 1008.341.
1000
3. Additionally, A school that serves any combination of
1001
students in kindergarten through grade 3 which does not receive a
1002
school grade because its students are not tested and included in
1003
the school grading system shall receive the school grade
1004
designation of a K-3 feeder pattern school identified by the
1005
Department of Education and verified by the school district. A
1006
school feeder pattern exists if at least 60 percent of the
1007
students in the school serving a combination of students in
1008
kindergarten through grade 3 are scheduled to be assigned to the
1009
graded school. School grades itemized in subsection (2) shall be
1010
based on the following:
1011
(b)(a) Criteria.--A school's grade shall be based on a
1012
combination of:
1013
1. Student achievement scores, including achievement scores
1014
for students seeking a special diploma.
1015
2. Student learning gains as measured by annual FCAT
1016
assessments in grades 3 through 10; learning gains for students
1017
seeking a special diploma, as measured by an alternate assessment
1018
tool, shall be included not later than the 2009-2010 school year.
1019
3. Improvement of the lowest 25th percentile of students in
1020
the school in reading, math, or writing on the FCAT, unless these
1021
students are exhibiting satisfactory performance.
1022
(c)(b) Student assessment data.--Student assessment data
1023
used in determining school grades shall include:
1024
1. The aggregate scores of all eligible students enrolled
1025
in the school who have been assessed on the FCAT.
1026
2. The aggregate scores of all eligible students enrolled
1027
in the school who have been assessed on the FCAT, including
1028
Florida Writes, and who have scored at or in the lowest 25th
1029
percentile of students in the school in reading, math, or
1030
writing, unless these students are exhibiting satisfactory
1031
performance.
1032
3. Effective with the 2005-2006 school year, the
1033
achievement scores and learning gains of eligible students
1034
attending alternative schools that provide dropout prevention and
1035
academic intervention services pursuant to s. 1003.53. The term
1036
"eligible students" in this subparagraph does not include
1037
students attending an alternative school who are subject to
1038
district school board policies for expulsion for repeated or
1039
serious offenses, who are in dropout retrieval programs serving
1040
students who have officially been designated as dropouts, or who
1041
are in programs operated or contracted by the Department of
1042
Juvenile Justice. The student performance data for eligible
1043
students identified in this subparagraph shall be included in the
1044
calculation of the home school's grade. As used in For purposes
1045
of this section and s. 1008.341, the term "home school" means the
1046
school to which the student would be assigned if the student were
1047
not was attending when assigned to an alternative school. If an
1048
alternative school chooses to be graded under pursuant to this
1049
section, student performance data for eligible students
1050
identified in this subparagraph shall not be included in the home
1051
school's grade but shall be included only in the calculation of
1052
the alternative school's grade. A school district that fails to
1053
assign the FCAT scores of all students back to their home school
1054
or to the alternative school that receives a grade shall forfeit
1055
school recognition funds for 1 fiscal year. School districts must
1056
require collaboration between the home school and the alternative
1057
school in order to promote student success. This collaboration
1058
must include an annual discussion between the principal of the
1059
alternative school and the principal of each student's home
1060
school concerning the most appropriate school assignment of the
1061
student.
1062
1063
The State Board of Education shall adopt appropriate criteria for
1064
each school grade. The criteria must also give added weight to
1065
student achievement in reading. Schools designated with a grade
1066
of "C," making satisfactory progress, shall be required to
1067
demonstrate that adequate progress has been made by students in
1068
the school who are in the lowest 25th percentile in reading,
1069
math, or writing on the FCAT, including Florida Writes, unless
1070
these students are exhibiting satisfactory performance.
1071
(8) RULES.--The State Board of Education shall adopt rules
1072
under ss. 120.536(1) and 120.54 to administer this section.
1073
Section 22. Subsections (2) and (3) of section 1008.341,
1074
Florida Statutes, are amended, and subsection (6) is added to
1075
that section, to read:
1076
1008.341 School improvement rating for alternative
1077
schools.--
1078
(2) SCHOOL IMPROVEMENT RATING.--An alternative school
1079
schools that provides provide dropout prevention and academic
1080
intervention services pursuant to s. 1003.53 shall receive a
1081
school improvement rating pursuant to this section. However, an
1082
alternative school shall not receive a school improvement rating
1083
if the number of its students for whom student performance data
1084
is available for the current year and previous year are fewer
1085
than the minimum sample size necessary, based on acceptable
1086
professional practice, for statistical reliability and prevention
1087
of the unlawful release of personally identifiable student data
1088
under s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement
1089
rating shall identify an alternative school schools as having one
1090
of the following ratings defined according to rules of the State
1091
Board of Education:
1092
(a) "Improving" means the schools with students attending
1093
the school are making more academic progress than when the
1094
students were served in their home schools.
1095
(b) "Maintaining" means the schools with students attending
1096
the school are making progress equivalent to the progress made
1097
when the students were served in their home schools.
1098
(c) "Declining" means the schools with students attending
1099
the school are making less academic progress than when the
1100
students were served in their home schools.
1101
1102
The school improvement rating shall be based on a comparison of
1103
student performance data for the current year and previous year.
1104
Schools that improve at least one level or maintain an
1105
"improving" rating pursuant to this section are eligible for
1106
school recognition awards pursuant to s. 1008.36.
1107
(3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.--Student data
1108
used in determining an alternative school's school improvement
1109
rating shall include:
1110
(a) The aggregate scores of all eligible students who were
1111
assigned to and enrolled in the school during the October or
1112
February FTE count, who have been assessed on the FCAT, and who
1113
have FCAT or comparable scores for the preceding school year.
1114
(b) The aggregate scores of all eligible students who were
1115
assigned to and enrolled in the school during the October or
1116
February FTE count, who have been assessed on the FCAT, including
1117
Florida Writes, and who have scored in the lowest 25th percentile
1118
of students in the state on FCAT Reading.
1119
1120
The assessment scores of students who are subject to district
1121
school board policies for expulsion for repeated or serious
1122
offenses, who are in dropout retrieval programs serving students
1123
who have officially been designated as dropouts, or who are in
1124
programs operated or contracted by the Department of Juvenile
1125
Justice may not be included in an alternative school's school
1126
improvement rating.
1127
(6) RULES.--The State Board of Education shall adopt rules
1128
under ss. 120.536(1) and 120.54 to administer this section.
1129
Section 23. Subsection (2) of section 1008.36, Florida
1130
Statutes, is amended to read:
1131
1008.36 Florida School Recognition Program.--
1132
(2) The Florida School Recognition Program is created to
1133
provide financial awards to public schools that:
1134
(a) Sustain high performance by receiving a school grade of
1135
"A," making excellent progress; or
1136
(b) Demonstrate exemplary improvement due to innovation and
1137
effort by improving at least one a letter grade or by improving
1138
more than one letter grade and sustaining the improvement the
1139
following school year.
1140
1141
Notwithstanding statutory provisions to the contrary, incentive
1142
awards are not subject to collective bargaining.
1143
Section 24. Present subsections (4) through (16) of section
1144
1012.56, Florida Statutes, are renumbered as subsections (5)
1145
through (17), respectively, and a new subsection (4) is added to
1146
that section, to read:
1147
1012.56 Educator certification requirements.--
1148
(4) ALIGNMENT OF SUBJECT AREAS.--As the Sunshine State
1149
Standards are replaced by the Next Generation Sunshine State
1150
Standards under s.1001.03, the State Board of Education shall
1151
align the subject area examinations to the Next Generation
1152
Sunshine State Standards.
1153
Section 25. Subsection (1) of section 1012.57, Florida
1154
Statutes, is amended to read:
1155
1012.57 Certification of adjunct educators.--
1156
(1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
1157
and 1012.56, or any other provision of law or rule to the
1158
contrary, district school boards shall adopt rules to allow for
1159
the issuance of an adjunct teaching certificate to any applicant
1160
who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
1161
(9) and who has expertise in the subject area to be taught. An
1162
applicant shall be considered to have expertise in the subject
1163
area to be taught if the applicant demonstrates sufficient
1164
subject area mastery through passage of a subject area test. The
1165
adjunct teaching certificate shall be used for part-time teaching
1166
positions. The intent of this provision is to allow school
1167
districts to tap the wealth of talent and expertise represented
1168
in Florida's citizens who may wish to teach part-time in a
1169
Florida public school by permitting school districts to issue
1170
adjunct certificates to qualified applicants. Adjunct
1171
certificateholders should be used as a strategy to reduce the
1172
teacher shortage; thus, adjunct certificateholders should
1173
supplement a school's instructional staff, not supplant it. Each
1174
school principal shall assign an experienced peer mentor to
1175
assist the adjunct teaching certificateholder during the
1176
certificateholder's first year of teaching, and an adjunct
1177
certificateholder may participate in a district's new teacher
1178
training program. District school boards shall provide the
1179
adjunct teaching certificateholder an orientation in classroom
1180
management prior to assigning the certificateholder to a school.
1181
Each adjunct teaching certificate is valid for 5 school years and
1182
is renewable if the applicant has received satisfactory
1183
performance evaluations during each year of teaching under
1184
adjunct teaching certification.
1185
Section 26. Subsection (1) of section 1012.586, Florida
1186
Statutes, is amended to read:
1187
1012.586 Additions or changes to certificates; duplicate
1188
certificates.--A school district may process via a Department of
1189
Education website certificates for the following applications of
1190
public school employees:
1191
(1) Addition of a subject coverage or endorsement to a
1192
valid Florida certificate on the basis of the completion of the
1193
appropriate subject area testing requirements of s. 1012.56(5)(a)
1194
s. 1012.56(4)(a) or the completion of the requirements of an
1195
approved school district program or the inservice components for
1196
an endorsement.
1197
1198
The employing school district shall charge the employee a fee not
1199
to exceed the amount charged by the Department of Education for
1200
such services. Each district school board shall retain a portion
1201
of the fee as defined in the rules of the State Board of
1202
Education. The portion sent to the department shall be used for
1203
maintenance of the technology system, the web application, and
1204
posting and mailing of the certificate.
1205
Section 27. Effective upon this act becoming a law, section
1206
1012.71, Florida Statutes, is amended to read:
1207
(Substantial rewording of section. See
1208
s. 1012.71, F.S., for present text.)
1209
1012.71 The Florida Teachers Lead Program.--
1210
(1) For purposes of the Florida Teachers Lead Program, the
1211
term "classroom teacher" means a certified teacher employed by a
1212
public school district or a public charter school in that
1213
district on or before September 1 of each year whose full-time or
1214
job-share responsibility is the classroom instruction of students
1215
in prekindergarten through grade 12, including full-time media
1216
specialists and guidance counselors serving students in
1217
prekindergarten through grade 12, who are funded through the
1218
Florida Education Finance Program. A "job-share classroom
1219
teacher" is one of two teachers whose combined full-time
1220
equivalent employment for the same teaching assignment equals one
1221
full-time classroom teacher.
1222
(2) The Legislature, in the General Appropriations Act,
1223
shall determine funding for the Florida Teachers Lead Program.
1224
The funds appropriated are for classroom teachers to purchase, on
1225
behalf of the school district or charter school, classroom
1226
materials and supplies for the public school students assigned to
1227
them and may not be used to purchase equipment. The funds
1228
appropriated shall be used to supplement the materials and
1229
supplies otherwise available to classroom teachers. From the
1230
funds appropriated for the Florida Teachers Lead Program, the
1231
Commissioner of Education shall calculate an amount for each
1232
school district based upon each school district's proportionate
1233
share of the state's total unweighted FTE student enrollment and
1234
shall disburse the funds to the school districts by July 15.
1235
(3) From the funds allocated to each school district for
1236
the Florida Teachers Lead Program, the district school board
1237
shall calculate an identical amount for each classroom teacher,
1238
which is that teacher's proportionate share of the total amount
1239
allocated to the district. A job-share classroom teacher may
1240
receive a prorated share of the amount provided to a full-time
1241
classroom teacher. The district school board and each charter
1242
school board shall provide each classroom teacher with his or her
1243
total proportionate share by September 30 of each year by any
1244
means determined appropriate by the district school board or
1245
charter school board, including, but not limited to, direct
1246
deposit, check, debit card, or purchasing card, notwithstanding
1247
any law to the contrary. Expenditures under the program are not
1248
subject to state or local competitive bidding requirements. Funds
1249
received by a classroom teacher do not affect wages, hours, or
1250
terms and conditions of employment and, therefore, are not
1251
subject to collective bargaining. Any classroom teacher may
1252
decline receipt of or return the funds without explanation or
1253
cause. This subsection applies retroactively to July 1, 2007.
1254
(4) Each classroom teacher must sign a statement
1255
acknowledging receipt of the funds, keep receipts for no less
1256
than 4 years to show that funds expended meet the requirements of
1257
this section, and return any unused funds to the district school
1258
board at the end of the regular school year. Any unused funds
1259
that are returned to the district school board shall be deposited
1260
into the school advisory council account of the school at which
1261
the classroom teacher returning the funds was employed when that
1262
teacher received the funds or shall be deposited into the Florida
1263
Teachers Lead Program account of the school district in which a
1264
charter school is sponsored, as applicable.
1265
(5) The statement must be signed and dated by each
1266
classroom teacher before receipt of the Florida Teachers Lead
1267
Program funds and shall include the wording: "I, (name of
1268
teacher) , am employed by the County District School Board
1269
or by the Charter School as a full-time classroom teacher. I
1270
acknowledge that Florida Teachers Lead Program funds are
1271
appropriated by the Legislature for the sole purpose of
1272
purchasing classroom materials and supplies to be used in the
1273
instruction of students assigned to me. In accepting custody of
1274
these funds, I agree to keep the receipts for all expenditures
1275
for no less than 4 years. I understand that if I do not keep the
1276
receipts, it will be my personal responsibility to pay any
1277
federal taxes due on these funds. I also agree to return any
1278
unexpended funds to the district school board at the end of the
1279
regular school year for deposit into the school advisory council
1280
account of the school where I was employed at the time I received
1281
the funds or for deposit into the Florida Teachers Lead Program
1282
account of the school district in which the charter school is
1283
sponsored, as applicable."
1284
Section 28. Present paragraphs (b) and (c) of subsection
1285
(2) of section 1013.12, Florida Statutes, are redesignated as
1286
paragraphs (c) and (d), respectively, and a new paragraph (b) is
1287
added to that subsection, to read:
1288
1013.12 Casualty, safety, sanitation, and firesafety
1289
standards and inspection of property.--
1290
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
1291
BOARDS.--
1292
(b) Each school cafeteria must post in a visible location
1293
and on the school website the school's semiannual sanitation
1294
certificate and a copy of its most recent sanitation inspection
1295
report.
1296
Section 29. Except as otherwise expressly provided in this
1297
act and except for this section, which shall take effect upon
1298
becoming a law, this act shall take effect July 1, 2008.
1299
1300
================ T I T L E A M E N D M E N T ================
1301
And the title is amended as follows:
1302
Delete everything before the enacting clause
1303
and insert:
1304
A bill to be entitled
1305
An act relating to education; amending s. 1000.21, F.S.;
1306
providing and revising definitions; amending s. 1001.03,
1307
F.S.; requiring the State Board of Education to
1308
periodically review and revise state curriculum standards;
1309
eliminating provisions requiring that the state board
1310
report proposed revisions to the Governor and the
1311
Legislature; amending s. 1001.41, F.S.; revising the
1312
general powers of district school boards; amending s.
1313
1001.452, F.S.; revising provisions relating to membership
1314
of school advisory councils; amending s. 1003.41, F.S.;
1315
requiring that the State Board of Education replace the
1316
Sunshine State Standards with the Next Generation Sunshine
1317
State Standards; providing for application of the Sunshine
1318
State Standards pending adoption of the Next Generation
1319
Sunshine State Standards; providing requirements
1320
concerning the content and organization of the Next
1321
Generation Sunshine State Standards; requiring that the
1322
Next Generation Sunshine State Standards establish core
1323
curricular content in specified areas for certain grades
1324
or grade clusters; requiring that the state board
1325
establish schedules for the adoption and revision of the
1326
Next Generation Sunshine State Standards; requiring that
1327
the state board adopt the Next Generation Sunshine State
1328
Standards by a specified date; requiring the Commissioner
1329
of Education to provide proposed Next Generation Sunshine
1330
State Standards or proposed revisions of such standards to
1331
the state board; providing requirements concerning the
1332
commissioner's development of the proposed standards or
1333
revisions; requiring consultation with certain experts;
1334
requiring distribution of a proposal developed by the
1335
commissioner for review and comment by certain experts;
1336
requiring a written evaluation of the proposal developed
1337
by the commissioner by a research institution meeting
1338
specified criteria; requiring provision of the
1339
commissioner's proposed standards and the written
1340
evaluation and comments to the Governor, the President of
1341
the Senate, and the Speaker of the House of
1342
Representatives; authorizing rulemaking by the State Board
1343
of Education; amending s. 1003.413, F.S.; requiring
1344
policies of each district school board to address an
1345
annual review of student education plans; amending s.
1346
1003.428, F.S.; revising courses that are acceptable for
1347
high school graduation; conforming a cross-reference;
1348
creating s. 1003.4285, F.S.; providing for high school
1349
diploma designations; amending ss. 1003.429, 1003.43, and
1350
1003.433,F.S.; conforming cross-references; amending s.
1351
1003.63, F.S.; revising the type of assessment tests
1352
reported to the Governor and the Legislature relating to
1353
the deregulated public schools pilot program; amending s.
1354
1004.85, F.S.; conforming cross-references; amending s.
1355
1004.91, F.S.; expanding the list of students who are
1356
exempt from basic skill mastery for certificate career
1357
education programs; amending s. 1004.99, F.S.; providing
1358
designations of Florida Ready to Work credentials;
1359
amending s. 1007.21, F.S., relating to postsecondary
1360
placement tests for high school students; authorizing the
1361
common placement test to be administered to high school
1362
students and not just second semester sophomores; amending
1363
s. 1007.235, F.S.; revising the components for the
1364
district interinstitutional articulation agreement to
1365
include secondary school and postsecondary institution
1366
responsibilities for calculation of grades; amending s.
1367
1008.22, F.S.; revising provisions governing application
1368
of testing requirements for high school graduation;
1369
providing criteria concerning the testing and scores
1370
required for a continuously enrolled student to earn a
1371
standard high school diploma; authorizing the commissioner
1372
to administer comprehensive end-of-course assessments;
1373
providing requirements for comprehensive and end-of-course
1374
assessments; authorizing the commissioner to select a
1375
nationally developed comprehensive examination for use as
1376
an end-of-course assessment; revising the design of the
1377
testing program; authorizing the commissioner to
1378
collaborate with the American Diploma Project to develop
1379
end-of-course assessments; authorizing the commissioner to
1380
discontinue administration of an outdated assessment under
1381
certain conditions; requiring the commissioner to
1382
establish schedules for the administration of statewide
1383
assessments and the reporting of student test results;
1384
providing requirements for the testing and reporting
1385
schedules; requiring district school boards to prohibit
1386
public schools from suspending a program of curricula for
1387
the administration of practice tests; authorizing a
1388
district school board to permit a school to engage in
1389
certain test-preparation activities; revising the
1390
applicability of testing standards under certain
1391
conditions; revising the requirements contained in the
1392
annual report by the department to the Governor and the
1393
Legislature; amending s. 1008.30, F.S.; requiring the
1394
Department of Education to purchase or develop assessments
1395
to evaluate the college readiness of certain students
1396
before enrollment in a postsecondary institution;
1397
requiring a school district to provide certain students
1398
access to appropriate remediation courses; amending s.
1399
1008.31, F.S.; declaring the legislative intent that the
1400
K-20 education system comply with the Individuals with
1401
Disabilities Education Act; amending s. 1008.34, F.S.;
1402
revising the exceptions for a school to receive a school
1403
grade; revising the student assessment data used in
1404
determining school grades; requiring a school district
1405
that fails to assign FCAT scores back to students' schools
1406
to forfeit school recognition funds for a specified time;
1407
requiring the collaboration between a home school and
1408
alternative school to be between the principals of each
1409
school in order to promote student success; authorizing
1410
the state board to adopt rules; amending s. 1008.341,
1411
F.S.; revising provisions for a school improvement rating
1412
for an alternative school; authorizing the state board to
1413
adopt rules; amending s. 1008.36, F.S.; revising
1414
provisions relating to the Florida School Recognition
1415
Program; amending s. 1012.56, F.S.; requiring teacher
1416
certification exams to be aligned to revised curriculum
1417
standards; amending ss. 1012.57 and 1012.586, F.S.;
1418
conforming cross-reference; amending s. 1012.71, F.S.;
1419
providing definitions; revising requirements for the use
1420
of program funds by classroom teachers; providing for the
1421
disbursement of funds to school districts; specifying the
1422
means for providing a classroom teacher with his or her
1423
proportionate share of program funds; providing that funds
1424
received are not subject to competitive bidding
1425
requirements or collective bargaining; requiring each
1426
classroom teacher to sign a statement acknowledging
1427
receipt of funds; providing requirements for accounting of
1428
expenditures and reimbursement of funds under certain
1429
conditions; amending s. 1013.12, F.S.; requiring that a
1430
school cafeteria post certain information concerning its
1431
sanitation certificate and inspection; providing an
1432
effective date.
4/29/2008 7:26:00 AM 4-08937-08
CODING: Words stricken are deletions; words underlined are additions.