CS/CS/HB 1255

1	A bill to be entitled
2	An act relating to education accountability; amending s.
3	1001.20, F.S.; deleting a provision that requires the
4	Florida Virtual School to be administratively housed
5	within the Office of Technology and Information Services
6	within the Office of the Commissioner of Education;
7	amending s. 1001.42, F.S.; revising the powers and duties
8	of district school boards relating to student access to
9	Florida Virtual School courses; creating s. 1001.421,
10	F.S.; prohibiting district school board members and their
11	relatives from soliciting or accepting certain gifts;
12	amending s. 1002.37, F.S.; conforming provisions to
13	changes made by the act; amending s. 1002.38, F.S.;
14	providing that school grades shall be based on statewide
15	assessments for purposes of the Opportunity Scholarship
16	Program; amending s. 1002.39, F.S.; providing requirements
17	for determining the end of the term of a John M. McKay
18	Scholarship; amending s. 1002.45, F.S.; revising
19	provisions relating to virtual instruction program
20	provider qualifications; amending s. 1002.66, F.S.;
21	providing an additional instructional service for children
22	with disabilities in the Voluntary Prekindergarten
23	Education Program; amending s. 1002.67, F.S.; requiring
24	that the State Board of Education periodically review and
25	revise the performance standards for the statewide
26	kindergarten screening; amending s. 1002.69, F.S.;
27	authorizing nonpublic schools to administer the statewide
28	kindergarten screening to kindergarten students who were
29	enrolled in the Voluntary Prekindergarten Education
30	Program; revising provisions relating to the minimum
31	kindergarten readiness rate and criteria for good cause
32	exemptions from meeting the requirement; requiring
33	prekindergarten enrollment screening and post-assessment
34	under certain circumstances; amending s. 1002.71, F.S.;
35	providing that a child may reenroll more than once in a
36	prekindergarten program if granted a good cause exemption;
37	amending s. 1002.73, F.S.; requiring the Department of
38	Education to adopt procedures relating to prekindergarten
39	enrollment screening, the standardized post-assessment,
40	and reporting of the results of readiness measures;
41	amending s. 1003.01, F.S.; providing an additional special
42	education service; amending s. 1003.4156, F.S.; revising
43	the general requirements for middle grades promotion;
44	providing that a student with a disability may have end-
45	of-course assessment results waived under certain
46	circumstances; providing that a middle grades student may
47	be exempt from reading remediation requirements under
48	certain circumstances; creating s. 1003.4203, F.S.;
49	authorizing each district school board to develop and
50	implement a digital curriculum for students in grades 6
51	through 12; requiring the Department of Education to
52	develop a model digital curriculum; authorizing
53	partnerships with private businesses and consultants;
54	amending s. 1003.428, F.S.; revising provisions relating
55	to the general requirements for high school graduation;
56	providing that a high school student may be exempt from
57	reading remediation requirements under certain
58	circumstances; amending s. 1003.491, F.S.; revising
59	provisions relating to the development, contents, and
60	approval of the strategic plan to address workforce needs;
61	amending s. 1003.493, F.S.; revising requirements for
62	career and professional academies and enrollment of
63	students; creating s. 1003.4935, F.S.; requiring each
64	district school board to develop a plan to implement a
65	career and professional academy in at least one middle
66	school; providing requirements for middle school career
67	and professional academies and academy courses; amending
68	s. 1003.575, F.S.; providing requirements for completion
69	of an assistive technology assessment; amending s.
70	1008.22, F.S.; revising provisions relating to the student
71	assessment program for public schools; requiring that the
72	Commissioner of Education direct school districts to
73	participate in certain international assessment programs;
74	authorizing a school principal to exempt certain students
75	from the end-of-course assessment in civics education;
76	revising provisions relating to administration and
77	reporting of results of assessments; amending s. 1008.30,
78	F.S.; revising provisions relating to evaluation of
79	college readiness and providing for postsecondary
80	preparatory instruction; requiring the State Board of
81	Education to adopt certain rules; amending s. 1008.33,
82	F.S.; revising provisions relating to public school
83	improvement; requiring the Department of Education to
84	categorize public schools based on a school's grade that
85	relies on statewide assessments; amending s. 1008.34,
86	F.S.; revising the basis for the designation of school
87	grades; including achievement scores and learning gains
88	for students who are hospital or homebound; amending s.
89	1011.01, F.S.; revising provisions relating to the annual
90	operating budgets of district school boards and Florida
91	College System institution boards of trustees; amending s.
92	1011.03, F.S.; revising provisions relating to adopted
93	district school board budgets; creating s. 1011.035, F.S.;
94	requiring each school district to post budgetary
95	information on its website; amending s. 1011.62, F.S.;
96	revising provisions relating to the funding model for
97	exceptional student education programs; requiring the
98	Department of Education to revise the descriptions of
99	services and to implement the revisions; amending s.
100	1012.39, F.S.; revising provisions relating to the
101	qualifications for nondegreed teachers of career
102	education; providing effective dates.
103
104	Be It Enacted by the Legislature of the State of Florida:
105
106	Section 1.  Paragraph (a) of subsection (4) of section
107	1001.20, Florida Statutes, is amended to read:
108	1001.20  Department under direction of state board.-
109	(4)  The Department of Education shall establish the
110	following offices within the Office of the Commissioner of
111	Education which shall coordinate their activities with all other
112	divisions and offices:
113	(a)  Office of Technology and Information Services.-
114	Responsible for developing a systemwide technology plan, making
115	budget recommendations to the commissioner, providing data
116	collection and management for the system, assisting school
117	districts in securing Internet access and telecommunications
118	services, including those eligible for funding under the Schools
119	and Libraries Program of the federal Universal Service Fund, and
120	coordinating services with other state, local, and private
121	agencies. The office shall develop a method to address the need
122	for a statewide approach to planning and operations of library
123	and information services to achieve a single K-20 education
124	system library information portal and a unified higher education
125	library management system. The Florida Virtual School shall be
126	administratively housed within the office.
127	Section 2.  Subsection (23) of section 1001.42, Florida
128	Statutes, is amended to read:
129	1001.42  Powers and duties of district school board.-The
130	district school board, acting as a board, shall exercise all
131	powers and perform all duties listed below:
132	(23)  FLORIDA VIRTUAL SCHOOL.-Provide students with access
133	to enroll in courses available through the Florida Virtual
134	School and award credit for successful completion of such
135	courses. Access shall be available to students during and or
136	after the normal school day and through summer school
137	enrollment.
138	Section 3.  Section 1001.421, Florida Statutes, is created
139	to read:
140	1001.421  Gifts.-Notwithstanding any other provision of law
141	to the contrary, district school board members and their
142	relatives, as defined in s. 112.312(21), may not directly or
143	indirectly solicit any gift, or directly or indirectly accept
144	any gift in excess of $50, from any person, vendor, potential
145	vendor, or other entity doing business with the school district.
146	The term "gift" has the same meaning as in s. 112.312(12).
147	Section 4.  Paragraph (a) of subsection (1) of section
148	1002.37, Florida Statutes, is amended to read:
149	1002.37  The Florida Virtual School.-
150	(1)(a)  The Florida Virtual School is established for the
151	development and delivery of online and distance learning
152	education and shall be administratively housed within the
153	Commissioner of Education's Office of Technology and Information
154	Services. The Commissioner of Education shall monitor the
155	school's performance and report its performance to the State
156	Board of Education and the Legislature.
157
158	The board of trustees of the Florida Virtual School shall
159	identify appropriate performance measures and standards based on
160	student achievement that reflect the school's statutory mission
161	and priorities, and shall implement an accountability system for
162	the school that includes assessment of its effectiveness and
163	efficiency in providing quality services that encourage high
164	student achievement, seamless articulation, and maximum access.
165	Section 5.  Subsection (2) and paragraph (a) of subsection
166	(3) of section 1002.38, Florida Statutes, are amended to read:
167	1002.38  Opportunity Scholarship Program.-
168	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-For purposes of
169	this section, a school's grade shall be based upon statewide
170	assessments administered pursuant to s. 1008.22. A public school
171	student's parent may request and receive from the state an
172	opportunity scholarship for the student to enroll in and attend
173	a private school in accordance with the provisions of this
174	section if:
175	(a)1.  By assigned school attendance area or by special
176	assignment, the student has spent the prior school year in
177	attendance at a public school that has been designated pursuant
178	to s. 1008.34 as performance grade category "F," failing to make
179	adequate progress, and that has had 2 school years in a 4-year
180	period of such low performance, and the student's attendance
181	occurred during a school year in which such designation was in
182	effect;
183	2.  The student has been in attendance elsewhere in the
184	public school system and has been assigned to such school for
185	the next school year; or
186	3.  The student is entering kindergarten or first grade and
187	has been notified that the student has been assigned to such
188	school for the next school year.
189	(b)  The parent has obtained acceptance for admission of
190	the student to a private school eligible for the program
191	pursuant to subsection (4), and has notified the Department of
192	Education and the school district of the request for an
193	opportunity scholarship no later than July 1 of the first year
194	in which the student intends to use the scholarship.
195
196	The provisions of this section shall not apply to a student who
197	is enrolled in a school operating for the purpose of providing
198	educational services to youth in Department of Juvenile Justice
199	commitment programs. For purposes of continuity of educational
200	choice, the opportunity scholarship shall remain in force until
201	the student returns to a public school or, if the student
202	chooses to attend a private school the highest grade of which is
203	grade 8, until the student matriculates to high school and the
204	public high school to which the student is assigned is an
205	accredited school with a performance grade category designation
206	of "C" or better. However, at any time upon reasonable notice to
207	the Department of Education and the school district, the
208	student's parent may remove the student from the private school
209	and place the student in a public school, as provided in
210	subparagraph (3)(a)2.
211	(3)  SCHOOL DISTRICT OBLIGATIONS.-
212	(a)  A school district shall, for each student enrolled in
213	or assigned to a school that has been designated as performance
214	grade category "F" for 2 school years in a 4-year period:
215	1.  Timely notify the parent of the student as soon as such
216	designation is made of all options available pursuant to this
217	section.
218	2.  Offer that student's parent an opportunity to enroll
219	the student in the public school within the district that has
220	been designated by the state pursuant to s. 1008.34 as a school
221	performing higher than that in which the student is currently
222	enrolled or to which the student has been assigned, but not less
223	than performance grade category "C." The parent is not required
224	to accept this offer in lieu of requesting a state opportunity
225	scholarship to a private school. The opportunity to continue
226	attending the higher performing public school shall remain in
227	force until the student graduates from high school.
228	Section 6.  Paragraph (a) of subsection (4) of section
229	1002.39, Florida Statutes, is amended to read:
230	1002.39  The John M. McKay Scholarships for Students with
231	Disabilities Program.-There is established a program that is
232	separate and distinct from the Opportunity Scholarship Program
233	and is named the John M. McKay Scholarships for Students with
234	Disabilities Program.
235	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.-
236	(a)  For purposes of continuity of educational choice, a
237	John M. McKay Scholarship shall remain in force until the
238	student returns to a public school, graduates from high school,
239	or reaches the age of 22, whichever occurs first. A scholarship
240	student who enrolls in a public school or public school program
241	is considered to have returned to a public school for the
242	purpose of determining the end of the scholarship's term.
243	However, if a student enters a Department of Juvenile Justice
244	detention center for a period of no more than 21 days, the
245	student is not considered to have returned to a public school
246	for that purpose.
247	Section 7.  Paragraph (b) of subsection (2) of section
248	1002.45, Florida Statutes, is amended to read:
249	1002.45  School district virtual instruction programs.-
250	(2)  PROVIDER QUALIFICATIONS.-
251	(b)  An approved provider shall retain its approved status
252	during the 3 school years for a period of 3 years after the date
253	of the department's approval under paragraph (a) as long as the
254	provider continues to comply with all requirements of this
255	section.
256	Section 8.  Paragraph (e) is added to subsection (2) of
257	section 1002.66, Florida Statutes, to read:
258	1002.66  Specialized instructional services for children
259	with disabilities.-
260	(2)  The parent of a child who is eligible for the
261	prekindergarten program for children with disabilities may
262	select one or more specialized instructional services that are
263	consistent with the child's individual educational plan. These
264	specialized instructional services may include, but are not
265	limited to:
266	(e)  Listening and Spoken Language specialists for any
267	child who is deaf or hard of hearing and has received an implant
268	or assistive hearing device.
269	Section 9.  Subsection (1) and paragraph (c) of subsection
270	(3) of section 1002.67, Florida Statutes, are amended to read:
271	1002.67  Performance standards; curricula and
272	accountability.-
273	(1)(a)  By April 1, 2005, the department shall develop and
274	adopt performance standards for students in the Voluntary
275	Prekindergarten Education Program. The performance standards
276	must address the age-appropriate progress of students in the
277	development of:
278	1.(a)  The capabilities, capacities, and skills required
279	under s. 1(b), Art. IX of the State Constitution; and
280	2.(b)  Emergent literacy skills, including oral
281	communication, knowledge of print and letters, phonemic and
282	phonological awareness, and vocabulary and comprehension
283	development.
284	(b)  The State Board of Education shall periodically review
285	and revise the performance standards for the statewide
286	kindergarten screening administered under s. 1002.69 and align
287	the standards to the standards established by the state board
288	for student performance on the statewide assessments
289	administered pursuant to s. 1008.22.
290	(3)
291	(c)1.  If the kindergarten readiness rate of a private
292	prekindergarten provider or public school falls below the
293	minimum rate adopted by the State Board of Education as
294	satisfactory under s. 1002.69(6), the early learning coalition
295	or school district, as applicable, shall require the provider or
296	school to submit an improvement plan for approval by the
297	coalition or school district, as applicable, and to implement
298	the plan.
299	2.  If a private prekindergarten provider or public school
300	fails to meet the minimum rate adopted by the State Board of
301	Education as satisfactory under s. 1002.69(6) for 2 consecutive
302	years, the early learning coalition or school district, as
303	applicable, shall place the provider or school on probation and
304	must require the provider or school to take certain corrective
305	actions, including the use of a curriculum approved by the
306	department under paragraph (2)(c).
307	3.  A private prekindergarten provider or public school
308	that is placed on probation must continue the corrective actions
309	required under subparagraph 2., including the use of a
310	curriculum approved by the department, until the provider or
311	school meets the minimum rate adopted by the State Board of
312	Education as satisfactory under s. 1002.69(6).
313	4.  If a private prekindergarten provider or public school
314	remains on probation for 2 consecutive years and fails to meet
315	the minimum rate adopted by the State Board of Education as
316	satisfactory under s. 1002.69(6) and is not granted a good cause
317	exemption by the department pursuant to s. 1002.69(7), the
318	Agency for Workforce Innovation shall require the early learning
319	coalition or the Department of Education shall require the
320	school district to remove, as applicable, the provider or school
321	from eligibility to deliver the Voluntary Prekindergarten
322	Education Program and receive state funds for the program.
323	Section 10.  Subsections (1), (5), and (6) and paragraphs
324	(b) and (c) of subsection (7) of section 1002.69, Florida
325	Statutes, are amended to read:
326	1002.69  Statewide kindergarten screening; kindergarten
327	readiness rates; state-approved prekindergarten enrollment
328	screening; good cause exemption.-
329	(1)  The department shall adopt a statewide kindergarten
330	screening that assesses the readiness of each student for
331	kindergarten based upon the performance standards adopted by the
332	department under s. 1002.67(1) for the Voluntary Prekindergarten
333	Education Program. The department shall require that each school
334	district administer the statewide kindergarten screening to each
335	kindergarten student in the school district within the first 30
336	school days of each school year. Nonpublic schools may
337	administer the statewide kindergarten screening to each
338	kindergarten student in a nonpublic school who was enrolled in
339	the Voluntary Prekindergarten Education Program.
340	(5)  The State Board of Education shall adopt procedures
341	for the department to annually calculate each private
342	prekindergarten provider's and public school's kindergarten
343	readiness rate, which must be expressed as the percentage of the
344	provider's or school's students who are assessed as ready for
345	kindergarten. The kindergarten readiness rates must be based
346	exclusively upon the results of the statewide kindergarten
347	screening for students completing the Voluntary Prekindergarten
348	Education Program, beginning with students completing the
349	program during the 2005-2006 school year who are administered
350	the statewide kindergarten screening during the 2006-2007 school
351	year. The methodology for calculating each provider's
352	kindergarten readiness rate must include the percentage of
353	students who meet all state readiness measures. The rates must
354	not include students who are not administered the statewide
355	kindergarten screening.
356	(6)(a)  The State Board of Education shall periodically
357	adopt a minimum kindergarten readiness rate that, if achieved by
358	a private prekindergarten provider or public school, would
359	demonstrate the provider's or school's satisfactory delivery of
360	the Voluntary Prekindergarten Education Program.
361	(b)  The minimum rate must not exceed the rate at which
362	more than 15 percent of the kindergarten readiness rates of all
363	private prekindergarten providers and public schools delivering
364	the Voluntary Prekindergarten Education Program in the state
365	would fall below the minimum rate.
366	(7)
367	(b)  A private prekindergarten provider's or public
368	school's request for a good cause exemption, or renewal of such
369	an exemption, must be submitted to the state board in the manner
370	and within the timeframes prescribed by the state board and must
371	include the following:
372	1.  Submission of data by the private prekindergarten
373	provider or public school which documents on a standardized
374	assessment the achievement and progress of the children served
375	as measured by the state-approved prekindergarten enrollment
376	screening and the standardized post-assessment approved by the
377	department pursuant to subparagraph (c)1.
378	2.  Submission and review of data available from the
379	respective early learning coalition or district school board,
380	the Department of Children and Family Services, local licensing
381	authority, or an accrediting association, as applicable,
382	relating to the private prekindergarten provider's or public
383	school's compliance with state and local health and safety
384	standards.
385	3.  Submission and review of data available to the
386	department on the performance of the children served and the
387	calculation of the private prekindergarten provider's or public
388	school's kindergarten readiness rate.
389	(c)  The State Board of Education shall adopt criteria for
390	granting good cause exemptions. Such criteria shall include, but
391	are not limited to:
392	1.  Learning gains of children served in the Voluntary
393	Prekindergarten Education Program by the private prekindergarten
394	provider or public school. A provider seeking a good cause
395	exemption shall have the early learning coalition or a
396	department-approved second party administer the state-approved
397	prekindergarten enrollment screening to each child in the
398	prekindergarten provider's program within the first 30 days of
399	each school year for which a good cause exemption is sought, and
400	the provider shall administer the standardized post-assessment
401	approved by the department to measure the student's learning
402	gains for the year or summer, as appropriate. All data must be
403	submitted to the department within 30 days after the
404	administration of each assessment. Each parent who enrolls his
405	or her child in a Voluntary Prekindergarten Education Program
406	offered by a provider seeking a good cause exemption must submit
407	the child for the state-approved prekindergarten enrollment
408	screening.
409	2.  Verification that the private prekindergarten provider
410	or public school serves at least twice the statewide percentage
411	of children with disabilities as defined in s. 1003.01(3)(a) or
412	children identified as limited English proficient as defined in
413	s. 1003.56.
414	2.3.  Verification that local and state health and safety
415	requirements are met.
416	Section 11.  Subsection (4) of section 1002.71, Florida
417	Statutes, is amended to read:
418	1002.71  Funding; financial and attendance reporting.-
419	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
420	(a)  A child who, for any of the prekindergarten programs
421	listed in s. 1002.53(3), has not completed more than 70 percent
422	of the hours authorized to be reported for funding under
423	subsection (2), or has not expended more than 70 percent of the
424	funds authorized for the child under s. 1002.66, may withdraw
425	from the program for good cause and reenroll in one of the
426	programs. The total funding for a child who reenrolls in one of
427	the programs for good cause may not exceed one full-time
428	equivalent student. Funding for a child who withdraws and
429	reenrolls in one of the programs for good cause shall be issued
430	in accordance with the agency's uniform attendance policy
431	adopted pursuant to paragraph (6)(d).
432	(b)  A child who has not substantially completed any of the
433	prekindergarten programs listed in s. 1002.53(3) may withdraw
434	from the program due to an extreme hardship that is beyond the
435	child's or parent's control, reenroll in one of the summer
436	programs, and be reported for funding purposes as a full-time
437	equivalent student in the summer program for which the child is
438	reenrolled.
439
440	A child may reenroll only once in a prekindergarten program
441	under this section. A child who reenrolls in a prekindergarten
442	program under this subsection may not subsequently withdraw from
443	the program and reenroll, unless the child is granted a good
444	cause exemption under this subsection. The Agency for Workforce
445	Innovation shall establish criteria specifying whether a good
446	cause exists for a child to withdraw from a program under
447	paragraph (a), whether a child has substantially completed a
448	program under paragraph (b), and whether an extreme hardship
449	exists which is beyond the child's or parent's control under
450	paragraph (b).
451	Section 12.  Subsection (2) of section 1002.73, Florida
452	Statutes, is amended to read:
453	1002.73  Department of Education; powers and duties;
454	accountability requirements.-
455	(2)  The department shall adopt procedures for its:
456	(a)  Approval of prekindergarten director credentials under
457	ss. 1002.55 and 1002.57.
458	(b)  Approval of emergent literacy training courses under
459	ss. 1002.55 and 1002.59.
460	(c)  Administration of the statewide kindergarten screening
461	and calculation of kindergarten readiness rates under s.
462	1002.69.
463	(d)  Implementation of, and determination of costs
464	associated with, the state-approved prekindergarten enrollment
465	screening and the standardized post-assessment approved by the
466	department and determination of the learning gains of students
467	who complete the state-approved prekindergarten enrollment
468	screening and the standardized post-assessment approved by the
469	department.
470	(e)(d)  Approval of specialized instructional services
471	providers under s. 1002.66.
472	(f)  Annual reporting of the percentage of kindergarten
473	students who meet all state readiness measures.
474	(g)(e)  Granting of a private prekindergarten provider's or
475	public school's request for a good cause exemption under s.
476	1002.69(7).
477	Section 13.  Paragraph (b) of subsection (3) of section
478	1003.01, Florida Statutes, is amended to read:
479	1003.01  Definitions.-As used in this chapter, the term:
480	(3)
481	(b)  "Special education services" means specially designed
482	instruction and such related services as are necessary for an
483	exceptional student to benefit from education. Such services may
484	include: transportation; diagnostic and evaluation services;
485	social services; physical and occupational therapy; speech and
486	language pathology services; job placement; orientation and
487	mobility training; braillists, typists, and readers for the
488	blind; interpreters and auditory amplification; services
489	provided by a certified Listening and Spoken Language
490	specialist; rehabilitation counseling; transition services;
491	mental health services; guidance and career counseling;
492	specified materials, assistive technology devices, and other
493	specialized equipment; and other such services as approved by
494	rules of the state board.
495	Section 14.  Subsection (1) of section 1003.4156, Florida
496	Statutes, is amended to read:
497	1003.4156  General requirements for middle grades
498	promotion.-
499	(1)  Beginning with students entering grade 6 in the 2006-
500	2007 school year, Promotion from a school composed of middle
501	grades 6, 7, and 8 requires that:
502	(a)  The student must successfully complete academic
503	courses as follows:
504	1.  Three middle school or higher courses in English. These
505	courses shall emphasize literature, composition, and technical
506	text.
507	2.  Three middle school or higher courses in mathematics.
508	Each middle school must offer at least one high school level
509	mathematics course for which students may earn high school
510	credit. Successful completion of a high school level Algebra I
511	or geometry course is not contingent upon the student's
512	performance on the end-of-course assessment required under s.
513	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
514	school year, to earn high school credit for an Algebra I course,
515	a middle school student must pass the Algebra I end-of-course
516	assessment, and beginning with the 2012-2013 school year, to
517	earn high school credit for a geometry course, a middle school
518	student must pass the geometry end-of-course assessment.
519	3.  Three middle school or higher courses in social
520	studies, one semester of which must include the study of state
521	and federal government and civics education. Beginning with
522	students entering grade 6 in the 2012-2013 school year, one of
523	these courses must be at least a one-semester civics education
524	course that a student successfully completes in accordance with
525	s. 1008.22(3)(c) and that includes the roles and
526	responsibilities of federal, state, and local governments; the
527	structures and functions of the legislative, executive, and
528	judicial branches of government; and the meaning and
529	significance of historic documents, such as the Articles of
530	Confederation, the Declaration of Independence, and the
531	Constitution of the United States.
532	4.  Three middle school or higher courses in science.
533	Successful completion of a high school level Biology I course is
534	not contingent upon the student's performance on the end-of-
535	course assessment required under s. 1008.22(3)(c)2.a.(II).
536	However, beginning with the 2012-2013 school year, to earn high
537	school credit for a Biology I course, a middle school student
538	must pass the Biology I end-of-course assessment.
539	5.  One course in career and education planning to be
540	completed in 7th or 8th grade. The course may be taught by any
541	member of the instructional staff; must include career
542	exploration using Florida CHOICES or a comparable cost-effective
543	program; must include educational planning using the online
544	student advising system known as Florida Academic Counseling and
545	Tracking for Students at the Internet website FACTS.org; and
546	shall result in the completion of a personalized academic and
547	career plan. The required personalized academic and career plan
548	must inform students of high school graduation requirements,
549	high school assessment and college entrance test requirements,
550	Florida Bright Futures Scholarship Program requirements, state
551	university and Florida college admission requirements, and
552	programs through which a high school student can earn college
553	credit, including Advanced Placement, International
554	Baccalaureate, Advanced International Certificate of Education,
555	dual enrollment, career academy opportunities, and courses that
556	lead to national industry certification.
557
558	A student with a disability, as defined in s. 1007.02(2), for
559	whom the individual education plan team determines that an end-
560	of-course assessment cannot accurately measure the student's
561	abilities, taking into consideration all allowable
562	accommodations, shall have the end-of-course assessment results
563	waived for purposes of determining the student's course grade
564	and completing the requirements for middle grades promotion.
565	Each school must hold a parent meeting either in the evening or
566	on a weekend to inform parents about the course curriculum and
567	activities. Each student shall complete an electronic personal
568	education plan that must be signed by the student; the student's
569	instructor, guidance counselor, or academic advisor; and the
570	student's parent. The Department of Education shall develop
571	course frameworks and professional development materials for the
572	career exploration and education planning course. The course may
573	be implemented as a stand-alone course or integrated into
574	another course or courses. The Commissioner of Education shall
575	collect longitudinal high school course enrollment data by
576	student ethnicity in order to analyze course-taking patterns.
577	(b)  For each year in which a student scores at Level l on
578	FCAT Reading, the student must be enrolled in and complete an
579	intensive reading course the following year. Placement of Level
580	2 readers in either an intensive reading course or a content
581	area course in which reading strategies are delivered shall be
582	determined by diagnosis of reading needs. The department shall
583	provide guidance on appropriate strategies for diagnosing and
584	meeting the varying instructional needs of students reading
585	below grade level. Reading courses shall be designed and offered
586	pursuant to the comprehensive reading plan required by s.
587	1011.62(9). A middle grades student who scores at Level 1 or
588	Level 2 on FCAT Reading but who did not score below Level 3 in
589	the previous 3 years may be granted a 1-year exemption from the
590	reading remediation requirement; however, the student must have
591	an approved academic improvement plan already in place, signed
592	by the appropriate school staff and the student's parent, for
593	the year for which the exemption is granted.
594	(c)  For each year in which a student scores at Level 1 or
595	Level 2 on FCAT Mathematics, the student must receive
596	remediation the following year, which may be integrated into the
597	student's required mathematics course.
598	Section 15.  Section 1003.4203, Florida Statutes, is
599	created to read:
600	1003.4203  Digital curriculum.-
601	(1)  Each district school board, in consultation with the
602	district school superintendent, may develop and implement a
603	digital curriculum for students in grades 6 through 12 to enable
604	students to attain competencies in web communications and web
605	design. A digital curriculum may include web-based skills, web-
606	based core technologies, web design, use of digital technologies
607	and markup language to evidence competency in computer skills,
608	and use of web-based core technologies to design creative,
609	informational, and content standards for web-based digital
610	products that demonstrate proficiency in creating, publishing,
611	testing, monitoring, and maintaining a website.
612	(2)  The digital curriculum instruction may be integrated
613	into middle school and high school subject area curricula or
614	offered as a separate course, subject to available funding.
615	(3)  The Department of Education shall develop a model
616	digital curriculum to serve as a guide for district school
617	boards in the development of a digital curriculum.
618	(4)  A district school board may seek partnerships with
619	private businesses and consultants to offer classes and
620	instruction to teachers and students to assist the school
621	district in providing digital curriculum instruction.
622	Section 16.  Paragraph (b) of subsection (2) of section
623	1003.428, Florida Statutes, is amended to read:
624	1003.428  General requirements for high school graduation;
625	revised.-
626	(2)  The 24 credits may be earned through applied,
627	integrated, and combined courses approved by the Department of
628	Education. The 24 credits shall be distributed as follows:
629	(b)  Eight credits in electives.
630	1.  For each year in which a student scores at Level 1 on
631	FCAT Reading, the student must be enrolled in and complete an
632	intensive reading course the following year. Placement of Level
633	2 readers in either an intensive reading course or a content
634	area course in which reading strategies are delivered shall be
635	determined by diagnosis of reading needs. The department shall
636	provide guidance on appropriate strategies for diagnosing and
637	meeting the varying instructional needs of students reading
638	below grade level. Reading courses shall be designed and offered
639	pursuant to the comprehensive reading plan required by s.
640	1011.62(9). A high school student who scores at Level 1 or Level
641	2 on FCAT Reading but who did not score below Level 3 in the
642	previous 3 years may be granted a 1-year exemption from the
643	reading remediation requirement; however, the student must have
644	an approved academic improvement plan already in place, signed
645	by the appropriate school staff and the student's parent, for
646	the year for which the exemption is granted.
647	2.  For each year in which a student scores at Level 1 or
648	Level 2 on FCAT Mathematics, the student must receive
649	remediation the following year. These courses may be taught
650	through applied, integrated, or combined courses and are subject
651	to approval by the department for inclusion in the Course Code
652	Directory.
653	Section 17.  Subsections (2), (3), and (5) of section
654	1003.491, Florida Statutes, are amended to read:
655	1003.491  Florida Career and Professional Education Act.-
656	The Florida Career and Professional Education Act is created to
657	provide a statewide planning partnership between the business
658	and education communities in order to attract, expand, and
659	retain targeted, high-value industry and to sustain a strong,
660	knowledge-based economy.
661	(2)  Beginning with the 2007-2008 school year, Each
662	district school board shall develop, in collaboration with
663	regional local workforce boards, economic development agencies,
664	and postsecondary institutions approved to operate in the state,
665	a strategic 5-year plan to address and meet local and regional
666	workforce demands. If involvement of a regional the local
667	workforce board or an economic development agency in the
668	strategic plan development is not feasible, the local school
669	board, with the approval of the Agency for Workforce Innovation,
670	shall collaborate with the most appropriate regional local
671	business leadership board. Two or more school districts may
672	collaborate in the development of the strategic plan and offer a
673	career and professional academy as a joint venture. The
674	strategic plan Such plans must describe in detail provisions for
675	the efficient transportation of students, the maximum use of
676	shared resources, and access to courses aligned to state
677	curriculum standards through virtual education providers
678	legislatively authorized to provide part-time instruction to
679	middle school students, and an objective review of career and
680	professional academy courses to determine if the courses will
681	lead to the attainment of industry certifications included on
682	the Industry Certified Funding List pursuant to rules adopted by
683	the State Board of Education the Florida Virtual School when
684	appropriate. Each strategic plan shall be reviewed, updated, and
685	jointly approved every 5 years by the local school district,
686	regional workforce boards, economic development agencies, and
687	state-approved postsecondary institutions completed no later
688	than June 30, 2008, and shall include provisions to have in
689	place at least one operational career and professional academy,
690	pursuant to s. 1003.492, no later than the beginning of the
691	2008-2009 school year.
692	(3)  The strategic 5-year plan developed jointly by between
693	the local school district, regional local workforce boards,
694	economic development agencies, and state-approved postsecondary
695	institutions shall be constructed and based on:
696	(a)  Research conducted to objectively determine local and
697	regional workforce needs for the ensuing 5 years, using labor
698	projections of the United States Department of Labor and the
699	Agency for Workforce Innovation;
700	(b)  Strategies to develop and implement career academies
701	based on those careers determined to be in high demand;
702	(c)  Maximum use of private sector facilities and
703	personnel;
704	(d)  Strategies that ensure instruction by industry-
705	certified faculty and standards and strategies to maintain
706	current industry credentials and for recruiting and retaining
707	faculty to meet those standards;
708	(e)  Alignment of to requirements for middle school career
709	exploration, middle and high school career and professional
710	academies leading to industry certification, and high school
711	graduation requirements redesign;
712	(f)  Provisions to ensure that courses offered through
713	career and professional academies are academically rigorous,
714	meet or exceed appropriate state-adopted subject area standards,
715	result in attainment of industry certification, and, when
716	appropriate, result in postsecondary credit;
717	(g)  Strategies to improve the passage rate for industry
718	certification examinations if the rate falls below 50 percent;
719	(h)(g)  Establishment of student eligibility criteria in
720	career and professional academies which include opportunities
721	for students who have been unsuccessful in traditional
722	classrooms but who show aptitude to participate in academies.
723	School boards shall address the analysis of eighth grade student
724	achievement data to provide opportunities for students who may
725	be deemed as potential dropouts to participate in career and
726	professional academies;
727	(i)(h)  Strategies to provide sufficient space within
728	academies to meet workforce needs and to provide access to all
729	interested and qualified students;
730	(j)(i)  Strategies to implement engage Department of
731	Juvenile Justice students in career and professional academy
732	training that leads to industry certification at Department of
733	Juvenile Justice facilities;
734	(k)(j)  Opportunities for high school students to earn
735	weighted or dual enrollment credit for higher-level career and
736	technical courses;
737	(l)(k)  Promotion of the benefits of the Gold Seal Bright
738	Futures Scholarship;
739	(m)(l)  Strategies to ensure the review of district pupil-
740	progression plans and to amend such plans to include career and
741	professional courses and to include courses that may qualify as
742	substitute courses for core graduation requirements and those
743	that may be counted as elective courses; and
744	(n)(m)  Strategies to provide professional development for
745	secondary guidance counselors on the benefits of career and
746	professional academies.
747	(5)  The submission and review of newly proposed core
748	courses shall be conducted electronically, and each proposed
749	core course shall be approved or denied within 60 days. All
750	courses approved as core courses for purposes of middle school
751	promotion and high school graduation purposes shall be
752	immediately added to the Course Code Directory. Approved core
753	courses shall also be reviewed and considered for approval for
754	dual enrollment credit. The Board of Governors and the
755	Commissioner of Education shall jointly recommend an annual
756	deadline for approval of new core courses to be included for
757	purposes of postsecondary admissions and dual enrollment credit
758	the following academic year. The State Board of Education shall
759	establish an appeals process in the event that a proposed course
760	is denied which shall require a consensus ruling by the Agency
761	for Workforce Innovation and the Commissioner of Education
762	within 15 days. The curriculum review committee must be
763	established and operational no later than September 1, 2007.
764	Section 18.  Subsections (2), (4), (5), and (6) of section
765	1003.493, Florida Statutes, are amended to read:
766	1003.493  Career and professional academies.-
767	(2)  The goals of a career and professional academy are to:
768	(a)  Increase student academic achievement and graduation
769	rates through integrated academic and career curricula.
770	(b)  Prepare graduating high school students to make
771	appropriate choices relative to employment and future
772	educational experiences.
773	(c)  Focus on career preparation through rigorous academics
774	and industry certification.
775	(d)  Raise student aspiration and commitment to academic
776	achievement and work ethics through relevant coursework.
777	(e)  Support graduation requirements pursuant to s.
778	1003.428 by providing creative, applied major areas of interest.
779	(e)(f)  Promote acceleration mechanisms, such as dual
780	enrollment, articulated credit, or occupational completion
781	points, so that students may earn postsecondary credit while in
782	high school.
783	(f)(g)  Support the state's economy by meeting industry
784	needs for skilled employees in high-demand occupations.
785	(4)  Each career and professional academy must:
786	(a)  Provide a rigorous standards-based academic curriculum
787	integrated with a career curriculum. The curriculum must take
788	into consideration multiple styles of student learning; promote
789	learning by doing through application and adaptation; maximize
790	relevance of the subject matter; enhance each student's capacity
791	to excel; and include an emphasis on work habits and work
792	ethics.
793	(b)  Include one or more partnerships with postsecondary
794	institutions, businesses, industry, employers, economic
795	development organizations, or other appropriate partners from
796	the local community. Such partnerships shall be delineated in
797	articulation agreements to provide for career-based courses that
798	earn postsecondary credit. Such agreements may include
799	articulation between the academy and public or private 2-year
800	and 4-year postsecondary institutions and technical centers. The
801	Department of Education, in consultation with the Board of
802	Governors, shall establish a mechanism to ensure articulation
803	and transfer of credits to postsecondary institutions in this
804	state. Such partnerships must provide opportunities for:
805	1.  Instruction from highly skilled professionals who
806	possess industry-certification credentials for courses they are
807	teaching.
808	2.  Internships, externships, and on-the-job training.
809	3.  A postsecondary degree, diploma, or certificate.
810	4.  The highest available level of industry certification.
811	5.  Maximum articulation of credits pursuant to s. 1007.23
812	upon program completion.
813	(c)  Provide shared, maximum use of private sector
814	facilities and personnel.
815	(d)  Provide personalized student advisement, including a
816	parent-participation component, and coordination with middle
817	schools to promote and support career exploration and education
818	planning as required under s. 1003.4156. Coordination with
819	middle schools must provide information to middle school
820	students about secondary and postsecondary career education
821	programs and academies.
822	(e)  Promote and provide opportunities for career and
823	professional academy students to attain, at minimum, the Florida
824	Gold Seal Vocational Scholars award pursuant to s. 1009.536.
825	(f)  Provide instruction in careers designated as high
826	growth, high demand, and high pay by the regional local
827	workforce development board, the chamber of commerce, economic
828	development agencies, or the Agency for Workforce Innovation.
829	(g)  Deliver academic content through instruction relevant
830	to the career, including intensive reading and mathematics
831	intervention required by s. 1003.428, with an emphasis on
832	strengthening reading for information skills.
833	(h)  Offer applied courses that combine academic content
834	with technical skills.
835	(i)  Provide instruction resulting in competency,
836	certification, or credentials in workplace skills, including,
837	but not limited to, communication skills, interpersonal skills,
838	decisionmaking skills, the importance of attendance and
839	timeliness in the work environment, and work ethics.
840	(j)  Provide opportunities for students to obtain the
841	Florida Ready to Work Certification pursuant to s. 1004.99.
842	(k)  Include an evaluation plan developed jointly with the
843	Department of Education and the local workforce board. The
844	evaluation plan must include an assessment tool based on
845	national industry standards, such as the Career Academy National
846	Standards of Practice, and outcome measures, including, but not
847	limited to, achievement of national industry certifications
848	identified in the Industry Certification Funding List, pursuant
849	to rules adopted by the State Board of Education, graduation
850	rates, enrollment in postsecondary education, business and
851	industry satisfaction, employment and earnings, awards of
852	postsecondary credit and scholarships, and student achievement
853	levels and learning gains on statewide assessments administered
854	under s. 1008.22(3)(c). The Department of Education shall use
855	Workforce Florida, Inc., and Enterprise Florida, Inc., in
856	identifying industry experts to participate in developing and
857	implementing such assessments.
858	(k)(l)  Include a plan to sustain career and professional
859	academies.
860	(l)(m)  Redirect appropriated career funding to career and
861	professional academies.
862	(5)  All career courses offered in a career and
863	professional academy must lead to industry certification or
864	college credit linked directly to the career theme of the
865	course. If the passage rate on an industry certification
866	examination that is associated with the career and professional
867	academy falls below 50 percent, the academy must discontinue
868	enrollment of new students the following school year and each
869	year thereafter until such time as the passage rate is above 50
870	percent or the academy is discontinued. At least 50 percent of
871	students enrolled in a career course must achieve industry
872	certifications or college credits during the second year the
873	course is offered in order for the course to be offered a third
874	year. At least 66 percent of students enrolled in such a course
875	must achieve industry certifications or college credits during
876	the third year the course is offered in order for it to be
877	offered a fourth year and thereafter.
878	(6)  Workforce Florida, Inc., through the secondary career
879	academies initiatives, The Okaloosa County School District
880	CHOICE Institutes shall serve in an advisory role and shall
881	offer technical assistance in the development and deployment of
882	newly established career and professional academies for a 3-year
883	period beginning July 1, 2007.
884	Section 19.  Section 1003.4935, Florida Statutes, is
885	created to read:
886	1003.4935  Middle school career and professional academy
887	courses.-
888	(1)  Beginning with the 2011-2012 school year, each
889	district school board, in collaboration with regional workforce
890	boards, economic development agencies, and state-approved
891	postsecondary institutions, shall include plans to implement a
892	career and professional academy in at least one middle school in
893	the district as part of the strategic 5-year plan pursuant to s.
894	1003.491(2). The middle school career and professional academy
895	component of the strategic plan must ensure the transition of
896	middle school career and professional academy students to a high
897	school career and professional academy currently operating
898	within the school district. Students who complete a middle
899	school career and professional academy must have the opportunity
900	to earn an industry certificate and high school credit and
901	participate in career planning, job shadowing, and business
902	leadership development activities.
903	(2)  Each middle school career and professional academy
904	must be aligned with at least one high school career and
905	professional academy offered in the district and maintain
906	partnerships with local business and industry and economic
907	development boards. Middle school career and professional
908	academies must:
909	(a)  Provide instruction in courses leading to careers in
910	occupations designated as high growth, high demand, and high pay
911	in the Industry Certification Funding List approved under rules
912	adopted by the State Board of Education;
913	(b)  Offer career and professional academy courses that
914	integrate content from core subject areas;
915	(c)  Offer courses that integrate career and professional
916	academy content with intensive reading and mathematics pursuant
917	to s. 1003.428;
918	(d)  Coordinate with high schools to maximize opportunities
919	for middle school career and professional academy students to
920	earn high school credit;
921	(e)  Provide access to virtual instruction courses provided
922	by virtual education providers legislatively authorized to
923	provide part-time instruction to middle school students which
924	are aligned to state curriculum standards for middle school
925	career and professional academy students, with priority given to
926	students who have required course deficits;
927	(f)  Provide instruction from highly skilled professionals
928	who hold industry certificates in the career area in which they
929	teach;
930	(g)  Offer externships; and
931	(h)  Provide personalized student advisement that includes
932	a parent-participation component.
933	(3)  Beginning with the 2012-2013 school year, if a school
934	district implements a middle school career and professional
935	academy, the Department of Education shall collect and report
936	student achievement data pursuant to performance factors
937	identified under s. 1003.492(3) for academy students.
938	Section 20.  Section 1003.575, Florida Statutes, is amended
939	to read:
940	1003.575  Assistive technology devices; findings;
941	interagency agreements.-Accessibility, utilization, and
942	coordination of appropriate assistive technology devices and
943	services are essential as a young person with disabilities moves
944	from early intervention to preschool, from preschool to school,
945	from one school to another, and from school to employment or
946	independent living. If an individual education plan team makes a
947	recommendation in accordance with State Board of Education rule
948	for a student with a disability, as defined in s. 1003.01(3), to
949	receive an assistive technology assessment, that assessment must
950	be completed within 60 school days after the team's
951	recommendation. To ensure that an assistive technology device
952	issued to a young person as part of his or her individualized
953	family support plan, individual support plan, or an individual
954	education plan remains with the individual through such
955	transitions, the following agencies shall enter into interagency
956	agreements, as appropriate, to ensure the transaction of
957	assistive technology devices:
958	(1)  The Florida Infants and Toddlers Early Intervention
959	Program in the Division of Children's Medical Services of the
960	Department of Health.
961	(2)  The Division of Blind Services, the Bureau of
962	Exceptional Education and Student Services, and the Division of
963	Vocational Rehabilitation of the Department of Education.
964	(3)  The Voluntary Prekindergarten Education Program
965	administered by the Department of Education and the Agency for
966	Workforce Innovation.
967
968	Interagency agreements entered into pursuant to this section
969	shall provide a framework for ensuring that young persons with
970	disabilities and their families, educators, and employers are
971	informed about the utilization and coordination of assistive
972	technology devices and services that may assist in meeting
973	transition needs, and shall establish a mechanism by which a
974	young person or his or her parent may request that an assistive
975	technology device remain with the young person as he or she
976	moves through the continuum from home to school to postschool.
977	Section 21.  Effective upon this act becoming a law,
978	subsection (2) and paragraph (c) of subsection (3) of section
979	1008.22, Florida Statutes, are amended to read:
980	1008.22  Student assessment program for public schools.-
981	(2)  NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.-It
982	is Florida's intent to participate in the measurement of
983	national educational goals. The Commissioner of Education shall
984	direct Florida school districts to participate in the
985	administration of the National Assessment of Educational
986	Progress, or a similar national or international assessment
987	program, both for the national sample and for any state-by-state
988	comparison programs which may be initiated. The assessments must
989	be conducted using the data collection procedures, the student
990	surveys, the educator surveys, and other instruments included in
991	the National Assessment of Educational Progress or similar
992	national or international assessment program being administered
993	in Florida. The results of these assessments shall be included
994	in the annual report of the Commissioner of Education specified
995	in this section, as applicable. The administration of the
996	National Assessment of Educational Progress or similar national
997	or international assessment program shall be in addition to and
998	separate from the administration of the statewide assessment
999	program.
1000	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
1001	design and implement a statewide program of educational
1002	assessment that provides information for the improvement of the
1003	operation and management of the public schools, including
1004	schools operating for the purpose of providing educational
1005	services to youth in Department of Juvenile Justice programs.
1006	The commissioner may enter into contracts for the continued
1007	administration of the assessment, testing, and evaluation
1008	programs authorized and funded by the Legislature. Contracts may
1009	be initiated in 1 fiscal year and continue into the next and may
1010	be paid from the appropriations of either or both fiscal years.
1011	The commissioner is authorized to negotiate for the sale or
1012	lease of tests, scoring protocols, test scoring services, and
1013	related materials developed pursuant to law. Pursuant to the
1014	statewide assessment program, the commissioner shall:
1015	(c)  Develop and implement a student achievement testing
1016	program as follows:
1017	1.  The Florida Comprehensive Assessment Test (FCAT)
1018	measures a student's content knowledge and skills in reading,
1019	writing, science, and mathematics. The content knowledge and
1020	skills assessed by the FCAT must be aligned to the core
1021	curricular content established in the Next Generation Sunshine
1022	State Standards. Other content areas may be included as directed
1023	by the commissioner. Comprehensive assessments of reading and
1024	mathematics shall be administered annually in grades 3 through
1025	10 except, beginning with the 2010-2011 school year, the
1026	administration of grade 9 FCAT Mathematics shall be
1027	discontinued, and beginning with the 2011-2012 school year, the
1028	administration of grade 10 FCAT Mathematics shall be
1029	discontinued, except as required for students who have not
1030	attained minimum performance expectations for graduation as
1031	provided in paragraph (9)(c). FCAT Writing and FCAT Science
1032	shall be administered at least once at the elementary, middle,
1033	and high school levels except, beginning with the 2011-2012
1034	school year, the administration of FCAT Science at the high
1035	school level shall be discontinued.
1036	2.a.  End-of-course assessments for a subject shall be
1037	administered in addition to the comprehensive assessments
1038	required under subparagraph 1. End-of-course assessments must be
1039	rigorous, statewide, standardized, and developed or approved by
1040	the department. The content knowledge and skills assessed by
1041	end-of-course assessments must be aligned to the core curricular
1042	content established in the Next Generation Sunshine State
1043	Standards.
1044	(I)  Statewide, standardized end-of-course assessments in
1045	mathematics shall be administered according to this sub-sub-
1046	subparagraph. Beginning with the 2010-2011 school year, all
1047	students enrolled in Algebra I or an equivalent course must take
1048	the Algebra I end-of-course assessment. Students who earned high
1049	school credit in Algebra I while in grades 6 through 8 during
1050	the 2007-2008 through 2009-2010 school years and who have not
1051	taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
1052	course assessment during the 2010-2011 school year. For students
1053	entering grade 9 during the 2010-2011 school year and who are
1054	enrolled in Algebra I or an equivalent, each student's
1055	performance on the end-of-course assessment in Algebra I shall
1056	constitute 30 percent of the student's final course grade.
1057	Beginning with students entering grade 9 in the 2011-2012 school
1058	year, a student who is enrolled in Algebra I or an equivalent
1059	must earn a passing score on the end-of-course assessment in
1060	Algebra I or attain an equivalent score as described in
1061	subsection (11) in order to earn course credit. Beginning with
1062	the 2011-2012 school year, all students enrolled in geometry or
1063	an equivalent course must take the geometry end-of-course
1064	assessment. For students entering grade 9 during the 2011-2012
1065	school year, each student's performance on the end-of-course
1066	assessment in geometry shall constitute 30 percent of the
1067	student's final course grade. Beginning with students entering
1068	grade 9 during the 2012-2013 school year, a student must earn a
1069	passing score on the end-of-course assessment in geometry or
1070	attain an equivalent score as described in subsection (11) in
1071	order to earn course credit.
1072	(II)  Statewide, standardized end-of-course assessments in
1073	science shall be administered according to this sub-sub-
1074	subparagraph. Beginning with the 2011-2012 school year, all
1075	students enrolled in Biology I or an equivalent course must take
1076	the Biology I end-of-course assessment. For the 2011-2012 school
1077	year, each student's performance on the end-of-course assessment
1078	in Biology I shall constitute 30 percent of the student's final
1079	course grade. Beginning with students entering grade 9 during
1080	the 2012-2013 school year, a student must earn a passing score
1081	on the end-of-course assessment in Biology I in order to earn
1082	course credit.
1083	b.  During the 2012-2013 school year, an end-of-course
1084	assessment in civics education shall be administered as a field
1085	test at the middle school level. During the 2013-2014 school
1086	year, each student's performance on the statewide, standardized
1087	end-of-course assessment in civics education shall constitute 30
1088	percent of the student's final course grade. Beginning with the
1089	2014-2015 school year, a student must earn a passing score on
1090	the end-of-course assessment in civics education in order to
1091	pass the course and be promoted from the middle grades receive
1092	course credit. The school principal of a middle school shall
1093	determine, in accordance with State Board of Education rule,
1094	whether a student who transfers to the middle school and who has
1095	successfully completed a civics education course at the
1096	student's previous school must take an end-of-course assessment
1097	in civics education.
1098	c.  The commissioner may select one or more nationally
1099	developed comprehensive examinations, which may include, but
1100	need not be limited to, examinations for a College Board
1101	Advanced Placement course, International Baccalaureate course,
1102	or Advanced International Certificate of Education course, or
1103	industry-approved examinations to earn national industry
1104	certifications identified in the Industry Certification Funding
1105	List, pursuant to rules adopted by the State Board of Education,
1106	for use as end-of-course assessments under this paragraph, if
1107	the commissioner determines that the content knowledge and
1108	skills assessed by the examinations meet or exceed the grade
1109	level expectations for the core curricular content established
1110	for the course in the Next Generation Sunshine State Standards.
1111	The commissioner may collaborate with the American Diploma
1112	Project in the adoption or development of rigorous end-of-course
1113	assessments that are aligned to the Next Generation Sunshine
1114	State Standards.
1115	d.  Contingent upon funding provided in the General
1116	Appropriations Act, including the appropriation of funds
1117	received through federal grants, the Commissioner of Education
1118	shall establish an implementation schedule for the development
1119	and administration of additional statewide, standardized end-of-
1120	course assessments in English/Language Arts II, Algebra II,
1121	chemistry, physics, earth/space science, United States history,
1122	and world history. Priority shall be given to the development of
1123	end-of-course assessments in English/Language Arts II. The
1124	Commissioner of Education shall evaluate the feasibility and
1125	effect of transitioning from the grade 9 and grade 10 FCAT
1126	Reading and high school level FCAT Writing to an end-of-course
1127	assessment in English/Language Arts II. The commissioner shall
1128	report the results of the evaluation to the President of the
1129	Senate and the Speaker of the House of Representatives no later
1130	than July 1, 2011.
1131	3.  The testing program shall measure student content
1132	knowledge and skills adopted by the State Board of Education as
1133	specified in paragraph (a) and measure and report student
1134	performance levels of all students assessed in reading, writing,
1135	mathematics, and science. The commissioner shall provide for the
1136	tests to be developed or obtained, as appropriate, through
1137	contracts and project agreements with private vendors, public
1138	vendors, public agencies, postsecondary educational
1139	institutions, or school districts. The commissioner shall obtain
1140	input with respect to the design and implementation of the
1141	testing program from state educators, assistive technology
1142	experts, and the public.
1143	4.  The testing program shall be composed of criterion-
1144	referenced tests that shall, to the extent determined by the
1145	commissioner, include test items that require the student to
1146	produce information or perform tasks in such a way that the core
1147	content knowledge and skills he or she uses can be measured.
1148	5.  FCAT Reading, Mathematics, and Science and all
1149	statewide, standardized end-of-course assessments shall measure
1150	the content knowledge and skills a student has attained on the
1151	assessment by the use of scaled scores and achievement levels.
1152	Achievement levels shall range from 1 through 5, with level 1
1153	being the lowest achievement level, level 5 being the highest
1154	achievement level, and level 3 indicating satisfactory
1155	performance on an assessment. For purposes of FCAT Writing,
1156	student achievement shall be scored using a scale of 1 through 6
1157	and the score earned shall be used in calculating school grades.
1158	A score shall be designated for each subject area tested, below
1159	which score a student's performance is deemed inadequate. The
1160	school districts shall provide appropriate remedial instruction
1161	to students who score below these levels.
1162	6.  The State Board of Education shall, by rule, designate
1163	a passing score for each part of the grade 10 assessment test
1164	and end-of-course assessments. Any rule that has the effect of
1165	raising the required passing scores may apply only to students
1166	taking the assessment for the first time after the rule is
1167	adopted by the State Board of Education. Except as otherwise
1168	provided in this subparagraph and as provided in s.
1169	1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
1170	passing score on grade 10 FCAT Reading and grade 10 FCAT
1171	Mathematics or attain concordant scores as described in
1172	subsection (10) in order to qualify for a standard high school
1173	diploma.
1174	7.  In addition to designating a passing score under
1175	subparagraph 6., the State Board of Education shall also
1176	designate, by rule, a score for each statewide, standardized
1177	end-of-course assessment which indicates that a student is high
1178	achieving and has the potential to meet college-readiness
1179	standards by the time the student graduates from high school.
1180	8.  Participation in the testing program is mandatory for
1181	all students attending public school, including students served
1182	in Department of Juvenile Justice programs, except as otherwise
1183	prescribed by the commissioner. A student who has not earned
1184	passing scores on the grade 10 FCAT as provided in subparagraph
1185	6. must participate in each retake of the assessment until the
1186	student earns passing scores or achieves scores on a
1187	standardized assessment which are concordant with passing scores
1188	pursuant to subsection (10). If a student does not participate
1189	in the statewide assessment, the district must notify the
1190	student's parent and provide the parent with information
1191	regarding the implications of such nonparticipation. A parent
1192	must provide signed consent for a student to receive classroom
1193	instructional accommodations that would not be available or
1194	permitted on the statewide assessments and must acknowledge in
1195	writing that he or she understands the implications of such
1196	instructional accommodations. The State Board of Education shall
1197	adopt rules, based upon recommendations of the commissioner, for
1198	the provision of test accommodations for students in exceptional
1199	education programs and for students who have limited English
1200	proficiency. Accommodations that negate the validity of a
1201	statewide assessment are not allowable in the administration of
1202	the FCAT or an end-of-course assessment. However, instructional
1203	accommodations are allowable in the classroom if included in a
1204	student's individual education plan. Students using
1205	instructional accommodations in the classroom that are not
1206	allowable as accommodations on the FCAT or an end-of-course
1207	assessment may have the FCAT or an end-of-course assessment
1208	requirement waived pursuant to the requirements of s.
1209	1003.428(8)(b) or s. 1003.43(11)(b).
1210	9.  A student seeking an adult high school diploma must
1211	meet the same testing requirements that a regular high school
1212	student must meet.
1213	10.  District school boards must provide instruction to
1214	prepare students in the core curricular content established in
1215	the Next Generation Sunshine State Standards adopted under s.
1216	1003.41, including the core content knowledge and skills
1217	necessary for successful grade-to-grade progression and high
1218	school graduation. If a student is provided with instructional
1219	accommodations in the classroom that are not allowable as
1220	accommodations in the statewide assessment program, as described
1221	in the test manuals, the district must inform the parent in
1222	writing and must provide the parent with information regarding
1223	the impact on the student's ability to meet expected performance
1224	levels in reading, writing, mathematics, and science. The
1225	commissioner shall conduct studies as necessary to verify that
1226	the required core curricular content is part of the district
1227	instructional programs.
1228	11.  District school boards must provide opportunities for
1229	students to demonstrate an acceptable performance level on an
1230	alternative standardized assessment approved by the State Board
1231	of Education following enrollment in summer academies.
1232	12.  The Department of Education must develop, or select,
1233	and implement a common battery of assessment tools that will be
1234	used in all juvenile justice programs in the state. These tools
1235	must accurately measure the core curricular content established
1236	in the Next Generation Sunshine State Standards.
1237	13.  For students seeking a special diploma pursuant to s.
1238	1003.438, the Department of Education must develop or select and
1239	implement an alternate assessment tool that accurately measures
1240	the core curricular content established in the Next Generation
1241	Sunshine State Standards for students with disabilities under s.
1242	1003.438.
1243	14.  The Commissioner of Education shall establish
1244	schedules for the administration of statewide assessments and
1245	the reporting of student test results. When establishing the
1246	schedules for the administration of statewide assessments, the
1247	commissioner shall consider the observance of religious and
1248	school holidays. The commissioner shall, by August 1 of each
1249	year, notify each school district in writing and publish on the
1250	department's Internet website the testing and reporting
1251	schedules for, at a minimum, the school year following the
1252	upcoming school year. The testing and reporting schedules shall
1253	require that:
1254	a.  There is the latest possible administration of
1255	statewide assessments and the earliest possible reporting to the
1256	school districts of student test results which is feasible
1257	within available technology and specific appropriations;
1258	however, test results for the FCAT must be made available no
1259	later than the week of June 8. Student results for end-of-course
1260	assessments must be provided no later than 1 week after the
1261	school district completes testing for each course. The
1262	commissioner may extend the reporting schedule under exigent
1263	circumstances.
1264	b.  Beginning with the 2010-2011 school year, FCAT Writing
1265	may is not be administered earlier than the week of March 1 and
1266	a comprehensive statewide assessment of any other subject may is
1267	not be administered earlier than the week of April 15.
1268	c.  A statewide, standardized end-of-course assessment is
1269	administered during a 3-week period at the end of the course.
1270	The commissioner shall select an a 3-week administration period
1271	for assessments that meets the intent of end-of-course
1272	assessments and provides student results prior to the end of the
1273	course. School districts shall administer tests in accordance
1274	with the schedule determined by the commissioner select 1
1275	testing week within the 3-week administration period for each
1276	end-of-course assessment. For an end-of-course assessment
1277	administered at the end of the first semester, the commissioner
1278	shall determine the most appropriate testing dates based on a
1279	review of each school district's academic calendar.
1280
1281	The commissioner may, based on collaboration and input from
1282	school districts, design and implement student testing programs,
1283	for any grade level and subject area, necessary to effectively
1284	monitor educational achievement in the state, including the
1285	measurement of educational achievement of the Next Generation
1286	Sunshine State Standards for students with disabilities.
1287	Development and refinement of assessments shall include
1288	universal design principles and accessibility standards that
1289	will prevent any unintended obstacles for students with
1290	disabilities while ensuring the validity and reliability of the
1291	test. These principles should be applicable to all technology
1292	platforms and assistive devices available for the assessments.
1293	The field testing process and psychometric analyses for the
1294	statewide assessment program must include an appropriate
1295	percentage of students with disabilities and an evaluation or
1296	determination of the effect of test items on such students.
1297	Section 22.  Subsection (3) of section 1008.30, Florida
1298	Statutes, is amended to read:
1299	1008.30  Common placement testing for public postsecondary
1300	education.-
1301	(3)  The State Board of Education shall adopt rules that
1302	require high schools to evaluate before the beginning of grade
1303	12 the college readiness of each student who indicates an
1304	interest in postsecondary education and scores at Level 2 or
1305	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1306	Level 3, or Level 4 on the mathematics assessments under s.
1307	1008.22(3)(c). High schools shall perform this evaluation using
1308	results from the corresponding component of the common placement
1309	test prescribed in this section, or an equivalent test
1310	identified by the State Board of Education. The State Board
1311	Department of Education shall identify in rule purchase or
1312	develop the assessments necessary to perform the evaluations
1313	required by this subsection and shall work with the school
1314	districts to administer the assessments. The State Board of
1315	Education shall establish by rule the minimum test scores a
1316	student must achieve to demonstrate readiness. Students who
1317	demonstrate readiness by achieving the minimum test scores
1318	established by the state board and enroll in a community college
1319	within 2 years of achieving such scores shall not be required to
1320	retest or enroll in remediation when admitted courses as a
1321	condition of acceptance to any community college. The high
1322	school shall use the results of the test to advise the students
1323	of any identified deficiencies and to the maximum extent
1324	practicable provide 12th grade students, and require them to
1325	complete, access to appropriate postsecondary preparatory
1326	remedial instruction prior to high school graduation. The
1327	curriculum remedial instruction provided under this subsection
1328	shall be identified in rule by the State Board of Education and
1329	encompass Florida's Postsecondary Readiness Competencies. Other
1330	elective courses may not be substituted for the selected
1331	postsecondary mathematics preparatory course unless the elective
1332	course covers the same competencies included in the
1333	postsecondary mathematics preparatory course a collaborative
1334	effort between secondary and postsecondary educational
1335	institutions. To the extent courses are available, the Florida
1336	Virtual School may be used to provide the remedial instruction
1337	required by this subsection.
1338	Section 23.  Paragraph (b) of subsection (3) and subsection
1339	(4) of section 1008.33, Florida Statutes, are amended to read:
1340	1008.33  Authority to enforce public school improvement.-
1341	(3)
1342	(b)  For the purpose of determining whether a public school
1343	requires action to achieve a sufficient level of school
1344	improvement, beginning with the 2010-2011 school year, the
1345	Department of Education shall annually categorize a public
1346	school in one of six categories based on the following:
1347	1.  A school's grade based upon statewide assessments
1348	administered pursuant to s. 1008.22; and
1349	2.  school's grade, pursuant to s. 1008.34, and The level
1350	and rate of change in student performance in the areas of
1351	reading and mathematics, disaggregated into student subgroups as
1352	described in the federal Elementary and Secondary Education Act,
1353	20 U.S.C. s. 6311(b)(2)(C)(v)(II).
1354	(4)  The Department of Education shall create a matrix that
1355	reflects intervention and support strategies to address the
1356	particular needs of schools in each category.
1357	(a)  Intervention and support strategies shall be applied
1358	to schools based upon the school categorization pursuant to
1359	paragraph (3)(b). The Department of Education shall apply the
1360	most intense intervention strategies to the lowest-performing
1361	schools. For all but the lowest category and "F" schools in the
1362	second lowest category, the intervention and support strategies
1363	shall be administered solely by the districts and the schools.
1364	(b)  The lowest-performing schools are schools that are
1365	categorized pursuant to paragraph (3)(b) and have received:
1366	1.  A grade of "F" in the most recent school year and in 4
1367	of the last 6 years; or
1368	2.  A grade of "D" or "F" in the most recent school year
1369	and meet at least three of the following criteria:
1370	a.  The percentage of students who are not proficient in
1371	reading has increased when compared to measurements taken 5
1372	years previously;
1373	b.  The percentage of students who are not proficient in
1374	mathematics has increased when compared to measurements taken 5
1375	years previously;
1376	c.  At least 65 percent of the school's students are not
1377	proficient in reading; or
1378	d.  At least 65 percent of the school's students are not
1379	proficient in mathematics.
1380	Section 24.  Paragraphs (b) and (c) of subsection (3) of
1381	section 1008.34, Florida Statutes, are amended to read:
1382	1008.34  School grading system; school report cards;
1383	district grade.-
1384	(3)  DESIGNATION OF SCHOOL GRADES.-
1385	(b)1.  A school's grade shall be based on a combination of:
1386	a.  Student achievement scores, including achievement on
1387	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1388	of-course assessments administered under s. 1008.22(3)(c)2.a.,
1389	and achievement scores for students seeking a special diploma.
1390	b.  Student learning gains in reading and mathematics as
1391	measured by FCAT and end-of-course assessments, as described in
1392	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1393	a special diploma, as measured by an alternate assessment tool,
1394	shall be included not later than the 2009-2010 school year.
1395	c.  Improvement of the lowest 25th percentile of students
1396	in the school in reading and mathematics on the FCAT or end-of-
1397	course assessments described in s. 1008.22(3)(c)2.a., unless
1398	these students are exhibiting satisfactory performance.
1399	2.  Beginning with the 2011-2012 school year, for schools
1400	comprised of middle school grades 6 through 8 or grades 7 and 8,
1401	the school's grade shall include the performance and
1402	participation of its students enrolled in high school level
1403	courses with end-of-course assessments administered under s.
1404	1008.22(3)(c)2.a. Performance and participation must be weighted
1405	equally. As valid data becomes available, the school grades
1406	shall include the students' attainment of national industry
1407	certification identified in the Industry Certification Funding
1408	List pursuant to rules adopted by the State Board of Education.
1409	3.2.  Beginning with the 2009-2010 school year for schools
1410	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1411	11, and 12, 50 percent of the school grade shall be based on a
1412	combination of the factors listed in sub-subparagraphs 1.a.-c.
1413	and the remaining 50 percent on the following factors:
1414	a.  The high school graduation rate of the school;
1415	b.  As valid data becomes available, the performance and
1416	participation of the school's students in College Board Advanced
1417	Placement courses, International Baccalaureate courses, dual
1418	enrollment courses, and Advanced International Certificate of
1419	Education courses; and the students' achievement of national
1420	industry certification identified in the Industry Certification
1421	Funding List, pursuant to rules adopted by the State Board of
1422	Education;
1423	c.  Postsecondary readiness of the school's students as
1424	measured by the SAT, ACT, or the common placement test;
1425	d.  The high school graduation rate of at-risk students who
1426	scored at Level 2 or lower on the grade 8 FCAT Reading and
1427	Mathematics examinations;
1428	e.  As valid data becomes available, the performance of the
1429	school's students on statewide standardized end-of-course
1430	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1431	f.  The growth or decline in the components listed in sub-
1432	subparagraphs a.-e. from year to year.
1433	(c)  Student assessment data used in determining school
1434	grades shall include:
1435	1.  The aggregate scores of all eligible students enrolled
1436	in the school who have been assessed on the FCAT and statewide,
1437	standardized end-of-course assessments in courses required for
1438	high school graduation, including, beginning with the 2010-2011
1439	school year, the end-of-course assessment in Algebra I; and
1440	beginning with the 2011-2012 school year, the end-of-course
1441	assessments in geometry and Biology; and beginning with the
1442	2013-2014 school year, on the statewide, standardized end-of-
1443	course assessment in civics education at the middle school
1444	level.
1445	2.  The aggregate scores of all eligible students enrolled
1446	in the school who have been assessed on the FCAT and end-of-
1447	course assessments as described in s. 1008.22(3)(c)2.a., and who
1448	have scored at or in the lowest 25th percentile of students in
1449	the school in reading and mathematics, unless these students are
1450	exhibiting satisfactory performance.
1451	3.  The achievement scores and learning gains of eligible
1452	students attending alternative schools that provide dropout
1453	prevention and academic intervention services pursuant to s.
1454	1003.53. The term "eligible students" in this subparagraph does
1455	not include students attending an alternative school who are
1456	subject to district school board policies for expulsion for
1457	repeated or serious offenses, who are in dropout retrieval
1458	programs serving students who have officially been designated as
1459	dropouts, or who are in programs operated or contracted by the
1460	Department of Juvenile Justice. The student performance data for
1461	eligible students identified in this subparagraph shall be
1462	included in the calculation of the home school's grade. As used
1463	in this subparagraph section and s. 1008.341, the term "home
1464	school" means the school to which the student would be assigned
1465	if the student were not assigned to an alternative school. If an
1466	alternative school chooses to be graded under this section,
1467	student performance data for eligible students identified in
1468	this subparagraph shall not be included in the home school's
1469	grade but shall be included only in the calculation of the
1470	alternative school's grade. A school district that fails to
1471	assign the FCAT and end-of-course assessment as described in s.
1472	1008.22(3)(c)2.a. scores of each of its students to his or her
1473	home school or to the alternative school that receives a grade
1474	shall forfeit Florida School Recognition Program funds for 1
1475	fiscal year. School districts must require collaboration between
1476	the home school and the alternative school in order to promote
1477	student success. This collaboration must include an annual
1478	discussion between the principal of the alternative school and
1479	the principal of each student's home school concerning the most
1480	appropriate school assignment of the student.
1481	4.  The achievement scores and learning gains of students
1482	designated as hospital or homebound. Student assessment data for
1483	students designated as hospital or homebound shall be assigned
1484	to their home school for the purposes of school grades. As used
1485	in this subparagraph, the term "home school" means the school to
1486	which a student would be assigned if the student were not
1487	assigned to a hospital or homebound program.
1488	5.4.  For schools comprised of high school grades 9, 10,
1489	11, and 12, or grades 10, 11, and 12, the data listed in
1490	subparagraphs 1.-3. and the following data as the Department of
1491	Education determines such data are valid and available:
1492	a.  The high school graduation rate of the school as
1493	calculated by the Department of Education;
1494	b.  The participation rate of all eligible students
1495	enrolled in the school and enrolled in College Board Advanced
1496	Placement courses; International Baccalaureate courses; dual
1497	enrollment courses; Advanced International Certificate of
1498	Education courses; and courses or sequence of courses leading to
1499	national industry certification identified in the Industry
1500	Certification Funding List, pursuant to rules adopted by the
1501	State Board of Education;
1502	c.  The aggregate scores of all eligible students enrolled
1503	in the school in College Board Advanced Placement courses,
1504	International Baccalaureate courses, and Advanced International
1505	Certificate of Education courses;
1506	d.  Earning of college credit by all eligible students
1507	enrolled in the school in dual enrollment programs under s.
1508	1007.271;
1509	e.  Earning of a national industry certification identified
1510	in the Industry Certification Funding List, pursuant to rules
1511	adopted by the State Board of Education;
1512	f.  The aggregate scores of all eligible students enrolled
1513	in the school in reading, mathematics, and other subjects as
1514	measured by the SAT, the ACT, and the common placement test for
1515	postsecondary readiness;
1516	g.  The high school graduation rate of all eligible at-risk
1517	students enrolled in the school who scored at Level 2 or lower
1518	on the grade 8 FCAT Reading and Mathematics examinations;
1519	h.  The performance of the school's students on statewide
1520	standardized end-of-course assessments administered under s.
1521	1008.22(3)(c)2.b. and c.; and
1522	i.  The growth or decline in the data components listed in
1523	sub-subparagraphs a.-h. from year to year.
1524
1525	The State Board of Education shall adopt appropriate criteria
1526	for each school grade. The criteria must also give added weight
1527	to student achievement in reading. Schools designated with a
1528	grade of "C," making satisfactory progress, shall be required to
1529	demonstrate that adequate progress has been made by students in
1530	the school who are in the lowest 25th percentile in reading and
1531	mathematics on the FCAT and end-of-course assessments as
1532	described in s. 1008.22(3)(c)2.a., unless these students are
1533	exhibiting satisfactory performance. Beginning with the 2009-
1534	2010 school year for schools comprised of high school grades 9,
1535	10, 11, and 12, or grades 10, 11, and 12, the criteria for
1536	school grades must also give added weight to the graduation rate
1537	of all eligible at-risk students, as defined in this paragraph.
1538	Beginning in the 2009-2010 school year, in order for a high
1539	school to be designated as having a grade of "A," making
1540	excellent progress, the school must demonstrate that at-risk
1541	students, as defined in this paragraph, in the school are making
1542	adequate progress.
1543	Section 25.  Paragraph (a) of subsection (3) of section
1544	1011.01, Florida Statutes, is amended to read:
1545	1011.01  Budget system established.-
1546	(3)(a)  Each district school board and each community
1547	college board of trustees shall prepare, adopt, and submit to
1548	the Commissioner of Education for review an annual operating
1549	budget. Operating budgets shall be prepared and submitted in
1550	accordance with the provisions of law, rules of the State Board
1551	of Education, the General Appropriations Act, and for district
1552	school boards in accordance with the provisions of ss. 200.065
1553	and 1011.64.
1554	Section 26.  Subsection (4) of section 1011.03, Florida
1555	Statutes, is amended to read:
1556	1011.03  Public hearings; budget to be submitted to
1557	Department of Education.-
1558	(4)  The board shall hold public hearings to adopt
1559	tentative and final budgets pursuant to s. 200.065. The hearings
1560	shall be primarily for the purpose of hearing requests and
1561	complaints from the public regarding the budgets and the
1562	proposed tax levies and for explaining the budget and proposed
1563	or adopted amendments thereto, if any. The district school board
1564	shall then require the superintendent to transmit forthwith two
1565	copies of the adopted budget to the Department of Education for
1566	approval as prescribed by law and rules of the State Board of
1567	Education.
1568	Section 27.  Section 1011.035, Florida Statutes, is created
1569	to read:
1570	1011.035  School district budget transparency.-
1571	(1)  It is important for school districts to provide
1572	budgetary transparency to enable taxpayers, parents, and
1573	education advocates to obtain school district budget and related
1574	information in a manner that is simply explained and easily
1575	understandable. Budgetary transparency leads to more responsible
1576	spending, more citizen involvement, and improved accountability.
1577	A budget that is not transparent, accessible, and accurate
1578	cannot be properly analyzed, its implementation thoroughly
1579	monitored, or its outcomes evaluated.
1580	(2)  Each district school board shall post on its website a
1581	plain language version of each proposed, tentative, and official
1582	budget which describes each budget item in terms that are easily
1583	understandable to the public. This information must be
1584	prominently posted on the school district's website in a manner
1585	that is readily accessible to the public.
1586	(3)  Each district school board is encouraged to post the
1587	following information on its website:
1588	(a)  Timely information as to when a budget hearing will be
1589	conducted.
1590	(b)  Each contract between the district school board and
1591	the teachers' union.
1592	(c)  Each contract between the district school board and
1593	noninstructional staff.
1594	(d)  Each contract exceeding $35,000 between the school
1595	board and a vendor of services, supplies, or programs or for the
1596	purchase or lease of lands, facilities, or properties.
1597	(e)  Each contract exceeding $35,000 that is an emergency
1598	procurement or is with a single source as authorized under s.
1599	287.057(3).
1600	(f)  Recommendations of the citizens' budget advisory
1601	committee.
1602	(g)  Current and archived video recordings of each district
1603	school board meeting and workshop.
1604	(4)  The website should contain links to:
1605	(a)  Help explain or provide background information on
1606	various budget items that are required by state or federal law.
1607	(b)  Allow users to navigate to related sites to view
1608	supporting details.
1609	(c)  Enable taxpayers, parents, and education advocates to
1610	send e-mails asking questions about the budget and enable others
1611	to view the questions and responses.
1612	Section 28.  Paragraph (e) of subsection (1) of section
1613	1011.62, Florida Statutes, is amended to read:
1614	1011.62  Funds for operation of schools.-If the annual
1615	allocation from the Florida Education Finance Program to each
1616	district for operation of schools is not determined in the
1617	annual appropriations act or the substantive bill implementing
1618	the annual appropriations act, it shall be determined as
1619	follows:
1620	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1621	OPERATION.-The following procedure shall be followed in
1622	determining the annual allocation to each district for
1623	operation:
1624	(e)  Funding model for exceptional student education
1625	programs.-
1626	1.a.  The funding model uses basic, at-risk, support levels
1627	IV and V for exceptional students and career Florida Education
1628	Finance Program cost factors, and a guaranteed allocation for
1629	exceptional student education programs. Exceptional education
1630	cost factors are determined by using a matrix of services to
1631	document the services that each exceptional student will
1632	receive. The nature and intensity of the services indicated on
1633	the matrix shall be consistent with the services described in
1634	each exceptional student's individual educational plan. The
1635	Department of Education shall review and revise the descriptions
1636	of the services and supports included in the matrix of services
1637	for exceptional students and shall implement those revisions
1638	before the beginning of the 2012-2013 school year.
1639	b.  In order to generate funds using one of the two
1640	weighted cost factors, a matrix of services must be completed at
1641	the time of the student's initial placement into an exceptional
1642	student education program and at least once every 3 years by
1643	personnel who have received approved training. Nothing listed in
1644	the matrix shall be construed as limiting the services a school
1645	district must provide in order to ensure that exceptional
1646	students are provided a free, appropriate public education.
1647	c.  Students identified as exceptional, in accordance with
1648	chapter 6A-6, Florida Administrative Code, who do not have a
1649	matrix of services as specified in sub-subparagraph b. shall
1650	generate funds on the basis of full-time-equivalent student
1651	membership in the Florida Education Finance Program at the same
1652	funding level per student as provided for basic students.
1653	Additional funds for these exceptional students will be provided
1654	through the guaranteed allocation designated in subparagraph 2.
1655	2.  For students identified as exceptional who do not have
1656	a matrix of services and students who are gifted in grades K
1657	through 8, there is created a guaranteed allocation to provide
1658	these students with a free appropriate public education, in
1659	accordance with s. 1001.42(4)(m) and rules of the State Board of
1660	Education, which shall be allocated annually to each school
1661	district in the amount provided in the General Appropriations
1662	Act. These funds shall be in addition to the funds appropriated
1663	on the basis of FTE student membership in the Florida Education
1664	Finance Program, and the amount allocated for each school
1665	district shall not be recalculated during the year. These funds
1666	shall be used to provide special education and related services
1667	for exceptional students and students who are gifted in grades K
1668	through 8. Beginning with the 2007-2008 fiscal year, a
1669	district's expenditure of funds from the guaranteed allocation
1670	for students in grades 9 through 12 who are gifted may not be
1671	greater than the amount expended during the 2006-2007 fiscal
1672	year for gifted students in grades 9 through 12.
1673	Section 29.  Paragraph (c) of subsection (1) of section
1674	1012.39, Florida Statutes, is amended to read:
1675	1012.39  Employment of substitute teachers, teachers of
1676	adult education, nondegreed teachers of career education, and
1677	career specialists; students performing clinical field
1678	experience.-
1679	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1680	1012.57, or any other provision of law or rule to the contrary,
1681	each district school board shall establish the minimal
1682	qualifications for:
1683	(c)  Part-time and full-time nondegreed teachers of career
1684	programs. Qualifications shall be established for nondegreed
1685	teachers of career and technical education courses for program
1686	clusters that are recognized in the state and are agriculture,
1687	business, health occupations, family and consumer sciences,
1688	industrial, marketing, career specialist, and public service
1689	education teachers, based primarily on successful occupational
1690	experience rather than academic training. The qualifications for
1691	such teachers shall require:
1692	1.  The filing of a complete set of fingerprints in the
1693	same manner as required by s. 1012.32. Faculty employed solely
1694	to conduct postsecondary instruction may be exempted from this
1695	requirement.
1696	2.  Documentation of education and successful occupational
1697	experience including documentation of:
1698	a.  A high school diploma or the equivalent.
1699	b.  Completion of 6 years of full-time successful
1700	occupational experience or the equivalent of part-time
1701	experience in the teaching specialization area. The district
1702	school board may establish alternative qualifications for
1703	teachers with an industry certification in the career area in
1704	which they teach. Alternate means of determining successful
1705	occupational experience may be established by the district
1706	school board.
1707	c.  Completion of career education training conducted
1708	through the local school district inservice master plan.
1709	d.  For full-time teachers, completion of professional
1710	education training in teaching methods, course construction,
1711	lesson planning and evaluation, and teaching special needs
1712	students. This training may be completed through coursework from
1713	an accredited or approved institution or an approved district
1714	teacher education program.
1715	e.  Demonstration of successful teaching performance.
1716	f.  Documentation of industry certification when state or
1717	national industry certifications are available and applicable.
1718	Section 30.  Except as otherwise expressly provided in this
1719	act and except for this section, which shall take effect upon
1720	this act becoming a law, this act shall take effect July 1,
1721	2011.

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