Florida Senate - 2011                                    SB 1696
       
       
       
       By Senator Wise
       
       
       
       
       5-01049C-11                                           20111696__
    1                        A bill to be entitled                      
    2         An act relating to public school accountability;
    3         amending s. 1001.20, F.S.; deleting a provision that
    4         requires the Florida Virtual School to be
    5         administratively housed within the Office of
    6         Technology and Information Services within the
    7         Department of Education; amending s. 1001.42, F.S.;
    8         revising the powers and duties of district school
    9         boards to require that students be provided with
   10         access to Florida Virtual School courses; amending s.
   11         1002.33, F.S.; revising provisions relating to charter
   12         schools to authorize a community college to work with
   13         the school district or school districts in its
   14         designated service area to operate charter schools;
   15         authorizing such charter schools to include an option
   16         for secondary students to receive an associate degree
   17         upon high school graduation; amending s. 1002.37,
   18         F.S.; conforming provisions to changes made by the
   19         act; amending s. 1002.38, F.S.; revising provisions
   20         relating to the Opportunity Scholarship Program to
   21         provide that school grades for all schools be based on
   22         statewide assessments; amending s. 1002.45, F.S.;
   23         revising qualification requirements for virtual
   24         instruction program providers; providing that an
   25         approved provider retain its approved status for 3
   26         school years after approval; amending s. 1002.67,
   27         F.S.; requiring that the State Board of Education
   28         periodically review and revise the performance
   29         standards for the statewide kindergarten screening and
   30         align to student performance standards for statewide
   31         assessments; requiring that newly admitted voluntary
   32         prekindergarten program students complete the
   33         statewide voluntary prekindergarten enrollment
   34         screening; requiring that the provider pay for
   35         screening; amending s. 1002.69, F.S.; requiring that
   36         the Department of Education adopt a statewide
   37         voluntary prekindergarten enrollment screening;
   38         requiring that each Early Learning Coalition
   39         administer the enrollment screening; requiring that
   40         each parent or guardian enrolling his or her child in
   41         a voluntary prekindergarten education program submit
   42         the child for enrollment screening if required by the
   43         provider; amending s. 1002.73, F.S.; requiring that
   44         the Department of Education adopt procedures for the
   45         statewide voluntary prekindergarten enrollment
   46         screening, fee schedule, and the process for
   47         determining learning gains of students who complete
   48         the voluntary prekindergarten and kindergarten
   49         screenings; amending s. 1003.03, F.S.; providing that
   50         if a district school board produces evidence that it
   51         was unable to meet class size requirements despite
   52         efforts to do so, the reduction of an alternative
   53         amount of funds from the district’s class size
   54         categorical may be recommended by the State Board of
   55         Education for approval by the Legislative Budget
   56         Commission; amending s. 1003.4156, F.S.; revising the
   57         general requirements for middle grades promotion;
   58         providing that a student with a disability may have
   59         his or her end-of-course assessment results waived
   60         under certain circumstances; providing that a middle
   61         grades student is exempt from the reading remediation
   62         requirements under certain circumstances; creating s.
   63         1003.4203, F.S.; requiring each district school board
   64         to develop and implement a digital curriculum for
   65         students in grades 5 through 12; specifying certain
   66         components of a digital curriculum; requiring student
   67         participation unless exempt due to written parental
   68         request; requiring curriculum standards and measures
   69         to assess student content knowledge and skills and
   70         learning gains; authorizing the Department of
   71         Education to develop a model to serve as a guide for
   72         school districts; providing for funding for a school
   73         district’s digital curriculum; providing that a school
   74         district that demonstrates high achievement in student
   75         competency in web communications and web design is
   76         eligible for certain financial incentives; requiring
   77         that the department and the Commissioner of Education
   78         establish procedures for statewide recognition of
   79         school districts and individual students; authorizing
   80         partnerships with private businesses and consultants;
   81         requiring that school district digital curriculum
   82         advisory committees be established; amending s.
   83         1003.428, F.S.; revising provisions relating to the
   84         general requirements for high school graduation;
   85         providing that a high school student may be exempt
   86         from intensive reading under certain circumstances;
   87         amending s. 1003.492, F.S.; revising provisions
   88         relating to industry-certified career education
   89         programs; requiring that rules adopted by the State
   90         Board of Education establish a process for weighing
   91         the value of industry certifications based on the
   92         rigor of the certification and its employment value to
   93         state businesses and industry; amending s. 1003.493,
   94         F.S.; revising provisions relating to career and
   95         professional academies to include middle schools;
   96         requiring that students who are completing a middle
   97         school career and professional academy program have an
   98         opportunity to earn an industry certification, high
   99         school credit, and participate in career planning, job
  100         shadowing, and leadership development opportunities;
  101         requiring that middle school career and professional
  102         academies align with high school career and
  103         professional academies; providing for partnerships
  104         with high schools, businesses, industry, employers,
  105         economic development organizations, and other local
  106         community partners; amending s. 1003.575, F.S.;
  107         revising provisions relating to assistive technology
  108         devices for young persons with disabilities to require
  109         that any school having an individualized education
  110         plan team arrange to complete an assistive technology
  111         assessment within a specified number of days after
  112         receiving a request for such assessment; amending s.
  113         1003.621, F.S.; removing an exemption provided for
  114         high-performing school districts from compliance with
  115         requirements to requisition instructional materials
  116         from the publisher’s depository; amending s. 1006.28,
  117         F.S.; revising provisions relating to the duties of
  118         district school boards to conform provisions to
  119         changes made by the act; amending s. 1006.29, F.S.;
  120         revising provisions relating to state instructional
  121         materials; replacing references to state instructional
  122         materials committees with state instructional
  123         materials reviewers; requiring that the Commissioner
  124         of Education appoint state or national experts to
  125         review and evaluate instructional materials; amending
  126         s. 1006.30, F.S.; revising provisions relating to the
  127         affidavit of state instructional materials reviewers
  128         to conform to changes made by the act; amending s.
  129         1006.31, F.S.; revising provisions relating to the
  130         duties of each state instructional materials reviewer
  131         to conform to changes made by the act; amending s.
  132         1006.32, F.S.; conforming provisions to changes made
  133         by the act; amending s. 1006.33, F.S.; revising
  134         provisions relating to bids or proposals of
  135         instructional materials to conform provisions to
  136         changes made by the act; amending s. 1006.34, F.S.;
  137         revising provisions relating to the commissioner’s
  138         powers and duties in selecting and adopting
  139         instructional materials; providing an exemption from
  140         the requirement that a rule having certain regulatory
  141         costs be ratified by the Legislature; providing for
  142         the Department of Education rather than the Department
  143         of Legal Affairs to prepare contracts for
  144         instructional materials; requiring that the contracts
  145         be executed by the Commissioner of Education rather
  146         than by the Governor and Secretary of State; amending
  147         s. 1006.35, F.S.; conforming provisions relating to
  148         the accuracy of instructional materials to changes
  149         made by the act; amending s. 1006.36, F.S.; revising
  150         the term of adoption of any instructional materials
  151         from a 6-year period to a 5-year period; repealing s.
  152         1006.37, F.S., relating to the requisition of
  153         instructional materials from a publisher’s depository;
  154         amending s. 1006.38, F.S.; revising provisions
  155         relating to the duties, responsibilities, and
  156         requirements of instructional materials publishers and
  157         manufacturers; requiring electronic delivery of copies
  158         to the Department of Education in accordance with
  159         procedures adopted by the State Board of Education;
  160         authorizing publishers to offer digital or electronic
  161         versions of instructional materials at reduced rates;
  162         amending s. 1006.39, F.S.; revising provisions
  163         relating to the production and dissemination of
  164         educational materials and products by the Department
  165         of Education to conform to changes made by the act;
  166         amending s. 1006.40, F.S.; revising provisions
  167         relating to the annual allocation for the purchase of
  168         digital, electronic, or web-based instructional
  169         materials; authorizing a district school board to
  170         purchase technology hardware using categorical funds
  171         for instructional materials under specified
  172         circumstances; amending s. 1006.43, F.S.; revising
  173         provisions relating to Department of Education’s
  174         expenses and annual legislative budget requests to
  175         conform to changes made by the act; amending s.
  176         1008.22, F.S.; revising provisions relating to the
  177         student assessment program for public schools;
  178         requiring that the Commissioner of Education direct
  179         school districts to participate in the administration
  180         of the National Assessment of Educational Progress or
  181         similar national or international assessment program;
  182         providing for future expiration of the requirement
  183         that school districts participate in international
  184         assessment programs; authorizing the school principal
  185         to exempt certain students from the end-of-course
  186         assessment in civics education; amending s. 1008.33,
  187         F.S.; revising provisions relating to public school
  188         improvement; requiring that the Department of
  189         Education categorize public schools based on the
  190         portion of a school’s grade that relies on statewide
  191         assessments; revising the categorization of the
  192         lowest-performing schools; amending s. 1008.34, F.S.;
  193         revising provisions relating to the designation of
  194         school grades to conform to changes made by the act;
  195         providing for assigning achievement scores and
  196         learning gains for students who are hospital or
  197         homebound; requiring that a school that does not meet
  198         minimal proficiency standards established by the State
  199         Board of Education receive a school grade of “F”;
  200         amending s. 1011.01, F.S.; revising provisions
  201         relating to the annual operating budgets of district
  202         school boards and community college boards of
  203         trustees; amending s. 1011.03, F.S.; revising
  204         provisions relating to tentative and final district
  205         school board budgets; requiring that an adopted budget
  206         be transmitted to the Department of Education;
  207         amending s. 1011.61, F.S.; redefining the term “full
  208         time equivalent student” as it relates to students in
  209         virtual instruction programs; amending s. 1011.62,
  210         F.S.; revising provisions relating to funds for the
  211         operation of schools; providing that the value of the
  212         full-time equivalent student membership be determined
  213         by weights adopted by the State Board of Education;
  214         conforming provisions; amending s. 1012.39, F.S.;
  215         revising provisions relating to the employment of
  216         nondegreed teachers of career education; requiring
  217         that qualifications be established for nondegreed
  218         teachers of career and technical education courses for
  219         state-recognized program clusters; providing effective
  220         dates.
  221  
  222  Be It Enacted by the Legislature of the State of Florida:
  223  
  224         Section 1. Paragraph (a) of subsection (4) of section
  225  1001.20, Florida Statutes, is amended to read:
  226         1001.20 Department under direction of state board.—
  227         (4) The Department of Education shall establish the
  228  following offices within the Office of the Commissioner of
  229  Education which shall coordinate their activities with all other
  230  divisions and offices:
  231         (a) Office of Technology and Information Services.
  232  Responsible for developing a systemwide technology plan, making
  233  budget recommendations to the commissioner, providing data
  234  collection and management for the system, assisting school
  235  districts in securing Internet access and telecommunications
  236  services, including those eligible for funding under the Schools
  237  and Libraries Program of the federal Universal Service Fund, and
  238  coordinating services with other state, local, and private
  239  agencies. The office shall develop a method to address the need
  240  for a statewide approach to planning and operations of library
  241  and information services to achieve a single K-20 education
  242  system library information portal and a unified higher education
  243  library management system. The Florida Virtual School shall be
  244  administratively housed within the office.
  245         Section 2. Subsection (23) of section 1001.42, Florida
  246  Statutes, is amended to read:
  247         1001.42 Powers and duties of district school board.—The
  248  district school board, acting as a board, shall exercise all
  249  powers and perform all duties listed below:
  250         (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
  251  to enroll in courses available through the Florida Virtual
  252  School and award credit for successful completion of such
  253  courses. Access shall be available to students during and or
  254  after the normal school day and through summer school
  255  enrollment.
  256         Section 3. Paragraph (b) of subsection (5) of section
  257  1002.33, Florida Statutes, is amended to read:
  258         1002.33 Charter schools.—
  259         (5) SPONSOR; DUTIES.—
  260         (b) Sponsor duties.—
  261         1.a. The sponsor shall monitor and review the charter
  262  school in its progress toward the goals established in the
  263  charter.
  264         b. The sponsor shall monitor the revenues and expenditures
  265  of the charter school and perform the duties provided in s.
  266  1002.345.
  267         c. The sponsor may approve a charter for a charter school
  268  before the applicant has identified space, equipment, or
  269  personnel, if the applicant indicates approval is necessary for
  270  it to raise working funds.
  271         d. The sponsor’s policies shall not apply to a charter
  272  school unless mutually agreed to by both the sponsor and the
  273  charter school.
  274         e. The sponsor shall ensure that the charter is innovative
  275  and consistent with the state education goals established by s.
  276  1000.03(5).
  277         f. The sponsor shall ensure that the charter school
  278  participates in the state’s education accountability system. If
  279  a charter school falls short of performance measures included in
  280  the approved charter, the sponsor shall report such shortcomings
  281  to the Department of Education.
  282         g. The sponsor shall not be liable for civil damages under
  283  state law for personal injury, property damage, or death
  284  resulting from an act or omission of an officer, employee,
  285  agent, or governing body of the charter school.
  286         h. The sponsor shall not be liable for civil damages under
  287  state law for any employment actions taken by an officer,
  288  employee, agent, or governing body of the charter school.
  289         i. The sponsor’s duties to monitor the charter school shall
  290  not constitute the basis for a private cause of action.
  291         j. The sponsor shall not impose additional reporting
  292  requirements on a charter school without providing reasonable
  293  and specific justification in writing to the charter school.
  294         2. Immunity for the sponsor of a charter school under
  295  subparagraph 1. applies only with respect to acts or omissions
  296  not under the sponsor’s direct authority as described in this
  297  section.
  298         3. This paragraph does not waive a district school board’s
  299  sovereign immunity.
  300         4. A community college may work with the school district or
  301  school districts in its designated service area to operate
  302  develop charter schools that offer secondary education. These
  303  Charter schools may must include an option for secondary
  304  students to receive an associate degree upon high school
  305  graduation. District school boards shall cooperate with and
  306  assist the community college on the charter application.
  307  Community college applications for charter schools are not
  308  subject to the time deadlines outlined in subsection (6) and may
  309  be approved by the district school board at any time during the
  310  year. Community colleges may not report FTE for any students who
  311  receive FTE funding through the Florida Education Finance
  312  Program.
  313         Section 4. Paragraph (a) of subsection (1) of section
  314  1002.37, Florida Statutes, is amended to read:
  315         1002.37 The Florida Virtual School.—
  316         (1)(a) The Florida Virtual School is established for the
  317  development and delivery of online and distance learning
  318  education and shall be administratively housed within the
  319  Commissioner of Education’s Office of Technology and Information
  320  Services. The Commissioner of Education shall monitor the
  321  school’s performance and report its performance to the State
  322  Board of Education and the Legislature.
  323  
  324  The board of trustees of the Florida Virtual School shall
  325  identify appropriate performance measures and standards based on
  326  student achievement that reflect the school’s statutory mission
  327  and priorities, and shall implement an accountability system for
  328  the school that includes assessment of its effectiveness and
  329  efficiency in providing quality services that encourage high
  330  student achievement, seamless articulation, and maximum access.
  331         Section 5. Paragraph (f) is added to subsection (3) of
  332  section 1002.38, Florida Statutes, to read:
  333         1002.38 Opportunity Scholarship Program.—
  334         (3) SCHOOL DISTRICT OBLIGATIONS.—
  335         (f) For purposes of this subsection, school grades for all
  336  schools shall be based upon statewide assessments administered
  337  pursuant to s. 1008.22.
  338         Section 6. Paragraph (b) of subsection (2) of section
  339  1002.45, Florida Statutes, is amended to read:
  340         1002.45 School district virtual instruction programs.—
  341         (2) PROVIDER QUALIFICATIONS.—
  342         (b) An approved provider shall retain its approved status
  343  during the 3 school years for a period of 3 years after the date
  344  of the department’s approval under paragraph (a) as long as the
  345  provider continues to comply with all requirements of this
  346  section.
  347         Section 7. Subsection (1) and paragraph (c) of subsection
  348  (3) of section 1002.67, Florida Statutes, are amended to read:
  349         1002.67 Performance standards; curricula and
  350  accountability.—
  351         (1) By April 1, 2005, the department shall develop and
  352  adopt performance standards for students in the Voluntary
  353  Prekindergarten Education Program. The performance standards
  354  must address the age-appropriate progress of students in the
  355  development of:
  356         (a) The capabilities, capacities, and skills required under
  357  s. 1(b), Art. IX of the State Constitution; and
  358         (b) Emergent literacy skills, including oral communication,
  359  knowledge of print and letters, phonemic and phonological
  360  awareness, and vocabulary and comprehension development.
  361         (c) The State Board of Education shall periodically review
  362  and revise the performance standards for the statewide
  363  kindergarten screening administered under s. 1002.69 and align
  364  the standards to the standards established by the board for the
  365  expectations of student performance on the statewide assessments
  366  administered pursuant to s. 1008.22.
  367         (3)
  368         (c)1. If the kindergarten readiness rate of a private
  369  prekindergarten provider or public school falls below the
  370  minimum rate adopted by the State Board of Education as
  371  satisfactory under s. 1002.69(6), the early learning coalition
  372  or school district, as applicable, shall require the provider or
  373  school to submit an improvement plan for approval by the
  374  coalition or school district, as applicable, and to implement
  375  the plan.
  376         2. If a private prekindergarten provider or public school
  377  fails to meet the minimum rate adopted by the State Board of
  378  Education as satisfactory under s. 1002.69(6) for 2 consecutive
  379  years, the early learning coalition or school district, as
  380  applicable, shall place the provider or school on probation and
  381  must require the provider or school to take certain corrective
  382  actions, including the use of a curriculum approved by the
  383  department under paragraph (2)(c) and requiring newly admitted
  384  voluntary prekindergarten program students to complete the
  385  statewide voluntary prekindergarten enrollment screening, for
  386  which the provider must pay.
  387         3. A private prekindergarten provider or public school that
  388  is placed on probation must continue the corrective actions
  389  required under subparagraph 2., including the use of a
  390  curriculum approved by the department, until the provider or
  391  school meets the minimum rate adopted by the State Board of
  392  Education as satisfactory under s. 1002.69(6).
  393         4. If a private prekindergarten provider or public school
  394  remains on probation for 2 consecutive years and fails to meet
  395  the minimum rate adopted by the State Board of Education as
  396  satisfactory under s. 1002.69(6) and is not granted a good cause
  397  exemption by the department pursuant to s. 1002.69(7), the
  398  Agency for Workforce Innovation shall require the early learning
  399  coalition or the Department of Education shall require the
  400  school district to remove, as applicable, the provider or school
  401  from eligibility to deliver the Voluntary Prekindergarten
  402  Education Program and receive state funds for the program.
  403         Section 8. Subsections (1), (2), (3), (4), and (6) and
  404  paragraph (c) of subsection (7) of section 1002.69, Florida
  405  Statutes, are amended to read:
  406         1002.69 Statewide kindergarten screening; kindergarten
  407  readiness rates.—
  408         (1) The department shall adopt a statewide kindergarten
  409  screening that assesses the readiness of each student for
  410  kindergarten based upon the performance standards adopted by the
  411  department under s. 1002.67(1) for the Voluntary Prekindergarten
  412  Education Program. The department shall also adopt a statewide
  413  voluntary prekindergarten enrollment screening that assesses the
  414  readiness of each student for kindergarten upon entry into a
  415  voluntary prekindergarten program, for which the voluntary
  416  prekindergarten provider must pay. The department shall require
  417  that each school district administer the statewide kindergarten
  418  screening to each kindergarten student in the school district
  419  within the first 30 school days of each school year and shall
  420  require each early learning coalition to administer the
  421  statewide voluntary prekindergarten enrollment screening in
  422  accordance with this section.
  423         (2) The statewide voluntary prekindergarten enrollment
  424  screening and the kindergarten screening shall provide objective
  425  data concerning each student’s readiness for kindergarten and
  426  progress in attaining the performance standards adopted by the
  427  department under s. 1002.67(1).
  428         (3) The statewide voluntary prekindergarten enrollment
  429  screening and the kindergarten screening shall incorporate
  430  mechanisms for recognizing potential variations in kindergarten
  431  readiness rates for students with disabilities.
  432         (4) Each parent who enrolls his or her child in the
  433  Voluntary Prekindergarten Education Program must submit the
  434  child for the statewide kindergarten screening, regardless of
  435  whether the child is admitted to kindergarten in a public school
  436  or nonpublic school. Each parent who enrolls his or her child in
  437  a voluntary prekindergarten education program must submit the
  438  child for statewide voluntary prekindergarten enrollment
  439  screening if required by the provider. Each school district
  440  shall designate sites to administer the statewide kindergarten
  441  screening for children admitted to kindergarten in a nonpublic
  442  school.
  443         (6)(a) The State Board of Education shall periodically
  444  adopt a minimum kindergarten readiness rate that, if achieved by
  445  a private prekindergarten provider or public school, would
  446  demonstrate the provider’s or school’s satisfactory delivery of
  447  the Voluntary Prekindergarten Education Program.
  448         (b) The minimum rate must not exceed the rate at which more
  449  than 15 percent of the kindergarten readiness rates of all
  450  private prekindergarten providers and public schools delivering
  451  the Voluntary Prekindergarten Education Program in the state
  452  would fall below the minimum rate.
  453         (7)
  454         (c) The State Board of Education shall adopt criteria for
  455  granting good cause exemptions. Such criteria shall include, but
  456  are not limited to:
  457         1. Learning gains of children served in the Voluntary
  458  Prekindergarten Education Program by the private prekindergarten
  459  provider or public school.
  460         2. Verification that the private prekindergarten provider
  461  or public school serves at least twice the statewide percentage
  462  of children with disabilities as defined in s. 1003.01(3)(a) or
  463  children identified as limited English proficient as defined in
  464  s. 1003.56.
  465         2.3. Verification that local and state health and safety
  466  requirements are met.
  467         Section 9. Subsection (2) of section 1002.73, Florida
  468  Statutes, is amended to read:
  469         1002.73 Department of Education; powers and duties;
  470  accountability requirements.—
  471         (2) The department shall adopt procedures for its:
  472         (a) Approval of prekindergarten director credentials under
  473  ss. 1002.55 and 1002.57.
  474         (b) Approval of emergent literacy training courses under
  475  ss. 1002.55 and 1002.59.
  476         (c) Administration of the statewide kindergarten screening
  477  and calculation of kindergarten readiness rates under s.
  478  1002.69.
  479         (d) Adoption of the statewide voluntary prekindergarten
  480  enrollment screening, associated fee schedule, and the process
  481  for determining learning gains of students who complete the
  482  statewide voluntary prekindergarten enrollment screening and the
  483  statewide kindergarten screening.
  484         (e)(d) Approval of specialized instructional services
  485  providers under s. 1002.66.
  486         (f)(e) Granting of a private prekindergarten provider’s or
  487  public school’s request for a good cause exemption under s.
  488  1002.69(7).
  489         Section 10. Paragraph (c) of subsection (4) of section
  490  1003.03, Florida Statutes, is amended to read:
  491         1003.03 Maximum class size.—
  492         (4) ACCOUNTABILITY.—
  493         (c) In lieu of the reduction calculation in paragraph (a),
  494  if a district school board produces the Commissioner of
  495  Education has evidence that it a district was unable to meet the
  496  class size requirements despite appropriate efforts to do so or
  497  because of an extreme emergency, the reduction of an alternate
  498  amount of funds from the district’s class size categorical
  499  allocation may be recommended by the State Board of Education
  500  commissioner may recommend by February 15, for approval by
  501  subject to approval of the Legislative Budget Commission, the
  502  reduction of an alternate amount of funds from the district’s
  503  class size categorical allocation.
  504         Section 11. Subsection (1) of section 1003.4156, Florida
  505  Statutes, is amended to read:
  506         1003.4156 General requirements for middle grades
  507  promotion.—
  508         (1) Beginning with students entering grade 6 in the 2006
  509  2007 school year, promotion from a school composed of middle
  510  grades 6, 7, and 8 requires that:
  511         (a) The student must successfully complete academic courses
  512  as follows:
  513         1. Three middle school or higher courses in English. These
  514  courses shall emphasize literature, composition, and technical
  515  text.
  516         2. Three middle school or higher courses in mathematics.
  517  Each middle school must offer at least one high school level
  518  mathematics course for which students may earn high school
  519  credit. Successful completion of a high school level Algebra I
  520  or geometry course is not contingent upon the student’s
  521  performance on the end-of-course assessment required under s.
  522  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  523  school year, to earn high school credit for an Algebra I course,
  524  a middle school student must pass the Algebra I end-of-course
  525  assessment, and beginning with the 2012-2013 school year, to
  526  earn high school credit for a geometry course, a middle school
  527  student must pass the geometry end-of-course assessment.
  528         3. Three middle school or higher courses in social studies,
  529  one semester of which must include the study of state and
  530  federal government and civics education. Beginning with students
  531  entering grade 6 in the 2012-2013 school year, one of these
  532  courses must be at least a one-semester civics education course
  533  that a student successfully completes in accordance with s.
  534  1008.22(3)(c) and that includes the roles and responsibilities
  535  of federal, state, and local governments; the structures and
  536  functions of the legislative, executive, and judicial branches
  537  of government; and the meaning and significance of historic
  538  documents, such as the Articles of Confederation, the
  539  Declaration of Independence, and the Constitution of the United
  540  States.
  541         4. Three middle school or higher courses in science.
  542  Successful completion of a high school level Biology I course is
  543  not contingent upon the student’s performance on the end-of
  544  course assessment required under s. 1008.22(3)(c)2.a.(II).
  545  However, beginning with the 2012-2013 school year, to earn high
  546  school credit for a Biology I course, a middle school student
  547  must pass the Biology I end-of-course assessment.
  548         5. One course in career and education planning to be
  549  completed in 7th or 8th grade. The course may be taught by any
  550  member of the instructional staff; must include career
  551  exploration using Florida CHOICES or a comparable cost-effective
  552  program; must include educational planning using the online
  553  student advising system known as Florida Academic Counseling and
  554  Tracking for Students at the Internet website FACTS.org; and
  555  shall result in the completion of a personalized academic and
  556  career plan. The required personalized academic and career plan
  557  must inform students of high school graduation requirements,
  558  high school assessment and college entrance test requirements,
  559  Florida Bright Futures Scholarship Program requirements, state
  560  university and Florida college admission requirements, and
  561  programs through which a high school student can earn college
  562  credit, including Advanced Placement, International
  563  Baccalaureate, Advanced International Certificate of Education,
  564  dual enrollment, career academy opportunities, and courses that
  565  lead to national industry certification.
  566  
  567  A student with a disability, as defined in s. 1007.02(2), for
  568  whom the individual education plan committee determines that the
  569  end-of-course assessment cannot accurately measure the student’s
  570  abilities, taking into consideration all allowable
  571  accommodations, shall have the end-of-course assessment results
  572  waived for purposes of determining the student’s course grade
  573  and completing the requirements for middle grades promotion.
  574  Each school must hold a parent meeting either in the evening or
  575  on a weekend to inform parents about the course curriculum and
  576  activities. Each student shall complete an electronic personal
  577  education plan that must be signed by the student; the student’s
  578  instructor, guidance counselor, or academic advisor; and the
  579  student’s parent. The Department of Education shall develop
  580  course frameworks and professional development materials for the
  581  career exploration and education planning course. The course may
  582  be implemented as a stand-alone course or integrated into
  583  another course or courses. The Commissioner of Education shall
  584  collect longitudinal high school course enrollment data by
  585  student ethnicity in order to analyze course-taking patterns.
  586         (b) For each year in which a student scores at Level l on
  587  FCAT Reading, the student must be enrolled in and complete an
  588  intensive reading course the following year. Placement of Level
  589  2 readers in either an intensive reading course or a content
  590  area course in which reading strategies are delivered shall be
  591  determined by diagnosis of reading needs. The department shall
  592  provide guidance on appropriate strategies for diagnosing and
  593  meeting the varying instructional needs of students reading
  594  below grade level. Reading courses shall be designed and offered
  595  pursuant to the comprehensive reading plan required by s.
  596  1011.62(9). A middle grades student who scores at Level 1 or
  597  Level 2 on FCAT Reading, but who did not score below Level 3 the
  598  year before may be granted an exemption from the reading
  599  remediation requirements. A student may be granted a 1-year
  600  exemption from intensive reading; however, the student must have
  601  an approved academic improvement plan already in place and
  602  signed by the school and a parent or guardian for the year that
  603  the exemption is granted.
  604         (c) For each year in which a student scores at Level 1 or
  605  Level 2 on FCAT Mathematics, the student must receive
  606  remediation the following year, which may be integrated into the
  607  student’s required mathematics course.
  608         Section 12. Section 1003.4203, Florida Statutes, is created
  609  to read:
  610         1003.4203 Digital curriculum.—
  611         (1) Each district school board, in consultation with the
  612  district school superintendent, shall develop and implement a
  613  digital curriculum for students in grades 5 through 12 to enable
  614  students to attain competencies in web communications and web
  615  design. For purposes of this section, a digital curriculum
  616  includes, but is not limited to, instruction in:
  617         (a) Web-based skills, web-based core technologies, and web
  618  design.
  619         (b) Hypertext markup language, ColdFusion, and JavaScript
  620  as core elements in web design.
  621         (2)(a) The digital curriculum shall be required instruction
  622  for each student in grades 5 through 12 but may not be a
  623  requirement for high school graduation. Instruction may be
  624  integrated into middle school and high school subject area
  625  curricula or offered as a separate course subject to available
  626  funding.
  627         (b) A student is exempt from participation in the digital
  628  curriculum required under this section if the student’s parent
  629  submits to the district school board and the school principal a
  630  written request for the exemption.
  631         (3) Each district school board shall establish:
  632         (a) Digital curriculum standards and measures to assess
  633  student content knowledge and skills and learning gains.
  634         (b) Innovative approaches to help students achieve
  635  competency and master design.
  636         (4) The Department of Education may develop a model digital
  637  curriculum to serve as a guide for district school boards in the
  638  development of a digital curriculum.
  639         (5)(a) School improvement funds allocated to a school
  640  district and other funds available to the district shall be used
  641  to fund the digital curriculum.
  642         (b) Capital improvement funds allocated to a school
  643  district may be used to purchase equipment or software and to
  644  hire technical consultants to meet the requirements of this
  645  section.
  646         (c) A school district that demonstrates high achievement in
  647  student competency in web communications and web design based on
  648  assessment of student content knowledge and skills and learning
  649  gains is eligible for financial incentives as determined by the
  650  Legislature.
  651         (6) The Department of Education shall establish an annual
  652  statewide competition between school districts to recognize
  653  innovative web designs and innovative use of web-based
  654  technologies to improve communication and commerce. The
  655  Commissioner of Education shall develop a procedure for
  656  statewide recognition of school district winners and individual
  657  students who have demonstrated high achievement in web-based
  658  knowledge and skills.
  659         (7) A district school board may seek partnerships with
  660  private businesses and consultants to offer classes and
  661  instruction to teachers and students to assist the school
  662  district in meeting the requirements of this section.
  663         (8) Each district school board shall establish a digital
  664  curriculum advisory committee that includes professionals from
  665  the community who are knowledgeable in web design and related
  666  technologies, school principals, teachers, students, and
  667  parents. The advisory committee shall evaluate ongoing school
  668  district efforts to comply with this section and make
  669  recommendations to the district school superintendent and
  670  district school board.
  671         Section 13. Subsection (2) of section 1003.428, Florida
  672  Statutes, is amended to read:
  673         1003.428 General requirements for high school graduation;
  674  revised.—
  675         (2) The 24 credits may be earned through applied,
  676  integrated, and combined courses approved by the Department of
  677  Education. The 24 credits shall be distributed as follows:
  678         (a) Sixteen core curriculum credits:
  679         1. Four credits in English, with major concentration in
  680  composition, reading for information, and literature.
  681         2. Four credits in mathematics, one of which must be
  682  Algebra I, a series of courses equivalent to Algebra I, or a
  683  higher-level mathematics course. Beginning with students
  684  entering grade 9 in the 2010-2011 school year, in addition to
  685  the Algebra I credit requirement, one of the four credits in
  686  mathematics must be geometry or a series of courses equivalent
  687  to geometry as approved by the State Board of Education.
  688  Beginning with students entering grade 9 in the 2010-2011 school
  689  year, the end-of-course assessment requirements under s.
  690  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  691  the required credit in Algebra I. Beginning with students
  692  entering grade 9 in the 2011-2012 school year, the end-of-course
  693  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  694  met in order for a student to earn the required credit in
  695  geometry. Beginning with students entering grade 9 in the 2012
  696  2013 school year, in addition to the Algebra I and geometry
  697  credit requirements, one of the four credits in mathematics must
  698  be Algebra II or a series of courses equivalent to Algebra II as
  699  approved by the State Board of Education.
  700         3. Three credits in science, two of which must have a
  701  laboratory component. Beginning with students entering grade 9
  702  in the 2011-2012 school year, one of the three credits in
  703  science must be Biology I or a series of courses equivalent to
  704  Biology I as approved by the State Board of Education. Beginning
  705  with students entering grade 9 in the 2011-2012 school year, the
  706  end-of-course assessment requirements under s.
  707  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  708  the required credit in Biology I. Beginning with students
  709  entering grade 9 in the 2013-2014 school year, one of the three
  710  credits must be Biology I or a series of courses equivalent to
  711  Biology I as approved by the State Board of Education, one
  712  credit must be chemistry or physics or a series of courses
  713  equivalent to chemistry or physics as approved by the State
  714  Board of Education, and one credit must be an equally rigorous
  715  course, as determined by the State Board of Education.
  716         4. Three credits in social studies as follows: one credit
  717  in United States history; one credit in world history; one-half
  718  credit in economics; and one-half credit in United States
  719  government.
  720         5. One credit in fine or performing arts, speech and
  721  debate, or a practical arts course that incorporates artistic
  722  content and techniques of creativity, interpretation, and
  723  imagination. Eligible practical arts courses shall be identified
  724  through the Course Code Directory.
  725         6. One credit in physical education to include integration
  726  of health. Participation in an interscholastic sport at the
  727  junior varsity or varsity level for two full seasons shall
  728  satisfy the one-credit requirement in physical education if the
  729  student passes a competency test on personal fitness with a
  730  score of “C” or better. The competency test on personal fitness
  731  must be developed by the Department of Education. A district
  732  school board may not require that the one credit in physical
  733  education be taken during the 9th grade year. Completion of one
  734  semester with a grade of “C” or better in a marching band class,
  735  in a physical activity class that requires participation in
  736  marching band activities as an extracurricular activity, or in a
  737  dance class shall satisfy one-half credit in physical education
  738  or one-half credit in performing arts. This credit may not be
  739  used to satisfy the personal fitness requirement or the
  740  requirement for adaptive physical education under an individual
  741  education plan (IEP) or 504 plan. Completion of 2 years in a
  742  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  743  component of which is drills, shall satisfy the one-credit
  744  requirement in physical education and the one-credit requirement
  745  in performing arts. This credit may not be used to satisfy the
  746  personal fitness requirement or the requirement for adaptive
  747  physical education under an individual education plan (IEP) or
  748  504 plan.
  749         (b) Eight credits in electives.
  750         1. For each year in which a student scores at Level 1 on
  751  FCAT Reading, the student must be enrolled in and complete an
  752  intensive reading course the following year. Placement of Level
  753  2 readers in either an intensive reading course or a content
  754  area course in which reading strategies are delivered shall be
  755  determined by diagnosis of reading needs. The department shall
  756  provide guidance on appropriate strategies for diagnosing and
  757  meeting the varying instructional needs of students reading
  758  below grade level. Reading courses shall be designed and offered
  759  pursuant to the comprehensive reading plan required by s.
  760  1011.62(9).
  761         2. For each year in which a student scores at Level 1 or
  762  Level 2 on FCAT Mathematics, the student must receive
  763  remediation the following year. These courses may be taught
  764  through applied, integrated, or combined courses and are subject
  765  to approval by the department for inclusion in the Course Code
  766  Directory.
  767  
  768  A high school student who scores at Level 1 or Level 2 on FCAT
  769  Reading but who did not score below Level 3 the year before may
  770  be granted an exemption from intensive reading. A student may be
  771  granted a 1-year exemption from intensive reading; however, the
  772  student must have an approved academic improvement plan already
  773  in place and signed by the school and a parent or guardian for
  774  the year the exemption is granted.
  775         Section 14. Subsection (1) of section 1003.492, Florida
  776  Statutes, is amended to read:
  777         1003.492 Industry-certified career education programs.—
  778         (2) The State Board of Education shall use the expertise of
  779  Workforce Florida, Inc., and Enterprise Florida, Inc., to
  780  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
  781  for implementing an industry certification process. The rules
  782  must establish a process for weighing the value of industry
  783  certifications based on the rigor of the certification and its
  784  employment value to state businesses and industry. Industry
  785  certification shall be defined by the Agency for Workforce
  786  Innovation, based upon the highest available national standards
  787  for specific industry certification, to ensure student skill
  788  proficiency and to address emerging labor market and industry
  789  trends. A regional workforce board or a career and professional
  790  academy may apply to Workforce Florida, Inc., to request
  791  additions to the approved list of industry certifications based
  792  on high-demand job requirements in the regional economy. The
  793  list of industry certifications approved by Workforce Florida,
  794  Inc., and the Department of Education shall be published and
  795  updated annually by a date certain, to be included in the
  796  adopted rule.
  797         Section 15. Section 1003.493, Florida Statutes, is amended
  798  to read:
  799         1003.493 Career and professional academies.—
  800         (1) A “career and professional academy” is a research-based
  801  program that integrates a rigorous academic curriculum with an
  802  industry-specific curriculum aligned directly to priority
  803  workforce needs established by the regional workforce board.
  804  Career and professional academies shall be offered by public
  805  schools and school districts. The Florida Virtual School is
  806  encouraged to develop and offer rigorous career and professional
  807  courses as appropriate. Students completing high school career
  808  and professional academy programs must receive a standard high
  809  school diploma, the highest available industry certification,
  810  and opportunities to earn postsecondary credit if the academy
  811  partners with a postsecondary institution approved to operate in
  812  the state. Students completing a middle school career and
  813  professional academy program must have the opportunity to earn
  814  an industry certification, earn high school credit, and
  815  participate in career planning, job shadowing, and leadership
  816  development opportunities.
  817         (2) The goals of a career and professional academy are to:
  818         (a) Increase student academic achievement and graduation
  819  rates through integrated academic and career curricula.
  820         (b) Prepare graduating high school students to make
  821  appropriate choices relative to employment and future
  822  educational experiences.
  823         (c) Focus on career preparation through rigorous academics
  824  and industry certification.
  825         (d) Raise student aspiration and commitment to academic
  826  achievement and work ethics through relevant coursework.
  827         (e) Support graduation requirements pursuant to s. 1003.428
  828  by providing creative, applied major areas of interest.
  829         (f) Promote acceleration mechanisms, such as dual
  830  enrollment, articulated credit, or occupational completion
  831  points, so that students may earn postsecondary credit while in
  832  high school.
  833         (g) Support the state’s economy by meeting industry needs
  834  for skilled employees in high-demand occupations.
  835         (3) Existing career education courses may serve as a
  836  foundation for the creation of a career and professional
  837  academy. A career and professional academy may be offered as one
  838  of the following small learning communities:
  839         (a) A school-within-a-school career academy, as part of an
  840  existing middle school or high school, that provides courses in
  841  one occupational cluster. Students in the middle school or high
  842  school are not required to be students in the academy.
  843         (b) A total school configuration providing multiple
  844  academies, each structured around an occupational cluster. Every
  845  student in the school is in an academy.
  846         (4) Each middle school or high school career and
  847  professional academy must:
  848         (a) provide a rigorous standards-based academic curriculum
  849  integrated with a career curriculum. The curriculum must take
  850  into consideration multiple styles of student learning; promote
  851  learning by doing through application and adaptation; maximize
  852  relevance of the subject matter; enhance each student’s capacity
  853  to excel; and include an emphasis on work habits and work
  854  ethics.
  855         (5)(b)Each middle school or high school career and
  856  professional academy must include one or more partnerships with
  857  postsecondary institutions, businesses, industry, employers,
  858  economic development organizations, or other appropriate
  859  partners from the local community. Such partnerships shall be
  860  delineated in articulation agreements to provide for career
  861  based courses that earn postsecondary credit. Such agreements
  862  may include articulation between the academy and public or
  863  private 2-year and 4-year postsecondary institutions and
  864  technical centers. The Department of Education, in consultation
  865  with the Board of Governors, shall establish a mechanism to
  866  ensure articulation and transfer of credits to postsecondary
  867  institutions in this state. Such partnerships must provide
  868  opportunities for:
  869         (a)1. Instruction from highly skilled professionals who
  870  possess industry-certification credentials for courses they are
  871  teaching.
  872         (b)2. Internships, externships, and on-the-job training.
  873         (c)3. A postsecondary degree, diploma, or certificate.
  874         (d)4. The highest available level of industry
  875  certification.
  876         (e)5. Maximum articulation of credits pursuant to s.
  877  1007.23 upon program completion.
  878         (6)(c)Each middle school or high school career and
  879  professional academy must:
  880         (a) Provide shared, maximum use of private sector
  881  facilities and personnel.
  882         (b)(d) Provide personalized student advisement, including a
  883  parent-participation component, and coordination with middle
  884  schools to promote and support career exploration and education
  885  planning as required under s. 1003.4156. Coordination with
  886  middle schools must provide information to middle school
  887  students about secondary and postsecondary career education
  888  programs and academies.
  889         (c)(e) Promote and provide opportunities for career and
  890  professional academy students to attain, at minimum, the Florida
  891  Gold Seal Vocational Scholars award pursuant to s. 1009.536.
  892         (d)(f) Provide instruction in careers designated as high
  893  growth, high demand, and high pay by the local workforce
  894  development board, the chamber of commerce, or the Agency for
  895  Workforce Innovation.
  896         (e)(g) Deliver academic content through instruction
  897  relevant to the career, including intensive reading and
  898  mathematics intervention required by s. 1003.428, with an
  899  emphasis on strengthening reading for information skills.
  900         (f)(h) Offer applied courses that combine academic content
  901  with technical skills.
  902         (g)(i) Provide instruction resulting in competency,
  903  certification, or credentials in workplace skills, including,
  904  but not limited to, communication skills, interpersonal skills,
  905  decisionmaking skills, the importance of attendance and
  906  timeliness in the work environment, and work ethics.
  907         (h)(j) Provide opportunities for students to obtain the
  908  Florida Ready to Work Certification pursuant to s. 1004.99, if
  909  available.
  910         (i)(k) Include an evaluation plan developed jointly with
  911  the Department of Education and the local workforce board. The
  912  evaluation plan must include an assessment tool based on
  913  national industry standards, such as the Career Academy National
  914  Standards of Practice, and outcome measures, including, but not
  915  limited to, achievement of national industry certifications
  916  identified in the Industry Certification Funding List, pursuant
  917  to rules adopted by the State Board of Education, graduation
  918  rates, enrollment in postsecondary education, business and
  919  industry satisfaction, employment and earnings, awards of
  920  postsecondary credit and scholarships, and student achievement
  921  levels and learning gains on statewide assessments administered
  922  under s. 1008.22(3)(c). The Department of Education shall use
  923  Workforce Florida, Inc., and Enterprise Florida, Inc., in
  924  identifying industry experts to participate in developing and
  925  implementing such assessments.
  926         (j)(l) Include a plan to sustain career and professional
  927  academies.
  928         (k)(m) Redirect appropriated career funding to career and
  929  professional academies.
  930         (7)(5) All high school career courses offered in a career
  931  and professional academy must lead to industry certification or
  932  college credit linked directly to the career theme of the
  933  course. Fifty At least 50 percent of students enrolled in a
  934  career course must achieve industry certifications or college
  935  credits during the second year the course is offered in order
  936  for the course to be offered a third year. At least 66 percent
  937  of students enrolled in such a course must achieve industry
  938  certifications or college credits during the third year the
  939  course is offered in order for it to be offered a fourth year
  940  and thereafter.
  941         (8) Each middle school career and professional academy must
  942  be aligned with high school career and professional academies
  943  offered in the school district and include one or more
  944  partnerships with high schools, businesses, industry, employers,
  945  economic development organizations, or other appropriate
  946  partners from the local community. Such partnerships must
  947  provide opportunities for:
  948         (a) Instruction from highly skilled professionals who
  949  possess industry-certification credentials for courses they are
  950  teaching.
  951         (b) Internships and externships
  952         (c) Maximum articulation of high school dual enrollment
  953  credits upon program completion.
  954         (d) Personalized student advisement, including a parent
  955  participation component, and coordination with high schools to
  956  promote accelerated course credit
  957         (e) Instruction in careers designated as high growth, high
  958  demand, and high pay by the local workforce development board,
  959  the chamber of commerce, or the Agency for Workforce Innovation.
  960         (f) The delivery of academic content through instruction
  961  that is relevant to a career, including intensive reading and
  962  mathematics intervention required by s. 1003.428, along with an
  963  emphasis on strengthening reading for information skills.
  964         (g) Applied courses that combine academic content with
  965  technical skills.
  966         (h) Instruction resulting in competency, including, but not
  967  limited to, communication skills, interpersonal skills,
  968  decisionmaking skills, the importance of attendance and
  969  timeliness in the work environment, and work ethics.
  970         (i) An evaluation plan developed jointly with the
  971  Department of Education and the local workforce board. The
  972  Department of Education shall use Workforce Florida, Inc., and
  973  Enterprise Florida, Inc., in identifying industry experts to
  974  participate in developing and implementing such assessments.
  975         (9)(6) The Okaloosa County School District CHOICE
  976  Institutes shall serve in an advisory role and shall offer
  977  technical assistance in the development of newly established
  978  career and professional academies for a 3-year period beginning
  979  July 1, 2007.
  980         Section 16. Section 1003.575, Florida Statutes, is amended
  981  to read:
  982         1003.575 Assistive technology devices; findings;
  983  interagency agreements.—Accessibility, utilization, and
  984  coordination of appropriate assistive technology devices and
  985  services are essential as a young person with disabilities moves
  986  from early intervention to preschool, from preschool to school,
  987  from one school to another, and from school to employment or
  988  independent living. Within 60 to 90 days after receiving a
  989  request for an assistive technology assessment, any school that
  990  has an individualized education plan team shall arrange to
  991  complete the assessment. To ensure that an assistive technology
  992  device issued to a young person as part of his or her
  993  individualized family support plan, individual support plan, or
  994  an individual education plan remains with the individual through
  995  such transitions, the following agencies shall enter into
  996  interagency agreements, as appropriate, to ensure the
  997  transaction of assistive technology devices:
  998         (1) The Florida Infants and Toddlers Early Intervention
  999  Program in the Division of Children’s Medical Services of the
 1000  Department of Health.
 1001         (2) The Division of Blind Services, the Bureau of
 1002  Exceptional Education and Student Services, and the Division of
 1003  Vocational Rehabilitation of the Department of Education.
 1004         (3) The Voluntary Prekindergarten Education Program
 1005  administered by the Department of Education and the Agency for
 1006  Workforce Innovation.
 1007  
 1008  Interagency agreements entered into pursuant to this section
 1009  shall provide a framework for ensuring that young persons with
 1010  disabilities and their families, educators, and employers are
 1011  informed about the utilization and coordination of assistive
 1012  technology devices and services that may assist in meeting
 1013  transition needs, and shall establish a mechanism by which a
 1014  young person or his or her parent may request that an assistive
 1015  technology device remain with the young person as he or she
 1016  moves through the continuum from home to school to postschool.
 1017         Section 17. Subsection (2) of section 1003.621, Florida
 1018  Statutes, is amended to read:
 1019         1003.621 Academically high-performing school districts.—It
 1020  is the intent of the Legislature to recognize and reward school
 1021  districts that demonstrate the ability to consistently maintain
 1022  or improve their high-performing status. The purpose of this
 1023  section is to provide high-performing school districts with
 1024  flexibility in meeting the specific requirements in statute and
 1025  rules of the State Board of Education.
 1026         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
 1027  high-performing school district shall comply with all of the
 1028  provisions in chapters 1000-1013, and rules of the State Board
 1029  of Education which implement these provisions, pertaining to the
 1030  following:
 1031         (a) Those statutes pertaining to the provision of services
 1032  to students with disabilities.
 1033         (b) Those statutes pertaining to civil rights, including s.
 1034  1000.05, relating to discrimination.
 1035         (c) Those statutes pertaining to student health, safety,
 1036  and welfare.
 1037         (d) Those statutes governing the election or compensation
 1038  of district school board members.
 1039         (e) Those statutes pertaining to the student assessment
 1040  program and the school grading system, including chapter 1008.
 1041         (f) Those statutes pertaining to financial matters,
 1042  including chapter 1010, except that s. 1010.20(3)(a)1., 2., and
 1043  3., relating to the required program expenditure levels, are
 1044  eligible for exemption.
 1045         (g) Those statutes pertaining to planning and budgeting,
 1046  including chapter 1011, except s. 1011.62(9)(d), relating to the
 1047  requirement for a comprehensive reading plan. A district that is
 1048  exempt from submitting this plan shall be deemed approved to
 1049  receive the research-based reading instruction allocation.
 1050         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
 1051  differentiated pay and performance-pay policies for school
 1052  administrators and instructional personnel. Professional service
 1053  contracts are subject to the provisions of ss. 1012.33 and
 1054  1012.34.
 1055         (i) Those statutes pertaining to educational facilities,
 1056  including chapter 1013, except that s. 1013.20, relating to
 1057  covered walkways for portables, and s. 1013.21, relating to the
 1058  use of relocatable facilities that exceed 20 years of age, are
 1059  eligible for exemption.
 1060         (j) Those statutes relating to instructional materials,
 1061  except that s. 1006.37, relating to the requisition of state
 1062  adopted materials from the depository under contract with the
 1063  publisher, and s. 1006.40(3)(a), relating to the use of 50
 1064  percent of the instructional materials allocation, shall be
 1065  eligible for exemption.
 1066         (k) This section.
 1067         Section 18. Subsection (1), paragraph (a) of subsection
 1068  (2), and paragraphs (b) and (e) of subsection (3) of section
 1069  1006.28, Florida Statutes, are amended to read:
 1070         1006.28 Duties of district school board, district school
 1071  superintendent; and school principal regarding K-12
 1072  instructional materials.—
 1073         (1) DISTRICT SCHOOL BOARD.—The district school board has
 1074  the duty to provide adequate instructional materials for all
 1075  students in accordance with the requirements of this part. The
 1076  term “adequate instructional materials” means a sufficient
 1077  number of student or site licenses textbooks or sets of
 1078  materials that are available in bound, unbound, kit, or package
 1079  form and may consist of hard-backed or soft-backed textbooks,
 1080  electronic content, consumables, learning laboratories,
 1081  manipulatives, electronic media, and computer courseware or
 1082  software that serve as the basis for instruction for each
 1083  student in the core courses of mathematics, language arts,
 1084  social studies, science, reading, and literature, except for
 1085  instruction for which the school advisory council approves the
 1086  use of a program that does not include a textbook as a major
 1087  tool of instruction. The district school board has the following
 1088  specific duties:
 1089         (a) Courses of study; adoption.—Adopt courses of study for
 1090  use in the schools of the district.
 1091         (b) Instructional materials Textbooks.—Provide for proper
 1092  requisitioning, distribution, accounting, storage, care, and use
 1093  of all instructional materials furnished by the state and
 1094  furnish such other instructional materials as may be needed. The
 1095  district school board shall assure that instructional materials
 1096  used in the district are consistent with the district goals and
 1097  objectives and the curriculum frameworks adopted by rule of the
 1098  State Board of Education, as well as with the state and district
 1099  performance standards provided for in s. 1001.03(1).
 1100         (c) Other instructional materials.—Provide such other
 1101  teaching accessories and aids as are needed for the school
 1102  district’s educational program.
 1103         (d) School library media services; establishment and
 1104  maintenance.—Establish and maintain a program of school library
 1105  media services for all public schools in the district, including
 1106  school library media centers, or school library media centers
 1107  open to the public, and, in addition such traveling or
 1108  circulating libraries as may be needed for the proper operation
 1109  of the district school system.
 1110         (2) DISTRICT SCHOOL SUPERINTENDENT.—
 1111         (a) The district school superintendent has the duty to
 1112  recommend such plans for improving, providing, distributing,
 1113  accounting for, and caring for instructional materials textbooks
 1114  and other instructional aids as will result in general
 1115  improvement of the district school system, as prescribed in this
 1116  part, in accordance with adopted district school board rules
 1117  prescribing the duties and responsibilities of the district
 1118  school superintendent regarding the requisition, purchase,
 1119  receipt, storage, distribution, use, conservation, records, and
 1120  reports of, and management practices and property accountability
 1121  concerning, instructional materials, and providing for an
 1122  evaluation of any instructional materials to be requisitioned
 1123  that have not been used previously in the district’s schools.
 1124  The district school superintendent must keep adequate records
 1125  and accounts for all financial transactions for funds collected
 1126  pursuant to subsection (3), as a component of the educational
 1127  service delivery scope in a school district best financial
 1128  management practices review under s. 1008.35.
 1129         (3) SCHOOL PRINCIPAL.—The school principal has the
 1130  following duties for the management and care of instructional
 1131  materials at the school:
 1132         (b) Money collected for lost or damaged instructional
 1133  materials books; enforcement.—The school principal shall collect
 1134  from each student or the student’s parent the purchase price of
 1135  any instructional material the student has lost, destroyed, or
 1136  unnecessarily damaged and to report and transmit the money
 1137  collected to the district school superintendent. The failure to
 1138  collect such sum upon reasonable effort by the school principal
 1139  may result in the suspension of the student from participation
 1140  in extracurricular activities or satisfaction of the debt by the
 1141  student through community service activities at the school site
 1142  as determined by the school principal, pursuant to policies
 1143  adopted by district school board rule.
 1144         (e) Accounting for instructional materials textbooks.
 1145  Principals shall see that all instructional materials books are
 1146  fully and properly accounted for as prescribed by adopted rules
 1147  of the district school board.
 1148         Section 19. Section 1006.29, Florida Statutes, is amended
 1149  to read:
 1150         1006.29 State instructional materials reviewers
 1151  committees.—
 1152         (1) Each school year, not later than April 15, the
 1153  commissioner shall appoint state instructional materials
 1154  committees composed of persons actively engaged in teaching or
 1155  in the supervision of teaching in the public elementary, middle,
 1156  or high schools and representing the major fields and levels in
 1157  which instructional materials are used in the public schools
 1158  and, in addition, lay citizens not professionally connected with
 1159  education. Committee members shall receive training pursuant to
 1160  subsection (5) in competencies related to the evaluation and
 1161  selection of instructional materials.
 1162         (a) There shall be 10 or more members on each committee: At
 1163  least 50 percent of the members shall be classroom teachers who
 1164  are certified in an area directly related to the academic area
 1165  or level being considered for adoption, 2 shall be laypersons, 1
 1166  shall be a district school board member, and 2 shall be
 1167  supervisors of teachers. The committee must have the capacity or
 1168  expertise to address the broad racial, ethnic, socioeconomic,
 1169  and cultural diversity of the state’s student population.
 1170  Personnel selected as teachers of the year at the school,
 1171  district, regional, or state level are encouraged to serve on
 1172  instructional materials committees.
 1173         (b) The membership of each committee must reflect the broad
 1174  racial, ethnic, socioeconomic, and cultural diversity of the
 1175  state, including a balanced representation from the state’s
 1176  geographic regions.
 1177         (a)(c) The commissioner shall determine annually the areas
 1178  in which instructional materials shall be submitted for
 1179  adoption, taking into consideration the desires of the district
 1180  school boards. The commissioner shall also determine the number
 1181  of titles to be adopted in each area.
 1182         (b) By April 15 of each school year, the commissioner shall
 1183  appoint three state or national experts in the content areas to
 1184  review instructional materials and evaluate the content for
 1185  alignment with the applicable Sunshine State Standards or Next
 1186  Generation Sunshine State Standards. The expert reviewers shall
 1187  review the materials selected for adoption for the level of
 1188  instructional support and the accuracy and appropriateness of
 1189  progression of introduced content. Instructional materials shall
 1190  be made available to reviewers in electronic form. The initial
 1191  review of the materials shall be made by only two of the three
 1192  expert reviewers. If the two reviewers reach opposing results,
 1193  the third reviewer shall break the tie. Expert reviewers shall
 1194  independently make recommendations to the commissioner and shall
 1195  use an electronic feedback review system for making
 1196  recommendations regarding materials that should be placed on
 1197  Florida’s list of adopted materials. The expert reviewers may
 1198  receive a fee for their services.
 1199         (c) The commissioner shall request each school district
 1200  superintendent to nominate one classroom teacher or district
 1201  level content supervisor to review two or three of the
 1202  submissions recommended by the university expert reviewers.
 1203  School districts shall ensure that these nominees are provided
 1204  with the support and time necessary to accomplish a thorough
 1205  review at no cost to the state. District reviewers shall
 1206  independently rate the recommended submissions on the
 1207  instructional usability of the resources.
 1208         (2)(a) All appointments shall be as prescribed in this
 1209  section. No member shall serve more than two consecutive terms
 1210  on any committee. All appointments shall be for 18-month terms.
 1211  All vacancies shall be filled in the manner of the original
 1212  appointment for only the time remaining in the unexpired term.
 1213  At no time may a district school board have more than one
 1214  representative on a committee. The commissioner and a member of
 1215  the department whom he or she shall designate shall be
 1216  additional and ex officio members of each committee.
 1217         (b) The names and mailing addresses of the members of the
 1218  state instructional materials committees shall be made public
 1219  when appointments are made.
 1220         (c) The district school board shall be reimbursed for the
 1221  actual cost of substitute teachers for each workday that a
 1222  member of its instructional staff is absent from his or her
 1223  assigned duties for the purpose of rendering service to the
 1224  state instructional materials committee. In addition, committee
 1225  members shall be reimbursed for travel expenses and per diem in
 1226  accordance with s. 112.061 for actual service in meetings of
 1227  committees called by the commissioner. Payment of such travel
 1228  expenses shall be made from the appropriation for the
 1229  administration of the instructional materials program, on
 1230  warrants to be drawn by the Chief Financial Officer upon
 1231  requisition approved by the commissioner.
 1232         (d) Any member of a committee may be removed by the
 1233  commissioner for cause.
 1234         (3) All references in the law to the state instructional
 1235  materials committee shall apply to each committee created by
 1236  this section.
 1237         (2)(4) For purposes of state adoption, “instructional
 1238  materials” means items having intellectual content that by
 1239  design serve as a major tool for assisting in the instruction of
 1240  a subject or course. These items may be available in bound,
 1241  unbound, kit, or package form and may consist of hardbacked or
 1242  softbacked textbooks, electronic content, consumables, learning
 1243  laboratories, manipulatives, electronic media, and computer
 1244  courseware or software. A publisher or manufacturer providing
 1245  instructional materials as a single bundle shall also make the
 1246  instructional materials available as separate and unbundled
 1247  items, each priced individually. Any instructional materials
 1248  adopted in after 2012-2013 for students in grades 9 through 12
 1249  shall also be provided only in an electronic format. Beginning
 1250  with the 2013-2014 school year, any instructional materials
 1251  adopted for grades 5 through 12 shall be provided only in an
 1252  electronic format. Beginning with the 2014-2015 school year, any
 1253  instructional materials adopted for grades kindergarten through
 1254  12 shall be provided only in an electronic format. The term does
 1255  not include electronic or computer hardware even if such
 1256  hardware is bundled with software or other electronic media, nor
 1257  does it include equipment or supplies.
 1258         (3)(5) The department shall develop a training program for
 1259  persons selected as expert and school district reviewers, which
 1260  shall include instruction on reviewing standards-based content
 1261  and reviewing digital materials using an electronic feedback
 1262  review system to serve on state instructional materials
 1263  committees. The program shall be structured to assist reviewers
 1264  committee members in developing the skills necessary to make
 1265  valid, culturally sensitive, and objective decisions regarding
 1266  the content and rigor of instructional materials. All persons
 1267  serving as on instructional materials reviewers committees must
 1268  complete the training program prior to beginning the review and
 1269  selection process.
 1270         Section 20. Section 1006.30, Florida Statutes, is amended
 1271  to read:
 1272         1006.30 Affidavit of state instructional materials
 1273  reviewers committee members.—Before transacting any business,
 1274  each reviewer member of a state committee shall make an
 1275  affidavit, to be filed with the department commissioner, that:
 1276         (1) The reviewer member will faithfully discharge the
 1277  duties imposed upon him or her as a member of the committee.
 1278         (2) The reviewer member has no interest, and while a member
 1279  of the committee he or she will assume no interest, in any
 1280  publishing or manufacturing organization that which produces or
 1281  sells instructional materials.
 1282         (3) The reviewer member is in no way connected, and while a
 1283  member of the committee he or she will assume no connection,
 1284  with the distribution of the instructional materials.
 1285         (4) The reviewer does not have any direct or indirect
 1286  pecuniary interest member is not pecuniarily interested, and
 1287  while a member of the committee he or she will assume no
 1288  pecuniary interest, directly or indirectly, in the business or
 1289  profits of any person engaged in manufacturing, publishing, or
 1290  selling instructional materials designed for use in the public
 1291  schools.
 1292         (5) The reviewer member will not accept any emolument or
 1293  promise of future reward of any kind from any publisher or
 1294  manufacturer of instructional materials or his or her agent or
 1295  anyone interested in, or intending to bias his or her judgment
 1296  in any way in, the selection of any materials to be adopted.
 1297         (6) The reviewer understands that it is unlawful for any
 1298  member of a state instructional materials committee to discuss
 1299  matters relating to instructional materials submitted for
 1300  adoption with any agent of a publisher or manufacturer of
 1301  instructional materials, either directly or indirectly, except
 1302  during the period when the publisher or manufacturer is
 1303  providing a presentation for the reviewer during his or her
 1304  review of committee has been called into session for the purpose
 1305  of evaluating instructional materials submitted for adoption.
 1306  Such discussions shall be limited to official meetings of the
 1307  committee and in accordance with procedures prescribed by the
 1308  commissioner for that purpose.
 1309         Section 21. Section 1006.31, Florida Statutes, is amended
 1310  to read:
 1311         1006.31 Duties of each state instructional materials
 1312  reviewers committee.—The duties of each state instructional
 1313  materials reviewer committee are:
 1314         (1) PLACE AND TIME OF MEETING.—To meet at the call of the
 1315  commissioner, at a place in the state designated by him or her,
 1316  for the purpose of evaluating and recommending instructional
 1317  materials for adoption by the state. All meetings of state
 1318  instructional materials committees shall be announced publicly
 1319  in the Florida Administrative Weekly at least 2 weeks prior to
 1320  the date of convening. All meetings of the committees shall be
 1321  open to the public.
 1322         (2) ORGANIZATION.—To elect a chair and vice chair for each
 1323  adoption. An employee of the department shall serve as secretary
 1324  to the committee and keep an accurate record of its proceedings.
 1325  All records of committee motions and votes, and summaries of
 1326  committee debate shall be incorporated into a publishable
 1327  document and shall be available for public inspection and
 1328  duplication.
 1329         (1)(3) PROCEDURES.—To adhere to procedures prescribed by
 1330  the commissioner for evaluating instructional materials
 1331  submitted by publishers and manufacturers in each adoption.
 1332         (2)(4) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
 1333  carefully all instructional materials submitted, to ascertain
 1334  which instructional materials, if any, submitted for
 1335  consideration best implement the selection criteria developed by
 1336  the department commissioner and those curricular objectives
 1337  included within applicable performance standards provided for in
 1338  s. 1001.03(1).
 1339         (a) When recommending instructional materials for use in
 1340  the schools, each reviewer committee shall include only
 1341  instructional materials that accurately portray the ethnic,
 1342  socioeconomic, cultural, and racial diversity of our society,
 1343  including men and women in professional, career, and executive
 1344  roles, and the role and contributions of the entrepreneur and
 1345  labor in the total development of this state and the United
 1346  States.
 1347         (b) When recommending instructional materials for use in
 1348  the schools, each reviewer committee shall include only
 1349  materials which accurately portray, whenever appropriate,
 1350  humankind’s place in ecological systems, including the necessity
 1351  for the protection of our environment and conservation of our
 1352  natural resources and the effects on the human system of the use
 1353  of tobacco, alcohol, controlled substances, and other dangerous
 1354  substances.
 1355         (c) When recommending instructional materials for use in
 1356  the schools, each reviewer committee shall require such
 1357  materials as he or she it deems necessary and proper to
 1358  encourage thrift, fire prevention, and humane treatment of
 1359  people and animals.
 1360         (d) When recommending instructional materials for use in
 1361  the schools, each reviewer committee shall require, when
 1362  appropriate to the comprehension of students, that materials for
 1363  social science, history, or civics classes contain the
 1364  Declaration of Independence and the Constitution of the United
 1365  States. A reviewer may not recommend any No instructional
 1366  materials shall be recommended by any committee for use in the
 1367  schools which contain any matter reflecting unfairly upon
 1368  persons because of their race, color, creed, national origin,
 1369  ancestry, gender, or occupation.
 1370         (e) Any All instructional materials recommended by a each
 1371  reviewer committee for use in the schools shall be, to the
 1372  satisfaction of each reviewer committee, accurate, objective,
 1373  and current and suited to the needs and comprehension of
 1374  students at their respective grade levels. Instructional
 1375  materials reviewers committees shall consider for adoption
 1376  materials developed for academically talented students such as
 1377  those enrolled in advanced placement courses.
 1378         (3)(5) REPORT OF EXPERT REVIEWERS COMMITTEE.—Each expert
 1379  reviewer committee, after a thorough study of all data submitted
 1380  on each instructional material, and after each member has
 1381  carefully evaluated each instructional material, shall submit an
 1382  electronic present a written report to the department
 1383  commissioner. The Such report shall be made public, and must
 1384  shall include responses to each section of the report format
 1385  prescribed by the department.:
 1386         (a) A description of the procedures used in determining the
 1387  instructional materials to be recommended to the commissioner.
 1388         (b) Recommendations of instructional materials for each
 1389  grade and subject field in the curriculum of public elementary,
 1390  middle, and high schools in which adoptions are to be made. If
 1391  deemed advisable, the committee may include such other
 1392  information, expression of opinion, or recommendation as would
 1393  be helpful to the commissioner. If there is a difference of
 1394  opinion among the members of the committee as to the merits of
 1395  any instructional materials, any member may file an expression
 1396  of his or her individual opinion.
 1397  
 1398  The findings of the committees, including the evaluation of
 1399  instructional materials, shall be in sessions open to the
 1400  public. All decisions leading to determinations of the
 1401  committees shall be by roll call vote, and at no time will a
 1402  secret ballot be permitted.
 1403         Section 22. Section 1006.32, Florida Statutes, is amended
 1404  to read:
 1405         1006.32 Prohibited acts.—
 1406         (1) A No publisher or manufacturer of instructional
 1407  material, or any representative thereof, may not shall offer to
 1408  give any emolument, money, or other valuable thing, or any
 1409  inducement, to any district school board official or state
 1410  member of a state-level instructional materials reviewer
 1411  committee to directly or indirectly introduce, recommend, vote
 1412  for, or otherwise influence the adoption or purchase of any
 1413  instructional materials.
 1414         (2) A No district school board official or member of a
 1415  state instructional materials reviewer may not committee shall
 1416  solicit or accept any emolument, money, or other valuable thing,
 1417  or any inducement, to directly or indirectly introduce,
 1418  recommend, vote for, or otherwise influence the adoption or
 1419  purchase of any instructional material.
 1420         (3) A No district school board or publisher may not
 1421  participate in a pilot program of materials being considered for
 1422  adoption during the 18-month period before the official adoption
 1423  of the materials by the commissioner. Any pilot program during
 1424  the first 2 years of the adoption period must have the prior
 1425  approval of the commissioner.
 1426         (4) Any publisher or manufacturer of instructional
 1427  materials or representative thereof or any district school board
 1428  official or state instructional materials reviewer committee
 1429  member, who violates any provision of this section commits a
 1430  misdemeanor of the second degree, punishable as provided in s.
 1431  775.082 or s. 775.083. Any representative of a publisher or
 1432  manufacturer who violates any provision of this section, in
 1433  addition to any other penalty, shall be banned from practicing
 1434  business in the state for a period of 1 calendar year. Any
 1435  district school board official or state instructional materials
 1436  committee member who violates any provision of this section, in
 1437  addition to any other penalty, shall be removed from his or her
 1438  official position.
 1439         (5) This section does not prohibit Nothing in this section
 1440  shall be construed to prevent any publisher, manufacturer, or
 1441  agent from supplying, for purposes of examination, necessary
 1442  sample copies of instructional materials to any district school
 1443  board official or state instructional materials reviewer
 1444  committee member.
 1445         (6) This section does not prohibit Nothing in this section
 1446  shall be construed to prevent a district school board official
 1447  or state instructional materials reviewer committee member from
 1448  receiving sample copies of instructional materials.
 1449         (7) This section does not Nothing contained in this section
 1450  shall be construed to prohibit or restrict a district school
 1451  board official from receiving royalties or other compensation,
 1452  other than compensation paid to him or her as commission for
 1453  negotiating sales to district school boards, from the publisher
 1454  or manufacturer of instructional materials written, designed, or
 1455  prepared by such district school board official, and adopted by
 1456  the commissioner or purchased by any district school board. No
 1457  district school board official shall be allowed to receive
 1458  royalties on any materials not on the state-adopted list
 1459  purchased for use by his or her district school board.
 1460         (8) A No district school superintendent, district school
 1461  board member, teacher, or other person officially connected with
 1462  the government or direction of public schools may not shall
 1463  receive during the months actually engaged in performing duties
 1464  under his or her contract any private fee, gratuity, donation,
 1465  or compensation, in any manner whatsoever, for promoting the
 1466  sale or exchange of any school book, map, or chart in any public
 1467  school, or be an agent for the sale or the publisher of any
 1468  school textbook or reference work, or be directly or indirectly
 1469  pecuniarily interested in the introduction of any such textbook,
 1470  and any such agency or interest shall disqualify any person so
 1471  acting or interested from holding any district school board
 1472  employment whatsoever, and the person commits a misdemeanor of
 1473  the second degree, punishable as provided in s. 775.082 or s.
 1474  775.083; however, provided that this subsection does shall not
 1475  prevent be construed as preventing the adoption of any book
 1476  written in whole or in part by a Florida author.
 1477         Section 23. Paragraphs (b) and (e) of subsection (1) and
 1478  subsections (2) and (4) of section 1006.33, Florida Statutes,
 1479  are amended to read:
 1480         1006.33 Bids or proposals; advertisement and its contents.—
 1481         (1)
 1482         (b) The advertisement shall state that, beginning in 2010
 1483  2011, each bidder shall furnish electronic specimen copies of
 1484  all instructional materials submitted, at a time designated by
 1485  the department, which specimen copies shall be identical with
 1486  the copies approved and accepted by the members of the state
 1487  instructional materials reviewers committee, as prescribed in
 1488  this section, and with the copies furnished to the department
 1489  and district school superintendents, as provided in this part.
 1490  Any district school superintendent who requires samples in
 1491  addition to the electronic format must request those samples
 1492  through the department.
 1493         (e) The advertisement shall give information as to how
 1494  specifications that which have been adopted by the department in
 1495  regard to digital specifications, including the capabilities for
 1496  searching by state standards, site and student-level licensing,
 1497  and format requirements paper, binding, cover boards, and
 1498  mechanical makeup can be secured. In adopting specifications,
 1499  the department shall make an exception for instructional
 1500  materials that are college-level texts and that do not meet
 1501  department physical specifications for secondary materials, if
 1502  the publisher guarantees replacement during the term of the
 1503  contract.
 1504         (2) The bids submitted shall be for furnishing the
 1505  designated materials in accordance with specifications of the
 1506  department. The bid shall state the lowest wholesale price at
 1507  which the materials will be furnished, at the time the adoption
 1508  period provided in the contract begins, delivered f.o.b. to the
 1509  Florida depository of the publisher, manufacturer, or bidder.
 1510         (4) Specimen copies of all instructional materials that
 1511  have been made the bases of contracts under this part shall,
 1512  upon request for the purpose of public inspection, be made
 1513  available by the publisher to the department and the district
 1514  school superintendent of each district school board that adopts
 1515  the instructional materials from the state list upon request for
 1516  the purpose of public inspection. All contracts and bonds
 1517  executed under this part shall be signed in triplicate. One copy
 1518  of each contract and an original of each bid, whether accepted
 1519  or rejected, shall be preserved with the department for at least
 1520  3 years after termination of the contract.
 1521         Section 24. Subsections (1), (2), (3), and (7) of section
 1522  1006.34, Florida Statutes, are amended to read:
 1523         1006.34 Powers and duties of the commissioner and the
 1524  department in selecting and adopting instructional materials.—
 1525         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
 1526  State Board of Education shall adopt rules prescribing
 1527  commissioner shall prescribe the procedures by which the
 1528  department shall evaluate instructional materials submitted by
 1529  publishers and manufacturers in each adoption. The rules shall
 1530  be exempt from the legislative ratification requirement in s.
 1531  120.541(3). Included in these procedures shall be provisions
 1532  affording which afford each publisher or manufacturer or his or
 1533  her representative an opportunity to provide a virtual
 1534  presentation to expert reviewers on present to members of the
 1535  state instructional materials committees the merits of each
 1536  instructional material submitted in each adoption.
 1537         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 1538         (a) The department shall notify all publishers and
 1539  manufacturers of instructional materials who have submitted bids
 1540  that within 3 weeks after the deadline for receiving bids, at a
 1541  designated time and place, it will open the bids submitted and
 1542  deposited with it. At the time and place designated, the bids
 1543  shall be opened, read, and tabulated in the presence of the
 1544  bidders or their representatives. No one may revise his or her
 1545  bid after the bids have been filed. When all bids have been
 1546  carefully considered, the commissioner shall, from the list of
 1547  suitable, usable, and desirable instructional materials reported
 1548  by the state instructional materials reviewers committee, select
 1549  and adopt instructional materials for each grade and subject
 1550  field in the curriculum of public elementary, middle, and high
 1551  schools in which adoptions are made and in the subject areas
 1552  designated in the advertisement. The adoption shall continue for
 1553  the period specified in the advertisement, beginning on the
 1554  ensuing April 1. The adoption shall not prevent the extension of
 1555  a contract as provided in subsection (3). The commissioner shall
 1556  always reserve the right to reject any and all bids. The
 1557  commissioner may ask for new sealed bids from publishers or
 1558  manufacturers whose instructional materials were recommended by
 1559  the state instructional materials reviewers committee as
 1560  suitable, usable, and desirable; specify the dates for filing
 1561  such bids and the date on which they shall be opened; and
 1562  proceed in all matters regarding the opening of bids and the
 1563  awarding of contracts as required by this part. In all cases,
 1564  bids shall be accompanied by a cash deposit or certified check
 1565  of from $500 to $2,500, as the department commissioner may
 1566  direct. The department, in adopting instructional materials,
 1567  shall give due consideration both to the prices bid for
 1568  furnishing instructional materials and to the report and
 1569  recommendations of the state instructional materials reviewers
 1570  committee. When the commissioner has finished with the report of
 1571  the state instructional materials reviewers committee, the
 1572  report shall be filed and preserved with the department and
 1573  shall be available at all times for public inspection.
 1574         (b) In the selection of instructional materials, library
 1575  media books, and other reading material used in the public
 1576  school system, the standards used to determine the propriety of
 1577  the material shall include:
 1578         1. The age of the students who normally could be expected
 1579  to have access to the material.
 1580         2. The educational purpose to be served by the material. In
 1581  considering instructional materials for classroom use, priority
 1582  shall be given to the selection of materials which encompass the
 1583  state and district school board performance standards provided
 1584  for in s. 1001.03(1) and which include the instructional
 1585  objectives contained within the curriculum frameworks approved
 1586  by rule of the State Board of Education.
 1587         3. The degree to which the material would be supplemented
 1588  and explained by mature classroom instruction as part of a
 1589  normal classroom instructional program.
 1590         4. The consideration of the broad racial, ethnic,
 1591  socioeconomic, and cultural diversity of the students of this
 1592  state.
 1593  
 1594  Any No book or other material containing hard-core pornography
 1595  or otherwise prohibited by s. 847.012 may not shall be used or
 1596  made available within any public school district.
 1597         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
 1598  soon as practicable after the commissioner has adopted any
 1599  instructional materials and all bidders that have secured the
 1600  adoption of any instructional materials have been notified
 1601  thereof by registered letter, the department Department of Legal
 1602  Affairs shall prepare a contract in proper form with every
 1603  bidder awarded the adoption of any instructional materials. Each
 1604  contract shall be executed by the commissioner Governor and
 1605  Secretary of State under the seal of the state, one copy to be
 1606  kept by the contractor, one copy to be filed with the Department
 1607  of State, and one copy to be filed with the department. After
 1608  giving due consideration to comments by the district school
 1609  boards, the commissioner, with the agreement of the publisher,
 1610  may extend or shorten a contract period for a period not to
 1611  exceed 2 years; and the terms of any such contract shall remain
 1612  the same as in the original contract. Any publisher or
 1613  manufacturer to whom any contract is let under this part must
 1614  give bond in such amount as the department commissioner
 1615  requires, payable to the state, conditioned for the faithful,
 1616  honest, and exact performance of the contract. The bond must
 1617  provide for the payment of reasonable attorney’s fees in case of
 1618  recovery in any suit thereon. The surety on the bond must be a
 1619  guaranty or surety company lawfully authorized to do business in
 1620  the state; however, the bond shall not be exhausted by a single
 1621  recovery but may be sued upon from time to time until the full
 1622  amount thereof is recovered, and the department may at any time,
 1623  after giving 30 days’ notice, require additional security or
 1624  additional bond. The form of any bond or bonds or contract or
 1625  contracts under this part shall be prepared and approved by the
 1626  department Department of Legal Affairs. At the discretion of the
 1627  commissioner, a publisher or manufacturer to whom any contract
 1628  is let under this part may be allowed a cash deposit in lieu of
 1629  a bond, conditioned for the faithful, honest, and exact
 1630  performance of the contract. The cash deposit, payable to the
 1631  department, shall be placed in the Textbook Bid Trust Fund. The
 1632  department may recover damages on the cash deposit given by the
 1633  contractor for failure to furnish instructional materials, the
 1634  sum recovered to inure to the General Revenue Fund.
 1635         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
 1636  manufacturer of instructional materials fails or refuses to
 1637  furnish a book, or books, or other instructional materials as
 1638  provided in the contract, the publisher’s or manufacturer’s his
 1639  or her bond is forfeited and the commissioner must department
 1640  shall make another contract containing on such terms as
 1641  determined by it may find desirable, after giving due
 1642  consideration to the recommendations of the commissioner.
 1643         Section 25. Subsection (2) of section 1006.35, Florida
 1644  Statutes, is amended to read:
 1645         1006.35 Accuracy of instructional materials.—
 1646         (2) When errors in state-adopted materials are confirmed,
 1647  the publisher of the materials shall provide to each district
 1648  school board that has purchased the materials the corrections in
 1649  a format approved by the department commissioner.
 1650         Section 26. Section 1006.36, Florida Statutes, is amended
 1651  to read:
 1652         1006.36 Term of adoption for instructional materials.—
 1653         (1) The term of adoption of any instructional materials
 1654  must be a 5-year 6-year period beginning on April 1 following
 1655  the adoption, except that the commissioner may approve terms of
 1656  adoption of less than 5 6 years for materials in content areas
 1657  which require more frequent revision. Any contract for
 1658  instructional materials may be extended as prescribed in s.
 1659  1006.34(3).
 1660         (2) The department shall publish annually an official
 1661  schedule of subject areas to be called for adoption for each of
 1662  the succeeding 2 years, and a tentative schedule for years 3, 4,
 1663  and 5, and 6. If extenuating circumstances warrant, the
 1664  commissioner may order the department to add one or more subject
 1665  areas to the official schedule, in which event the commissioner
 1666  shall develop criteria for such additional subject area or areas
 1667  and make them available to publishers as soon as practicable
 1668  before the date on which bids are due. The schedule shall be
 1669  developed so as to promote balance among the subject areas so
 1670  that the required expenditure for new instructional materials is
 1671  approximately the same each year in order to maintain curricular
 1672  consistency.
 1673         Section 27. Section 1006.37, Florida Statutes, is repealed.
 1674         Section 28. Subsections (2), (3), (5), and (6) and
 1675  subsections (11) through (17) of section 1006.38, Florida
 1676  Statutes, are amended to read:
 1677         1006.38 Duties, responsibilities, and requirements of
 1678  instructional materials publishers and manufacturers.—Publishers
 1679  and manufacturers of instructional materials, or their
 1680  representatives, shall:
 1681         (2) Electronically deliver fully developed specimen copies
 1682  of all instructional materials upon which bids are based to the
 1683  department pursuant to procedures adopted by the State Board of
 1684  Education each member of a state instructional materials
 1685  committee. At the conclusion of the review process,
 1686  manufacturers submitting samples of instructional materials are
 1687  entitled to the return thereof, at the expense of the
 1688  manufacturers; or, in the alternative, the manufacturers are
 1689  entitled to reimbursement by the individual committee members
 1690  for the retail value of the samples.
 1691         (3) Submit, at a time designated in s. 1006.33, the
 1692  following information:
 1693         (a) Detailed specifications of the physical characteristics
 1694  of the instructional materials, including any software or
 1695  technological tools required for use of the instructional tool
 1696  by the district, school, teachers, or students. The publisher or
 1697  manufacturer shall comply with these specifications if the
 1698  instructional materials are adopted and purchased in completed
 1699  form.
 1700         (b) Evidence Written proof that the publisher has provided
 1701  materials that the user can vertically search, electronically
 1702  gather, and organize by specific written correlations to
 1703  appropriate curricular objectives included within applicable
 1704  performance standards provided for in s. 1001.03(1).
 1705         (5) Furnish the instructional materials offered by them at
 1706  a price in the state which, including all costs of electronic
 1707  transmission transportation to their depositories, may shall not
 1708  exceed the lowest price at which they offer such instructional
 1709  materials for adoption or sale to any state or school district
 1710  in the United States.
 1711         (6) Reduce automatically the price of the instructional
 1712  materials to any district school board to the extent that
 1713  reductions are made elsewhere in the United States. Publishers
 1714  may offer sections of state-adopted instructional materials in
 1715  digital or electronic versions at reduced rates to districts,
 1716  schools, and teachers in this state.
 1717         (11) Maintain or contract with a depository in the state.
 1718         (12) For the core subject areas specified in s. 1006.40(2),
 1719  maintain in the depository for the first 2 years of the contract
 1720  an inventory of instructional materials sufficient to receive
 1721  and fill orders.
 1722         (11)(13) For the core subject areas specified in s.
 1723  1006.40(2), ensure the availability of an inventory sufficient
 1724  to receive and fill orders for instructional materials for
 1725  growth, including the opening of a new school, and replacement
 1726  during the 3rd and subsequent years of the original contract
 1727  period.
 1728         (14) For all other subject areas, maintain in the
 1729  depository an inventory of instructional materials sufficient to
 1730  receive and fill orders.
 1731         (12)(15) Accurately and fully disclose only the names of
 1732  those persons who actually authored the instructional materials.
 1733  In addition to the penalties provided in subsection (14) (17),
 1734  the commissioner may remove from the list of state-adopted
 1735  instructional materials those instructional materials whose
 1736  publisher or manufacturer misleads the purchaser by falsely
 1737  representing genuine authorship.
 1738         (13)(16) Grant, without prior written request, for any
 1739  copyright held by the publisher or its agencies automatic
 1740  permission to the department or its agencies for the
 1741  reproduction of instructional materials textbooks and
 1742  supplementary materials in braille or large print or in the form
 1743  of sound recordings, for use by visually impaired students or
 1744  other students with disabilities that would benefit from use of
 1745  the materials.
 1746         (14)(17) Upon the willful failure of the publisher or
 1747  manufacturer to comply with the requirements of this section, be
 1748  liable to the department in the amount of three 3 times the
 1749  total sum which the publisher or manufacturer was paid in excess
 1750  of the price required under subsections (5) and (6) and in the
 1751  amount of three 3 times the total value of the instructional
 1752  materials and services which the district school board is
 1753  entitled to receive free of charge under subsection (7).
 1754         Section 29. Subsection (5) of section 1006.39, Florida
 1755  Statutes, is amended to read:
 1756         1006.39 Production and dissemination of educational
 1757  materials and products by department.—
 1758         (5) The department shall not enter into the business of
 1759  producing or publishing instructional materials textbooks, or
 1760  the contents therein, for general use in classrooms.
 1761         Section 30. Subsection (2), paragraph (a) of subsection
 1762  (3), and subsection (4) of section 1006.40, Florida Statutes,
 1763  are amended to read:
 1764         1006.40 Use of instructional materials allocation;
 1765  instructional materials, library books, and reference books;
 1766  repair of books.—
 1767         (2)(a) Each district school board must purchase current
 1768  instructional materials to provide each student with a textbook
 1769  or other instructional materials as a major tool of instruction
 1770  in core courses of the appropriate subject areas of mathematics,
 1771  language arts, science, social studies, reading, and literature
 1772  for kindergarten through grade 12. Such purchase must be made
 1773  within the first 2 years after the effective date of the
 1774  adoption cycle; however, this requirement is waived for the
 1775  adoption cycle occurring in the 2008-2009 academic year for
 1776  schools within the district which are identified in the top four
 1777  categories of schools pursuant to s. 1008.33, as amended by
 1778  chapter 2009-144, Laws of Florida. The Commissioner of Education
 1779  may provide a waiver of this requirement for the adoption cycle
 1780  occurring in the 2008-2009 academic year if the district
 1781  demonstrates that it has intervention and support strategies to
 1782  address the particular needs of schools in the lowest two
 1783  categories. Unless specifically provided for in the General
 1784  Appropriations Act, the cost of instructional materials
 1785  purchases required by this paragraph shall not exceed the amount
 1786  of the district’s allocation for instructional materials,
 1787  pursuant to s. 1011.67, for the previous 2 years.
 1788         (b) The requirement in paragraph (a) does not apply to
 1789  contracts in existence before April 1, 2000, or to a purchase
 1790  related to growth of student membership in the district or for
 1791  instructional materials maintenance needs.
 1792         (3)(a) By 2012-2013, each district school board shall use
 1793  at least 50 percent of the annual allocation for the purchase of
 1794  digital, electronic, or web-based instructional materials
 1795  included on the state-adopted list, except as otherwise
 1796  authorized in paragraphs (b) and (c). No less than 50 percent of
 1797  the annual allocation shall be used to purchase items which will
 1798  be used to provide instruction to students at the level or
 1799  levels for which the materials are designed.
 1800         (4) Funds that are not used to purchase digital or web
 1801  based instructional materials may be The funds described in
 1802  subsection (3) which district school boards may use to purchase
 1803  materials not on the state-adopted list shall be used for the
 1804  purchase of instructional materials or other items having
 1805  intellectual content which assist in the instruction of a
 1806  subject or course. These items may be available in bound,
 1807  unbound, kit, or package form and may consist of hardbacked or
 1808  softbacked textbooks, electronic content, replacements for items
 1809  which were part of previously purchased instructional materials,
 1810  consumables, learning laboratories, manipulatives, electronic
 1811  media, computer courseware or software, and other commonly
 1812  accepted instructional tools as prescribed by district school
 1813  board rule. If the district school board finds and declares in a
 1814  resolution that all instructional materials purchases necessary
 1815  to provide updated materials aligned to Next Generation Sunshine
 1816  State Standards and benchmarks and that meet statutory
 1817  requirements of content and learning have been completed for the
 1818  fiscal year, but no sooner than March 1 of the fiscal year,
 1819  available categorical funds for instructional materials may be
 1820  used to purchase technology hardware that supports student
 1821  access to digital instructional content. The funds available to
 1822  district school boards for the purchase of materials not on the
 1823  state-adopted list may not be used to purchase electronic or
 1824  computer hardware even if such hardware is bundled with software
 1825  or other electronic media unless the district school board has
 1826  complied with the requirements in s. 1011.62(6)(b)5., nor may
 1827  such funds be used to purchase equipment or supplies. However,
 1828  when authorized to do so in the General Appropriations Act, a
 1829  school or district school board may use a portion of the funds
 1830  available to it for the purchase of materials not on the state
 1831  adopted list to purchase science laboratory materials and
 1832  supplies.
 1833         Section 31. Section 1006.43, Florida Statutes, is amended
 1834  to read:
 1835         1006.43 Expenses; budget request.—
 1836         (1) The commissioner shall include in the department’s
 1837  annual legislative budget a request for funds in an amount
 1838  sufficient to provide the necessary expense for:
 1839         (a) The instructional materials reviewers committees.
 1840         (b) Instructional materials for use by partially sighted
 1841  students.
 1842         (c) Other specific and necessary state expenses with regard
 1843  to the instructional materials program.
 1844         (2) The department may arrange for distribution adopted
 1845  instructional materials that textbooks which are prepared in
 1846  various media for the use of partially sighted children enrolled
 1847  in the Florida schools.
 1848         Section 32. Effective upon this act becoming a law,
 1849  subsection (2) and paragraph (c) of subsection (3) of section
 1850  1008.22, Florida Statutes, are amended to read:
 1851         1008.22 Student assessment program for public schools.—
 1852         (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
 1853  Florida’s intent to participate in the measurement of national
 1854  educational goals. The Commissioner of Education shall direct
 1855  Florida school districts to participate in the administration of
 1856  the National Assessment of Educational Progress, or a similar
 1857  national or international assessment program, both for the
 1858  national sample and for any state-by-state comparison programs
 1859  which may be initiated. The assessments must be conducted using
 1860  the data collection procedures, the student surveys, the
 1861  educator surveys, and other instruments included in the National
 1862  Assessment of Educational Progress or similar national or
 1863  international program being administered in Florida. The results
 1864  of these assessments shall be included in the annual report of
 1865  the Commissioner of Education specified in this section, as
 1866  applicable. The administration of the National Assessment of
 1867  Educational Progress or similar national or international
 1868  program shall be in addition to and separate from the
 1869  administration of the statewide assessment program. The
 1870  requirement that school districts participate in international
 1871  assessment programs shall expire June 30, 2016.
 1872         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
 1873  design and implement a statewide program of educational
 1874  assessment that provides information for the improvement of the
 1875  operation and management of the public schools, including
 1876  schools operating for the purpose of providing educational
 1877  services to youth in Department of Juvenile Justice programs.
 1878  The commissioner may enter into contracts for the continued
 1879  administration of the assessment, testing, and evaluation
 1880  programs authorized and funded by the Legislature. Contracts may
 1881  be initiated in 1 fiscal year and continue into the next and may
 1882  be paid from the appropriations of either or both fiscal years.
 1883  The commissioner is authorized to negotiate for the sale or
 1884  lease of tests, scoring protocols, test scoring services, and
 1885  related materials developed pursuant to law. Pursuant to the
 1886  statewide assessment program, the commissioner shall:
 1887         (c) Develop and implement a student achievement testing
 1888  program as follows:
 1889         1. The Florida Comprehensive Assessment Test (FCAT)
 1890  measures a student’s content knowledge and skills in reading,
 1891  writing, science, and mathematics. The content knowledge and
 1892  skills assessed by the FCAT must be aligned to the core
 1893  curricular content established in the Next Generation Sunshine
 1894  State Standards. Other content areas may be included as directed
 1895  by the commissioner. Comprehensive assessments of reading and
 1896  mathematics shall be administered annually in grades 3 through
 1897  10 except, beginning with the 2010-2011 school year, the
 1898  administration of grade 9 FCAT Mathematics shall be
 1899  discontinued, and beginning with the 2011-2012 school year, the
 1900  administration of grade 10 FCAT Mathematics shall be
 1901  discontinued, except as required for students who have not
 1902  attained minimum performance expectations for graduation as
 1903  provided in paragraph (9)(c). FCAT Writing and FCAT Science
 1904  shall be administered at least once at the elementary, middle,
 1905  and high school levels except, beginning with the 2011-2012
 1906  school year, the administration of FCAT Science at the high
 1907  school level shall be discontinued.
 1908         2.a. End-of-course assessments for a subject shall be
 1909  administered in addition to the comprehensive assessments
 1910  required under subparagraph 1. End-of-course assessments must be
 1911  rigorous, statewide, standardized, and developed or approved by
 1912  the department. The content knowledge and skills assessed by
 1913  end-of-course assessments must be aligned to the core curricular
 1914  content established in the Next Generation Sunshine State
 1915  Standards.
 1916         (I) Statewide, standardized end-of-course assessments in
 1917  mathematics shall be administered according to this sub-sub
 1918  subparagraph. Beginning with the 2010-2011 school year, all
 1919  students enrolled in Algebra I or an equivalent course must take
 1920  the Algebra I end-of-course assessment. Students who earned high
 1921  school credit in Algebra I while in grades 6 through 8 during
 1922  the 2007-2008 through 2009-2010 school years and who have not
 1923  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
 1924  course assessment during the 2010-2011 school year. For students
 1925  entering grade 9 during the 2010-2011 school year and who are
 1926  enrolled in Algebra I or an equivalent, each student’s
 1927  performance on the end-of-course assessment in Algebra I shall
 1928  constitute 30 percent of the student’s final course grade.
 1929  Beginning with students entering grade 9 in the 2011-2012 school
 1930  year, a student who is enrolled in Algebra I or an equivalent
 1931  must earn a passing score on the end-of-course assessment in
 1932  Algebra I or attain an equivalent score as described in
 1933  subsection (11) in order to earn course credit. Beginning with
 1934  the 2011-2012 school year, all students enrolled in geometry or
 1935  an equivalent course must take the geometry end-of-course
 1936  assessment. For students entering grade 9 during the 2011-2012
 1937  school year, each student’s performance on the end-of-course
 1938  assessment in geometry shall constitute 30 percent of the
 1939  student’s final course grade. Beginning with students entering
 1940  grade 9 during the 2012-2013 school year, a student must earn a
 1941  passing score on the end-of-course assessment in geometry or
 1942  attain an equivalent score as described in subsection (11) in
 1943  order to earn course credit.
 1944         (II) Statewide, standardized end-of-course assessments in
 1945  science shall be administered according to this sub-sub
 1946  subparagraph. Beginning with the 2011-2012 school year, all
 1947  students enrolled in Biology I or an equivalent course must take
 1948  the Biology I end-of-course assessment. For the 2011-2012 school
 1949  year, each student’s performance on the end-of-course assessment
 1950  in Biology I shall constitute 30 percent of the student’s final
 1951  course grade. Beginning with students entering grade 9 during
 1952  the 2012-2013 school year, a student must earn a passing score
 1953  on the end-of-course assessment in Biology I in order to earn
 1954  course credit.
 1955         b. During the 2012-2013 school year, an end-of-course
 1956  assessment in civics education shall be administered as a field
 1957  test at the middle school level. During the 2013-2014 school
 1958  year, each student’s performance on the statewide, standardized
 1959  end-of-course assessment in civics education shall constitute 30
 1960  percent of the student’s final course grade. Beginning with the
 1961  2014-2015 school year, a student must earn a passing score on
 1962  the end-of-course assessment in civics education in order to
 1963  pass the course and be promoted from the middle grades receive
 1964  course credit. The school principal of a middle school shall
 1965  determine, in accordance with State Board of Education rule,
 1966  whether a student who transfers to the middle school and who has
 1967  successfully completed a civics education course at the
 1968  student’s previous school must take an end-of-course assessment
 1969  in civics education.
 1970         c. The commissioner may select one or more nationally
 1971  developed comprehensive examinations, which may include, but
 1972  need not be limited to, examinations for a College Board
 1973  Advanced Placement course, International Baccalaureate course,
 1974  or Advanced International Certificate of Education course, or
 1975  industry-approved examinations to earn national industry
 1976  certifications identified in the Industry Certification Funding
 1977  List, pursuant to rules adopted by the State Board of Education,
 1978  for use as end-of-course assessments under this paragraph, if
 1979  the commissioner determines that the content knowledge and
 1980  skills assessed by the examinations meet or exceed the grade
 1981  level expectations for the core curricular content established
 1982  for the course in the Next Generation Sunshine State Standards.
 1983  The commissioner may collaborate with the American Diploma
 1984  Project in the adoption or development of rigorous end-of-course
 1985  assessments that are aligned to the Next Generation Sunshine
 1986  State Standards.
 1987         d. Contingent upon funding provided in the General
 1988  Appropriations Act, including the appropriation of funds
 1989  received through federal grants, the Commissioner of Education
 1990  shall establish an implementation schedule for the development
 1991  and administration of additional statewide, standardized end-of
 1992  course assessments in English/Language Arts II, Algebra II,
 1993  chemistry, physics, earth/space science, United States history,
 1994  and world history. Priority shall be given to the development of
 1995  end-of-course assessments in English/Language Arts II. The
 1996  Commissioner of Education shall evaluate the feasibility and
 1997  effect of transitioning from the grade 9 and grade 10 FCAT
 1998  Reading and high school level FCAT Writing to an end-of-course
 1999  assessment in English/Language Arts II. The commissioner shall
 2000  report the results of the evaluation to the President of the
 2001  Senate and the Speaker of the House of Representatives no later
 2002  than July 1, 2011.
 2003         3. The testing program shall measure student content
 2004  knowledge and skills adopted by the State Board of Education as
 2005  specified in paragraph (a) and measure and report student
 2006  performance levels of all students assessed in reading, writing,
 2007  mathematics, and science. The commissioner shall provide for the
 2008  tests to be developed or obtained, as appropriate, through
 2009  contracts and project agreements with private vendors, public
 2010  vendors, public agencies, postsecondary educational
 2011  institutions, or school districts. The commissioner shall obtain
 2012  input with respect to the design and implementation of the
 2013  testing program from state educators, assistive technology
 2014  experts, and the public.
 2015         4. The testing program shall be composed of criterion
 2016  referenced tests that shall, to the extent determined by the
 2017  commissioner, include test items that require the student to
 2018  produce information or perform tasks in such a way that the core
 2019  content knowledge and skills he or she uses can be measured.
 2020         5. FCAT Reading, Mathematics, and Science and all
 2021  statewide, standardized end-of-course assessments shall measure
 2022  the content knowledge and skills a student has attained on the
 2023  assessment by the use of scaled scores and achievement levels.
 2024  Achievement levels shall range from 1 through 5, with level 1
 2025  being the lowest achievement level, level 5 being the highest
 2026  achievement level, and level 3 indicating satisfactory
 2027  performance on an assessment. For purposes of FCAT Writing,
 2028  student achievement shall be scored using a scale of 1 through 6
 2029  and the score earned shall be used in calculating school grades.
 2030  A score shall be designated for each subject area tested, below
 2031  which score a student’s performance is deemed inadequate. The
 2032  school districts shall provide appropriate remedial instruction
 2033  to students who score below these levels.
 2034         6. The State Board of Education shall, by rule, designate a
 2035  passing score for each part of the grade 10 assessment test and
 2036  end-of-course assessments. Any rule that has the effect of
 2037  raising the required passing scores may apply only to students
 2038  taking the assessment for the first time after the rule is
 2039  adopted by the State Board of Education. Except as otherwise
 2040  provided in this subparagraph and as provided in s.
 2041  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 2042  passing score on grade 10 FCAT Reading and grade 10 FCAT
 2043  Mathematics or attain concordant scores as described in
 2044  subsection (10) in order to qualify for a standard high school
 2045  diploma.
 2046         7. In addition to designating a passing score under
 2047  subparagraph 6., the State Board of Education shall also
 2048  designate, by rule, a score for each statewide, standardized
 2049  end-of-course assessment which indicates that a student is high
 2050  achieving and has the potential to meet college-readiness
 2051  standards by the time the student graduates from high school.
 2052         8. Participation in the testing program is mandatory for
 2053  all students attending public school, including students served
 2054  in Department of Juvenile Justice programs, except as otherwise
 2055  prescribed by the commissioner. A student who has not earned
 2056  passing scores on the grade 10 FCAT as provided in subparagraph
 2057  6. must participate in each retake of the assessment until the
 2058  student earns passing scores or achieves scores on a
 2059  standardized assessment which are concordant with passing scores
 2060  pursuant to subsection (10). If a student does not participate
 2061  in the statewide assessment, the district must notify the
 2062  student’s parent and provide the parent with information
 2063  regarding the implications of such nonparticipation. A parent
 2064  must provide signed consent for a student to receive classroom
 2065  instructional accommodations that would not be available or
 2066  permitted on the statewide assessments and must acknowledge in
 2067  writing that he or she understands the implications of such
 2068  instructional accommodations. The State Board of Education shall
 2069  adopt rules, based upon recommendations of the commissioner, for
 2070  the provision of test accommodations for students in exceptional
 2071  education programs and for students who have limited English
 2072  proficiency. Accommodations that negate the validity of a
 2073  statewide assessment are not allowable in the administration of
 2074  the FCAT or an end-of-course assessment. However, instructional
 2075  accommodations are allowable in the classroom if included in a
 2076  student’s individual education plan. Students using
 2077  instructional accommodations in the classroom that are not
 2078  allowable as accommodations on the FCAT or an end-of-course
 2079  assessment may have the FCAT or an end-of-course assessment
 2080  requirement waived pursuant to the requirements of s.
 2081  1003.428(8)(b) or s. 1003.43(11)(b).
 2082         9. A student seeking an adult high school diploma must meet
 2083  the same testing requirements that a regular high school student
 2084  must meet.
 2085         10. District school boards must provide instruction to
 2086  prepare students in the core curricular content established in
 2087  the Next Generation Sunshine State Standards adopted under s.
 2088  1003.41, including the core content knowledge and skills
 2089  necessary for successful grade-to-grade progression and high
 2090  school graduation. If a student is provided with instructional
 2091  accommodations in the classroom that are not allowable as
 2092  accommodations in the statewide assessment program, as described
 2093  in the test manuals, the district must inform the parent in
 2094  writing and must provide the parent with information regarding
 2095  the impact on the student’s ability to meet expected performance
 2096  levels in reading, writing, mathematics, and science. The
 2097  commissioner shall conduct studies as necessary to verify that
 2098  the required core curricular content is part of the district
 2099  instructional programs.
 2100         11. District school boards must provide opportunities for
 2101  students to demonstrate an acceptable performance level on an
 2102  alternative standardized assessment approved by the State Board
 2103  of Education following enrollment in summer academies.
 2104         12. The Department of Education must develop, or select,
 2105  and implement a common battery of assessment tools that will be
 2106  used in all juvenile justice programs in the state. These tools
 2107  must accurately measure the core curricular content established
 2108  in the Next Generation Sunshine State Standards.
 2109         13. For students seeking a special diploma pursuant to s.
 2110  1003.438, the Department of Education must develop or select and
 2111  implement an alternate assessment tool that accurately measures
 2112  the core curricular content established in the Next Generation
 2113  Sunshine State Standards for students with disabilities under s.
 2114  1003.438.
 2115         14. The Commissioner of Education shall establish schedules
 2116  for the administration of statewide assessments and the
 2117  reporting of student test results. When establishing the
 2118  schedules for the administration of statewide assessments, the
 2119  commissioner shall consider the observance of religious and
 2120  school holidays. The commissioner shall, by August 1 of each
 2121  year, notify each school district in writing and publish on the
 2122  department’s Internet website the testing and reporting
 2123  schedules for, at a minimum, the school year following the
 2124  upcoming school year. The testing and reporting schedules shall
 2125  require that:
 2126         a. There is the latest possible administration of statewide
 2127  assessments and the earliest possible reporting to the school
 2128  districts of student test results which is feasible within
 2129  available technology and specific appropriations; however, test
 2130  results for the FCAT must be made available no later than the
 2131  week of June 8. Student results for end-of-course assessments
 2132  must be provided no later than 1 week after the school district
 2133  completes testing for each course. The commissioner may extend
 2134  the reporting schedule as he or she determines necessary.
 2135         b. Beginning with the 2010-2011 school year, FCAT Writing
 2136  is not administered earlier than the week of March 1 and a
 2137  comprehensive statewide assessment of any other subject is not
 2138  administered earlier than the week of April 15, unless the
 2139  commissioner determines otherwise.
 2140         c. A statewide, standardized end-of-course assessment is
 2141  administered during a 3-week period at the end of the course.
 2142  The commissioner shall select a 3-week administration period for
 2143  assessments that meets the intent of end-of-course assessments
 2144  and provides student results prior to the end of the course.
 2145  School districts shall select 1 testing week within the 3-week
 2146  administration period for each end-of-course assessment. For an
 2147  end-of-course assessment administered at the end of the first
 2148  semester, the commissioner shall determine the most appropriate
 2149  testing dates based on a school district’s academic calendar.
 2150  
 2151  The commissioner may, based on collaboration and input from
 2152  school districts, design and implement student testing programs,
 2153  for any grade level and subject area, necessary to effectively
 2154  monitor educational achievement in the state, including the
 2155  measurement of educational achievement of the Next Generation
 2156  Sunshine State Standards for students with disabilities.
 2157  Development and refinement of assessments shall include
 2158  universal design principles and accessibility standards that
 2159  will prevent any unintended obstacles for students with
 2160  disabilities while ensuring the validity and reliability of the
 2161  test. These principles should be applicable to all technology
 2162  platforms and assistive devices available for the assessments.
 2163  The field testing process and psychometric analyses for the
 2164  statewide assessment program must include an appropriate
 2165  percentage of students with disabilities and an evaluation or
 2166  determination of the effect of test items on such students.
 2167         Section 33. Paragraph (b) of subsection (3) and subsection
 2168  (4) of section 1008.33, Florida Statutes, are amended to read:
 2169         1008.33 Authority to enforce public school improvement.—
 2170         (3)
 2171         (b) For the purpose of determining whether a public school
 2172  requires action to achieve a sufficient level of school
 2173  improvement, the Department of Education shall annually
 2174  categorize a public school in one of six categories based on the
 2175  following:
 2176         1. The portion of a school’s grade based on statewide
 2177  assessments administered pursuant to s. 1008.22; and
 2178         2.school’s grade, pursuant to s. 1008.34, and The level
 2179  and rate of change in student performance in the areas of
 2180  reading and mathematics, disaggregated into student subgroups as
 2181  described in the federal Elementary and Secondary Education Act,
 2182  20 U.S.C. s. 6311(b)(2)(C)(v)(II).
 2183         (4) The Department of Education shall create a matrix that
 2184  reflects intervention and support strategies to address the
 2185  particular needs of schools in each category. For purposes of
 2186  this subsection, a school’s grade shall be calculated in
 2187  accordance with paragraph (3)(b).
 2188         (a) Intervention and support strategies shall be applied to
 2189  schools based upon the school categorization. The Department of
 2190  Education shall apply the most intense intervention strategies
 2191  to the lowest-performing schools. For all but the lowest
 2192  category and “F” schools in the second lowest category, the
 2193  intervention and support strategies shall be administered solely
 2194  by the districts and the schools.
 2195         (b) Beginning with the school grades calculated in
 2196  accordance with paragraph (3)(b) for the 2010-2011 school year,
 2197  the lowest-performing schools are schools that have received:
 2198         1. a grade of “F” in the most recent school year and in 2 4
 2199  of the last 4 6 years; or
 2200         2. A grade of “D” or “F” in the most recent school year and
 2201  meet at least three of the following criteria:
 2202         a. The percentage of students who are not proficient in
 2203  reading has increased when compared to measurements taken 5
 2204  years previously;
 2205         b. The percentage of students who are not proficient in
 2206  mathematics has increased when compared to measurements taken 5
 2207  years previously;
 2208         c. At least 65 percent of the school’s students are not
 2209  proficient in reading; or
 2210         d. At least 65 percent of the school’s students are not
 2211  proficient in mathematics.
 2212         Section 34. Subsection (3) of section 1008.34, Florida
 2213  Statutes, is amended to read:
 2214         1008.34 School grading system; school report cards;
 2215  district grade.—
 2216         (3) DESIGNATION OF SCHOOL GRADES.—
 2217         (a) Each school that has students who are tested and
 2218  included in the school grading system shall receive a school
 2219  grade, except as follows:
 2220         1. A school shall not receive a school grade if the number
 2221  of its students tested and included in the school grading system
 2222  is less than the minimum sample size necessary, based on
 2223  accepted professional practice, for statistical reliability and
 2224  prevention of the unlawful release of personally identifiable
 2225  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
 2226         2. An alternative school may choose to receive a school
 2227  grade under this section or a school improvement rating under s.
 2228  1008.341. For charter schools that meet the definition of an
 2229  alternative school pursuant to State Board of Education rule,
 2230  the decision to receive a school grade is the decision of the
 2231  charter school governing board.
 2232         3. A school that serves any combination of students in
 2233  kindergarten through grade 3 which does not receive a school
 2234  grade because its students are not tested and included in the
 2235  school grading system shall receive the school grade designation
 2236  of a K-3 feeder pattern school identified by the Department of
 2237  Education and verified by the school district. A school feeder
 2238  pattern exists if at least 60 percent of the students in the
 2239  school serving a combination of students in kindergarten through
 2240  grade 3 are scheduled to be assigned to the graded school.
 2241         (b)1. A school’s grade shall be based on a combination of:
 2242         a. Student achievement scores, including achievement on all
 2243  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 2244  course assessments administered under s. 1008.22(3)(c)2.a., and
 2245  achievement scores for students seeking a special diploma.
 2246         b. Student learning gains in reading and mathematics as
 2247  measured by FCAT and end-of-course assessments, as described in
 2248  s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
 2249  a special diploma, as measured by an alternate assessment tool,
 2250  shall be included not later than the 2009-2010 school year.
 2251         c. Improvement of the lowest 25th percentile of students in
 2252  the school in reading and mathematics on the FCAT or end-of
 2253  course assessments described in s. 1008.22(3)(c)2.a., unless
 2254  these students are exhibiting satisfactory performance.
 2255         2. Beginning with the 2011-2012 school year, for schools
 2256  comprised of middle school grades 6 through 8 or grades 7 and 8,
 2257  the schools’ grade shall include the performance and
 2258  participation of its students in high school level courses with
 2259  end-of-course assessments administered under s.
 2260  1008.22(3)(c)2.a.
 2261         3.2. Beginning with the 2009-2010 school year for schools
 2262  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 2263  11, and 12, 50 percent of the school grade shall be based on a
 2264  combination of the factors listed in sub-subparagraphs 1.a.-c.
 2265  and the remaining 50 percent on the following factors:
 2266         a. The high school graduation rate of the school;
 2267         b. As valid data becomes available, the performance and
 2268  participation of the school’s students in College Board Advanced
 2269  Placement courses, International Baccalaureate courses, dual
 2270  enrollment courses, and Advanced International Certificate of
 2271  Education courses; and the students’ achievement of national
 2272  industry certification identified in the Industry Certification
 2273  Funding List, pursuant to rules adopted by the State Board of
 2274  Education;
 2275         c. Postsecondary readiness of the school’s students as
 2276  measured by the SAT, ACT, or the common placement test;
 2277         d. The high school graduation rate of at-risk students who
 2278  scored at Level 2 or lower on the grade 8 FCAT Reading and
 2279  Mathematics examinations;
 2280         e. As valid data becomes available, the performance of the
 2281  school’s students on statewide standardized end-of-course
 2282  assessments administered under s. 1008.22(3)(c)2.b. and c.; and
 2283         f. The growth or decline in the components listed in sub
 2284  subparagraphs a.-e. from year to year.
 2285         (c) Student assessment data used in determining school
 2286  grades shall include:
 2287         1. The aggregate scores of all eligible students enrolled
 2288  in the school who have been assessed on the FCAT and statewide,
 2289  standardized end-of-course assessments in courses required for
 2290  high school graduation, including, beginning with the 2010-2011
 2291  school year, the end-of-course assessment in Algebra I; and
 2292  beginning with the 2011-2012 school year, the end-of-course
 2293  assessments in geometry and Biology; and beginning with the
 2294  2013-2014 school year, on the statewide, standardized end-of
 2295  course assessment in civics education at the middle school
 2296  level.
 2297         2. The aggregate scores of all eligible students enrolled
 2298  in the school who have been assessed on the FCAT and end-of
 2299  course assessments as described in s. 1008.22(3)(c)2.a., and who
 2300  have scored at or in the lowest 25th percentile of students in
 2301  the school in reading and mathematics, unless these students are
 2302  exhibiting satisfactory performance.
 2303         3. The achievement scores and learning gains of eligible
 2304  students attending alternative schools that provide dropout
 2305  prevention and academic intervention services pursuant to s.
 2306  1003.53. The term “eligible students” in this subparagraph does
 2307  not include students attending an alternative school who are
 2308  subject to district school board policies for expulsion for
 2309  repeated or serious offenses, who are in dropout retrieval
 2310  programs serving students who have officially been designated as
 2311  dropouts, or who are in programs operated or contracted by the
 2312  Department of Juvenile Justice. The student performance data for
 2313  eligible students identified in this subparagraph shall be
 2314  included in the calculation of the home school’s grade. As used
 2315  in this subparagraph section and s. 1008.341, the term “home
 2316  school” means the school to which the student would be assigned
 2317  if the student were not assigned to an alternative school. If an
 2318  alternative school chooses to be graded under this section,
 2319  student performance data for eligible students identified in
 2320  this subparagraph shall not be included in the home school’s
 2321  grade but shall be included only in the calculation of the
 2322  alternative school’s grade. A school district that fails to
 2323  assign the FCAT and end-of-course assessment as described in s.
 2324  1008.22(3)(c)2.a. scores of each of its students to his or her
 2325  home school or to the alternative school that receives a grade
 2326  shall forfeit Florida School Recognition Program funds for 1
 2327  fiscal year. School districts must require collaboration between
 2328  the home school and the alternative school in order to promote
 2329  student success. This collaboration must include an annual
 2330  discussion between the principal of the alternative school and
 2331  the principal of each student’s home school concerning the most
 2332  appropriate school assignment of the student.
 2333         4. The achievement scores and learning gains of students
 2334  designated as hospital or homebound. Student assessment data for
 2335  students designated as hospital or homebound shall be assigned
 2336  to their home school for the purposes of school grades. As used
 2337  in this subparagraph, the term “home school” means the school to
 2338  which a student would be assigned if the student were not
 2339  assigned to a hospital or homebound program.
 2340         5.4. For schools comprised of high school grades 9, 10, 11,
 2341  and 12, or grades 10, 11, and 12, the data listed in
 2342  subparagraphs 1.-3. and the following data as the Department of
 2343  Education determines such data are valid and available:
 2344         a. The high school graduation rate of the school as
 2345  calculated by the Department of Education;
 2346         b. The participation rate of all eligible students enrolled
 2347  in the school and enrolled in College Board Advanced Placement
 2348  courses; International Baccalaureate courses; dual enrollment
 2349  courses; Advanced International Certificate of Education
 2350  courses; and courses or sequence of courses leading to national
 2351  industry certification identified in the Industry Certification
 2352  Funding List, pursuant to rules adopted by the State Board of
 2353  Education;
 2354         c. The aggregate scores of all eligible students enrolled
 2355  in the school in College Board Advanced Placement courses,
 2356  International Baccalaureate courses, and Advanced International
 2357  Certificate of Education courses;
 2358         d. Earning of college credit by all eligible students
 2359  enrolled in the school in dual enrollment programs under s.
 2360  1007.271;
 2361         e. Earning of a national industry certification identified
 2362  in the Industry Certification Funding List, pursuant to rules
 2363  adopted by the State Board of Education;
 2364         f. The aggregate scores of all eligible students enrolled
 2365  in the school in reading, mathematics, and other subjects as
 2366  measured by the SAT, the ACT, and the common placement test for
 2367  postsecondary readiness;
 2368         g. The high school graduation rate of all eligible at-risk
 2369  students enrolled in the school who scored at Level 2 or lower
 2370  on the grade 8 FCAT Reading and Mathematics examinations;
 2371         h. The performance of the school’s students on statewide
 2372  standardized end-of-course assessments administered under s.
 2373  1008.22(3)(c)2.b. and c.; and
 2374         i. The growth or decline in the data components listed in
 2375  sub-subparagraphs a.-h. from year to year.
 2376         (d) Notwithstanding the requirements in paragraphs (b) and
 2377  (c), beginning with the 2011-2012 school year, a school that
 2378  does not meet the minimum proficiency standards established by
 2379  the State Board of Education shall receive a school grade of
 2380  “F.” A definition of minimum proficiency must include a minimum
 2381  percent of students proficient in reading and may include
 2382  significant gains from the prior year as a condition for waiving
 2383  this paragraph.
 2384  
 2385  The State Board of Education shall adopt appropriate criteria
 2386  for each school grade. The criteria must also give added weight
 2387  to student achievement in reading. Schools designated with a
 2388  grade of “C,” making satisfactory progress, shall be required to
 2389  demonstrate that adequate progress has been made by students in
 2390  the school who are in the lowest 25th percentile in reading and
 2391  mathematics on the FCAT and end-of-course assessments as
 2392  described in s. 1008.22(3)(c)2.a., unless these students are
 2393  exhibiting satisfactory performance. Beginning with the 2009
 2394  2010 school year for schools comprised of high school grades 9,
 2395  10, 11, and 12, or grades 10, 11, and 12, the criteria for
 2396  school grades must also give added weight to the graduation rate
 2397  of all eligible at-risk students, as defined in this paragraph.
 2398  Beginning in the 2009-2010 school year, in order for a high
 2399  school to be designated as having a grade of “A,” making
 2400  excellent progress, the school must demonstrate that at-risk
 2401  students, as defined in this paragraph, in the school are making
 2402  adequate progress.
 2403         Section 35. Paragraph (a) of subsection (3) of section
 2404  1011.01, Florida Statutes, is amended to read:
 2405         1011.01 Budget system established.—
 2406         (3)(a) Each district school board and each community
 2407  college board of trustees shall prepare, adopt, and submit to
 2408  the Commissioner of Education for review an annual operating
 2409  budget. Operating budgets shall be prepared and submitted in
 2410  accordance with the provisions of law, rules of the State Board
 2411  of Education, the General Appropriations Act, and for district
 2412  school boards in accordance with the provisions of ss. 200.065
 2413  and 1011.64.
 2414         Section 36. Subsection (4) of section 1011.03, Florida
 2415  Statutes, is amended to read:
 2416         1011.03 Public hearings; budget to be submitted to
 2417  Department of Education.—
 2418         (4) The board shall hold public hearings to adopt tentative
 2419  and final budgets pursuant to s. 200.065. The hearings shall be
 2420  primarily for the purpose of hearing requests and complaints
 2421  from the public regarding the budgets and the proposed tax
 2422  levies and for explaining the budget and proposed or adopted
 2423  amendments thereto, if any. The district school board shall then
 2424  require the superintendent to transmit forthwith two copies of
 2425  the adopted budget to the Department of Education for approval
 2426  as prescribed by law and rules of the State Board of Education.
 2427         Section 37. Subsection (1) of section 1011.61, Florida
 2428  Statutes, is amended to read:
 2429         1011.61 Definitions.—Notwithstanding the provisions of s.
 2430  1000.21, the following terms are defined as follows for the
 2431  purposes of the Florida Education Finance Program:
 2432         (1) A “full-time equivalent student” in each program of the
 2433  district is defined in terms of full-time students and part-time
 2434  students as follows:
 2435         (a) A “full-time student” is one student on the membership
 2436  roll of one school program or a combination of school programs
 2437  listed in s. 1011.62(1)(c) for the school year or the equivalent
 2438  for:
 2439         1. Instruction in a standard school, comprising not less
 2440  than 900 net hours for a student in or at the grade level of 4
 2441  through 12, or not less than 720 net hours for a student in or
 2442  at the grade level of kindergarten through grade 3 or in an
 2443  authorized prekindergarten exceptional program;
 2444         2. Instruction in a double-session school or a school
 2445  utilizing an experimental school calendar approved by the
 2446  Department of Education, comprising not less than the equivalent
 2447  of 810 net hours in grades 4 through 12 or not less than 630 net
 2448  hours in kindergarten through grade 3; or
 2449         3. Instruction comprising the appropriate number of net
 2450  hours set forth in subparagraph 1. or subparagraph 2. for
 2451  students who, within the past year, have moved with their
 2452  parents for the purpose of engaging in the farm labor or fish
 2453  industries, if a plan furnishing such an extended school day or
 2454  week, or a combination thereof, has been approved by the
 2455  commissioner. Such plan may be approved to accommodate the needs
 2456  of migrant students only or may serve all students in schools
 2457  having a high percentage of migrant students. The plan described
 2458  in this subparagraph is optional for any school district and is
 2459  not mandated by the state.
 2460         (b) A “part-time student” is a student on the active
 2461  membership roll of a school program or combination of school
 2462  programs listed in s. 1011.62(1)(c) who is less than a full-time
 2463  student.
 2464         (c)1. A “full-time equivalent student” is:
 2465         a. A full-time student in any one of the programs listed in
 2466  s. 1011.62(1)(c); or
 2467         b. A combination of full-time or part-time students in any
 2468  one of the programs listed in s. 1011.62(1)(c) which is the
 2469  equivalent of one full-time student based on the following
 2470  calculations:
 2471         (I) A full-time student, except a postsecondary or adult
 2472  student or a senior high school student enrolled in adult
 2473  education when such courses are required for high school
 2474  graduation, in a combination of programs listed in s.
 2475  1011.62(1)(c) shall be a fraction of a full-time equivalent
 2476  membership in each special program equal to the number of net
 2477  hours per school year for which he or she is a member, divided
 2478  by the appropriate number of hours set forth in subparagraph
 2479  (a)1. or subparagraph (a)2. The difference between that fraction
 2480  or sum of fractions and the maximum value as set forth in
 2481  subsection (4) for each full-time student is presumed to be the
 2482  balance of the student’s time not spent in such special
 2483  education programs and shall be recorded as time in the
 2484  appropriate basic program.
 2485         (II) A prekindergarten handicapped student shall meet the
 2486  requirements specified for kindergarten students.
 2487         (III) A full-time equivalent student for students in
 2488  kindergarten through grade 5 in a school district virtual
 2489  instruction program under s. 1002.45 shall consist of a student
 2490  who has successfully completed a basic program listed in s.
 2491  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
 2492  level.
 2493         (IV) A full-time equivalent student for students in grades
 2494  6 through 8 12 in a school district virtual instruction program
 2495  under s. 1002.45(1)(b)1. and 2. shall consist of six full
 2496  successful course credit completions in programs listed in s.
 2497  1011.62(1)(c)1.b. or c. and 3. A full-time equivalent student
 2498  for students in grades 9 through 12 in a school district virtual
 2499  instruction program under s. 1002.45(1)(b)1. and 2. shall
 2500  consist of six full credit completions in programs listed in s.
 2501  1011.62(1)(c)1.c. or 3. Successful course Credit completions for
 2502  students in grades 6 through 8 can be a combination of either
 2503  successful semester or full-course completions full credits or
 2504  half credits. Successful credit completions for students in
 2505  grades 9 through 12 can be a combination of either credits or
 2506  half credits.
 2507         (V) A Florida Virtual School full-time equivalent student
 2508  shall consist of six full successful course completions for
 2509  students in grades 4 through 8 credit completions in the
 2510  programs listed in s. 1011.62(1)(c)1.b. for grades 6 through 8
 2511  and the programs listed in s. 1011.62(1)(c)1.c. for grades 9
 2512  through 12. A Florida Virtual School full-time equivalent
 2513  student shall consist of six full credit completions for grades
 2514  9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and
 2515  3. Credit or course completions can be a combination of either
 2516  successful semester or full-course completions for grades 6
 2517  through 8 and full credits and half-credits for grades 9 through
 2518  12 full credits or half credits.
 2519         (VI) Each successfully completed credit earned under the
 2520  alternative high school course credit requirements authorized in
 2521  s. 1002.375, which is not reported as a portion of the 900 net
 2522  hours of instruction pursuant to subparagraph (1)(a)1., shall be
 2523  calculated as 1/6 FTE.
 2524         2. A student in membership in a program scheduled for more
 2525  or less than 180 school days or the equivalent on an hourly
 2526  basis as specified by rules of the State Board of Education is a
 2527  fraction of a full-time equivalent membership equal to the
 2528  number of instructional hours in membership divided by the
 2529  appropriate number of hours set forth in subparagraph (a)1.;
 2530  however, for the purposes of this subparagraph, membership in
 2531  programs scheduled for more than 180 days is limited to students
 2532  enrolled in juvenile justice education programs and the Florida
 2533  Virtual School.
 2534  
 2535  The department shall determine and implement an equitable method
 2536  of equivalent funding for experimental schools and for schools
 2537  operating under emergency conditions, which schools have been
 2538  approved by the department to operate for less than the minimum
 2539  school day.
 2540         Section 38. Paragraph (p) of subsection (1) and paragraph
 2541  (b) of subsection (6) of section 1011.62, Florida Statutes, are
 2542  amended to read:
 2543         1011.62 Funds for operation of schools.—If the annual
 2544  allocation from the Florida Education Finance Program to each
 2545  district for operation of schools is not determined in the
 2546  annual appropriations act or the substantive bill implementing
 2547  the annual appropriations act, it shall be determined as
 2548  follows:
 2549         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 2550  OPERATION.—The following procedure shall be followed in
 2551  determining the annual allocation to each district for
 2552  operation:
 2553         (p) Calculation of additional full-time equivalent
 2554  membership based on certification of successful completion of
 2555  industry-certified career and professional academy programs
 2556  pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
 2557  in the Industry Certified Funding List pursuant to rules adopted
 2558  by the State Board of Education.—A maximum value of 0.3 full
 2559  time equivalent student membership shall be calculated for each
 2560  student who completes an industry-certified career and
 2561  professional academy program under ss. 1003.491, 1003.492, and
 2562  1003.493 and who is issued the highest level of industry
 2563  certification identified annually in the Industry Certification
 2564  Funding List approved under rules adopted by the State Board of
 2565  Education and a high school diploma. The value of the full-time
 2566  equivalent student membership shall be determined by weights
 2567  adopted by the State Board of Education pursuant to s. 1003.492.
 2568  Such value shall be added to the total full-time equivalent
 2569  student membership in secondary career education programs for
 2570  grades 9 through 12 in the subsequent year for courses that were
 2571  not funded through dual enrollment. The additional full-time
 2572  equivalent membership authorized under this paragraph may not
 2573  exceed 0.3 per student. Each district must allocate at least 80
 2574  percent of the funds provided for industry certification, in
 2575  accordance with this paragraph, to the program that generated
 2576  the funds. Unless a different amount is specified in the General
 2577  Appropriations Act, the appropriation for this calculation is
 2578  limited to $15 million annually. If the appropriation is
 2579  insufficient to fully fund the total calculation, the
 2580  appropriation shall be prorated.
 2581         (6) CATEGORICAL FUNDS.—
 2582         (b) If a district school board finds and declares in a
 2583  resolution adopted at a regular meeting of the school board that
 2584  the funds received for any of the following categorical
 2585  appropriations are urgently needed to maintain school board
 2586  specified academic classroom instruction, the school board may
 2587  consider and approve an amendment to the school district
 2588  operating budget transferring the identified amount of the
 2589  categorical funds to the appropriate account for expenditure:
 2590         1. Funds for student transportation.
 2591         2. Funds for safe schools.
 2592         3. Funds for supplemental academic instruction.
 2593         4. Funds for research-based reading instruction.
 2594         5. Funds for instructional materials if all instructional
 2595  material purchases necessary to provide updated materials
 2596  aligned to Next Generation Sunshine State Standards and
 2597  benchmarks and that meet statutory requirements of content and
 2598  learning have been completed for that fiscal year, but no sooner
 2599  than March 1, 2011. Funds available after March 1 may be used to
 2600  purchase hardware for student instruction.
 2601         Section 39. Subsection (1) of section 1012.39, Florida
 2602  Statutes, is amended to read:
 2603         1012.39 Employment of substitute teachers, teachers of
 2604  adult education, nondegreed teachers of career education, and
 2605  career specialists; students performing clinical field
 2606  experience.—
 2607         (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
 2608  1012.57, or any other provision of law or rule to the contrary,
 2609  each district school board shall establish the minimal
 2610  qualifications for:
 2611         (a) Substitute teachers to be employed pursuant to s.
 2612  1012.35. The qualifications shall require the filing of a
 2613  complete set of fingerprints in the same manner as required by
 2614  s. 1012.32; documentation of a minimum education level of a high
 2615  school diploma or equivalent; and completion of an initial
 2616  orientation and training program in district policies and
 2617  procedures addressing school safety and security procedures,
 2618  educational liability laws, professional responsibilities, and
 2619  ethics.
 2620         (b) Part-time and full-time teachers in adult education
 2621  programs. The qualifications shall require the filing of a
 2622  complete set of fingerprints in the same manner as required by
 2623  s. 1012.32. Faculty employed solely to conduct postsecondary
 2624  instruction may be exempted from this requirement.
 2625         (c) Part-time and full-time nondegreed teachers of career
 2626  programs. Qualifications shall be established for nondegreed
 2627  teachers of career and technical education courses for program
 2628  clusters that are recognized in the state and agriculture,
 2629  business, health occupations, family and consumer sciences,
 2630  industrial, marketing, career specialist, and public service
 2631  education teachers, based primarily on successful occupational
 2632  experience rather than academic training. The qualifications for
 2633  such teachers shall require:
 2634         1. The filing of a complete set of fingerprints in the same
 2635  manner as required by s. 1012.32. Faculty employed solely to
 2636  conduct postsecondary instruction may be exempted from this
 2637  requirement.
 2638         2. Documentation of education and successful occupational
 2639  experience including documentation of:
 2640         a. A high school diploma or the equivalent.
 2641         b. Completion of 6 years of full-time successful
 2642  occupational experience or the equivalent of part-time
 2643  experience in the teaching specialization area. Alternate means
 2644  of determining successful occupational experience may be
 2645  established by the district school board.
 2646         c. Completion of career education training conducted
 2647  through the local school district inservice master plan.
 2648         d. For full-time teachers, completion of professional
 2649  education training in teaching methods, course construction,
 2650  lesson planning and evaluation, and teaching special needs
 2651  students. This training may be completed through coursework from
 2652  an accredited or approved institution or an approved district
 2653  teacher education program.
 2654         e. Demonstration of successful teaching performance.
 2655         f. Documentation of industry certification when state or
 2656  national industry certifications are available and applicable.
 2657         Section 40. Except as otherwise expressly provided in this
 2658  act and except for this section, which shall take effect upon
 2659  becoming a law, this act shall take effect July 1, 2011.