HB 7053

1	A bill to be entitled
2	An act relating to public school assessments; amending s.
3	1003.25, F.S.; requiring the State Board of Education to
4	establish uniform procedures for the acceptance of student
5	credits and grades according to certain criteria; amending
6	s. 1003.413, F.S., relating to secondary school redesign,
7	to delete obsolete provisions and to conform to changes
8	made by the act; amending s. 1003.4156, F.S.; revising
9	requirements for middle grades promotion; providing that
10	successful completion of a high school level Algebra I,
11	geometry, or Biology I course is not contingent upon a
12	student's performance on the end-of-course assessment;
13	requiring a student to pass the end-of-course assessment
14	to earn high school credit for such courses; specifying
15	information that must be provided to students as part of
16	the personalized academic and career plan; amending s.
17	1003.428, F.S.; revising requirements for high school
18	graduation; requiring students entering grade 9 in
19	specified school years to meet end-of-course assessment
20	requirements and revised credit requirements in
21	mathematics and science for high school graduation;
22	requiring credit in an online course; requiring district
23	school board standards for grades in certain courses;
24	providing for waiver of end-of-course assessment results
25	for the purpose of receiving a course grade and credit for
26	students with disabilities; amending s. 1003.429, F.S.;
27	revising requirements for accelerated high school
28	graduation options; updating cross-references; requiring
29	students entering grade 9 in specified school years to
30	meet end-of-course assessment requirements and revised
31	credit requirements in mathematics and science for high
32	school graduation; requiring credit in an online course;
33	requiring district school board standards for grades in
34	certain courses; creating s. 1003.4295, F.S.; requiring
35	high schools to advise students of, and offer,
36	acceleration opportunities; establishing the Credit
37	Acceleration Program to allow a secondary student who is
38	not enrolled in or has not completed a course to earn
39	credit if certain requirements are met; amending s.
40	1003.437, F.S.; revising the middle and high school
41	grading system as it relates to grades for a high school
42	student who fails an end-of-course assessment; amending s.
43	1003.493, F.S., relating to career and professional
44	academies; clarifying provisions relating to industry
45	certifications; conforming provisions to changes made by
46	the act; amending s. 1007.35, F.S., relating to the
47	Florida Partnership for Minority and Underrepresented
48	Student Achievement, to conform to changes made by the
49	act; amending s. 1008.22, F.S.; revising the statewide
50	student achievement testing program; requiring end-of-
51	course assessments in mathematics and science to replace
52	FCAT Mathematics and FCAT Science beginning with students
53	entering grade 9 in specified school years; providing
54	requirements for administration of, and student
55	performance on, statewide, standardized end-of-course
56	assessments in mathematics and science; clarifying
57	provisions relating to industry certifications; providing
58	for establishment of an implementation schedule to develop
59	and administer end-of-course assessments in certain
60	courses; requiring evaluation and reporting of transition
61	to specified end-of-course assessments; deleting certain
62	requirements relating to the assessment of writing;
63	requiring the use of scaled scores and achievement levels
64	for measuring a student's knowledge and skills; requiring
65	the State Board of Education to designate passing scores
66	for end-of-course assessments and scores that indicate
67	high achievement; providing requirements for retaking
68	specified assessments; providing for waiver of end-of-
69	course assessment requirements for students in exceptional
70	education programs and students who have limited English
71	proficiency; revising provisions relating to testing and
72	reporting schedules; conforming provisions and cross-
73	references; deleting certain uses of concordant scores for
74	the FCAT; deleting retake requirements for the use of
75	concordant scores; authorizing the Commissioner of
76	Education to adopt equivalent scores for end-of-course
77	assessments; providing requirements for use of equivalent
78	scores; amending s. 1008.25, F.S., relating to public
79	school student progression, to conform to changes made by
80	the act; amending s. 1008.30, F.S., relating to the common
81	placement test, to conform to changes made by the act;
82	amending s. 1008.34, F.S.; revising provisions that
83	specify the basis for determining school grades to include
84	student performance on end-of-course assessments and to
85	conform provisions to current FCAT assessments; clarifying
86	provisions relating to industry certifications; amending
87	s. 1008.341, F.S.; revising provisions that specify the
88	basis for determining an alternative school's school
89	improvement rating to include student performance on end-
90	of-course assessments; amending s. 1008.36, F.S.; revising
91	provisions relating to the use of school recognition
92	awards; providing an effective date.
93
94	Be It Enacted by the Legislature of the State of Florida:
95
96	Section 1.  Subsection (3) of section 1003.25, Florida
97	Statutes, is amended to read:
98	1003.25  Procedures for maintenance and transfer of student
99	records.-
100	(3)  The State Board of Education shall establish, by rule,
101	uniform procedures relating to the acceptance of credits and
102	grades earned by students entering Florida's public schools.
103	Credits and grades earned in courses, including those courses
104	that in Florida would require a statewide, standardized end-of-
105	course assessment under s. 1008.22(3)(c)2., shall be accepted at
106	face value if based on official transcripts and subject to
107	validation procedures established by rule transfer work and
108	credit for students shall be prescribed by rule by the State
109	Board of Education.
110	Section 2.  Paragraph (d) of subsection (3) and subsections
111	(4) and (5) of section 1003.413, Florida Statutes, are amended
112	to read:
113	1003.413  Florida Secondary School Redesign Act.-
114	(3)  Based on these guiding principles, district school
115	boards shall establish policies to implement the requirements of
116	ss. 1003.4156, 1003.428, and 1003.493. The policies must
117	address:
118	(d)  Credit recovery courses and intensive reading and
119	mathematics intervention courses based on student performance on
120	the FCAT Reading and FCAT Mathematics. These courses should be
121	competency based and offered through innovative delivery
122	systems, including computer-assisted instruction. School
123	districts should use learning gains as well as other appropriate
124	data and provide incentives to identify and reward high-
125	performing teachers who teach credit recovery and intensive
126	intervention courses.
127	(4)  In order to support the successful implementation of
128	this section by district school boards, the Department of
129	Education shall:
130	(a)  By February 1, 2007, increase the number of approved
131	applied, integrated, and combined courses available to school
132	districts.
133	(b)  By the beginning of the 2006-2007 school year, make
134	available a professional development package designed to provide
135	the information that content area teachers need to become
136	proficient in applying scientifically based reading strategies
137	through their content areas.
138	(a)(c)  Share best practices for providing a complete
139	education program to students enrolled in course recovery,
140	credit recovery, intensive reading intervention, or intensive
141	mathematics intervention.
142	(b)(d)  Expedite assistance and decisions and coordinate
143	policies throughout all divisions within the department to
144	provide school districts with support to implement this section.
145	(e)  Use data to provide the Legislature with an annual
146	longitudinal analysis of the success of this reform effort,
147	including the progress of 6th grade students and 9th grade
148	students scoring at Level 1 on FCAT Reading or FCAT Mathematics.
149	(5)  The Commissioner of Education shall create and
150	implement the Secondary School Improvement Award Program to
151	reward public secondary schools that demonstrate continuous
152	student academic improvement and show the greatest gains in
153	student academic achievement in reading and mathematics.
154	Section 3.  Paragraph (a) of subsection (1) of section
155	1003.4156, Florida Statutes, is amended to read:
156	1003.4156  General requirements for middle grades
157	promotion.-
158	(1)  Beginning with students entering grade 6 in the 2006-
159	2007 school year, promotion from a school composed of middle
160	grades 6, 7, and 8 requires that:
161	(a)  The student must successfully complete academic
162	courses as follows:
163	1.  Three middle school or higher courses in English. These
164	courses shall emphasize literature, composition, and technical
165	text.
166	2.  Three middle school or higher courses in mathematics.
167	Each middle school must offer at least one high school level
168	mathematics course for which students may earn high school
169	credit. Successful completion of a high school level Algebra I
170	or geometry course is not contingent upon the student's
171	performance on the end-of-course assessment required under s.
172	1008.22(3)(c)2.a.(I). However, to earn high school credit for an
173	Algebra I or geometry course, a middle school student must meet
174	the end-of-course assessment requirement under s.
175	1008.22(3)(c)2.a.(I). Students in grades 6 through 8 who earn
176	high school credit for an Algebra I or geometry course before
177	the 2010-2011 school year are not subject to the end-of-course
178	assessment requirement.
179	3.  Three middle school or higher courses in social
180	studies, one semester of which must include the study of state
181	and federal government and civics education.
182	4.  Three middle school or higher courses in science.
183	Successful completion of a high school level Biology I course is
184	not contingent upon the student's performance on the end-of-
185	course assessment required under s. 1008.22(3)(c)2.a.(II).
186	However, to earn high school credit for a Biology I course, a
187	middle school student must meet the end-of-course assessment
188	requirement under s. 1008.22(3)(c)2.a.(II). Students in grades 6
189	through 8 who earn high school credit for a Biology I course
190	before the 2011-2012 school year are not subject to the end-of-
191	course assessment requirement.
192	5.  One course in career and education planning to be
193	completed in 7th or 8th grade. The course may be taught by any
194	member of the instructional staff; must include career
195	exploration using Florida CHOICES for the 21st Century or a
196	comparable cost-effective program; must include educational
197	planning using the online student advising system known as
198	Florida Academic Counseling and Tracking for Students at the
199	Internet website FACTS.org; and shall result in the completion
200	of a personalized academic and career plan. The required
201	personalized academic and career plan must inform students of
202	high school graduation requirements, high school assessment and
203	college entrance test requirements, Florida Bright Futures
204	Scholarship Program requirements, state university and Florida
205	college admission requirements, and opportunities through which
206	a high school student can earn college credit, including
207	Advanced Placement, International Baccalaureate, Advanced
208	International Certificate of Education, dual enrollment, career
209	academy courses, and programs that lead to national industry
210	certification.
211
212	Each school must hold a parent meeting either in the evening or
213	on a weekend to inform parents about the course curriculum and
214	activities. Each student shall complete an electronic personal
215	education plan that must be signed by the student; the student's
216	instructor, guidance counselor, or academic advisor; and the
217	student's parent. By January 1, 2007, The Department of
218	Education shall develop course frameworks and professional
219	development materials for the career exploration and education
220	planning course. The course may be implemented as a stand-alone
221	course or integrated into another course or courses. The
222	Commissioner of Education shall collect longitudinal high school
223	course enrollment data by student ethnicity in order to analyze
224	course-taking patterns.
225	Section 4.  Subsections (1) and (2), paragraph (a) of
226	subsection (4), and paragraph (b) of subsection (8) of section
227	1003.428, Florida Statutes, are amended to read:
228	1003.428  General requirements for high school graduation;
229	revised.-
230	(1)  Except as otherwise authorized pursuant to s.
231	1003.429, beginning with students entering grade 9 their first
232	year of high school in the 2007-2008 school year, graduation
233	requires the successful completion of a minimum of 24 credits,
234	an International Baccalaureate curriculum, or an Advanced
235	International Certificate of Education curriculum. Students must
236	be advised of eligibility requirements for state scholarship
237	programs and postsecondary admissions.
238	(2)  The 24 credits may be earned through applied,
239	integrated, and combined courses approved by the Department of
240	Education. Beginning with students entering grade 9 in the 2013-
241	2014 school year, one of the 24 credits must contain online
242	learning. This requirement shall be met through an online course
243	offered by the Florida Virtual School, through a course offered
244	by the high school that significantly integrates online content,
245	or through an online dual enrollment course offered pursuant to
246	a district interinstitutional articulation agreement under s.
247	1007.235. A student who is enrolled in a full-time virtual
248	instruction program under s. 1002.45 meets this requirement. The
249	24 credits and shall be distributed as follows:
250	(a)  Sixteen core curriculum credits:
251	1.  Four credits in English, with major concentration in
252	composition, reading for information, and literature.
253	2.  Four credits in mathematics, one of which must be
254	Algebra I, a series of courses equivalent to Algebra I, or a
255	higher-level mathematics course. Beginning with students
256	entering grade 9 in the 2010-2011 school year, in addition to
257	the Algebra I credit requirement, one of the four credits in
258	mathematics must be geometry or a series of courses equivalent
259	to geometry as approved by the State Board of Education.
260	Beginning with students entering grade 9 in the 2010-2011 school
261	year, the end-of-course assessment requirements under s.
262	1008.22(3)(c)2.a.(I) must be met in order for a student to earn
263	the required credits in Algebra I and geometry. Beginning with
264	students entering grade 9 in the 2012-2013 school year, in
265	addition to the Algebra I and geometry credit requirements, one
266	of the four credits in mathematics must be Algebra II or a
267	series of courses equivalent to Algebra II as approved by the
268	State Board of Education. School districts are encouraged to set
269	specific goals to increase enrollments in, and successful
270	completion of, geometry and Algebra II.
271	3.  Three credits in science, two of which must have a
272	laboratory component. Beginning with students entering grade 9
273	in the 2011-2012 school year, one of the three credits in
274	science must be Biology I or a series of courses equivalent to
275	Biology I as approved by the State Board of Education. Beginning
276	with students entering grade 9 in the 2011-2012 school year, the
277	end-of-course assessment requirements under s.
278	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
279	the required credit in Biology I. Beginning with students
280	entering grade 9 in the 2013-2014 school year, in addition to
281	the Biology I credit requirement, one of the three credits in
282	science must be chemistry or physics or a series of courses
283	equivalent to chemistry or physics as approved by the State
284	Board of Education.
285	4.  Three credits in social studies as follows: one credit
286	in United States American history; one credit in world history;
287	one-half credit in economics; and one-half credit in United
288	States American government.
289	5.  One credit in fine or performing arts, speech and
290	debate, or a practical arts course that incorporates artistic
291	content and techniques of creativity, interpretation, and
292	imagination. Eligible practical arts courses shall be identified
293	through the Course Code Directory.
294	6.  One credit in physical education to include integration
295	of health. Participation in an interscholastic sport at the
296	junior varsity or varsity level for two full seasons shall
297	satisfy the one-credit requirement in physical education if the
298	student passes a competency test on personal fitness with a
299	score of "C" or better. The competency test on personal fitness
300	must be developed by the Department of Education. A district
301	school board may not require that the one credit in physical
302	education be taken during the 9th grade year. Completion of one
303	semester with a grade of "C" or better in a marching band class,
304	in a physical activity class that requires participation in
305	marching band activities as an extracurricular activity, or in a
306	dance class shall satisfy one-half credit in physical education
307	or one-half credit in performing arts. This credit may not be
308	used to satisfy the personal fitness requirement or the
309	requirement for adaptive physical education under an individual
310	education plan (IEP) or 504 plan. Completion of 2 years in a
311	Reserve Officer Training Corps (R.O.T.C.) class, a significant
312	component of which is drills, shall satisfy the one-credit
313	requirement in physical education and the one-credit requirement
314	in performing arts. This credit may not be used to satisfy the
315	personal fitness requirement or the requirement for adaptive
316	physical education under an individual education plan (IEP) or
317	504 plan.
318	(b)  Eight credits in majors, minors, or electives:
319	1.  Four credits in a major area of interest, such as
320	sequential courses in a career and technical program, fine and
321	performing arts, or academic content area, selected by the
322	student as part of the education plan required by s. 1003.4156.
323	Students may revise major areas of interest each year as part of
324	annual course registration processes and should update their
325	education plan to reflect such revisions. Annually by October 1,
326	the district school board shall approve major areas of interest
327	and submit the list of majors to the Commissioner of Education
328	for approval. Each major area of interest shall be deemed
329	approved unless specifically rejected by the commissioner within
330	60 days. Upon approval, each district's major areas of interest
331	shall be available for use by all school districts and shall be
332	posted on the department's website.
333	2.  Four credits in elective courses selected by the
334	student as part of the education plan required by s. 1003.4156.
335	These credits may be combined to allow for a second major area
336	of interest pursuant to subparagraph 1., a minor area of
337	interest, elective courses, or intensive reading or mathematics
338	intervention courses as described in this subparagraph.
339	a.  Minor areas of interest are composed of three credits
340	selected by the student as part of the education plan required
341	by s. 1003.4156 and approved by the district school board.
342	b.  Elective courses are selected by the student in order
343	to pursue a complete education program as described in s.
344	1001.41(3) and to meet eligibility requirements for
345	scholarships.
346	c.  For each year in which a student scores at Level l on
347	FCAT Reading, the student must be enrolled in and complete an
348	intensive reading course the following year. Placement of Level
349	2 readers in either an intensive reading course or a content
350	area course in which reading strategies are delivered shall be
351	determined by diagnosis of reading needs. The department shall
352	provide guidance on appropriate strategies for diagnosing and
353	meeting the varying instructional needs of students reading
354	below grade level. Reading courses shall be designed and offered
355	pursuant to the comprehensive reading plan required by s.
356	1011.62(9).
357	d.  For each year in which a student scores at Level 1 or
358	Level 2 on FCAT Mathematics, the student must receive
359	remediation the following year. These courses may be taught
360	through applied, integrated, or combined courses and are subject
361	to approval by the department for inclusion in the Course Code
362	Directory.
363	(4)  Each district school board shall establish standards
364	for graduation from its schools, which must include:
365	(a)  Successful completion of the academic credit or
366	curriculum requirements of subsections (1) and (2). For courses
367	that require statewide, standardized end-of-course assessments
368	under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
369	student's course grade shall be comprised of performance on the
370	statewide, standardized end-of-course assessment.
371
372	Each district school board shall adopt policies designed to
373	assist students in meeting the requirements of this subsection.
374	These policies may include, but are not limited to: forgiveness
375	policies, summer school or before or after school attendance,
376	special counseling, volunteers or peer tutors, school-sponsored
377	help sessions, homework hotlines, and study skills classes.
378	Forgiveness policies for required courses shall be limited to
379	replacing a grade of "D" or "F," or the equivalent of a grade of
380	"D" or "F," with a grade of "C" or higher, or the equivalent of
381	a grade of "C" or higher, earned subsequently in the same or
382	comparable course. Forgiveness policies for elective courses
383	shall be limited to replacing a grade of "D" or "F," or the
384	equivalent of a grade of "D" or "F," with a grade of "C" or
385	higher, or the equivalent of a grade of "C" or higher, earned
386	subsequently in another course. The only exception to these
387	forgiveness policies shall be made for a student in the middle
388	grades who takes any high school course for high school credit
389	and earns a grade of "C," "D," or "F" or the equivalent of a
390	grade of "C," "D," or "F." In such case, the district
391	forgiveness policy must allow the replacement of the grade with
392	a grade of "C" or higher, or the equivalent of a grade of "C" or
393	higher, earned subsequently in the same or comparable course. In
394	all cases of grade forgiveness, only the new grade shall be used
395	in the calculation of the student's grade point average. Any
396	course grade not replaced according to a district school board
397	forgiveness policy shall be included in the calculation of the
398	cumulative grade point average required for graduation.
399	(8)
400	(b)1.  A student with a disability, as defined in s.
401	1007.02(2), for whom the individual education plan (IEP)
402	committee determines that the FCAT cannot accurately measure the
403	student's abilities, taking into consideration all allowable
404	accommodations, shall have the FCAT requirement of paragraph
405	(4)(b) waived for the purpose of receiving a standard high
406	school diploma, if the student:
407	a.1.  Completes the minimum number of credits and other
408	requirements prescribed by subsections (1), (2), and (3).
409	b.2.  Does not meet the requirements of paragraph (4)(b)
410	after one opportunity in 10th grade and one opportunity in 11th
411	grade.
412	2.  A student with a disability, as defined in s.
413	1007.02(2), for whom the individual education plan (IEP)
414	committee determines that an end-of-course assessment cannot
415	accurately measure the student's abilities, taking into
416	consideration all allowable accommodations, shall have the end-
417	of-course assessment results waived for the purpose of
418	determining the student′s course grade and credit as required in
419	paragraph (4)(a).
420	Section 5.  Subsections (1) and (5), paragraph (c) of
421	subsection (7), and subsection (8) of section 1003.429, Florida
422	Statutes, are amended to read:
423	1003.429  Accelerated high school graduation options.-
424	(1)  Students who enter grade 9 in the 2006-2007 school
425	year and thereafter may select, upon receipt of each consent
426	required by this section, one of the following three high school
427	graduation options:
428	(a)  Completion of the general requirements for high school
429	graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
430	(b)  Completion of a 3-year standard college preparatory
431	program requiring successful completion of a minimum of 18
432	academic credits in grades 9 through 12. At least 6 of the 18
433	credits required for completion of this program must be received
434	in classes that are offered pursuant to the International
435	Baccalaureate Program, the Advanced Placement Program, dual
436	enrollment, Advanced International Certificate of Education, or
437	specifically listed or identified by the Department of Education
438	as rigorous pursuant to s. 1009.531(3). Beginning with students
439	entering grade 9 in the 2013-2014 school year, one of the 18
440	credits must contain online learning. This requirement shall be
441	met through an online course offered by the Florida Virtual
442	School, through a course offered by the high school that
443	significantly integrates online content, or through an online
444	dual enrollment course offered pursuant to a district
445	interinstitutional articulation agreement under s. 1007.235. A
446	student who is enrolled in a full-time virtual instruction
447	program under s. 1002.45 meets this requirement. The 18 credits
448	required for completion of this program shall be primary
449	requirements and shall be distributed as follows:
450	1.  Four credits in English, with major concentration in
451	composition and literature;
452	2.  Three credits and, beginning with students entering
453	grade 9 in the 2010-2011 school year, four credits in
454	mathematics at the Algebra I level or higher from the list of
455	courses that qualify for state university admission. Beginning
456	with students entering grade 9 in the 2010-2011 school year, in
457	addition to the Algebra I credit requirement, one of the four
458	credits in mathematics must be geometry or a series of courses
459	equivalent to geometry as approved by the State Board of
460	Education. Beginning with students entering grade 9 in the 2010-
461	2011 school year, the end-of-course assessment requirements
462	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
463	to earn the required credits in Algebra I and geometry.
464	Beginning with students entering grade 9 in the 2012-2013 school
465	year, in addition to the Algebra I and geometry credit
466	requirements, one of the four credits in mathematics must be
467	Algebra II or a series of courses equivalent to Algebra II as
468	approved by the State Board of Education;
469	3.  Three credits in natural science, two of which must
470	have a laboratory component. Beginning with students entering
471	grade 9 in the 2011-2012 school year, one of the three credits
472	in science must be Biology I or a series of courses equivalent
473	to Biology I as approved by the State Board of Education.
474	Beginning with students entering grade 9 in the 2011-2012 school
475	year, the end-of-course assessment requirements under s.
476	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
477	the required credit in Biology I. Beginning with students
478	entering grade 9 in the 2013-2014 school year, in addition to
479	the Biology I credit requirement, one of the three credits in
480	science must be chemistry or physics or a series of courses
481	equivalent to chemistry or physics as approved by the State
482	Board of Education;
483	4.  Three credits in social sciences, which must include
484	one credit in United States American history, one credit in
485	world history, one-half credit in United States American
486	government, and one-half credit in economics;
487	5.  Two credits in the same second language unless the
488	student is a native speaker of or can otherwise demonstrate
489	competency in a language other than English. If the student
490	demonstrates competency in another language, the student may
491	replace the language requirement with two credits in other
492	academic courses; and
493	6.  Three credits and, beginning with students entering
494	grade 9 in the 2010-2011 school year, two credits in electives;
495	or
496	(c)  Completion of a 3-year career preparatory program
497	requiring successful completion of a minimum of 18 academic
498	credits in grades 9 through 12. Beginning with students entering
499	grade 9 in the 2013-2014 school year, one of the 18 credits must
500	contain online learning. This requirement shall be met through
501	an online course offered by the Florida Virtual School, through
502	a course offered by the high school that significantly
503	integrates online content, or through an online dual enrollment
504	course offered pursuant to a district interinstitutional
505	articulation agreement under s. 1007.235. A student who is
506	enrolled in a full-time virtual instruction program under s.
507	1002.45 meets this requirement. The 18 credits shall be primary
508	requirements and shall be distributed as follows:
509	1.  Four credits in English, with major concentration in
510	composition and literature;
511	2.  Three credits and, beginning with students entering
512	grade 9 in the 2010-2011 school year, four credits in
513	mathematics, one of which must be Algebra I. Beginning with
514	students entering grade 9 in the 2010-2011 school year, in
515	addition to the Algebra I credit requirement, one of the four
516	credits in mathematics must be geometry or a series of courses
517	equivalent to geometry as approved by the State Board of
518	Education. Beginning with students entering grade 9 in the 2010-
519	2011 school year, the end-of-course assessment requirements
520	under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
521	to earn the required credits in Algebra I and geometry.
522	Beginning with students entering grade 9 in the 2012-2013 school
523	year, in addition to the Algebra I and geometry credit
524	requirements, one of the four credits in mathematics must be
525	Algebra II or a series of courses equivalent to Algebra II as
526	approved by the State Board of Education;
527	3.  Three credits in natural science, two of which must
528	have a laboratory component. Beginning with students entering
529	grade 9 in the 2011-2012 school year, one of the three credits
530	in science must be Biology I or a series of courses equivalent
531	to Biology I as approved by the State Board of Education.
532	Beginning with students entering grade 9 in the 2011-2012 school
533	year, the end-of-course assessment requirements under s.
534	1008.22(3)(c)2.a.(II) must be met in order for a student to earn
535	the required credit in Biology I. Beginning with students
536	entering grade 9 in the 2013-2014 school year, in addition to
537	the Biology I credit requirement, one of the three credits in
538	science must be chemistry or physics or a series of courses
539	equivalent to chemistry or physics as approved by the State
540	Board of Education;
541	4.  Three credits in social sciences, which must include
542	one credit in United States American history, one credit in
543	world history, one-half credit in United States American
544	government, and one-half credit in economics;
545	5.  Three credits in a single vocational or career
546	education program, three credits in career and technical
547	certificate dual enrollment courses, or five credits in
548	vocational or career education courses; and
549	6.  Two credits and, beginning with students entering grade
550	9 in the 2010-2011 school year, one credit in electives unless
551	five credits are earned pursuant to subparagraph 5.
552
553	Any student who selected an accelerated graduation program
554	before July 1, 2004, may continue that program, and all
555	statutory program requirements that were applicable when the
556	student made the program choice shall remain applicable to the
557	student as long as the student continues that program.
558	(5)  District school boards may not establish requirements
559	for accelerated 3-year high school graduation options in excess
560	of the requirements in paragraphs (1)(b) and (c). For courses
561	that require statewide, standardized end-of-course assessments
562	under s. 1008.22(3)(c)2.c., a minimum of 30 percent of a
563	student's course grade shall be comprised of performance on the
564	statewide, standardized end-of-course assessment.
565	(7)  If, at the end of grade 10, a student is not on track
566	to meet the credit, assessment, or grade-point-average
567	requirements of the accelerated graduation option selected, the
568	school shall notify the student and parent of the following:
569	(c)  The right of the student to change to the 4-year
570	program set forth in s. 1003.428 or s. 1003.43, as applicable.
571	(8)  A student who selected one of the accelerated 3-year
572	graduation options shall automatically move to the 4-year
573	program set forth in s. 1003.428 or s. 1003.43, as applicable,
574	if the student:
575	(a)  Exercises his or her right to change to the 4-year
576	program;
577	(b)  Fails to earn 5 credits by the end of grade 9 or fails
578	to earn 11 credits by the end of grade 10;
579	(c)  Does not achieve a score of 3 or higher on the grade
580	10 FCAT Writing assessment; or
581	(d)  By the end of grade 11 does not meet the requirements
582	of subsections (1) and (6).
583	Section 6.  Section 1003.4295, Florida Statutes, is created
584	to read:
585	1003.4295  Acceleration opportunities for secondary
586	students.-
587	(1)  Each high school shall advise each student of
588	opportunities through which a high school student can earn
589	college credit, including Advanced Placement, International
590	Baccalaureate, Advanced International Certificate of Education,
591	dual enrollment, career academy courses, and programs that lead
592	to national industry certification, as well as the availability
593	of course offerings through the Florida Virtual School.
594	(2)  Beginning with the 2011-2012 school year, each high
595	school shall offer an International Baccalaureate Program, an
596	Advanced International Certificate of Education Program, or a
597	combination of at least four courses in dual enrollment or
598	Advanced Placement, including one course each in English,
599	mathematics, science, and social studies. To meet this
600	requirement, school districts may utilize the course offerings
601	provided by the Florida Virtual School established under s.
602	1002.37 or through virtual instruction programs authorized under
603	s. 1002.45.
604	(3)  The Credit Acceleration Program (CAP) is established
605	to allow a secondary student to earn high school credit in a
606	course that requires a statewide, standardized end-of-course
607	assessment if the student attains a specified score on the
608	assessment. Notwithstanding s. 1003.436, a school district shall
609	award a course credit to a student who is not enrolled in the
610	course or who has not completed the course if the student
611	attains a score that indicates the student is high achieving,
612	pursuant to s. 1008.22(3)(c)7., on the corresponding statewide,
613	standardized end-of-course assessment. A student who is not
614	enrolled in the course or who has not completed the course may
615	take the statewide, standardized end-of-course assessment during
616	the regular administration of the assessment and may only take
617	the end-of-course assessment once pursuant to this subsection.
618	Section 7.  Subsection (6) of section 1003.437, Florida
619	Statutes, is amended to read:
620	1003.437  Middle and high school grading system.-The
621	grading system and interpretation of letter grades used for
622	students in public schools in grades 6-12 shall be as follows:
623	(6)  Grade "I" equals zero percent, has a grade point
624	average value of zero, and is defined as "incomplete." A high
625	school student who fails to pass an end-of-course assessment
626	required under s. 1008.22(3)(c) may receive a grade "I" in the
627	course until the next administration of the end-of-course
628	assessment. If the student then passes the end-of-course
629	assessment, the appropriate grade shall be substituted.
630
631	For the purposes of class ranking, district school boards may
632	exercise a weighted grading system pursuant to s. 1007.271.
633	Section 8.  Paragraph (k) of subsection (4) of section
634	1003.493, Florida Statutes, is amended to read:
635	1003.493  Career and professional academies.-
636	(4)  Each career and professional academy must:
637	(k)  Include an evaluation plan developed jointly with the
638	Department of Education and the local workforce board. The
639	evaluation plan must include an assessment tool based on
640	national industry standards, such as the Career Academy National
641	Standards of Practice, and outcome measures, including, but not
642	limited to, achievement of national industry certifications
643	identified in the Industry Certification Funding List, pursuant
644	to rules adopted by the State Board of Education, graduation
645	rates, enrollment in postsecondary education, business and
646	industry satisfaction, employment and earnings, awards of
647	postsecondary credit and scholarships, and student FCAT
648	achievement levels and learning gains on statewide assessments
649	administered under s. 1008.22(3)(c). The Department of Education
650	shall use Workforce Florida, Inc., and Enterprise Florida, Inc.,
651	in identifying industry experts to participate in developing and
652	implementing such assessments.
653	Section 9.  Paragraph (c) of subsection (6) of section
654	1007.35, Florida Statutes, is amended to read:
655	1007.35  Florida Partnership for Minority and
656	Underrepresented Student Achievement.-
657	(6)  The partnership shall:
658	(c)  Provide teacher training and materials that are
659	aligned with the Next Generation Sunshine State Standards and
660	are consistent with best theory and practice regarding multiple
661	learning styles and research on learning, instructional
662	strategies, instructional design, and classroom assessment.
663	Curriculum materials must be based on current, accepted, and
664	essential academic knowledge. Materials for prerequisite courses
665	should, at a minimum, address the skills assessed on the Florida
666	Comprehensive Assessment Test (FCAT).
667	Section 10.  Paragraph (c) of subsection (3) and
668	subsections (6), (9), and (10) of section 1008.22, Florida
669	Statutes, are amended, present subsections (11) and (12) are
670	renumbered as subsections (12) and (13), respectively, and a new
671	subsection (11) is added to that section, to read:
672	1008.22  Student assessment program for public schools.-
673	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
674	design and implement a statewide program of educational
675	assessment that provides information for the improvement of the
676	operation and management of the public schools, including
677	schools operating for the purpose of providing educational
678	services to youth in Department of Juvenile Justice programs.
679	The commissioner may enter into contracts for the continued
680	administration of the assessment, testing, and evaluation
681	programs authorized and funded by the Legislature. Contracts may
682	be initiated in 1 fiscal year and continue into the next and may
683	be paid from the appropriations of either or both fiscal years.
684	The commissioner is authorized to negotiate for the sale or
685	lease of tests, scoring protocols, test scoring services, and
686	related materials developed pursuant to law. Pursuant to the
687	statewide assessment program, the commissioner shall:
688	(c)  Develop and implement a student achievement testing
689	program as follows:
690	1.  known as The Florida Comprehensive Assessment Test
691	(FCAT) measures as part of the statewide assessment program to
692	measure a student's content knowledge and skills in reading,
693	writing, science, and mathematics. The content knowledge and
694	skills assessed by the FCAT must be aligned to the core
695	curricular content established in the Next Generation Sunshine
696	State Standards. Other content areas may be included as directed
697	by the commissioner. Comprehensive assessments of reading and
698	mathematics shall be administered annually in grades 3 through
699	10 except, beginning with students entering grade 9 in the 2010-
700	2011 school year, the end-of-course assessments in Algebra I and
701	geometry required under sub-sub-subparagraph 2.a.(I) shall
702	replace grade 9 and grade 10 FCAT Mathematics. Comprehensive
703	assessments of writing and science shall be administered at
704	least once at the elementary, middle, and high school levels
705	except, beginning with students entering grade 9 in the 2011-
706	2012 school year, the end-of-course assessment in Biology I
707	required under sub-sub-subparagraph 2.a.(II) shall replace FCAT
708	Science at the high school level.
709	2.a.  End-of-course assessments for a subject shall may be
710	administered in addition to the comprehensive assessments
711	required for that subject under subparagraph 1. this paragraph.
712	An End-of-course assessments assessment must be rigorous,
713	statewide, standardized, and developed or approved by the
714	department. The content knowledge and skills assessed by
715	comprehensive and end-of-course assessments must be aligned to
716	the core curricular content established in the Next Generation
717	Sunshine State Standards.
718	(I)  Statewide, standardized end-of-course assessments in
719	mathematics shall be administered according to this sub-sub-
720	subparagraph. Beginning with the 2010-2011 school year, all
721	students enrolled in Algebra I or an equivalent course must take
722	the Algebra I end-of-course assessment. For students entering
723	grade 9 during the 2010-2011 school year, each student's
724	performance on the end-of-course assessment in Algebra I shall
725	constitute 30 percent of the student's final course grade.
726	Beginning with students entering grade 9 in the 2011-2012 school
727	year, a student must earn a passing score on the end-of-course
728	assessment in Algebra I in order to pass the course and earn
729	course credit. Beginning with the 2010-2011 school year, all
730	students enrolled in geometry or an equivalent course must take
731	the geometry end-of-course assessment. For students entering
732	grade 9 during the 2010-2011 and 2011-2012 school years, each
733	student's performance on the end-of-course assessment in
734	geometry shall constitute 30 percent of the student's final
735	course grade. Beginning with students entering grade 9 during
736	the 2012-2013 school year, a student must earn a passing score
737	on the end-of-course assessment in geometry in order to pass the
738	course and earn course credit.
739	(II)  A statewide, standardized end-of-course assessment in
740	Biology I shall be administered according to this sub-sub-
741	subparagraph. Beginning with the 2011-2012 school year, all
742	students enrolled in Biology I or an equivalent course must take
743	the Biology I end-of-course assessment. For students entering
744	grade 9 during the 2011-2012 school year, each student's
745	performance on the end-of-course assessment in Biology I shall
746	constitute 30 percent of the student's final course grade.
747	Beginning with students entering grade 9 during the 2012-2013
748	school year, a student must earn a passing score on the end-of-
749	course assessment in Biology I in order to pass the course and
750	earn course credit.
751	b.  The commissioner may select one or more nationally
752	developed comprehensive examinations, which may include, but
753	need not be limited to, examinations for a College Board
754	Advanced Placement course, International Baccalaureate course,
755	or Advanced International Certificate of Education course or
756	industry-approved examinations to earn national industry
757	certifications identified in the Industry Certification Funding
758	List, pursuant to rules adopted by the State Board of Education
759	as defined in s. 1003.492, for use as end-of-course assessments
760	under this paragraph, if the commissioner determines that the
761	content knowledge and skills assessed by the examinations meet
762	or exceed the grade level expectations for the core curricular
763	content established for the course in the Next Generation
764	Sunshine State Standards. The commissioner may collaborate with
765	the American Diploma Project in the adoption or development of
766	rigorous end-of-course assessments that are aligned to the Next
767	Generation Sunshine State Standards. The testing program must be
768	designed as follows:
769	c.  Contingent upon funding provided in the General
770	Appropriations Act, including appropriation of federal funds,
771	the Commissioner of Education shall establish an implementation
772	schedule for the development and administration of statewide,
773	standardized end-of-course assessments in English/Language Arts
774	II, Algebra II, chemistry, physics, earth/space science, United
775	States history, and world history. Priority shall be given to
776	the development of an end-of-course assessment in
777	English/Language Arts II. The Commissioner of Education shall
778	evaluate the feasibility and effect of transitioning from the
779	grade 9 and grade 10 FCAT Reading and high school level FCAT
780	Writing to an end-of-course assessment in English/Language Arts
781	II. The commissioner shall report the results of the evaluation
782	to the President of the Senate and the Speaker of the House of
783	Representatives no later July 1, 2011.
784	3.1.  The testing program tests shall measure student
785	skills and competencies adopted by the State Board of Education
786	as specified in paragraph (a) and. The tests must measure and
787	report student performance proficiency levels of all students
788	assessed in reading, writing, mathematics, and science. The
789	commissioner shall provide for the tests to be developed or
790	obtained, as appropriate, through contracts and project
791	agreements with private vendors, public vendors, public
792	agencies, postsecondary educational institutions, or school
793	districts. The commissioner shall obtain input with respect to
794	the design and implementation of the testing program from state
795	educators, assistive technology experts, and the public.
796	4.2.  The testing program shall be composed of criterion-
797	referenced tests that shall, to the extent determined by the
798	commissioner, include test items that require the student to
799	produce information or perform tasks in such a way that the core
800	content knowledge and skills he or she uses can be measured.
801	3.  Beginning with the 2008-2009 school year, the
802	commissioner shall discontinue administration of the selected-
803	response test items on the comprehensive assessments of writing.
804	Beginning with the 2012-2013 school year, the comprehensive
805	assessments of writing shall be composed of a combination of
806	selected-response test items, short-response performance tasks,
807	and extended-response performance tasks, which shall measure a
808	student's content knowledge of writing, including, but not
809	limited to, paragraph and sentence structure, sentence
810	construction, grammar and usage, punctuation, capitalization,
811	spelling, parts of speech, verb tense, irregular verbs, subject-
812	verb agreement, and noun-pronoun agreement.
813	5.4.  FCAT Reading, Mathematics, and Science and all
814	statewide, standardized end-of-course assessments shall measure,
815	by use of scaled scores and achievement levels, the content
816	knowledge and skills a student has attained. Achievement levels
817	shall range from 1 through 5, with level 1 being the lowest
818	achievement level, level 5 being the highest achievement level,
819	and level 3 indicating satisfactory performance on an
820	assessment. For FCAT Writing, student achievement shall be
821	scored using the rubric scale of 1 through 6 and the score
822	earned shall be used in calculating school grades. A score shall
823	be designated for each subject area tested, below which score a
824	student's performance is deemed inadequate. The school districts
825	shall provide appropriate remedial instruction to students who
826	score below these levels.
827	6.5.  Except as provided in s. 1003.428(8)(b) or s.
828	1003.43(11)(b), students must earn a passing score on the grade
829	10 assessment test described in this paragraph or attain
830	concordant scores as described in subsection (10) in reading,
831	writing, and mathematics to qualify for a standard high school
832	diploma. The State Board of Education shall, by rule, designate
833	a passing score for each part of the grade 10 assessment test
834	and end-of-course assessments. In establishing passing scores,
835	the state board shall consider any possible negative impact of
836	the test on minority students. The State Board of Education
837	shall adopt rules which specify the passing scores for the grade
838	10 FCAT. Any such rules that, which have the effect of raising
839	the required passing scores, shall apply only to students taking
840	the assessment grade 10 FCAT for the first time after such rules
841	are adopted by the State Board of Education. Except as otherwise
842	provided in this paragraph and as provided in s. 1003.428(8)(b)
843	or s. 1003.43(11)(b), students must earn a passing score on
844	grade 10 FCAT Reading and grade 10 FCAT Mathematics or attain
845	concordant scores as described in subsection (10) to qualify for
846	a standard high school diploma.
847	7.  In addition to designating a passing score under
848	subparagraph 6., the State Board of Education shall also
849	designate, by rule, a score for each statewide, standardized
850	end-of-course assessment which indicates that a student is high
851	achieving and is likely to meet college-readiness standards by
852	the time the student graduates from high school.
853	8.6.  Participation in the testing program is mandatory for
854	all students attending public school, including students served
855	in Department of Juvenile Justice programs, except as otherwise
856	prescribed by the commissioner. A student who has not earned
857	passing scores on the grade 10 FCAT as provided in subparagraph
858	6. must participate in each retake of the assessment until the
859	student earns passing scores or achieves scores on a
860	standardized assessment that are concordant with passing scores
861	pursuant to subsection (10). If a student does not participate
862	in the statewide assessment, the district must notify the
863	student's parent and provide the parent with information
864	regarding the implications of such nonparticipation. A parent
865	must provide signed consent for a student to receive classroom
866	instructional accommodations that would not be available or
867	permitted on the statewide assessments and must acknowledge in
868	writing that he or she understands the implications of such
869	instructional accommodations. The State Board of Education shall
870	adopt rules, based upon recommendations of the commissioner, for
871	the provision of test accommodations for students in exceptional
872	education programs and for students who have limited English
873	proficiency. Accommodations that negate the validity of a
874	statewide assessment are not allowable in the administration of
875	the FCAT or an end-of-course assessment. However, instructional
876	accommodations are allowable in the classroom if included in a
877	student's individual education plan. Students using
878	instructional accommodations in the classroom that are not
879	allowable as accommodations on the FCAT or an end-of-course
880	assessment may have the FCAT or end-of-course assessment
881	requirement waived pursuant to the requirements of s.
882	1003.428(8)(b) or s. 1003.43(11)(b).
883	9.7.  A student seeking an adult high school diploma must
884	meet the same testing requirements that a regular high school
885	student must meet.
886	10.8.  District school boards must provide instruction to
887	prepare students to demonstrate proficiency in the core
888	curricular content established in the Next Generation Sunshine
889	State Standards adopted under s. 1003.41, including the core
890	content knowledge and skills necessary for successful grade-to-
891	grade progression and high school graduation. If a student is
892	provided with instructional accommodations in the classroom that
893	are not allowable as accommodations in the statewide assessment
894	program, as described in the test manuals, the district must
895	inform the parent in writing and must provide the parent with
896	information regarding the impact on the student's ability to
897	meet expected performance proficiency levels in reading,
898	writing, and mathematics, and science. The commissioner shall
899	conduct studies as necessary to verify that the required core
900	curricular content is part of the district instructional
901	programs.
902	11.9.  District school boards must provide opportunities
903	for students to demonstrate an acceptable level of performance
904	on an alternative standardized assessment approved by the State
905	Board of Education following enrollment in summer academies.
906	12.10.  The Department of Education must develop, or
907	select, and implement a common battery of assessment tools that
908	will be used in all juvenile justice programs in the state.
909	These tools must accurately measure the core curricular content
910	established in the Next Generation Sunshine State Standards.
911	13.11.  For students seeking a special diploma pursuant to
912	s. 1003.438, the Department of Education must develop or select
913	and implement an alternate assessment tool that accurately
914	measures the core curricular content established in the Next
915	Generation Sunshine State Standards for students with
916	disabilities under s. 1003.438.
917	14.12.  The Commissioner of Education shall establish
918	schedules for the administration of statewide assessments and
919	the reporting of student test results. When establishing the
920	schedules for the administration of statewide assessments, the
921	commissioner shall consider the observance of religious and
922	school holidays. The commissioner shall, by August 1 of each
923	year, notify each school district in writing and publish on the
924	department's Internet website the testing and reporting
925	schedules for, at a minimum, the school year following the
926	upcoming school year. The testing and reporting schedules shall
927	require that:
928	a.  There is the latest possible administration of
929	statewide assessments and the earliest possible reporting to the
930	school districts of student test results which is feasible
931	within available technology and specific appropriations;
932	however, test results for the FCAT must be made available no
933	later than the week of June 8. Student results for end-of-course
934	assessments must be provided no later than 1 week after the
935	school district completes testing for each course final day of
936	the regular school year for students.
937	b.  Beginning with the 2010-2011 school year, FCAT a
938	comprehensive statewide assessment of Writing is not
939	administered earlier than the week of March 1 and a
940	comprehensive statewide assessment of any other subject is not
941	administered earlier than the week of April 15.
942	c.  A statewide, standardized end-of-course assessment is
943	administered during a 3-week period at the end of a year-long
944	course. The commissioner shall select a 3-week administration
945	period for assessments that meets the intent of end-of-course
946	assessments and provides student results prior to the end of the
947	course. School districts shall select one testing week within
948	the 3-week administration period for each end-of-course
949	assessment. For an end-of-course assessment administered at the
950	end of a semester-long course, the commissioner shall determine
951	the most appropriate testing dates based on a school district's
952	academic calendar within the last 2 weeks of the course.
953
954	The commissioner may, based on collaboration and input from
955	school districts, design and implement student testing programs,
956	for any grade level and subject area, necessary to effectively
957	monitor educational achievement in the state, including the
958	measurement of educational achievement of the Next Generation
959	Sunshine State Standards for students with disabilities.
960	Development and refinement of assessments shall include
961	universal design principles and accessibility standards that
962	will prevent any unintended obstacles for students with
963	disabilities while ensuring the validity and reliability of the
964	test. These principles should be applicable to all technology
965	platforms and assistive devices available for the assessments.
966	The field testing process and psychometric analyses for the
967	statewide assessment program must include an appropriate
968	percentage of students with disabilities and an evaluation or
969	determination of the effect of test items on such students.
970	(6)  SCHOOL TESTING PROGRAMS.-Each public school shall
971	participate in the statewide assessment program in accordance
972	with the testing and reporting schedules published by the
973	Commissioner of Education under subparagraph (3)(c)14.12. unless
974	specifically exempted by state board rule based on serving a
975	specialized population for which standardized testing is not
976	appropriate. Student performance data shall be analyzed and
977	reported to parents, the community, and the state. Student
978	performance data shall be used in developing objectives of the
979	school improvement plan, evaluation of instructional personnel,
980	evaluation of administrative personnel, assignment of staff,
981	allocation of resources, acquisition of instructional materials
982	and technology, performance-based budgeting, and promotion and
983	assignment of students into educational programs. The analysis
984	of student performance data also must identify strengths and
985	needs in the educational program and trends over time. The
986	analysis must be used in conjunction with the budgetary planning
987	processes developed pursuant to s. 1008.385 and the development
988	of the programs of remediation.
989	(9)  APPLICABILITY OF TESTING STANDARDS.-
990	(a)  If the Commissioner of Education revises a statewide
991	assessment and the revisions require the State Board of
992	Education to modify the assessment's performance proficiency
993	levels or modify the passing scores required for a standard high
994	school diploma, until the state board adopts the modifications
995	by rule, the commissioner shall use calculations for scoring the
996	assessment which adjust student scores on the revised assessment
997	for statistical equivalence to student scores on the former
998	assessment.
999	(b)  A student must attain the passing scores on the
1000	statewide assessment required for a standard high school diploma
1001	or for high school course credits under sub-sub-subparagraphs
1002	(3)(c)2.a.(I) and (II) which are in effect at the time the
1003	student enters grade 9 if the student's enrollment is
1004	continuous.
1005	(c)  If the commissioner revises a statewide assessment and
1006	the revisions require the State Board of Education to modify the
1007	passing scores required for a standard high school diploma or
1008	for high school course credits under sub-sub-subparagraphs
1009	(3)(c)2.a (I) and (II), the commissioner may, with approval of
1010	the state board, discontinue administration of the former
1011	assessment upon the graduation, based on normal student
1012	progression, of students participating in the final regular
1013	administration of the former assessment. The state board shall
1014	adopt by rule passing scores for the revised assessment which
1015	are statistically equivalent to passing scores on the
1016	discontinued assessment for a student required under paragraph
1017	(b) to attain passing scores on the discontinued assessment.
1018	(10)  CONCORDANT SCORES FOR THE FCAT.-
1019	(a)  The Commissioner State Board of Education shall
1020	analyze the content and concordant data sets for widely used
1021	high school achievement tests, including, but not limited to,
1022	the PSAT, PLAN, SAT, ACT, and College Placement Test, to assess
1023	if concordant scores for FCAT scores can be determined for high
1024	school graduation, college placement, and scholarship awards.
1025	When In cases where content alignment and concordant scores can
1026	be determined, the Commissioner of Education shall adopt those
1027	scores as meeting the graduation requirement in lieu of
1028	achieving the FCAT passing score and may adopt those scores as
1029	being sufficient to achieve additional purposes as determined by
1030	rule. Each time that test content or scoring procedures change
1031	for the FCAT or for a high school achievement test for which a
1032	concordant score is determined, new concordant scores must be
1033	determined. Concordant scores earned before taking the grade 10
1034	FCAT for the first time in grade 10 may not be used to satisfy
1035	the requirement in this paragraph.
1036	(b)  In order to use a concordant subject area score
1037	pursuant to this subsection to satisfy the assessment
1038	requirement for a standard high school diploma as provided in s.
1039	1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
1040	take each subject area of the grade 10 FCAT a total of three
1041	times without earning a passing score. The requirements of this
1042	paragraph shall not apply to a new student who enters the
1043	Florida public school system in grade 12, who may either achieve
1044	a passing score on the FCAT or use an approved subject area
1045	concordant score to fulfill the graduation requirement.
1046	(b)(c)  The State Board of Education may define by rule the
1047	allowable uses, other than to satisfy the high school graduation
1048	requirement, for concordant scores as described in this
1049	subsection. Such uses may include, but need not be limited to,
1050	achieving appropriate standardized test scores required for the
1051	awarding of Florida Bright Futures Scholarships and college
1052	placement.
1053	(11)  EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.-
1054	(a)  The Commissioner of Education shall analyze the
1055	content and equivalent data sets for high school achievement
1056	tests, including, but not limited to, grade 10 FCAT Mathematics
1057	retakes until such retakes are discontinued pursuant to
1058	subsection (9), the PSAT, the PLAN, the SAT, the ACT, and the
1059	College Placement Test, to assess if equivalent scores for end-
1060	of-course assessment scores can be determined for passage of an
1061	end-of-course assessment. When content alignment and equivalent
1062	scores can be determined, the Commissioner of Education shall
1063	adopt those scores as meeting the requirement to pass the end-
1064	of-course assessment and as being sufficient to achieve
1065	additional purposes as determined by rule. Each time that
1066	assessment content or scoring procedures change for an end-of-
1067	course assessment or for a high school achievement test for
1068	which an equivalent score is determined, new equivalent scores
1069	must be determined. Equivalent scores earned before taking an
1070	end-of-course assessment for the first time may not be used to
1071	satisfy the requirement in this subsection.
1072	(b)  In order to use an equivalent score pursuant to this
1073	subsection to satisfy the end-of-course assessment requirements
1074	under sub-subparagraph (3)(c)2.a., a student must have received
1075	a grade "F" in a course solely because the student failed to
1076	pass the end-of-course assessment. Use of an equivalent score
1077	adopted by the Commissioner of Education under paragraph (a) for
1078	purposes of grade adjustment, grade forgiveness, or course
1079	credit recovery is contingent upon and subject to district
1080	school board rules.
1081	Section 11.  Paragraph (a) of subsection (4) of section
1082	1008.25, Florida Statutes, is amended to read:
1083	1008.25  Public school student progression; remedial
1084	instruction; reporting requirements.-
1085	(4)  ASSESSMENT AND REMEDIATION.-
1086	(a)  Each student must participate in the statewide
1087	assessment tests required by s. 1008.22. Each student who does
1088	not meet specific levels of performance as determined by the
1089	district school board in FCAT Reading, Writing, Science, and
1090	Mathematics for each grade level, or who scores below Level 3 in
1091	FCAT Reading or FCAT Mathematics math, must be provided with
1092	additional diagnostic assessments to determine the nature of the
1093	student's difficulty, the areas of academic need, and strategies
1094	for appropriate intervention and instruction as described in
1095	paragraph (b).
1096	Section 12.  Subsection (3) of section 1008.30, Florida
1097	Statutes, is amended to read:
1098	1008.30  Common placement testing for public postsecondary
1099	education.-
1100	(3)  The State Board of Education shall adopt rules that
1101	require high schools to evaluate before the beginning of grade
1102	12 the college readiness of each student who indicates an
1103	interest in postsecondary education and scores at Level 2 or
1104	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1105	Level 3, or Level 4 on the mathematics assessments under s.
1106	1008.22(3)(c) portion of the grade 10 FCAT. High schools shall
1107	perform this evaluation using results from the corresponding
1108	component of the common placement test prescribed in this
1109	section, or an equivalent test identified by the State Board of
1110	Education. The Department of Education shall purchase or develop
1111	the assessments necessary to perform the evaluations required by
1112	this subsection and shall work with the school districts to
1113	administer the assessments. The State Board of Education shall
1114	establish by rule the minimum test scores a student must achieve
1115	to demonstrate readiness. Students who demonstrate readiness by
1116	achieving the minimum test scores established by the state board
1117	and enroll in a community college within 2 years of achieving
1118	such scores shall not be required to enroll in remediation
1119	courses as a condition of acceptance to any community college.
1120	The high school shall use the results of the test to advise the
1121	students of any identified deficiencies and to the maximum
1122	extent practicable provide 12th grade students access to
1123	appropriate remedial instruction prior to high school
1124	graduation. The remedial instruction provided under this
1125	subsection shall be a collaborative effort between secondary and
1126	postsecondary educational institutions. To the extent courses
1127	are available, the Florida Virtual School may be used to provide
1128	the remedial instruction required by this subsection.
1129	Section 13.  Paragraphs (b) and (c) of subsection (3) of
1130	section 1008.34, Florida Statutes, are amended to read:
1131	1008.34  School grading system; school report cards;
1132	district grade.-
1133	(3)  DESIGNATION OF SCHOOL GRADES.-
1134	(b)1.  A school's grade shall be based on a combination of:
1135	a.  Student achievement scores, including performance on
1136	all FCAT assessments administered under s. 1008.22(3)(c)1. and
1137	end-of-course assessments administered under s.
1138	1008.22(3)(c)2.a., and achievement scores for students seeking a
1139	special diploma.
1140	b.  Student learning gains in reading and mathematics as
1141	measured by annual FCAT and end-of-course assessments in grades
1142	3 through 10; learning gains for students seeking a special
1143	diploma, as measured by an alternate assessment tool, shall be
1144	included not later than the 2009-2010 school year.
1145	c.  Improvement of the lowest 25th percentile of students
1146	in the school in reading and, mathematics, or writing on the
1147	FCAT and end-of-course assessments, unless these students are
1148	exhibiting satisfactory performance.
1149	2.  Beginning with the 2009-2010 school year for schools
1150	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1151	11, and 12, 50 percent of the school grade shall be based on a
1152	combination of the factors listed in sub-subparagraphs 1.a.-c.
1153	and the remaining 50 percent on the following factors:
1154	a.  The high school graduation rate of the school;
1155	b.  As valid data becomes available, the performance and
1156	participation of the school's students in College Board Advanced
1157	Placement courses, International Baccalaureate courses, dual
1158	enrollment courses, and Advanced International Certificate of
1159	Education courses; and the students' achievement of national
1160	industry certifications identified in the Industry Certification
1161	Funding List, pursuant to rules adopted by the State Board of
1162	Education certification, as determined by the Agency for
1163	Workforce Innovation under s. 1003.492(2) in a career and
1164	professional academy, as described in s. 1003.493;
1165	c.  Postsecondary readiness of the school's students as
1166	measured by the SAT, ACT, or the common placement test;
1167	d.  The high school graduation rate of at-risk students who
1168	scored at Level 2 or lower on the grade 8 FCAT Reading and
1169	Mathematics examinations;
1170	e.  As valid data becomes available, the performance of the
1171	school's students on statewide, standardized end-of-course
1172	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1173	f.  The growth or decline in the components listed in sub-
1174	subparagraphs a.-e. from year to year.
1175	(c)  Student assessment data used in determining school
1176	grades shall include:
1177	1.  The aggregate scores of all eligible students enrolled
1178	in the school who have been assessed on the FCAT assessments
1179	administered under s. 1008.22(3)(c)1. and end-of-course
1180	assessments administered under s. 1008.22(3)(c)2.a.
1181	2.  The aggregate scores of all eligible students enrolled
1182	in the school who have been assessed on the FCAT and end-of-
1183	course assessments and who have scored at or in the lowest 25th
1184	percentile of students in the school in reading and,
1185	mathematics, or writing, unless these students are exhibiting
1186	satisfactory performance.
1187	3.  Effective with the 2005-2006 school year, the
1188	achievement scores and learning gains of eligible students
1189	attending alternative schools that provide dropout prevention
1190	and academic intervention services pursuant to s. 1003.53. The
1191	term "eligible students" in this subparagraph does not include
1192	students attending an alternative school who are subject to
1193	district school board policies for expulsion for repeated or
1194	serious offenses, who are in dropout retrieval programs serving
1195	students who have officially been designated as dropouts, or who
1196	are in programs operated or contracted by the Department of
1197	Juvenile Justice. The student performance data for eligible
1198	students identified in this subparagraph shall be included in
1199	the calculation of the home school's grade. As used in this
1200	section and s. 1008.341, the term "home school" means the school
1201	to which the student would be assigned if the student were not
1202	assigned to an alternative school. If an alternative school
1203	chooses to be graded under this section, student performance
1204	data for eligible students identified in this subparagraph shall
1205	not be included in the home school's grade but shall be included
1206	only in the calculation of the alternative school's grade. A
1207	school district that fails to assign the FCAT and end-of-course
1208	assessment scores of each of its students to his or her home
1209	school or to the alternative school that receives a grade shall
1210	forfeit Florida School Recognition Program funds for 1 fiscal
1211	year. School districts must require collaboration between the
1212	home school and the alternative school in order to promote
1213	student success. This collaboration must include an annual
1214	discussion between the principal of the alternative school and
1215	the principal of each student's home school concerning the most
1216	appropriate school assignment of the student.
1217	4.  Beginning with the 2009-2010 school year for schools
1218	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1219	11, and 12, the data listed in subparagraphs 1.-3. and the
1220	following data as the Department of Education determines such
1221	data are valid and available:
1222	a.  The high school graduation rate of the school as
1223	calculated by the Department of Education;
1224	b.  The participation rate of all eligible students
1225	enrolled in the school and enrolled in College Board Advanced
1226	Placement courses; International Baccalaureate courses; dual
1227	enrollment courses; Advanced International Certificate of
1228	Education courses; and courses or sequence of courses leading to
1229	national industry certifications identified in the Industry
1230	Certification Funding List, pursuant to rules adopted by the
1231	State Board of Education certification, as determined by the
1232	Agency for Workforce Innovation under s. 1003.492(2) in a
1233	and professional academy, as described in s. 1003.493;
1234	c.  The aggregate scores of all eligible students enrolled
1235	in the school in College Board Advanced Placement courses,
1236	International Baccalaureate courses, and Advanced International
1237	Certificate of Education courses;
1238	d.  Earning of college credit by all eligible students
1239	enrolled in the school in dual enrollment programs under s.
1240	1007.271;
1241	e.  Earning of national an industry certifications
1242	identified in the Industry Certification Funding List, pursuant
1243	to rules adopted by the State Board of Education certification,
1244	as determined by the Agency for Workforce Innovation under s.
1245	1003.492(2) in a career and professional academy, as described
1246	in s. 1003.493;
1247	f.  The aggregate scores of all eligible students enrolled
1248	in the school in reading, mathematics, and other subjects as
1249	measured by the SAT, the ACT, and the common placement test for
1250	postsecondary readiness;
1251	g.  The high school graduation rate of all eligible at-risk
1252	students enrolled in the school who scored at Level 2 or lower
1253	on the grade 8 FCAT Reading and Mathematics examinations;
1254	h.  The performance of the school's students on statewide,
1255	standardized end-of-course assessments administered under s.
1256	1008.22(3)(c)2.b. and c.; and
1257	i.  The growth or decline in the data components listed in
1258	sub-subparagraphs a.-h. from year to year.
1259
1260	The State Board of Education shall adopt appropriate criteria
1261	for each school grade. The criteria must also give added weight
1262	to student achievement in reading. Schools designated with a
1263	grade of "C," making satisfactory progress, shall be required to
1264	demonstrate that adequate progress has been made by students in
1265	the school who are in the lowest 25th percentile in reading and,
1266	mathematics, or writing on the FCAT and end-of-course
1267	assessments, unless these students are exhibiting satisfactory
1268	performance. Beginning with the 2009-2010 school year for
1269	schools comprised of high school grades 9, 10, 11, and 12, or
1270	grades 10, 11, and 12, the criteria for school grades must also
1271	give added weight to the graduation rate of all eligible at-risk
1272	students, as defined in this paragraph. Beginning in the 2009-
1273	2010 school year, in order for a high school to be designated as
1274	having a grade of "A," making excellent progress, the school
1275	must demonstrate that at-risk students, as defined in this
1276	paragraph, in the school are making adequate progress.
1277	Section 14.  Subsection (3) of section 1008.341, Florida
1278	Statutes, is amended to read:
1279	1008.341  School improvement rating for alternative
1280	schools.-
1281	(3)  DESIGNATION OF SCHOOL IMPROVEMENT RATING.-Student data
1282	used in determining an alternative school's school improvement
1283	rating shall include:
1284	(a)  The aggregate scores on statewide assessments
1285	administered under s. 1008.22 for of all eligible students who
1286	were assigned to and enrolled in the school during the October
1287	or February FTE count, who have been assessed on the FCAT, and
1288	who have FCAT or comparable scores for the preceding school
1289	year.
1290	(b)  The aggregate scores on statewide assessments
1291	administered under s. 1008.22 for of all eligible students who
1292	were assigned to and enrolled in the school during the October
1293	or February FTE count, who have been assessed on the FCAT and
1294	who have scored in the lowest 25th percentile of students in the
1295	state on FCAT Reading.
1296
1297	The assessment scores of students who are subject to district
1298	school board policies for expulsion for repeated or serious
1299	offenses, who are in dropout retrieval programs serving students
1300	who have officially been designated as dropouts, or who are in
1301	programs operated or contracted by the Department of Juvenile
1302	Justice may not be included in an alternative school's school
1303	improvement rating.
1304	Section 15.  Subsection (4) of section 1008.36, Florida
1305	Statutes, is amended to read:
1306	1008.36  Florida School Recognition Program.-
1307	(4)  All selected schools shall receive financial awards
1308	depending on the availability of funds appropriated and the
1309	number and size of schools selected to receive an award. Funds
1310	must be distributed to the school's fiscal agent and placed in
1311	the school's account and must be used for purposes listed in
1312	subsection (5) as determined jointly by the school's staff and
1313	school advisory council. If school staff and the school advisory
1314	council cannot reach agreement by February November 1, the
1315	awards must be equally distributed to all classroom teachers
1316	currently teaching in the school. Beginning with the 2009-2010
1317	school year, if a school selected to receive a school
1318	recognition award is no longer in existence at the time the
1319	award is paid, the district school superintendent shall
1320	determine how the school recognition funds shall be used to
1321	support the district in accordance with subsection (5).
1322
1323	Notwithstanding statutory provisions to the contrary, incentive
1324	awards are not subject to collective bargaining.
1325	Section 16.  This act shall take effect July 1, 2010.

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