Amendment
Bill No. CS/CS/HB 1293

Amendment No. 735189

CHAMBER ACTION
Senate		House
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1	Representative Kiar offered the following:
2
3	Substitute Amendment for Amendment (444605) (with title
4	amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Paragraph (c) of subsection (3) of section
7	1003.03, Florida Statutes, is amended to read:
8	1003.03  Maximum class size.--
9	(3)  IMPLEMENTATION OPTIONS.--District school boards must
10	consider, but are not limited to, implementing the following
11	items in order to meet the constitutional class size maximums
12	described in subsection (1) and the two-student-per-year
13	reduction required in subsection (2):
14	(c)1.  Repeal district school board policies that require
15	students to have more than 24 credits to graduate from high
16	school.
17	2.  Adopt policies to allow students to graduate from high
18	school as soon as they pass the end-of-course assessments, grade
19	10 FCAT and complete the courses, which are required for high
20	school graduation.
21	Section 2.  Subsections (1) and (2), paragraph (b) of
22	subsection (4), and subsections (5) through (11) of section
23	1003.428, Florida Statutes, are amended to read:
24	1003.428  General requirements for high school graduation;
25	revised.--
26	(1)  Except as otherwise authorized pursuant to s.
27	1003.429, beginning with students entering their first year of
28	high school in the 2007-2008 school year, graduation requires
29	the successful completion of a minimum of 24 credits, an
30	International Baccalaureate curriculum, or an Advanced
31	International Certificate of Education curriculum. Students must
32	be advised of the Advanced Placement, International
33	Baccalaureate, Advanced International Certificate of Education,
34	and dual enrollment courses available, as well as the
35	availability of course offerings through the Florida Virtual
36	School. Students must also be advised of eligibility
37	requirements for state scholarship programs and postsecondary
38	admissions.
39	(2)  The 24 credits may be earned through applied,
40	integrated, and combined courses approved by the Department of
41	Education and shall be distributed as follows:
42	(a)  Sixteen core curriculum credits:
43	1.  Four credits in English, with major concentration in
44	composition, reading for information, and literature.
45	2.  Four credits in mathematics, one of which must be
46	Algebra I, a series of courses equivalent to Algebra I, or a
47	higher-level mathematics course. Beginning with students
48	entering grade 9 in the 2010-2011 school year, one of the four
49	credits must be Algebra I or a series of courses equivalent to
50	Algebra I as approved by the State Board of Education, and one
51	credit must be geometry or a series of courses equivalent to
52	geometry as approved by the State Board of Education. Beginning
53	with students entering grade 9 in the 2012-2013 school year, one
54	of the four credits must be Algebra I or a series of courses
55	equivalent to Algebra I as approved by the State Board of
56	Education, one credit must be geometry or a series of courses
57	equivalent to geometry as approved by the State Board of
58	Education, and one credit must be Algebra II or a series of
59	courses equivalent to Algebra II as approved by the State Board
60	of Education. School districts are encouraged to set specific
61	goals to increase enrollments in, and successful completion of,
62	geometry and Algebra II.
63	3.  Three credits in science, two of which must have a
64	laboratory component. Beginning with students entering grade 9
65	in the 2010-2011 school year, one of the three credits must be
66	Biology I or a series of courses equivalent to Biology I as
67	approved by the State Board of Education, one credit must be a
68	physical science or a series of courses equivalent to a physical
69	science as approved by the State Board of Education, and one
70	credit must be a higher-level science course. At least two of
71	the science courses must have a laboratory component.
72	Agriscience Foundations I, the core course in secondary
73	Agriscience and Natural Resources programs, may count as the
74	third required science credit. Beginning with students entering
75	grade 9 in the 2012-2013 school year, one of the three credits
76	must be Biology I or a series of courses equivalent to Biology I
77	as approved by the State Board of Education, one credit must be
78	chemistry or a series of courses equivalent to chemistry as
79	approved by the State Board of Education, and one credit must be
80	a higher-level science course. At least two of the science
81	courses must have a laboratory component. Agriscience
82	Foundations I, the core course in secondary Agriscience and
83	Natural Resources programs, may count as the third required
84	science credit.
85	4.  Three credits in social studies as follows: one credit
86	in American history; one credit in world history; one-half
87	credit in economics; and one-half credit in American government.
88	5.  One credit in fine or performing arts, speech and
89	debate, or a practical arts course that incorporates artistic
90	content and techniques of creativity, interpretation, and
91	imagination. Eligible practical arts courses shall be identified
92	through the Course Code Directory.
93	6.  One credit in physical education to include integration
94	of health. Participation in an interscholastic sport at the
95	junior varsity or varsity level for two full seasons shall
96	satisfy the one-credit requirement in physical education if the
97	student passes a competency test on personal fitness with a
98	score of "C" or better. The competency test on personal fitness
99	must be developed by the Department of Education. A district
100	school board may not require that the one credit in physical
101	education be taken during the 9th grade year. Completion of one
102	semester with a grade of "C" or better in a marching band class,
103	in a physical activity class that requires participation in
104	marching band activities as an extracurricular activity, or in a
105	dance class shall satisfy one-half credit in physical education
106	or one-half credit in performing arts. This credit may not be
107	used to satisfy the personal fitness requirement or the
108	requirement for adaptive physical education under an individual
109	education plan (IEP) or 504 plan. Completion of 2 years in a
110	Reserve Officer Training Corps (R.O.T.C.) class, a significant
111	component of which is drills, shall satisfy the one-credit
112	requirement in physical education and the one-credit requirement
113	in performing arts. This credit may not be used to satisfy the
114	personal fitness requirement or the requirement for adaptive
115	physical education under an individual education plan (IEP) or
116	504 plan.
117	(b)  Eight credits in majors, minors, or electives:
118	1.  Four credits in a major area of interest, such as
119	sequential courses in a career and technical program, fine and
120	performing arts, or academic content area, selected by the
121	student as part of the education plan required by s. 1003.4156.
122	Students may revise major areas of interest each year as part of
123	annual course registration processes and should update their
124	education plan to reflect such revisions. Annually by October 1,
125	the district school board shall approve major areas of interest
126	and submit the list of majors to the Commissioner of Education
127	for approval. Each major area of interest shall be deemed
128	approved unless specifically rejected by the commissioner within
129	60 days. Upon approval, each district's major areas of interest
130	shall be available for use by all school districts and shall be
131	posted on the department's website.
132	2.  Four credits in elective courses selected by the
133	student as part of the education plan required by s. 1003.4156.
134	These credits may be combined to allow for a second major area
135	of interest pursuant to subparagraph 1., a minor area of
136	interest, elective courses, or intensive reading or mathematics
137	intervention courses as described in this subparagraph.
138	a.  Minor areas of interest are composed of three credits
139	selected by the student as part of the education plan required
140	by s. 1003.4156 and approved by the district school board.
141	b.  Elective courses are selected by the student in order
142	to pursue a complete education program as described in s.
143	1001.41(3) and to meet eligibility requirements for
144	scholarships.
145	c.  For each year in which a student scores below the
146	passing score on the reading portion of a language arts end-of-
147	course assessment required for high school graduation at Level l
148	on FCAT Reading, the student must be enrolled in and complete an
149	intensive reading course the following year. Placement of such
150	students Level 2 readers in either an intensive reading course
151	or a content area course in which reading strategies are
152	delivered shall be determined by diagnosis of reading needs. The
153	department shall provide guidance on appropriate strategies for
154	diagnosing and meeting the varying instructional needs of
155	students reading below grade level. Reading courses shall be
156	designed and offered pursuant to the comprehensive reading plan
157	required by s. 1011.62(9).
158	d.  For each year in which a student scores below the
159	passing score at Level 1 or Level 2 on a FCAT mathematics end-
160	of-course assessment required for high school graduation, the
161	student must receive remediation the following year. These
162	courses may be taught through applied, integrated, or combined
163	courses and are subject to approval by the department for
164	inclusion in the Course Code Directory.
165	(4)  Each district school board shall establish standards
166	for graduation from its schools, which must include:
167	(a)  Successful completion of the academic credit or
168	curriculum requirements of subsections (1) and (2).
169	(b)  Earning passing scores on the end-of-course
170	assessments required for high school graduation FCAT, as defined
171	in accordance with s. 1008.22(3)(c), or scores on a standardized
172	test that are concordant with passing scores on the FCAT as
173	defined in s. 1008.22(10).
174
175	Each district school board shall adopt policies designed to
176	assist students in meeting the requirements of this subsection.
177	These policies may include, but are not limited to: forgiveness
178	policies, summer school or before or after school attendance,
179	special counseling, volunteers or peer tutors, school-sponsored
180	help sessions, homework hotlines, and study skills classes.
181	Forgiveness policies for required courses shall be limited to
182	replacing a grade of "D" or "F," or the equivalent of a grade of
183	"D" or "F," with a grade of "C" or higher, or the equivalent of
184	a grade of "C" or higher, earned subsequently in the same or
185	comparable course. Forgiveness policies for elective courses
186	shall be limited to replacing a grade of "D" or "F," or the
187	equivalent of a grade of "D" or "F," with a grade of "C" or
188	higher, or the equivalent of a grade of "C" or higher, earned
189	subsequently in another course. The only exception to these
190	forgiveness policies shall be made for a student in the middle
191	grades who takes any high school course for high school credit
192	and earns a grade of "C," "D," or "F" or the equivalent of a
193	grade of "C," "D," or "F." In such case, the district
194	forgiveness policy must allow the replacement of the grade with
195	a grade of "C" or higher, or the equivalent of a grade of "C" or
196	higher, earned subsequently in the same or comparable course. In
197	all cases of grade forgiveness, only the new grade shall be used
198	in the calculation of the student's grade point average. Any
199	course grade not replaced according to a district school board
200	forgiveness policy shall be included in the calculation of the
201	cumulative grade point average required for graduation.
202	(5)  The State Board of Education, after a public hearing
203	and consideration, shall adopt rules based upon the
204	recommendations of the commissioner for the provision of test
205	accommodations and modifications of procedures as necessary for
206	students with disabilities which will demonstrate the student's
207	abilities rather than reflect the student's impaired sensory,
208	manual, speaking, or psychological process skills.
209	(6)  The public hearing and consideration required in
210	subsection (5) shall not be construed to amend or nullify the
211	requirements of security relating to the contents of
212	examinations or assessment instruments and related materials or
213	data as prescribed in s. 1008.23.
214	(5)(7)(a)  A student who meets all requirements prescribed
215	in subsections (1), (2), (3), and (4) shall be awarded a
216	standard diploma in a form prescribed by the State Board of
217	Education.
218	(b)  A student who completes the minimum number of credits
219	and other requirements prescribed by subsections (1), (2), and
220	(3), but who is unable to meet the standards of paragraph
221	(4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
222	a certificate of completion in a form prescribed by the State
223	Board of Education. However, any student who is otherwise
224	entitled to a certificate of completion may elect to remain in
225	the secondary school either as a full-time student or a part-
226	time student for up to 1 additional year and receive special
227	instruction designed to remedy his or her identified
228	deficiencies.
229	(8)(a)  Each district school board must provide instruction
230	to prepare students with disabilities to demonstrate proficiency
231	in the core content knowledge and skills necessary for
232	successful grade-to-grade progression and high school
233	graduation.
234	(b)  A student with a disability, as defined in s.
235	1007.02(2), for whom the individual education plan (IEP)
236	committee determines that the FCAT cannot accurately measure the
237	student's abilities taking into consideration all allowable
238	accommodations, shall have the FCAT requirement of paragraph
239	(4)(b) waived for the purpose of receiving a standard high
240	school diploma, if the student:
241	1.  Completes the minimum number of credits and other
242	requirements prescribed by subsections (1), (2), and (3).
243	2.  Does not meet the requirements of paragraph (4)(b)
244	after one opportunity in 10th grade and one opportunity in 11th
245	grade.
246	(9)  The Commissioner of Education may award a standard
247	high school diploma to honorably discharged veterans who started
248	high school between 1937 and 1946 and were scheduled to graduate
249	between 1941 and 1950 but were inducted into the United States
250	Armed Forces between September 16, 1940, and December 31, 1946,
251	prior to completing the necessary high school graduation
252	requirements. Upon the recommendation of the commissioner, the
253	State Board of Education may develop criteria and guidelines for
254	awarding such diplomas.
255	(10)  The Commissioner of Education may award a standard
256	high school diploma to honorably discharged veterans who started
257	high school between 1946 and 1950 and were scheduled to graduate
258	between 1950 and 1954, but were inducted into the United States
259	Armed Forces between June 27, 1950, and January 31, 1955, and
260	served during the Korean Conflict prior to completing the
261	necessary high school graduation requirements. Upon the
262	recommendation of the commissioner, the State Board of Education
263	may develop criteria and guidelines for awarding such diplomas.
264	(6)(11)  The State Board of Education may adopt rules
265	pursuant to ss. 120.536(1) and 120.54 to implement the
266	provisions of this section and may enforce the provisions of
267	this section pursuant to s. 1008.32.
268	Section 3.  Section 1003.4282, Florida Statutes, is created
269	to read:
270	1003.4282  Accommodations for students with disabilities;
271	graduation requirements.--For purposes of high school
272	graduation:
273	(1)  The State Board of Education, after a public hearing
274	and consideration, shall adopt rules based upon the
275	recommendations of the Commissioner of Education for the
276	provision of test accommodations as necessary for students with
277	disabilities which will demonstrate the student's abilities
278	rather than reflect the student's impaired sensory, manual,
279	speaking, or psychological process skills.
280	(2)  The public hearing and consideration required in
281	subsection (1) shall not be construed to amend or nullify the
282	requirements of security relating to the contents of
283	examinations or assessment instruments and related materials or
284	data as prescribed in s. 1008.23.
285	(3)(a)  Each district school board must provide instruction
286	to prepare students with disabilities to demonstrate proficiency
287	in the core content knowledge and skills necessary for
288	successful grade-to-grade progression and high school
289	graduation.
290	(b)  A student with a disability, as defined in s.
291	1007.02(2), for whom the individual education plan committee
292	determines that an end-of-course assessment cannot accurately
293	measure the student's abilities taking into consideration all
294	allowable accommodations, shall have the end-of-course
295	assessment requirement of s. 1003.428(4)(b) or s. 1003.43(5)(a)
296	waived for the purpose of receiving a high school diploma, if
297	the student:
298	1.  Completes the minimum number of credits and other
299	requirements prescribed in s. 1003.428(1)-(3) or s. 1003.43(1)
300	and (4).
301	2.  Does not meet the end-of-course assessment requirements
302	of s. 1003.428(4)(b) or s. 1003.43(5)(a) after one opportunity
303	in grade 10 and one opportunity in grade 11.
304	Section 4.  Section 1003.4286, Florida Statutes, is created
305	to read:
306	1003.4286  Graduation Exit Option Program; alternative
307	diploma.--
308	(1)  There is created the Graduation Exit Option Program
309	under which a high school student shall be awarded an
310	alternative diploma. To be eligible to participate in the
311	program, a high school student must:
312	(a)  Be at least 16 years old.
313	(b)  Be enrolled in high school courses that meet high
314	school graduation requirements.
315	(c)  Be at risk of failing to graduate.
316	(d)  Meet criteria developed by the Department of Education
317	to ensure that the program is not used as a means for early
318	graduation and to target students who have the ability to pass
319	the end-of-course assessments required for high school
320	graduation and the general educational development (GED) test.
321	(2)  To receive an alternative diploma under the Graduation
322	Exit Option Program, a high school student must:
323	(a)  Meet minimum reading levels and earn minimum scores on
324	GED practice tests, as established by the department.
325	(b)  Earn passing scores on the language arts and
326	mathematics end-of-course assessments required for high school
327	graduation in accordance with s. 1008.22(3)(c).
328	(c)  Pass each of the five sections of the GED test.
329	(d)  Earn at least 14 credits toward high school
330	graduation, at least 8 of which are earned in English, reading,
331	mathematics, science, or social studies.
332	(3)  An alternative diploma awarded under this section may
333	not be used for calculating graduation rates for any purpose.
334	(4)  The department shall design the alternative diploma to
335	distinguish the diploma from a standard diploma.
336	(5)  The State Board of Education shall adopt rules
337	pursuant to ss. 120.536(1) and 120.54 to implement this section.
338	Section 5.  Section 1003.4287, Florida Statutes, is created
339	to read:
340	1003.4287  Recognition of veterans; high school diploma.--
341	(1)  The Commissioner of Education may award a standard
342	high school diploma to honorably discharged veterans who started
343	high school between 1937 and 1946 and were scheduled to graduate
344	between 1941 and 1950 but were inducted into the United States
345	Armed Forces between September 16, 1940, and December 31, 1946,
346	prior to completing the necessary high school graduation
347	requirements. Upon the recommendation of the commissioner, the
348	State Board of Education may develop criteria and guidelines for
349	awarding such diplomas.
350	(2)  The Commissioner of Education may award a standard
351	high school diploma to honorably discharged veterans who started
352	high school between 1946 and 1950 and were scheduled to graduate
353	between 1949 and 1955 but were inducted into the United States
354	Armed Forces between June 1949 and January 1955 and served
355	during the Korean War prior to completing the necessary high
356	school graduation requirements. Upon the recommendation of the
357	commissioner, the State Board of Education may develop criteria
358	and guidelines for awarding such diplomas.
359	Section 6.  Paragraph (b) of subsection (1) and paragraph
360	(c) of subsection (8) of section 1003.429, Florida Statutes, are
361	amended to read:
362	1003.429  Accelerated high school graduation options.--
363	(1)  Students who enter grade 9 in the 2006-2007 school
364	year and thereafter may select, upon receipt of each consent
365	required by this section, one of the following three high school
366	graduation options:
367	(b)  Completion of a 3-year standard college preparatory
368	program requiring successful completion of a minimum of 18
369	academic credits in grades 9 through 12. At least 6 of the 18
370	credits required for completion of this program must be received
371	in classes that are offered pursuant to the International
372	Baccalaureate Program, the Advanced Placement Program, dual
373	enrollment, or the Advanced International Certificate of
374	Education Program, or specifically listed or identified by the
375	Department of Education as rigorous pursuant to s. 1009.531(3).
376	Students must be advised of the Advanced Placement,
377	International Baccalaureate, Advanced International Certificate
378	of Education, and dual enrollment courses available, as well as
379	the availability of course offerings through the Florida Virtual
380	School. The 18 credits required for completion of this program
381	shall be primary requirements and shall be distributed as
382	follows:
383	1.  Four credits in English, with major concentration in
384	composition and literature;
385	2.  Three credits in mathematics at the Algebra I level or
386	higher from the list of courses that qualify for state
387	university admission;
388	3.  Three credits in natural science, two of which must
389	have a laboratory component;
390	4.  Three credits in social sciences, which must include
391	one credit in American history, one credit in world history,
392	one-half credit in American government, and one-half credit in
393	economics;
394	5.  Two credits in the same second language unless the
395	student is a native speaker of or can otherwise demonstrate
396	competency in a language other than English. If the student
397	demonstrates competency in another language, the student may
398	replace the language requirement with two credits in other
399	academic courses; and
400	6.  Three credits in electives; or
401
402	Any student who selected an accelerated graduation program
403	before July 1, 2004, may continue that program, and all
404	statutory program requirements that were applicable when the
405	student made the program choice shall remain applicable to the
406	student as long as the student continues that program.
407	(8)  A student who selected one of the accelerated 3-year
408	graduation options shall automatically move to the 4-year
409	program set forth in s. 1003.43 if the student:
410	(c)  Does not achieve passing scores a score of 3 or higher
411	on the writing portions of the language arts end-of-course
412	assessments required for high school graduation in accordance
413	with s. 1008.22(3)(c) grade 10 FCAT Writing assessment; or
414	Section 7.  Paragraph (a) of subsection (5) and subsections
415	(8) through (13) of section 1003.43, Florida Statutes, are
416	amended to read:
417	1003.43  General requirements for high school graduation.--
418	(5)  Each district school board shall establish standards
419	for graduation from its schools, and these standards must
420	include:
421	(a)  Earning passing scores on the end-of-course
422	assessments required for high school graduation FCAT, as defined
423	in accordance with s. 1008.22(3)(c), or scores on a standardized
424	test that are concordant with passing scores on the FCAT as
425	defined in s. 1008.22(10).
426
427	The standards required in this subsection, and any subsequent
428	modifications, shall be reprinted in the Florida Administrative
429	Code even though not defined as "rules."
430	(8)  The State Board of Education, after a public hearing
431	and consideration, shall adopt rules based upon the
432	recommendations of the commissioner for the provision of test
433	accommodations and modifications of procedures as necessary for
434	students with disabilities which will demonstrate the student's
435	abilities rather than reflect the student's impaired sensory,
436	manual, speaking, or psychological process skills.
437	(9)  The public hearing and consideration required in
438	subsection (8) shall not be construed to amend or nullify the
439	requirements of security relating to the contents of
440	examinations or assessment instruments and related materials or
441	data as prescribed in s. 1008.23.
442	(8)(10)(a)  A student who meets all requirements prescribed
443	in subsections (1), (4), and (5) shall be awarded a standard
444	diploma in a form prescribed by the State Board of Education. A
445	district school board may attach the Florida gold seal career
446	endorsement to a standard diploma or, instead of the standard
447	diploma, award differentiated diplomas to those exceeding the
448	prescribed minimums.
449	(b)  A student who completes the minimum number of credits
450	and other requirements prescribed by subsections (1) and (4),
451	but who is unable to meet the standards of paragraph (5)(a),
452	paragraph (5)(b), or paragraph (5)(c), shall be awarded a
453	certificate of completion in a form prescribed by the State
454	Board of Education. However, any student who is otherwise
455	entitled to a certificate of completion may elect to remain in
456	the secondary school either as a full-time student or a part-
457	time student for up to 1 additional year and receive special
458	instruction designed to remedy his or her identified
459	deficiencies.
460	(11)(a)  Each district school board must provide
461	instruction to prepare students with disabilities to demonstrate
462	proficiency in the core content knowledge and skills necessary
463	for successful grade-to-grade progression and high school
464	graduation.
465	(b)  A student with a disability, as defined in s.
466	1007.02(2), for whom the individual educational plan (IEP)
467	committee determines that the FCAT cannot accurately measure the
468	student's abilities taking into consideration all allowable
469	accommodations, shall have the FCAT requirement of paragraph
470	(5)(a) waived for the purpose of receiving a standard high
471	school diploma, if the student:
472	1.  Completes the minimum number of credits and other
473	requirements prescribed by subsections (1) and (4).
474	2.  Does not meet the requirements of paragraph (5)(a)
475	after one opportunity in 10th grade and one opportunity in 11th
476	grade.
477	(12)  The Commissioner of Education may award a standard
478	high school diploma to honorably discharged veterans who started
479	high school between 1937 and 1946 and were scheduled to graduate
480	between 1941 and 1950 but were inducted into the United States
481	Armed Forces between September 16, 1940, and December 31, 1946,
482	prior to completing the necessary high school graduation
483	requirements. Upon the recommendation of the commissioner, the
484	State Board of Education may develop criteria and guidelines for
485	awarding such diplomas.
486	(13)  The Commissioner of Education may award a standard
487	high school diploma to honorably discharged veterans who started
488	high school between 1946 and 1950 and were scheduled to graduate
489	between 1949 and 1955, but were inducted into the United States
490	Armed Forces between June 1949 and January 1955, and served
491	during the Korean War prior to completing the necessary high
492	school graduation requirements. Upon the recommendation of the
493	commissioner, the State Board of Education may develop criteria
494	and guidelines for awarding such diplomas.
495	Section 8.  Section 1003.433, Florida Statutes, is amended
496	to read:
497	1003.433  Learning opportunities for out-of-state and out-
498	of-country transfer students and students needing additional
499	instruction to meet high school graduation requirements.--
500	(1)  Students who enter a Florida public school at the
501	eleventh or twelfth grade from out of state or from a foreign
502	country shall not be required to spend additional time in a
503	Florida public school in order to meet the high school course
504	requirements if the student has met all requirements of the
505	school district, state, or country from which he or she is
506	transferring. Such students who are not proficient in English
507	should receive immediate and intensive instruction in English
508	language acquisition. However, to receive a standard high school
509	diploma, a transfer student must earn a 2.0 grade point average
510	and pass the end-of-course assessments required for high school
511	graduation in accordance with s. 1008.22(3)(c) grade 10 FCAT
512	required in s. 1008.22(3) or an alternate assessment as
513	described in s. 1008.22(10).
514	(2)  Students who have met all requirements for the
515	standard high school diploma except for passage of the end-of-
516	course assessments required for high school graduation grade 10
517	FCAT or an alternate assessment by the end of grade 12 must be
518	provided the following learning opportunities:
519	(a)  Participation in an accelerated high school
520	equivalency diploma preparation program during the summer.
521	(b)  Upon receipt of a certificate of completion, be
522	allowed to take the College Placement Test and be admitted to
523	remedial or credit courses at a state community college, as
524	appropriate.
525	(c)  Participation in an adult general education program as
526	provided in s. 1004.93 for such time as the student requires to
527	master English, reading, mathematics, or any other subject
528	required for high school graduation. Students attending adult
529	basic, adult secondary, or vocational-preparatory instruction
530	are exempt from any requirement for the payment of tuition and
531	fees, including lab fees, pursuant to s. 1009.25. A student
532	attending an adult general education program shall have the
533	opportunity to take the end-of-course assessments required for
534	high school graduation grade 10 FCAT an unlimited number of
535	times in order to receive a standard high school diploma.
536	(3)  Students who have been enrolled in an ESOL program for
537	less than 2 school years and have met all requirements for the
538	standard high school diploma except for passage of the end-of-
539	course assessments required for high school graduation grade 10
540	FCAT or alternate assessment may receive immersion English
541	language instruction during the summer following their senior
542	year. Students receiving such instruction are eligible to take
543	the FCAT or alternate assessment and receive a standard high
544	school diploma upon passage of the grade 10 FCAT or the
545	alternate assessment. This subsection shall be implemented to
546	the extent funding is provided in the General Appropriations
547	Act.
548	(4)  The district school superintendent shall be
549	responsible for notifying all students of the consequences of
550	failure to receive a standard high school diploma, including the
551	potential ineligibility for financial assistance at
552	postsecondary educational institutions.
553	(5)  The State Board of Education may adopt rules pursuant
554	to ss. 120.536(1) and 120.54 to administer this section.
555	Section 9.  Subsection (4) of section 1007.263, Florida
556	Statutes, is amended to read:
557	1007.263  Community colleges; admissions of students.--Each
558	community college board of trustees is authorized to adopt rules
559	governing admissions of students subject to this section and
560	rules of the State Board of Education. These rules shall include
561	the following:
562	(4)  A student who has been awarded a special diploma as
563	defined in s. 1003.438 or a certificate of completion as defined
564	in s. 1003.43(8)(10) is eligible to enroll in certificate career
565	education programs.
566
567	Each board of trustees shall establish policies that notify
568	students about, and place students into, adult basic education,
569	adult secondary education, or other instructional programs that
570	provide students with alternatives to traditional college-
571	preparatory instruction, including private provider instruction.
572	A student is prohibited from enrolling in additional college-
573	level courses until the student scores above the cut-score on
574	all sections of the common placement test.
575	Section 10.  Subsections (11) and (12) of section 1008.22,
576	Florida Statutes, are renumbered as subsections (10) and (11),
577	respectively, and paragraph (c) of subsection (3) and present
578	subsection (10) of that section are amended to read:
579	1008.22  Student assessment program for public schools.--
580	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
581	design and implement a statewide program of educational
582	assessment that provides information for the improvement of the
583	operation and management of the public schools, including
584	schools operating for the purpose of providing educational
585	services to youth in Department of Juvenile Justice programs.
586	The commissioner may enter into contracts for the continued
587	administration of the assessment, testing, and evaluation
588	programs authorized and funded by the Legislature. Contracts may
589	be initiated in 1 fiscal year and continue into the next and may
590	be paid from the appropriations of either or both fiscal years.
591	The commissioner is authorized to negotiate for the sale or
592	lease of tests, scoring protocols, test scoring services, and
593	related materials developed pursuant to law. Pursuant to the
594	statewide assessment program, the commissioner shall:
595	(c)  Develop and implement a student achievement testing
596	program known as the Florida Comprehensive Assessment Test
597	(FCAT) as part of the statewide assessment program to measure a
598	student's content knowledge and skills in reading, writing,
599	science, and mathematics. Other content areas may be included as
600	directed by the commissioner. Comprehensive assessments of
601	reading and mathematics shall be administered annually in grades
602	3 through 10. Comprehensive assessments of writing and science
603	shall be administered at least once at the elementary, middle,
604	and high school levels. End-of-course assessments for a subject
605	may be administered in addition to the comprehensive assessments
606	required for that subject under this paragraph. An end-of-course
607	assessment must be rigorous, statewide, standardized, and
608	developed or approved by the department. The content knowledge
609	and skills assessed by comprehensive and end-of-course
610	assessments must be aligned to the core curricular content
611	established in the Sunshine State Standards. The commissioner
612	may select one or more nationally developed comprehensive
613	examinations, which may include, but need not be limited to,
614	examinations for a College Board Advanced Placement course,
615	International Baccalaureate course, or Advanced International
616	Certificate of Education course or industry-approved
617	examinations to earn national industry certifications as defined
618	in s. 1003.492, for use as end-of-course assessments under this
619	paragraph, if the commissioner determines that the content
620	knowledge and skills assessed by the examinations meet or exceed
621	the grade level expectations for the core curricular content
622	established for the course in the Next Generation Sunshine State
623	Standards. The commissioner may collaborate with the American
624	Diploma Project in the adoption or development of rigorous end-
625	of-course assessments that are aligned to the Next Generation
626	Sunshine State Standards. The testing program must be designed
627	as follows:
628	1.  The tests shall measure student skills and competencies
629	adopted by the State Board of Education as specified in
630	paragraph (a). The tests must measure and report student
631	proficiency levels of all students assessed in reading, writing,
632	mathematics, and science. The commissioner shall provide for the
633	tests to be developed or obtained, as appropriate, through
634	contracts and project agreements with private vendors, public
635	vendors, public agencies, postsecondary educational
636	institutions, or school districts. The commissioner shall obtain
637	input with respect to the design and implementation of the
638	testing program from state educators, assistive technology
639	experts, and the public.
640	2.  The testing program shall be composed of criterion-
641	referenced tests that shall, to the extent determined by the
642	commissioner, include test items that require the student to
643	produce information or perform tasks in such a way that the core
644	content knowledge and skills he or she uses can be measured.
645	3.  Beginning with the 2008-2009 school year, the
646	commissioner shall discontinue administration of the selected-
647	response test items on the comprehensive assessments of writing.
648	Beginning with the 2012-2013 school year, the comprehensive
649	assessments of writing shall be composed of a combination of
650	selected-response test items, short-response performance tasks,
651	and extended-response performance tasks, which shall measure a
652	student's content knowledge of writing, including, but not
653	limited to, paragraph and sentence structure, sentence
654	construction, grammar and usage, punctuation, capitalization,
655	spelling, parts of speech, verb tense, irregular verbs, subject-
656	verb agreement, and noun-pronoun agreement.
657	4.  A score shall be designated for each subject area
658	tested, below which score a student's performance is deemed
659	inadequate. The school districts shall provide appropriate
660	remedial instruction to students who score below these levels.
661	5.  Except as provided in s. 1003.4282 1003.428(8)(b) or s.
662	1003.43(11)(b), students must earn a passing score on end-of-
663	course assessments being developed and phased in by the
664	department the grade 10 assessment test described in this
665	paragraph or attain concordant scores as described in subsection
666	(10) in language arts reading, writing, and mathematics to
667	qualify for a standard high school diploma. The State Board of
668	Education shall designate a passing score for each end-of-course
669	part of the grade 10 assessment, including passing scores for
670	the reading and writing portions of the language arts
671	assessments test. In establishing passing scores, the state
672	board shall consider any possible negative impact of the
673	assessments test on minority students. The State Board of
674	Education shall adopt rules which specify the passing scores for
675	the grade 10 FCAT. Any such rules, which have the effect of
676	raising the required passing scores, shall apply only to
677	students taking the grade 10 FCAT for the first time after such
678	rules are adopted by the State Board of Education.
679	6.  Participation in the testing program is mandatory for
680	all students attending public school, including students served
681	in Department of Juvenile Justice programs, except as otherwise
682	prescribed by the commissioner. If a student does not
683	participate in the statewide assessment, the district must
684	notify the student's parent and provide the parent with
685	information regarding the implications of such nonparticipation.
686	A parent must provide signed consent for a student to receive
687	classroom instructional accommodations that would not be
688	available or permitted on the statewide assessments and must
689	acknowledge in writing that he or she understands the
690	implications of such instructional accommodations. The State
691	Board of Education shall adopt rules, based upon recommendations
692	of the commissioner, for the provision of test accommodations
693	for students in exceptional education programs and for students
694	who have limited English proficiency. Accommodations that negate
695	the validity of a statewide assessment are not allowable in the
696	administration of the FCAT. However, instructional
697	accommodations are allowable in the classroom if included in a
698	student's individual education plan. Students using
699	instructional accommodations in the classroom that are not
700	allowable as accommodations on the FCAT may have the FCAT
701	requirement waived pursuant to the requirements of s. 1003.4282
702	1003.428(8)(b) or s. 1003.43(11)(b).
703	7.  A student seeking an adult high school diploma must
704	meet the same testing requirements that a regular high school
705	student must meet.
706	8.  District school boards must provide instruction to
707	prepare students to demonstrate proficiency in the core
708	curricular content established in the Next Generation Sunshine
709	State Standards adopted under s. 1003.41, including the core
710	content knowledge and skills necessary for successful grade-to-
711	grade progression and high school graduation. If a student is
712	provided with instructional accommodations in the classroom that
713	are not allowable as accommodations in the statewide assessment
714	program, as described in the test manuals, the district must
715	inform the parent in writing and must provide the parent with
716	information regarding the impact on the student's ability to
717	meet expected proficiency levels in reading, writing, and
718	mathematics. The commissioner shall conduct studies as necessary
719	to verify that the required core curricular content is part of
720	the district instructional programs.
721	9.  District school boards must provide opportunities for
722	students to demonstrate an acceptable level of performance on an
723	alternative standardized assessment approved by the State Board
724	of Education following enrollment in summer academies.
725	10.  The Department of Education must develop, or select,
726	and implement a common battery of assessment tools that will be
727	used in all juvenile justice programs in the state. These tools
728	must accurately measure the core curricular content established
729	in the Sunshine State Standards.
730	11.  For students seeking a special diploma pursuant to s.
731	1003.438, the Department of Education must develop or select and
732	implement an alternate assessment tool that accurately measures
733	the core curricular content established in the Sunshine State
734	Standards for students with disabilities under s. 1003.438.
735	12.  The Commissioner of Education shall establish
736	schedules for the administration of statewide assessments and
737	the reporting of student test results. The commissioner shall,
738	by August 1 of each year, notify each school district in writing
739	and publish on the department's Internet website the testing and
740	reporting schedules for, at a minimum, the school year following
741	the upcoming school year. The testing and reporting schedules
742	shall require that:
743	a.  There is the latest possible administration of
744	statewide assessments and the earliest possible reporting to the
745	school districts of student test results which is feasible
746	within available technology and specific appropriations;
747	however, test results must be made available no later than the
748	final day of the regular school year for students.
749	b.  Beginning with the 2010-2011 school year, a
750	comprehensive statewide assessment of writing is not
751	administered earlier than the week of March 1 and a
752	comprehensive statewide assessment of any other subject is not
753	administered earlier than the week of April 15.
754	c.  A statewide standardized end-of-course assessment is
755	administered within the last 2 weeks of the course.
756
757	The commissioner may, based on collaboration and input from
758	school districts, design and implement student testing programs,
759	for any grade level and subject area, necessary to effectively
760	monitor educational achievement in the state, including the
761	measurement of educational achievement of the Sunshine State
762	Standards for students with disabilities. Development and
763	refinement of assessments shall include universal design
764	principles and accessibility standards that will prevent any
765	unintended obstacles for students with disabilities while
766	ensuring the validity and reliability of the test. These
767	principles should be applicable to all technology platforms and
768	assistive devices available for the assessments. The field
769	testing process and psychometric analyses for the statewide
770	assessment program must include an appropriate percentage of
771	students with disabilities and an evaluation or determination of
772	the effect of test items on such students.
773	(10)  CONCORDANT SCORES FOR THE FCAT.--
774	(a)  The State Board of Education shall analyze the content
775	and concordant data sets for widely used high school achievement
776	tests, including, but not limited to, the PSAT, PLAN, SAT, ACT,
777	and College Placement Test, to assess if concordant scores for
778	FCAT scores can be determined for high school graduation,
779	college placement, and scholarship awards. In cases where
780	content alignment and concordant scores can be determined, the
781	Commissioner of Education shall adopt those scores as meeting
782	the graduation requirement in lieu of achieving the FCAT passing
783	score and may adopt those scores as being sufficient to achieve
784	additional purposes as determined by rule. Each time that test
785	content or scoring procedures change for the FCAT or for a high
786	school achievement test for which a concordant score is
787	determined, new concordant scores must be determined.
788	(b)  In order to use a concordant subject area score
789	pursuant to this subsection to satisfy the assessment
790	requirement for a standard high school diploma as provided in s.
791	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
792	take each subject area of the grade 10 FCAT a total of three
793	times without earning a passing score. The requirements of this
794	paragraph shall not apply to a new student who enters the
795	Florida public school system in grade 12, who may either achieve
796	a passing score on the FCAT or use an approved subject area
797	concordant score to fulfill the graduation requirement.
798	(c)  The State Board of Education may define by rule the
799	allowable uses, other than to satisfy the high school graduation
800	requirement, for concordant scores as described in this
801	subsection. Such uses may include, but need not be limited to,
802	achieving appropriate standardized test scores required for the
803	awarding of Florida Bright Futures Scholarships and college
804	placement.
805	Section 11.  Subsection (3) of section 1008.30, Florida
806	Statutes, is amended to read:
807	1008.30  Common placement testing for public postsecondary
808	education.--
809	(3)  The State Board of Education shall adopt rules that
810	require high schools to evaluate before the beginning of grade
811	12 the college readiness of each student who indicates an
812	interest in postsecondary education and achieves passing scores
813	on the language arts and at Level 2 or Level 3 on the reading
814	portion of the grade 10 FCAT or Level 2, Level 3, or Level 4 on
815	the mathematics end-of-course assessments required for high
816	school graduation portion of the grade 10 FCAT. High schools
817	shall perform this evaluation using results from the
818	corresponding component of the common placement test prescribed
819	in this section, or an equivalent test identified by the State
820	Board of Education. The Department of Education shall purchase
821	or develop the assessments necessary to perform the evaluations
822	required by this subsection and shall work with the school
823	districts to administer the assessments. The State Board of
824	Education shall establish by rule the minimum test scores a
825	student must achieve to demonstrate readiness. Students who
826	demonstrate readiness by achieving the minimum test scores
827	established by the state board and enroll in a community college
828	within 2 years of achieving such scores shall not be required to
829	enroll in remediation courses as a condition of acceptance to
830	any community college. The high school shall use the results of
831	the test to advise the students of any identified deficiencies
832	and to the maximum extent practicable provide 12th grade
833	students access to appropriate remedial instruction prior to
834	high school graduation. The remedial instruction provided under
835	this subsection shall be a collaborative effort between
836	secondary and postsecondary educational institutions. To the
837	extent courses are available, the Florida Virtual School may be
838	used to provide the remedial instruction required by this
839	subsection.
840	Section 12.  Paragraph (b) of subsection (1) of section
841	1009.531, Florida Statutes, is amended to read:
842	1009.531  Florida Bright Futures Scholarship Program;
843	student eligibility requirements for initial awards.--
844	(1)  Effective January 1, 2008, in order to be eligible for
845	an initial award from any of the three types of scholarships
846	under the Florida Bright Futures Scholarship Program, a student
847	must:
848	(b)  Earn a standard Florida high school diploma or its
849	equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
850	or s. 1003.435 unless:
851	1.  The student completes a home education program
852	according to s. 1002.41; or
853	2.  The student earns a high school diploma from a non-
854	Florida school while living with a parent or guardian who is on
855	military or public service assignment away from Florida.
856	Section 13.  This act shall take effect July 1, 2009.
857
858	-----------------------------------------------------
859	T I T L E  A M E N D M E N T
860	Remove the entire title and insert:
861	A bill to be entitled
862	An act relating to high school graduation; amending s. 1003.03,
863	F.S.; conforming provisions to the replacement by the act of the
864	grade 10 Florida Comprehensive Assessment Test with end-of-
865	course assessments for purposes of high school graduation
866	requirements; amending s. 1003.428, F.S.; requiring that
867	students be advised of the availability of certain courses for
868	purposes of high school graduation; providing credit
869	requirements for high school graduation with a standard diploma
870	beginning with students entering grade 9 in the 2010-2011 school
871	year and students entering grade 9 in the 2012-2013 school year;
872	revising remedial course requirements to conform to the
873	replacement by the act of the grade 10 FCAT with end-of-course
874	assessments; deleting provisions relating to general
875	requirements for high school graduation to conform to changes
876	made by the act; creating s. 1003.4282, F.S.; providing for
877	accommodations for students with disabilities for purposes of
878	high school graduation; creating s. 1003.4286, F.S.; creating
879	the Graduation Exit Option Program under which a high school
880	student shall be awarded an alternative diploma; providing
881	requirements for participation in the program and receipt of a
882	diploma; providing Department of Education duties and requiring
883	State Board of Education rules; creating s. 1003.4287, F.S.;
884	authorizing the award of a standard high school diploma to
885	certain honorably discharged veterans; amending s. 1003.429,
886	F.S.; requiring that students be advised of the availability of
887	certain courses for purposes of an accelerated high school
888	graduation option; revising high school graduation requirements
889	to conform to the replacement by the act of the grade 10 FCAT
890	with end-of-course assessments; amending s. 1003.43, F.S.;
891	revising high school graduation requirements to conform to the
892	replacement by the act of the grade 10 FCAT with end-of-course
893	assessments; deleting provisions relating to general
894	requirements for high school graduation to conform to changes
895	made by the act; amending s. 1003.433, F.S.; revising high
896	school graduation requirements for transfer students to conform
897	to the replacement by the act of the grade 10 FCAT with end-of-
898	course assessments; amending s. 1007.263, F.S.; conforming a
899	cross-reference; amending s. 1008.22, F.S.; requiring students
900	to pass certain end-of-course assessments to qualify for a high
901	school diploma; requiring the State Board of Education to
902	designate passing scores; deleting provisions requiring passing
903	scores on the grade 10 FCAT for purposes of a high school
904	diploma; conforming cross-references; deleting provisions for
905	the establishment of concordant scores used for purposes of high
906	school graduation as alternative to FCAT scores; amending s.
907	1008.30, F.S.; revising requirements for high schools to
908	evaluate the college readiness of students; conforming
909	provisions; amending s. 1009.531, F.S.; conforming provisions;
910	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.