Florida Senate - 2011                             CS for SB 1696
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Wise
       
       
       
       
       581-03415-11                                          20111696c1
    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; creating s.
   11         1001.421, F.S.; prohibiting district school board
   12         members from accepting gifts from vendors; amending s.
   13         1002.37, F.S.; conforming provisions to changes made
   14         by the act; amending s. 1002.38, F.S.; revising
   15         provisions relating to the Opportunity Scholarship
   16         Program to require that school grades for all schools
   17         be based on statewide assessments; amending s.
   18         1002.39, F.S.; providing that when a student who is
   19         receiving the John M. McKay Scholarship enrolls in a
   20         public school or public school program, the term of
   21         the student’s scholarship ends; providing an exception
   22         for students who enter a Department of Juvenile
   23         Justice detention center for a period of no more than
   24         21 days; amending s. 1002.45, F.S.; revising
   25         qualification requirements for virtual instruction
   26         program providers; providing that an approved provider
   27         retain its approved status for 3 school years after
   28         approval; amending s. 1002.67, F.S.; requiring that
   29         the State Board of Education periodically review and
   30         revise the performance standards for the statewide
   31         kindergarten screening and align the standards to the
   32         performance standards for statewide assessments;
   33         requiring that a private prekindergarten provider or
   34         public school be placed on probation immediately after
   35         failing to meet minimum standards rather than after 2
   36         consecutive years of such failure; amending s.
   37         1002.69, F.S.; authorizing nonpublic schools to
   38         administer the statewide kindergarten screening to
   39         kindergarten students who were enrolled in the
   40         Voluntary Prekindergarten Program; requiring that the
   41         Department of Education adopt a statewide voluntary
   42         prekindergarten enrollment screening; requiring that
   43         each early learning coalition administer the
   44         enrollment screening; requiring the Department of
   45         Education to include the percentage of students who
   46         meet all state readiness measures in its provider
   47         rating methodology; requiring that each parent or
   48         guardian enrolling his or her child in a voluntary
   49         prekindergarten education program submit the child for
   50         enrollment screening if required by the provider;
   51         removing a limitation on the minimum kindergarten
   52         readiness rate for private and public prekindergarten
   53         providers; amending s. 1002.71, F.S.; providing that a
   54         child may reenroll more than once in a prekindergarten
   55         program if granted a good cause exemption; amending s.
   56         1002.73, F.S.; requiring the department to adopt
   57         procedures for annually reporting the percentage of
   58         students who meet all state readiness measures;
   59         requiring that the Department of Education adopt
   60         procedures for the statewide voluntary prekindergarten
   61         enrollment screening, adopting the fee schedule,
   62         determining learning gains of students who complete
   63         the voluntary prekindergarten and kindergarten
   64         screenings, and annually reporting the readiness of
   65         kindergarten students; amending s. 1003.4156, F.S.;
   66         revising the general requirements for middle grades
   67         promotion; providing that a student with a disability
   68         may have his or her end-of-course assessment results
   69         waived under certain circumstances; providing that a
   70         middle grades student is exempt from the reading
   71         remediation requirements under certain circumstances;
   72         amending s. 1003.428, F.S.; revising provisions
   73         relating to the general requirements for high school
   74         graduation; providing that a high school student may
   75         be exempt from intensive reading under certain
   76         circumstances; amending s. 1003.491, F.S.; revising
   77         provisions relating to the Florida Career and
   78         Professional Education Act; replacing references to
   79         local workforce boards with regional workforce boards;
   80         requiring that economic development agencies
   81         collaborate with each district school board, regional
   82         workforce boards, and postsecondary institutions to
   83         develop a strategic 5-year plan that addresses local
   84         and regional workforce demands; requiring that the
   85         strategic plan include access to courses offered
   86         through virtual education providers and a review of
   87         career and professional academy courses; requiring
   88         that the strategic plan be reviewed, updated, and
   89         jointly approved; amending s. 1003.492, F.S.; revising
   90         provisions relating to industry-certified career
   91         education programs to conform to changes made by the
   92         act; requiring that rules adopted by the State Board
   93         of Education include an approval process for
   94         determining the funding weights of industry
   95         certifications; requiring that the performance factors
   96         for students participating in industry-certified
   97         career education programs include awards of
   98         postsecondary credit and state scholarships; amending
   99         s. 1003.493, F.S.; revising provisions relating to
  100         career and professional academies to conform to
  101         changes made by the act; requiring that career and
  102         professional academies discontinue enrollment of
  103         students for the following year if the passage rate on
  104         the industry certification exam falls below 50
  105         percent; creating s. 1003.4935, F.S.; requiring that
  106         each district school board, in collaboration with
  107         regional workforce boards, economic development
  108         agencies, and state-approved postsecondary
  109         institutions, include a component in the strategic 5
  110         year plan to implement a career and professional
  111         academy in at least one middle school in each
  112         district; providing requirements for the middle school
  113         career and professional academies; requiring that the
  114         Department of Education collect and report student
  115         achievement data for middle school career academy
  116         students; amending s. 1003.575, F.S.; revising
  117         provisions relating to assistive technology devices
  118         for young persons with disabilities to require that
  119         any school having an individualized education plan
  120         team arrange to complete an assistive technology
  121         assessment within a specified number of days after
  122         receiving a request for such assessment; amending s.
  123         1008.22, F.S.; revising provisions relating to the
  124         student assessment program for public schools;
  125         requiring that the Commissioner of Education direct
  126         school districts to participate in the administration
  127         of the National Assessment of Educational Progress or
  128         similar national or international assessment program;
  129         providing for future expiration of the requirement
  130         that school districts participate in international
  131         assessment programs; authorizing the school principal
  132         to exempt certain students from the end-of-course
  133         assessment in civics education; amending s. 1008.33,
  134         F.S.; revising provisions relating to public school
  135         improvement; requiring that the Department of
  136         Education categorize public schools based on the
  137         portion of a school’s grade that relies on statewide
  138         assessments; revising the categorization of the
  139         lowest-performing schools; amending s. 1008.331, F.S.,
  140         relating to supplemental educational services in Title
  141         I schools; providing that a school board may include
  142         in its district contract with a provider a requirement
  143         to use a uniform standardized assessment if the
  144         Department of Education is notified of such intent
  145         before services are provided to the student; amending
  146         s. 1008.34, F.S.; revising provisions relating to the
  147         designation of school grades to conform to changes
  148         made by the act; providing for assigning achievement
  149         scores and learning gains for students who are
  150         hospital or homebound; requiring that a school that
  151         does not meet minimum proficiency standards
  152         established by the State Board of Education receive a
  153         school grade of “F”; amending ss. 1011.01 and 1011.03,
  154         F.S., relating to the annual operating budgets of
  155         district school boards and community college boards of
  156         trustees; deleting a requirement that the adopted
  157         budget be transmitted to the Department of Education
  158         for review and approval; creating s. 1011.035, F.S.;
  159         requiring each school district to post certain
  160         budgetary information on its website; requiring that
  161         each district school board’s website contain certain
  162         specified links; amending s. 1011.61, F.S.; redefining
  163         the term “full-time equivalent student” as it relates
  164         to students in virtual instruction programs; amending
  165         s. 1011.62, F.S.; revising provisions relating to the
  166         calculation of additional full-time equivalent
  167         membership based on certification of successful
  168         completion of industry-certified career and
  169         professional academy programs; requiring that the
  170         value of full-time equivalent membership be determined
  171         by weights adopted by the State Board of Education;
  172         conforming provisions; amending s. 1012.39, F.S.;
  173         requiring that each district school board establish
  174         qualifications for nondegreed teachers of career and
  175         technical education courses for program clusters
  176         recognized in the state; authorizing district school
  177         boards to establish alternative qualifications for
  178         certain teachers; providing effective dates.
  179  
  180  Be It Enacted by the Legislature of the State of Florida:
  181  
  182         Section 1. Paragraph (a) of subsection (4) of section
  183  1001.20, Florida Statutes, is amended to read:
  184         1001.20 Department under direction of state board.—
  185         (4) The Department of Education shall establish the
  186  following offices within the Office of the Commissioner of
  187  Education which shall coordinate their activities with all other
  188  divisions and offices:
  189         (a) Office of Technology and Information Services.
  190  Responsible for developing a systemwide technology plan, making
  191  budget recommendations to the commissioner, providing data
  192  collection and management for the system, assisting school
  193  districts in securing Internet access and telecommunications
  194  services, including those eligible for funding under the Schools
  195  and Libraries Program of the federal Universal Service Fund, and
  196  coordinating services with other state, local, and private
  197  agencies. The office shall develop a method to address the need
  198  for a statewide approach to planning and operations of library
  199  and information services to achieve a single K-20 education
  200  system library information portal and a unified higher education
  201  library management system. The Florida Virtual School shall be
  202  administratively housed within the office.
  203         Section 2. Subsection (23) of section 1001.42, Florida
  204  Statutes, is amended to read:
  205         1001.42 Powers and duties of district school board.—The
  206  district school board, acting as a board, shall exercise all
  207  powers and perform all duties listed below:
  208         (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access
  209  to enroll in courses available through the Florida Virtual
  210  School and award credit for successful completion of such
  211  courses. Access shall be available to students during and or
  212  after the normal school day and through summer school
  213  enrollment.
  214         Section 3. Section 1001.421, Florida Statutes, is created
  215  to read:
  216         1001.421Gifts.—Notwithstanding ss. 112.3148 and 112.3149,
  217  or any other provision of law to the contrary, school board
  218  members and their relatives as defined in s. 112.312(21), may
  219  not solicit or accept, directly or indirectly, any gift as
  220  defined in s. 112.312(12), from any person, vendor, potential
  221  vendor, or other entity doing business with the school district.
  222         Section 4. Paragraph (a) of subsection (1) of section
  223  1002.37, Florida Statutes, is amended to read:
  224         1002.37 The Florida Virtual School.—
  225         (1)(a) The Florida Virtual School is established for the
  226  development and delivery of online and distance learning
  227  education and shall be administratively housed within the
  228  Commissioner of Education’s Office of Technology and Information
  229  Services. The Commissioner of Education shall monitor the
  230  school’s performance and report its performance to the State
  231  Board of Education and the Legislature.
  232  
  233  The board of trustees of the Florida Virtual School shall
  234  identify appropriate performance measures and standards based on
  235  student achievement that reflect the school’s statutory mission
  236  and priorities, and shall implement an accountability system for
  237  the school that includes assessment of its effectiveness and
  238  efficiency in providing quality services that encourage high
  239  student achievement, seamless articulation, and maximum access.
  240         Section 5. Paragraph (f) is added to subsection (3) of
  241  section 1002.38, Florida Statutes, to read:
  242         1002.38 Opportunity Scholarship Program.—
  243         (3) SCHOOL DISTRICT OBLIGATIONS.—
  244         (f) For purposes of this subsection, school grades for all
  245  schools shall be based upon statewide assessments administered
  246  pursuant to s. 1008.22.
  247         Section 6. Paragraph (a) of subsection (4) of section
  248  1002.39, Florida Statutes, is amended to read:
  249         1002.39 The John M. McKay Scholarships for Students with
  250  Disabilities Program.—There is established a program that is
  251  separate and distinct from the Opportunity Scholarship Program
  252  and is named the John M. McKay Scholarships for Students with
  253  Disabilities Program.
  254         (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
  255         (a) For purposes of continuity of educational choice, a
  256  John M. McKay Scholarship shall remain in force until the
  257  student returns to a public school, graduates from high school,
  258  or reaches the age of 22, whichever occurs first. A scholarship
  259  student who enrolls in a public school or public school program
  260  has returned to a public school for purposes of determining the
  261  end of the scholarship’s term. However, if a student enters a
  262  Department of Juvenile Justice detention center for a period of
  263  no more than 21 days, the student is not considered to have
  264  returned to a public school for that purpose.
  265         Section 7. Paragraph (b) of subsection (2) of section
  266  1002.45, Florida Statutes, is amended to read:
  267         1002.45 School district virtual instruction programs.—
  268         (2) PROVIDER QUALIFICATIONS.—
  269         (b) An approved provider shall retain its approved status
  270  during the 3 school years for a period of 3 years after the date
  271  of the department’s approval under paragraph (a) as long as the
  272  provider continues to comply with all requirements of this
  273  section.
  274         Section 8. Subsection (1) and paragraph (c) of subsection
  275  (3) of section 1002.67, Florida Statutes, are amended to read:
  276         1002.67 Performance standards; curricula and
  277  accountability.—
  278         (1)(a) By April 1, 2005, the department shall develop and
  279  adopt performance standards for students in the Voluntary
  280  Prekindergarten Education Program. The performance standards
  281  must address the age-appropriate progress of students in the
  282  development of:
  283         1.(a) The capabilities, capacities, and skills required
  284  under s. 1(b), Art. IX of the State Constitution; and
  285         2.(b) Emergent literacy skills, including oral
  286  communication, knowledge of print and letters, phonemic and
  287  phonological awareness, and vocabulary and comprehension
  288  development.
  289         (b) The State Board of Education shall periodically review
  290  and revise the performance standards for the statewide
  291  kindergarten screening administered under s. 1002.69 and align
  292  the standards to those established by the board for the
  293  expectations of student performance on the statewide assessments
  294  administered pursuant to s. 1008.22.
  295         (3)
  296         (c)1. If the kindergarten readiness rate of a private
  297  prekindergarten provider or public school falls below the
  298  minimum rate adopted by the State Board of Education as
  299  satisfactory under s. 1002.69(6), the early learning coalition
  300  or school district, as applicable, shall require the provider or
  301  school to submit an improvement plan for approval by the
  302  coalition or school district, as applicable, and to implement
  303  the plan.
  304         2. If a private prekindergarten provider or public school
  305  fails to meet the minimum rate adopted by the State Board of
  306  Education as satisfactory under s. 1002.69(6) for 2 consecutive
  307  years, the early learning coalition or school district, as
  308  applicable, shall place the provider or school on probation and
  309  must require the provider or school to take certain corrective
  310  actions, including the use of a curriculum approved by the
  311  department under paragraph (2)(c) and requiring newly admitted
  312  voluntary prekindergarten program students to complete the
  313  statewide voluntary prekindergarten enrollment screening for
  314  which the provider must pay.
  315         3. A private prekindergarten provider or public school that
  316  is placed on probation must continue the corrective actions
  317  required under subparagraph 2., including the use of a
  318  curriculum approved by the department, until the provider or
  319  school meets the minimum rate adopted by the State Board of
  320  Education as satisfactory under s. 1002.69(6).
  321         4. If a private prekindergarten provider or public school
  322  remains on probation for 2 consecutive years and fails to meet
  323  the minimum rate adopted by the State Board of Education as
  324  satisfactory under s. 1002.69(6) and is not granted a good cause
  325  exemption by the department pursuant to s. 1002.69(7), the
  326  Agency for Workforce Innovation shall require the early learning
  327  coalition or the Department of Education shall require the
  328  school district to remove, as applicable, the provider or school
  329  from eligibility to deliver the Voluntary Prekindergarten
  330  Education Program and receive state funds for the program.
  331         Section 9. Section 1002.69, Florida Statutes, is amended to
  332  read:
  333         1002.69 Statewide kindergarten screening; kindergarten
  334  readiness rates; prekindergarten enrollment screening.—
  335         (1)(a) The department shall adopt a statewide kindergarten
  336  screening that assesses the readiness of each student for
  337  kindergarten based upon the performance standards adopted by the
  338  department under s. 1002.67(1) for the Voluntary Prekindergarten
  339  Education Program. The department shall require that each school
  340  district administer the statewide kindergarten screening to each
  341  kindergarten student in the school district within the first 30
  342  school days of each school year. Nonpublic schools may
  343  administer the statewide kindergarten screening to each
  344  kindergarten student in a nonpublic school who was enrolled in
  345  the Voluntary Prekindergarten Education Program.
  346         (b) The department shall also adopt a statewide voluntary
  347  prekindergarten enrollment screening that assesses the readiness
  348  of each student for kindergarten upon entry into a voluntary
  349  prekindergarten program placed on probation under s.
  350  1002.67(3)(c)2., for which the voluntary prekindergarten
  351  provider must pay. The department shall require each early
  352  learning coalition to administer the statewide voluntary
  353  prekindergarten enrollment screening in accordance with this
  354  section.
  355         (2) The statewide voluntary prekindergarten enrollment
  356  screening and the kindergarten screening shall provide objective
  357  data concerning each student’s readiness for kindergarten and
  358  progress in attaining the performance standards adopted by the
  359  department under s. 1002.67(1).
  360         (3) The statewide voluntary prekindergarten enrollment
  361  screening and the kindergarten screening shall incorporate
  362  mechanisms for recognizing potential variations in kindergarten
  363  readiness rates for students with disabilities.
  364         (4) Each parent who enrolls his or her child in the
  365  Voluntary Prekindergarten Education Program must submit the
  366  child for the statewide kindergarten screening, regardless of
  367  whether the child is admitted to kindergarten in a public school
  368  or nonpublic school. Each parent who enrolls his or her child in
  369  a voluntary prekindergarten education program must submit the
  370  child for statewide voluntary prekindergarten enrollment
  371  screening if required by the provider. Each school district
  372  shall designate sites to administer the statewide kindergarten
  373  screening for children admitted to kindergarten in a nonpublic
  374  school.
  375         (5) The State Board of Education shall adopt procedures for
  376  the department to annually calculate each private
  377  prekindergarten provider’s and public school’s kindergarten
  378  readiness rate, which must be expressed as the percentage of the
  379  provider’s or school’s students who are assessed as ready for
  380  kindergarten. The kindergarten readiness rates must be based
  381  exclusively upon the results of the statewide kindergarten
  382  screening for students completing the Voluntary Prekindergarten
  383  Education Program, beginning with students completing the
  384  program during the 2005-2006 school year who are administered
  385  the statewide kindergarten screening during the 2006-2007 school
  386  year. The methodology for calculating each provider’s readiness
  387  rate must include the percentage of students who meet all state
  388  readiness measures. The rates must not include students who are
  389  not administered the statewide kindergarten screening.
  390         (6)(a) The State Board of Education shall periodically
  391  adopt a minimum kindergarten readiness rate that, if achieved by
  392  a private prekindergarten provider or public school, would
  393  demonstrate the provider’s or school’s satisfactory delivery of
  394  the Voluntary Prekindergarten Education Program.
  395         (b) The minimum rate must not exceed the rate at which more
  396  than 15 percent of the kindergarten readiness rates of all
  397  private prekindergarten providers and public schools delivering
  398  the Voluntary Prekindergarten Education Program in the state
  399  would fall below the minimum rate.
  400         (7)(a) Notwithstanding s. 1002.67(3)(c)4., the State Board
  401  of Education, upon the request of a private prekindergarten
  402  provider or public school that remains on probation for 2
  403  consecutive years or more and subsequently fails to meet the
  404  minimum rate adopted under subsection (6) and for good cause
  405  shown, may grant to the provider or school an exemption from
  406  being determined ineligible to deliver the Voluntary
  407  Prekindergarten Education Program and receive state funds for
  408  the program. Such exemption is valid for 1 year and, upon the
  409  request of the private prekindergarten provider or public school
  410  and for good cause shown, may be renewed.
  411         (b) A private prekindergarten provider’s or public school’s
  412  request for a good cause exemption, or renewal of such an
  413  exemption, must be submitted to the state board in the manner
  414  and within the timeframes prescribed by the state board and must
  415  include the following:
  416         1. Submission of data by the private prekindergarten
  417  provider or public school which documents on a standardized
  418  assessment the achievement and progress of the children served.
  419         2. Submission and review of data available from the
  420  respective early learning coalition or district school board,
  421  the Department of Children and Family Services, local licensing
  422  authority, or an accrediting association, as applicable,
  423  relating to the private prekindergarten provider’s or public
  424  school’s compliance with state and local health and safety
  425  standards.
  426         3. Submission and review of data available to the
  427  department on the performance of the children served and the
  428  calculation of the private prekindergarten provider’s or public
  429  school’s kindergarten readiness rate.
  430         (c) The State Board of Education shall adopt criteria for
  431  granting good cause exemptions. Such criteria shall include, but
  432  are not limited to:
  433         1. Learning gains of children served in the Voluntary
  434  Prekindergarten Education Program by the private prekindergarten
  435  provider or public school.
  436         2. Verification that the private prekindergarten provider
  437  or public school serves at least twice the statewide percentage
  438  of children with disabilities as defined in s. 1003.01(3)(a) or
  439  children identified as limited English proficient as defined in
  440  s. 1003.56.
  441         2.3. Verification that local and state health and safety
  442  requirements are met.
  443         (d) A good cause exemption may not be granted to any
  444  private prekindergarten provider that has any class I violations
  445  or two or more class II violations within the 2 years preceding
  446  the provider’s or school’s request for the exemption. For
  447  purposes of this paragraph, class I and class II violations have
  448  the same meaning as provided in s. 402.281(3).
  449         (e) A private prekindergarten provider or public school
  450  granted a good cause exemption shall continue to implement its
  451  improvement plan and continue the corrective actions required
  452  under s. 1002.67(3)(c)2., including the use of a curriculum
  453  approved by the department, until the provider or school meets
  454  the minimum rate adopted under subsection (6).
  455         (f) The State Board of Education shall notify the Agency
  456  for Workforce Innovation of any good cause exemption granted to
  457  a private prekindergarten provider under this subsection. If a
  458  good cause exemption is granted to a private prekindergarten
  459  provider who remains on probation for 2 consecutive years, the
  460  Agency for Workforce Innovation shall notify the early learning
  461  coalition of the good cause exemption and direct that the
  462  coalition, notwithstanding s. 1002.67(3)(c)4., not remove the
  463  provider from eligibility to deliver the Voluntary
  464  Prekindergarten Education Program or to receive state funds for
  465  the program, if the provider meets all other applicable
  466  requirements of this part.
  467         Section 10. Subsection (4) of section 1002.71, Florida
  468  Statutes, is amended to read:
  469         1002.71 Funding; financial and attendance reporting.—
  470         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  471         (a) A child who, for any of the prekindergarten programs
  472  listed in s. 1002.53(3), has not completed more than 70 percent
  473  of the hours authorized to be reported for funding under
  474  subsection (2), or has not expended more than 70 percent of the
  475  funds authorized for the child under s. 1002.66, may withdraw
  476  from the program for good cause and reenroll in one of the
  477  programs. The total funding for a child who reenrolls in one of
  478  the programs for good cause may not exceed one full-time
  479  equivalent student. Funding for a child who withdraws and
  480  reenrolls in one of the programs for good cause shall be issued
  481  in accordance with the agency’s uniform attendance policy
  482  adopted pursuant to paragraph (6)(d).
  483         (b) A child who has not substantially completed any of the
  484  prekindergarten programs listed in s. 1002.53(3) may withdraw
  485  from the program due to an extreme hardship that is beyond the
  486  child’s or parent’s control, reenroll in one of the summer
  487  programs, and be reported for funding purposes as a full-time
  488  equivalent student in the summer program for which the child is
  489  reenrolled.
  490  
  491  A child may reenroll only once in a prekindergarten program
  492  under this section, unless the child is granted a good cause
  493  exemption under this subsection. A child who reenrolls in a
  494  prekindergarten program under this subsection may not
  495  subsequently withdraw from the program and reenroll. The Agency
  496  for Workforce Innovation shall establish criteria specifying
  497  whether a good cause exists for a child to withdraw from a
  498  program under paragraph (a), whether a child has substantially
  499  completed a program under paragraph (b), and whether an extreme
  500  hardship exists which is beyond the child’s or parent’s control
  501  under paragraph (b).
  502         Section 11. Subsection (2) of section 1002.73, Florida
  503  Statutes, is amended to read:
  504         1002.73 Department of Education; powers and duties;
  505  accountability requirements.—
  506         (2) The department shall adopt procedures for its:
  507         (a) Approval of prekindergarten director credentials under
  508  ss. 1002.55 and 1002.57.
  509         (b) Approval of emergent literacy training courses under
  510  ss. 1002.55 and 1002.59.
  511         (c) Administration of the statewide kindergarten screening
  512  and calculation of kindergarten readiness rates under s.
  513  1002.69.
  514         (d) Adoption of the statewide voluntary prekindergarten
  515  enrollment screening, the associated fee schedule, and the
  516  process for determining learning gains of students who complete
  517  the statewide voluntary prekindergarten enrollment screening and
  518  the statewide kindergarten screening.
  519         (e)(d) Approval of specialized instructional services
  520  providers under s. 1002.66.
  521         (f)Annual reporting of the percentage of kindergarten
  522  students who meet all state readiness measures.
  523         (g)(e) Granting of a private prekindergarten provider’s or
  524  public school’s request for a good cause exemption under s.
  525  1002.69(7).
  526         Section 12. Subsection (1) of section 1003.4156, Florida
  527  Statutes, is amended to read:
  528         1003.4156 General requirements for middle grades
  529  promotion.—
  530         (1) Beginning with students entering grade 6 in the 2006
  531  2007 school year, promotion from a school composed of middle
  532  grades 6, 7, and 8 requires that:
  533         (a) The student must successfully complete academic courses
  534  as follows:
  535         1. Three middle school or higher courses in English. These
  536  courses shall emphasize literature, composition, and technical
  537  text.
  538         2. Three middle school or higher courses in mathematics.
  539  Each middle school must offer at least one high school level
  540  mathematics course for which students may earn high school
  541  credit. Successful completion of a high school level Algebra I
  542  or geometry course is not contingent upon the student’s
  543  performance on the end-of-course assessment required under s.
  544  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  545  school year, to earn high school credit for an Algebra I course,
  546  a middle school student must pass the Algebra I end-of-course
  547  assessment, and beginning with the 2012-2013 school year, to
  548  earn high school credit for a geometry course, a middle school
  549  student must pass the geometry end-of-course assessment.
  550         3. Three middle school or higher courses in social studies,
  551  one semester of which must include the study of state and
  552  federal government and civics education. Beginning with students
  553  entering grade 6 in the 2012-2013 school year, one of these
  554  courses must be at least a one-semester civics education course
  555  that a student successfully completes in accordance with s.
  556  1008.22(3)(c) and that includes the roles and responsibilities
  557  of federal, state, and local governments; the structures and
  558  functions of the legislative, executive, and judicial branches
  559  of government; and the meaning and significance of historic
  560  documents, such as the Articles of Confederation, the
  561  Declaration of Independence, and the Constitution of the United
  562  States.
  563         4. Three middle school or higher courses in science.
  564  Successful completion of a high school level Biology I course is
  565  not contingent upon the student’s performance on the end-of
  566  course assessment required under s. 1008.22(3)(c)2.a.(II).
  567  However, beginning with the 2012-2013 school year, to earn high
  568  school credit for a Biology I course, a middle school student
  569  must pass the Biology I end-of-course assessment.
  570         5. One course in career and education planning to be
  571  completed in 7th or 8th grade. The course may be taught by any
  572  member of the instructional staff; must include career
  573  exploration using Florida CHOICES or a comparable cost-effective
  574  program; must include educational planning using the online
  575  student advising system known as Florida Academic Counseling and
  576  Tracking for Students at the Internet website FACTS.org; and
  577  shall result in the completion of a personalized academic and
  578  career plan. The required personalized academic and career plan
  579  must inform students of high school graduation requirements,
  580  high school assessment and college entrance test requirements,
  581  Florida Bright Futures Scholarship Program requirements, state
  582  university and Florida college admission requirements, and
  583  programs through which a high school student can earn college
  584  credit, including Advanced Placement, International
  585  Baccalaureate, Advanced International Certificate of Education,
  586  dual enrollment, career academy opportunities, and courses that
  587  lead to national industry certification.
  588  
  589  A student with a disability, as defined in s. 1007.02(2), for
  590  whom the individual education plan committee determines that the
  591  end-of-course assessment cannot accurately measure the student’s
  592  abilities, taking into consideration all allowable
  593  accommodations, shall have the end-of-course assessment results
  594  waived for purposes of determining the student’s course grade
  595  and completing the requirements for middle grades promotion.
  596  Each school must hold a parent meeting either in the evening or
  597  on a weekend to inform parents about the course curriculum and
  598  activities. Each student shall complete an electronic personal
  599  education plan that must be signed by the student; the student’s
  600  instructor, guidance counselor, or academic advisor; and the
  601  student’s parent. The Department of Education shall develop
  602  course frameworks and professional development materials for the
  603  career exploration and education planning course. The course may
  604  be implemented as a stand-alone course or integrated into
  605  another course or courses. The Commissioner of Education shall
  606  collect longitudinal high school course enrollment data by
  607  student ethnicity in order to analyze course-taking patterns.
  608         (b) For each year in which a student scores at Level l on
  609  FCAT Reading, the student must be enrolled in and complete an
  610  intensive reading course the following year. Placement of Level
  611  2 readers in either an intensive reading course or a content
  612  area course in which reading strategies are delivered shall be
  613  determined by diagnosis of reading needs. The department shall
  614  provide guidance on appropriate strategies for diagnosing and
  615  meeting the varying instructional needs of students reading
  616  below grade level. Reading courses shall be designed and offered
  617  pursuant to the comprehensive reading plan required by s.
  618  1011.62(9). A middle grades student who scores at Level 1 or
  619  Level 2 on FCAT Reading, but who did not score below Level 3 the
  620  year before, may be granted an exemption from the reading
  621  remediation requirements. A student may be granted a 1-year
  622  exemption from intensive reading; however, the student must have
  623  an approved academic improvement plan already in place and
  624  signed by the school and a parent or guardian for the year that
  625  the exemption is granted.
  626         (c) For each year in which a student scores at Level 1 or
  627  Level 2 on FCAT Mathematics, the student must receive
  628  remediation the following year, which may be integrated into the
  629  student’s required mathematics course.
  630         Section 13. Subsection (2) of section 1003.428, Florida
  631  Statutes, is amended to read:
  632         1003.428 General requirements for high school graduation;
  633  revised.—
  634         (2) The 24 credits may be earned through applied,
  635  integrated, and combined courses approved by the Department of
  636  Education. The 24 credits shall be distributed as follows:
  637         (a) Sixteen core curriculum credits:
  638         1. Four credits in English, with major concentration in
  639  composition, reading for information, and literature.
  640         2. Four credits in mathematics, one of which must be
  641  Algebra I, a series of courses equivalent to Algebra I, or a
  642  higher-level mathematics course. Beginning with students
  643  entering grade 9 in the 2010-2011 school year, in addition to
  644  the Algebra I credit requirement, one of the four credits in
  645  mathematics must be geometry or a series of courses equivalent
  646  to geometry as approved by the State Board of Education.
  647  Beginning with students entering grade 9 in the 2010-2011 school
  648  year, the end-of-course assessment requirements under s.
  649  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  650  the required credit in Algebra I. Beginning with students
  651  entering grade 9 in the 2011-2012 school year, the end-of-course
  652  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  653  met in order for a student to earn the required credit in
  654  geometry. Beginning with students entering grade 9 in the 2012
  655  2013 school year, in addition to the Algebra I and geometry
  656  credit requirements, one of the four credits in mathematics must
  657  be Algebra II or a series of courses equivalent to Algebra II as
  658  approved by the State Board of Education.
  659         3. Three credits in science, two of which must have a
  660  laboratory component. Beginning with students entering grade 9
  661  in the 2011-2012 school year, one of the three credits in
  662  science must be Biology I or a series of courses equivalent to
  663  Biology I as approved by the State Board of Education. Beginning
  664  with students entering grade 9 in the 2011-2012 school year, the
  665  end-of-course assessment requirements under s.
  666  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  667  the required credit in Biology I. Beginning with students
  668  entering grade 9 in the 2013-2014 school year, one of the three
  669  credits must be Biology I or a series of courses equivalent to
  670  Biology I as approved by the State Board of Education, one
  671  credit must be chemistry or physics or a series of courses
  672  equivalent to chemistry or physics as approved by the State
  673  Board of Education, and one credit must be an equally rigorous
  674  course, as determined by the State Board of Education.
  675         4. Three credits in social studies as follows: one credit
  676  in United States history; one credit in world history; one-half
  677  credit in economics; and one-half credit in United States
  678  government.
  679         5. One credit in fine or performing arts, speech and
  680  debate, or a practical arts course that incorporates artistic
  681  content and techniques of creativity, interpretation, and
  682  imagination. Eligible practical arts courses shall be identified
  683  through the Course Code Directory.
  684         6. One credit in physical education to include integration
  685  of health. Participation in an interscholastic sport at the
  686  junior varsity or varsity level for two full seasons shall
  687  satisfy the one-credit requirement in physical education if the
  688  student passes a competency test on personal fitness with a
  689  score of “C” or better. The competency test on personal fitness
  690  must be developed by the Department of Education. A district
  691  school board may not require that the one credit in physical
  692  education be taken during the 9th grade year. Completion of one
  693  semester with a grade of “C” or better in a marching band class,
  694  in a physical activity class that requires participation in
  695  marching band activities as an extracurricular activity, or in a
  696  dance class shall satisfy one-half credit in physical education
  697  or one-half credit in performing arts. This credit may not be
  698  used to satisfy the personal fitness requirement or the
  699  requirement for adaptive physical education under an individual
  700  education plan (IEP) or 504 plan. Completion of 2 years in a
  701  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  702  component of which is drills, shall satisfy the one-credit
  703  requirement in physical education and the one-credit requirement
  704  in performing arts. This credit may not be used to satisfy the
  705  personal fitness requirement or the requirement for adaptive
  706  physical education under an individual education plan (IEP) or
  707  504 plan.
  708         (b) Eight credits in electives.
  709         1. For each year in which a student scores at Level 1 on
  710  FCAT Reading, the student must be enrolled in and complete an
  711  intensive reading course the following year. Placement of Level
  712  2 readers in either an intensive reading course or a content
  713  area course in which reading strategies are delivered shall be
  714  determined by diagnosis of reading needs. The department shall
  715  provide guidance on appropriate strategies for diagnosing and
  716  meeting the varying instructional needs of students reading
  717  below grade level. Reading courses shall be designed and offered
  718  pursuant to the comprehensive reading plan required by s.
  719  1011.62(9).
  720         2. For each year in which a student scores at Level 1 or
  721  Level 2 on FCAT Mathematics, the student must receive
  722  remediation the following year. These courses may be taught
  723  through applied, integrated, or combined courses and are subject
  724  to approval by the department for inclusion in the Course Code
  725  Directory.
  726  
  727  A high school student who scores at Level 1 or Level 2 on FCAT
  728  Reading, but who did not score below Level 3 the year before,
  729  may be granted an exemption from intensive reading. A student
  730  may be granted a 1-year exemption from intensive reading;
  731  however, the student must have an approved academic improvement
  732  plan already in place and signed by the school and a parent or
  733  guardian for the year the exemption is granted.
  734         Section 14. Subsections (2), (3), and (5) of section
  735  1003.491, Florida Statutes, are amended to read:
  736         1003.491 Florida Career and Professional Education Act.—The
  737  Florida Career and Professional Education Act is created to
  738  provide a statewide planning partnership between the business
  739  and education communities in order to attract, expand, and
  740  retain targeted, high-value industry and to sustain a strong,
  741  knowledge-based economy.
  742         (2) Beginning with the 2007-2008 school year, Each district
  743  school board shall develop, in collaboration with regional local
  744  workforce boards, economic development agencies, and
  745  postsecondary institutions approved to operate in the state, a
  746  strategic 5-year plan to address and meet local and regional
  747  workforce demands. If involvement of a regional the local
  748  workforce board or an economic development agency in the
  749  strategic plan development is not feasible, the local school
  750  board, with the approval of the Agency for Workforce Innovation,
  751  shall collaborate with the most appropriate regional local
  752  business leadership board. Two or more school districts may
  753  collaborate in the development of the strategic plan and offer a
  754  career and professional academy as a joint venture. The
  755  strategic plan Such plans must describe in detail provisions for
  756  the efficient transportation of students, the maximum use of
  757  shared resources, and access to courses aligned to state
  758  curriculum standards through virtual education providers, and an
  759  objective review of career and professional academy courses to
  760  determine if the courses will lead to the attainment of industry
  761  certifications included on the Industry Certified Funding List
  762  pursuant to rules adopted by the State Board of Education the
  763  Florida Virtual School when appropriate. Each strategic plan
  764  shall be reviewed, updated, and jointly approved every 5 years
  765  by the local school district, regional workforce boards,
  766  economic development agencies, and state-approved postsecondary
  767  institutions completed no later than June 30, 2008, and shall
  768  include provisions to have in place at least one operational
  769  career and professional academy, pursuant to s. 1003.492, no
  770  later than the beginning of the 2008-2009 school year.
  771         (3) The strategic 5-year plan developed jointly between the
  772  local school district, regional local workforce boards, economic
  773  development agencies, and state-approved postsecondary
  774  institutions shall be constructed and based on:
  775         (a) Research conducted to objectively determine local and
  776  regional workforce needs for the ensuing 5 years, using labor
  777  projections of the United States Department of Labor and the
  778  Agency for Workforce Innovation;
  779         (b) Strategies to develop and implement career academies
  780  based on those careers determined to be in high demand;
  781         (c) Maximum use of private sector facilities and personnel;
  782         (d) Strategies that ensure instruction by industry
  783  certified faculty and standards and strategies to maintain
  784  current industry credentials and for recruiting and retaining
  785  faculty to meet those standards;
  786         (e) Alignment of to requirements for middle school career
  787  exploration, middle and high school career and professional
  788  academies leading to industry certification, and high school
  789  graduation requirements redesign;
  790         (f) Provisions to ensure that courses offered through
  791  career and professional academies are academically rigorous,
  792  meet or exceed appropriate state-adopted subject area standards,
  793  result in attainment of industry certification, and, when
  794  appropriate, result in postsecondary credit;
  795         (g)Strategies to improve the passage rate for industry
  796  certification exams if the rate falls below 50 percent;
  797         (h)(g) Establishment of student eligibility criteria in
  798  career and professional academies which include opportunities
  799  for students who have been unsuccessful in traditional
  800  classrooms but who show aptitude to participate in academies.
  801  School boards shall address the analysis of eighth grade student
  802  achievement data to provide opportunities for students who may
  803  be deemed as potential dropouts to participate in career and
  804  professional academies;
  805         (i)(h) Strategies to provide sufficient space within
  806  academies to meet workforce needs and to provide access to all
  807  interested and qualified students;
  808         (j)(i) Strategies to implement engage Department of
  809  Juvenile Justice students in career and professional academy
  810  training that leads to industry certification at Department of
  811  Juvenile Justice facilities;
  812         (k)(j) Opportunities for high school students to earn
  813  weighted or dual enrollment credit for higher-level career and
  814  technical courses;
  815         (l)(k) Promotion of the benefits of the Gold Seal Bright
  816  Futures Scholarship;
  817         (m)(l) Strategies to ensure the review of district pupil
  818  progression plans and to amend such plans to include career and
  819  professional courses and to include courses that may qualify as
  820  substitute courses for core graduation requirements and those
  821  that may be counted as elective courses; and
  822         (n)(m) Strategies to provide professional development for
  823  secondary guidance counselors on the benefits of career and
  824  professional academies.
  825         (5) The submission and review of newly proposed core
  826  courses shall be conducted electronically, and each proposed
  827  core course shall be approved or denied within 60 days. All
  828  courses approved as core courses for purposes of middle school
  829  promotion and high school graduation purposes shall be
  830  immediately added to the Course Code Directory. Approved core
  831  courses shall also be reviewed and considered for approval for
  832  dual enrollment credit. The Board of Governors and the
  833  Commissioner of Education shall jointly recommend an annual
  834  deadline for approval of new core courses to be included for
  835  purposes of postsecondary admissions and dual enrollment credit
  836  the following academic year. The State Board of Education shall
  837  establish an appeals process in the event that a proposed course
  838  is denied which shall require a consensus ruling by the Agency
  839  for Workforce Innovation and the Commissioner of Education
  840  within 15 days. The curriculum review committee must be
  841  established and operational no later than September 1, 2007.
  842         Section 15. Subsections (2) and (3) of section 1003.492,
  843  Florida Statutes, are amended to read:
  844         1003.492 Industry-certified career education programs.—
  845         (2) The State Board of Education shall use the expertise of
  846  Workforce Florida, Inc., and Enterprise Florida, Inc., to
  847  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
  848  for implementing an industry certification process. These rules
  849  shall include an approval process for determining the funding
  850  weights of industry certifications based on the rigor of the
  851  certification and the value of the certification to Florida
  852  businesses and industry. Industry certification shall be defined
  853  by the Agency for Workforce Innovation, based upon the highest
  854  available national standards for specific industry
  855  certification, to ensure student skill proficiency and to
  856  address emerging labor market and industry trends. A regional
  857  workforce board or a career and professional academy may apply
  858  to Workforce Florida, Inc., to request additions to the approved
  859  list of industry certifications based on high-demand job
  860  requirements in the regional economy. The list of industry
  861  certifications approved by Workforce Florida, Inc., and the
  862  Department of Education shall be published and updated annually
  863  by a date certain, to be included in the adopted rule.
  864         (3) The Department of Education shall collect student
  865  achievement and performance data in industry-certified career
  866  education programs and shall work with Workforce Florida, Inc.,
  867  and Enterprise Florida, Inc., in the analysis of collected data.
  868  The data collection and analyses shall examine the performance
  869  of participating students over time. Performance factors shall
  870  include, but not be limited to, graduation rates, retention
  871  rates, awards of postsecondary credit and state scholarships
  872  under chapter 1009 Florida Bright Futures Scholarship awards,
  873  additional educational attainment, employment records, earnings,
  874  industry certification, and employer satisfaction. The
  875  performance results and analyses of this study shall be
  876  submitted to the President of the Senate and the Speaker of the
  877  House of Representatives annually by December 31.
  878         Section 16. Subsections (2), (4), (5), and (6) of section
  879  1003.493, Florida Statutes, are amended to read:
  880         1003.493 Career and professional academies.—
  881         (2) The goals of a career and professional academy are to:
  882         (a) Increase student academic achievement and graduation
  883  rates through integrated academic and career curricula.
  884         (b) Prepare graduating high school students to make
  885  appropriate choices relative to employment and future
  886  educational experiences.
  887         (c) Focus on career preparation through rigorous academics
  888  and industry certification.
  889         (d) Raise student aspiration and commitment to academic
  890  achievement and work ethics through relevant coursework.
  891         (e) Support graduation requirements pursuant to s. 1003.428
  892  by providing creative, applied major areas of interest.
  893         (e)(f) Promote acceleration mechanisms, such as dual
  894  enrollment, articulated credit, or occupational completion
  895  points, so that students may earn postsecondary credit while in
  896  high school.
  897         (f)(g) Support the state’s economy by meeting industry
  898  needs for skilled employees in high-demand occupations.
  899         (4) Each career and professional academy must:
  900         (a) Provide a rigorous standards-based academic curriculum
  901  integrated with a career curriculum. The curriculum must take
  902  into consideration multiple styles of student learning; promote
  903  learning by doing through application and adaptation; maximize
  904  relevance of the subject matter; enhance each student’s capacity
  905  to excel; and include an emphasis on work habits and work
  906  ethics.
  907         (b) Include one or more partnerships with postsecondary
  908  institutions, businesses, industry, employers, economic
  909  development organizations, or other appropriate partners from
  910  the local community. Such partnerships shall be delineated in
  911  articulation agreements to provide for career-based courses that
  912  earn postsecondary credit. Such agreements may include
  913  articulation between the academy and public or private 2-year
  914  and 4-year postsecondary institutions and technical centers. The
  915  Department of Education, in consultation with the Board of
  916  Governors, shall establish a mechanism to ensure articulation
  917  and transfer of credits to postsecondary institutions in this
  918  state. Such partnerships must provide opportunities for:
  919         1. Instruction from highly skilled professionals who
  920  possess industry-certification credentials for courses they are
  921  teaching.
  922         2. Internships, externships, and on-the-job training.
  923         3. A postsecondary degree, diploma, or certificate.
  924         4. The highest available level of industry certification.
  925         5. Maximum articulation of credits pursuant to s. 1007.23
  926  upon program completion.
  927         (c) Provide shared, maximum use of private sector
  928  facilities and personnel.
  929         (d) Provide personalized student advisement, including a
  930  parent-participation component, and coordination with middle
  931  schools to promote and support career exploration and education
  932  planning as required under s. 1003.4156. Coordination with
  933  middle schools must provide information to middle school
  934  students about secondary and postsecondary career education
  935  programs and academies.
  936         (e) Promote and provide opportunities for career and
  937  professional academy students to attain, at minimum, the Florida
  938  Gold Seal Vocational Scholars award pursuant to s. 1009.536.
  939         (f) Provide instruction in careers designated as high
  940  growth, high demand, and high pay by the regional local
  941  workforce development board, the chamber of commerce, economic
  942  development agencies, or the Agency for Workforce Innovation.
  943         (g) Deliver academic content through instruction relevant
  944  to the career, including intensive reading and mathematics
  945  intervention required by s. 1003.428, with an emphasis on
  946  strengthening reading for information skills.
  947         (h) Offer applied courses that combine academic content
  948  with technical skills.
  949         (i) Provide instruction resulting in competency,
  950  certification, or credentials in workplace skills, including,
  951  but not limited to, communication skills, interpersonal skills,
  952  decisionmaking skills, the importance of attendance and
  953  timeliness in the work environment, and work ethics.
  954         (j) Provide opportunities for students to obtain the
  955  Florida Ready to Work Certification pursuant to s. 1004.99.
  956         (k) Include an evaluation plan developed jointly with the
  957  Department of Education and the local workforce board. The
  958  evaluation plan must include an assessment tool based on
  959  national industry standards, such as the Career Academy National
  960  Standards of Practice, and outcome measures, including, but not
  961  limited to, achievement of national industry certifications
  962  identified in the Industry Certification Funding List, pursuant
  963  to rules adopted by the State Board of Education, graduation
  964  rates, enrollment in postsecondary education, business and
  965  industry satisfaction, employment and earnings, awards of
  966  postsecondary credit and scholarships, and student achievement
  967  levels and learning gains on statewide assessments administered
  968  under s. 1008.22(3)(c). The Department of Education shall use
  969  Workforce Florida, Inc., and Enterprise Florida, Inc., in
  970  identifying industry experts to participate in developing and
  971  implementing such assessments.
  972         (j)(l) Include a plan to sustain career and professional
  973  academies.
  974         (k)(m) Redirect appropriated career funding to career and
  975  professional academies.
  976         (5) All career courses offered in a career and professional
  977  academy must lead to industry certification or college credit
  978  linked directly to the career theme of the course. If the
  979  passage rate on the industry certification exam that is
  980  associated with the career and professional academy falls below
  981  50 percent, the academy must discontinue enrollment of students
  982  the following school year. At least 50 percent of students
  983  enrolled in a career course must achieve industry certifications
  984  or college credits during the second year the course is offered
  985  in order for the course to be offered a third year. At least 66
  986  percent of students enrolled in such a course must achieve
  987  industry certifications or college credits during the third year
  988  the course is offered in order for it to be offered a fourth
  989  year and thereafter.
  990         (6) Workforce Florida, Inc., through the secondary career
  991  academies initiatives, The Okaloosa County School District
  992  CHOICE Institutes shall serve in an advisory role and shall
  993  offer technical assistance in the development and deployment of
  994  newly established career and professional academies for a 3-year
  995  period beginning July 1, 2007.
  996         Section 17. Section 1003.4935, Florida Statutes, is created
  997  to read:
  998         1003.4935Middle school career and professional academy
  999  courses.—
 1000         (1) Beginning with the 2011-2012 school year, each district
 1001  school board, in collaboration with regional workforce boards,
 1002  economic development agencies, and state-approved postsecondary
 1003  institutions, shall include plans to implement a career and
 1004  professional academy in at least one middle school in the
 1005  district as part of the strategic 5-year plan pursuant to s.
 1006  1003.491(2). The middle school career and professional academy
 1007  component of the strategic plan must ensure the transition of
 1008  middle school career and professional academy students to a high
 1009  school career and professional academy currently operating
 1010  within the school district. Students who complete a middle
 1011  school career and professional academy must have the opportunity
 1012  to earn an industry certificate and high school credit and
 1013  participate in career planning, job shadowing, and business
 1014  leadership development activities.
 1015         (2) Each middle school career and professional academy must
 1016  be aligned with at least one high school career and professional
 1017  academy offered in the district and maintain partnerships with
 1018  local business and industry and economic development boards.
 1019  Middle school career and professional academies must:
 1020         (a) Provide instruction in courses leading to careers in
 1021  occupations designated as high growth, high demand, and high pay
 1022  in the Industry Certification Funding List approved under rules
 1023  adopted by the State Board of Education;
 1024         (b) Offer career and professional academy courses that
 1025  integrate content from core subject areas;
 1026         (c) Offer courses that integrate career and professional
 1027  academy content with intensive reading and mathematics pursuant
 1028  to s. 1003.428;
 1029         (d) Coordinate with high schools to maximize opportunities
 1030  for middle school career and professional academy students to
 1031  earn high school credit;
 1032         (e) Provide access to virtual instruction courses aligned
 1033  to state curriculum standards for middle school career and
 1034  professional academy students, with priority given to students
 1035  who have required course deficits;
 1036         (f) Provide instruction from highly skilled professionals
 1037  who hold industry certificates in the career area in which they
 1038  teach;
 1039         (g) Offer externships; and
 1040         (h) Provide personalized student advisement that includes a
 1041  parent-participation component.
 1042         (3) Beginning with the 2012-2013 school year, the
 1043  Department of Education shall collect and report student
 1044  achievement data pursuant to performance factors identified
 1045  under s. 1003.492(3) for middle school career and professional
 1046  academy students.
 1047         Section 18. Section 1003.575, Florida Statutes, is amended
 1048  to read:
 1049         1003.575 Assistive technology devices; findings;
 1050  interagency agreements.—Accessibility, utilization, and
 1051  coordination of appropriate assistive technology devices and
 1052  services are essential as a young person with disabilities moves
 1053  from early intervention to preschool, from preschool to school,
 1054  from one school to another, and from school to employment or
 1055  independent living. Within 60 to 90 days after receiving a
 1056  request for an assistive technology assessment, any school that
 1057  has an individualized education plan team shall arrange to
 1058  complete the assessment. To ensure that an assistive technology
 1059  device issued to a young person as part of his or her
 1060  individualized family support plan, individual support plan, or
 1061  an individual education plan remains with the individual through
 1062  such transitions, the following agencies shall enter into
 1063  interagency agreements, as appropriate, to ensure the
 1064  transaction of assistive technology devices:
 1065         (1) The Florida Infants and Toddlers Early Intervention
 1066  Program in the Division of Children’s Medical Services of the
 1067  Department of Health.
 1068         (2) The Division of Blind Services, the Bureau of
 1069  Exceptional Education and Student Services, and the Division of
 1070  Vocational Rehabilitation of the Department of Education.
 1071         (3) The Voluntary Prekindergarten Education Program
 1072  administered by the Department of Education and the Agency for
 1073  Workforce Innovation.
 1074  
 1075  Interagency agreements entered into pursuant to this section
 1076  shall provide a framework for ensuring that young persons with
 1077  disabilities and their families, educators, and employers are
 1078  informed about the utilization and coordination of assistive
 1079  technology devices and services that may assist in meeting
 1080  transition needs, and shall establish a mechanism by which a
 1081  young person or his or her parent may request that an assistive
 1082  technology device remain with the young person as he or she
 1083  moves through the continuum from home to school to postschool.
 1084         Section 19. Effective upon this act becoming a law,
 1085  subsection (2) and paragraph (c) of subsection (3) of section
 1086  1008.22, Florida Statutes, are amended to read:
 1087         1008.22 Student assessment program for public schools.—
 1088         (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is
 1089  Florida’s intent to participate in the measurement of national
 1090  educational goals. The Commissioner of Education shall direct
 1091  Florida school districts to participate in the administration of
 1092  the National Assessment of Educational Progress, or a similar
 1093  national or international assessment program, both for the
 1094  national sample and for any state-by-state comparison programs
 1095  which may be initiated. The assessments must be conducted using
 1096  the data collection procedures, the student surveys, the
 1097  educator surveys, and other instruments included in the National
 1098  Assessment of Educational Progress or similar national or
 1099  international program being administered in Florida. The results
 1100  of these assessments shall be included in the annual report of
 1101  the Commissioner of Education specified in this section, as
 1102  applicable. The administration of the National Assessment of
 1103  Educational Progress or similar national or international
 1104  program shall be in addition to and separate from the
 1105  administration of the statewide assessment program. The
 1106  requirement that school districts participate in international
 1107  assessment programs shall expire June 30, 2016.
 1108         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
 1109  design and implement a statewide program of educational
 1110  assessment that provides information for the improvement of the
 1111  operation and management of the public schools, including
 1112  schools operating for the purpose of providing educational
 1113  services to youth in Department of Juvenile Justice programs.
 1114  The commissioner may enter into contracts for the continued
 1115  administration of the assessment, testing, and evaluation
 1116  programs authorized and funded by the Legislature. Contracts may
 1117  be initiated in 1 fiscal year and continue into the next and may
 1118  be paid from the appropriations of either or both fiscal years.
 1119  The commissioner is authorized to negotiate for the sale or
 1120  lease of tests, scoring protocols, test scoring services, and
 1121  related materials developed pursuant to law. Pursuant to the
 1122  statewide assessment program, the commissioner shall:
 1123         (c) Develop and implement a student achievement testing
 1124  program as follows:
 1125         1. The Florida Comprehensive Assessment Test (FCAT)
 1126  measures a student’s content knowledge and skills in reading,
 1127  writing, science, and mathematics. The content knowledge and
 1128  skills assessed by the FCAT must be aligned to the core
 1129  curricular content established in the Next Generation Sunshine
 1130  State Standards. Other content areas may be included as directed
 1131  by the commissioner. Comprehensive assessments of reading and
 1132  mathematics shall be administered annually in grades 3 through
 1133  10 except, beginning with the 2010-2011 school year, the
 1134  administration of grade 9 FCAT Mathematics shall be
 1135  discontinued, and beginning with the 2011-2012 school year, the
 1136  administration of grade 10 FCAT Mathematics shall be
 1137  discontinued, except as required for students who have not
 1138  attained minimum performance expectations for graduation as
 1139  provided in paragraph (9)(c). FCAT Writing and FCAT Science
 1140  shall be administered at least once at the elementary, middle,
 1141  and high school levels except, beginning with the 2011-2012
 1142  school year, the administration of FCAT Science at the high
 1143  school level shall be discontinued.
 1144         2.a. End-of-course assessments for a subject shall be
 1145  administered in addition to the comprehensive assessments
 1146  required under subparagraph 1. End-of-course assessments must be
 1147  rigorous, statewide, standardized, and developed or approved by
 1148  the department. The content knowledge and skills assessed by
 1149  end-of-course assessments must be aligned to the core curricular
 1150  content established in the Next Generation Sunshine State
 1151  Standards.
 1152         (I) Statewide, standardized end-of-course assessments in
 1153  mathematics shall be administered according to this sub-sub
 1154  subparagraph. Beginning with the 2010-2011 school year, all
 1155  students enrolled in Algebra I or an equivalent course must take
 1156  the Algebra I end-of-course assessment. Students who earned high
 1157  school credit in Algebra I while in grades 6 through 8 during
 1158  the 2007-2008 through 2009-2010 school years and who have not
 1159  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
 1160  course assessment during the 2010-2011 school year. For students
 1161  entering grade 9 during the 2010-2011 school year and who are
 1162  enrolled in Algebra I or an equivalent, each student’s
 1163  performance on the end-of-course assessment in Algebra I shall
 1164  constitute 30 percent of the student’s final course grade.
 1165  Beginning with students entering grade 9 in the 2011-2012 school
 1166  year, a student who is enrolled in Algebra I or an equivalent
 1167  must earn a passing score on the end-of-course assessment in
 1168  Algebra I or attain an equivalent score as described in
 1169  subsection (11) in order to earn course credit. Beginning with
 1170  the 2011-2012 school year, all students enrolled in geometry or
 1171  an equivalent course must take the geometry end-of-course
 1172  assessment. For students entering grade 9 during the 2011-2012
 1173  school year, each student’s performance on the end-of-course
 1174  assessment in geometry shall constitute 30 percent of the
 1175  student’s final course grade. Beginning with students entering
 1176  grade 9 during the 2012-2013 school year, a student must earn a
 1177  passing score on the end-of-course assessment in geometry or
 1178  attain an equivalent score as described in subsection (11) in
 1179  order to earn course credit.
 1180         (II) Statewide, standardized end-of-course assessments in
 1181  science shall be administered according to this sub-sub
 1182  subparagraph. Beginning with the 2011-2012 school year, all
 1183  students enrolled in Biology I or an equivalent course must take
 1184  the Biology I end-of-course assessment. For the 2011-2012 school
 1185  year, each student’s performance on the end-of-course assessment
 1186  in Biology I shall constitute 30 percent of the student’s final
 1187  course grade. Beginning with students entering grade 9 during
 1188  the 2012-2013 school year, a student must earn a passing score
 1189  on the end-of-course assessment in Biology I in order to earn
 1190  course credit.
 1191         b. During the 2012-2013 school year, an end-of-course
 1192  assessment in civics education shall be administered as a field
 1193  test at the middle school level. During the 2013-2014 school
 1194  year, each student’s performance on the statewide, standardized
 1195  end-of-course assessment in civics education shall constitute 30
 1196  percent of the student’s final course grade. Beginning with the
 1197  2014-2015 school year, a student must earn a passing score on
 1198  the end-of-course assessment in civics education in order to
 1199  pass the course and be promoted from the middle grades receive
 1200  course credit. The school principal of a middle school shall
 1201  determine, in accordance with State Board of Education rule,
 1202  whether a student who transfers to the middle school and who has
 1203  successfully completed a civics education course at the
 1204  student’s previous school must take an end-of-course assessment
 1205  in civics education.
 1206         c. The commissioner may select one or more nationally
 1207  developed comprehensive examinations, which may include, but
 1208  need not be limited to, examinations for a College Board
 1209  Advanced Placement course, International Baccalaureate course,
 1210  or Advanced International Certificate of Education course, or
 1211  industry-approved examinations to earn national industry
 1212  certifications identified in the Industry Certification Funding
 1213  List, pursuant to rules adopted by the State Board of Education,
 1214  for use as end-of-course assessments under this paragraph, if
 1215  the commissioner determines that the content knowledge and
 1216  skills assessed by the examinations meet or exceed the grade
 1217  level expectations for the core curricular content established
 1218  for the course in the Next Generation Sunshine State Standards.
 1219  The commissioner may collaborate with the American Diploma
 1220  Project in the adoption or development of rigorous end-of-course
 1221  assessments that are aligned to the Next Generation Sunshine
 1222  State Standards.
 1223         d. Contingent upon funding provided in the General
 1224  Appropriations Act, including the appropriation of funds
 1225  received through federal grants, the Commissioner of Education
 1226  shall establish an implementation schedule for the development
 1227  and administration of additional statewide, standardized end-of
 1228  course assessments in English/Language Arts II, Algebra II,
 1229  chemistry, physics, earth/space science, United States history,
 1230  and world history. Priority shall be given to the development of
 1231  end-of-course assessments in English/Language Arts II. The
 1232  Commissioner of Education shall evaluate the feasibility and
 1233  effect of transitioning from the grade 9 and grade 10 FCAT
 1234  Reading and high school level FCAT Writing to an end-of-course
 1235  assessment in English/Language Arts II. The commissioner shall
 1236  report the results of the evaluation to the President of the
 1237  Senate and the Speaker of the House of Representatives no later
 1238  than July 1, 2011.
 1239         3. The testing program shall measure student content
 1240  knowledge and skills adopted by the State Board of Education as
 1241  specified in paragraph (a) and measure and report student
 1242  performance levels of all students assessed in reading, writing,
 1243  mathematics, and science. The commissioner shall provide for the
 1244  tests to be developed or obtained, as appropriate, through
 1245  contracts and project agreements with private vendors, public
 1246  vendors, public agencies, postsecondary educational
 1247  institutions, or school districts. The commissioner shall obtain
 1248  input with respect to the design and implementation of the
 1249  testing program from state educators, assistive technology
 1250  experts, and the public.
 1251         4. The testing program shall be composed of criterion
 1252  referenced tests that shall, to the extent determined by the
 1253  commissioner, include test items that require the student to
 1254  produce information or perform tasks in such a way that the core
 1255  content knowledge and skills he or she uses can be measured.
 1256         5. FCAT Reading, Mathematics, and Science and all
 1257  statewide, standardized end-of-course assessments shall measure
 1258  the content knowledge and skills a student has attained on the
 1259  assessment by the use of scaled scores and achievement levels.
 1260  Achievement levels shall range from 1 through 5, with level 1
 1261  being the lowest achievement level, level 5 being the highest
 1262  achievement level, and level 3 indicating satisfactory
 1263  performance on an assessment. For purposes of FCAT Writing,
 1264  student achievement shall be scored using a scale of 1 through 6
 1265  and the score earned shall be used in calculating school grades.
 1266  A score shall be designated for each subject area tested, below
 1267  which score a student’s performance is deemed inadequate. The
 1268  school districts shall provide appropriate remedial instruction
 1269  to students who score below these levels.
 1270         6. The State Board of Education shall, by rule, designate a
 1271  passing score for each part of the grade 10 assessment test and
 1272  end-of-course assessments. Any rule that has the effect of
 1273  raising the required passing scores may apply only to students
 1274  taking the assessment for the first time after the rule is
 1275  adopted by the State Board of Education. Except as otherwise
 1276  provided in this subparagraph and as provided in s.
 1277  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 1278  passing score on grade 10 FCAT Reading and grade 10 FCAT
 1279  Mathematics or attain concordant scores as described in
 1280  subsection (10) in order to qualify for a standard high school
 1281  diploma.
 1282         7. In addition to designating a passing score under
 1283  subparagraph 6., the State Board of Education shall also
 1284  designate, by rule, a score for each statewide, standardized
 1285  end-of-course assessment which indicates that a student is high
 1286  achieving and has the potential to meet college-readiness
 1287  standards by the time the student graduates from high school.
 1288         8. Participation in the testing program is mandatory for
 1289  all students attending public school, including students served
 1290  in Department of Juvenile Justice programs, except as otherwise
 1291  prescribed by the commissioner. A student who has not earned
 1292  passing scores on the grade 10 FCAT as provided in subparagraph
 1293  6. must participate in each retake of the assessment until the
 1294  student earns passing scores or achieves scores on a
 1295  standardized assessment which are concordant with passing scores
 1296  pursuant to subsection (10). If a student does not participate
 1297  in the statewide assessment, the district must notify the
 1298  student’s parent and provide the parent with information
 1299  regarding the implications of such nonparticipation. A parent
 1300  must provide signed consent for a student to receive classroom
 1301  instructional accommodations that would not be available or
 1302  permitted on the statewide assessments and must acknowledge in
 1303  writing that he or she understands the implications of such
 1304  instructional accommodations. The State Board of Education shall
 1305  adopt rules, based upon recommendations of the commissioner, for
 1306  the provision of test accommodations for students in exceptional
 1307  education programs and for students who have limited English
 1308  proficiency. Accommodations that negate the validity of a
 1309  statewide assessment are not allowable in the administration of
 1310  the FCAT or an end-of-course assessment. However, instructional
 1311  accommodations are allowable in the classroom if included in a
 1312  student’s individual education plan. Students using
 1313  instructional accommodations in the classroom that are not
 1314  allowable as accommodations on the FCAT or an end-of-course
 1315  assessment may have the FCAT or an end-of-course assessment
 1316  requirement waived pursuant to the requirements of s.
 1317  1003.428(8)(b) or s. 1003.43(11)(b).
 1318         9. A student seeking an adult high school diploma must meet
 1319  the same testing requirements that a regular high school student
 1320  must meet.
 1321         10. District school boards must provide instruction to
 1322  prepare students in the core curricular content established in
 1323  the Next Generation Sunshine State Standards adopted under s.
 1324  1003.41, including the core content knowledge and skills
 1325  necessary for successful grade-to-grade progression and high
 1326  school graduation. If a student is provided with instructional
 1327  accommodations in the classroom that are not allowable as
 1328  accommodations in the statewide assessment program, as described
 1329  in the test manuals, the district must inform the parent in
 1330  writing and must provide the parent with information regarding
 1331  the impact on the student’s ability to meet expected performance
 1332  levels in reading, writing, mathematics, and science. The
 1333  commissioner shall conduct studies as necessary to verify that
 1334  the required core curricular content is part of the district
 1335  instructional programs.
 1336         11. District school boards must provide opportunities for
 1337  students to demonstrate an acceptable performance level on an
 1338  alternative standardized assessment approved by the State Board
 1339  of Education following enrollment in summer academies.
 1340         12. The Department of Education must develop, or select,
 1341  and implement a common battery of assessment tools that will be
 1342  used in all juvenile justice programs in the state. These tools
 1343  must accurately measure the core curricular content established
 1344  in the Next Generation Sunshine State Standards.
 1345         13. For students seeking a special diploma pursuant to s.
 1346  1003.438, the Department of Education must develop or select and
 1347  implement an alternate assessment tool that accurately measures
 1348  the core curricular content established in the Next Generation
 1349  Sunshine State Standards for students with disabilities under s.
 1350  1003.438.
 1351         14. The Commissioner of Education shall establish schedules
 1352  for the administration of statewide assessments and the
 1353  reporting of student test results. When establishing the
 1354  schedules for the administration of statewide assessments, the
 1355  commissioner shall consider the observance of religious and
 1356  school holidays. The commissioner shall, by August 1 of each
 1357  year, notify each school district in writing and publish on the
 1358  department’s Internet website the testing and reporting
 1359  schedules for, at a minimum, the school year following the
 1360  upcoming school year. The testing and reporting schedules shall
 1361  require that:
 1362         a. There is the latest possible administration of statewide
 1363  assessments and the earliest possible reporting to the school
 1364  districts of student test results which is feasible within
 1365  available technology and specific appropriations; however, test
 1366  results for the FCAT must be made available no later than the
 1367  week of June 8. Student results for end-of-course assessments
 1368  must be provided no later than 1 week after the school district
 1369  completes testing for each course. The commissioner may extend
 1370  the reporting schedule as he or she determines necessary.
 1371         b. Beginning with the 2010-2011 school year, FCAT Writing
 1372  may is not be administered earlier than the week of March 1 and
 1373  a comprehensive statewide assessment of any other subject may is
 1374  not be administered earlier than the week of April 15, unless
 1375  the commissioner determines otherwise.
 1376         c. A statewide, standardized end-of-course assessment is
 1377  administered during a 3-week period at the end of the course.
 1378  The commissioner shall select an a 3-week administration period
 1379  for assessments that meets the intent of end-of-course
 1380  assessments and provides student results prior to the end of the
 1381  course. School districts shall administer tests in accordance
 1382  with the schedule determined by the commissioner select 1
 1383  testing week within the 3-week administration period for each
 1384  end-of-course assessment. For an end-of-course assessment
 1385  administered at the end of the first semester, the commissioner
 1386  shall determine the most appropriate testing dates based on a
 1387  school district’s academic calendar.
 1388  
 1389  The commissioner may, based on collaboration and input from
 1390  school districts, design and implement student testing programs,
 1391  for any grade level and subject area, necessary to effectively
 1392  monitor educational achievement in the state, including the
 1393  measurement of educational achievement of the Next Generation
 1394  Sunshine State Standards for students with disabilities.
 1395  Development and refinement of assessments shall include
 1396  universal design principles and accessibility standards that
 1397  will prevent any unintended obstacles for students with
 1398  disabilities while ensuring the validity and reliability of the
 1399  test. These principles should be applicable to all technology
 1400  platforms and assistive devices available for the assessments.
 1401  The field testing process and psychometric analyses for the
 1402  statewide assessment program must include an appropriate
 1403  percentage of students with disabilities and an evaluation or
 1404  determination of the effect of test items on such students.
 1405         Section 20. Paragraph (b) of subsection (3) and subsection
 1406  (4) of section 1008.33, Florida Statutes, are amended to read:
 1407         1008.33 Authority to enforce public school improvement.—
 1408         (3)
 1409         (b) For the purpose of determining whether a public school
 1410  requires action to achieve a sufficient level of school
 1411  improvement, the Department of Education shall annually
 1412  categorize a public school in one of six categories based on the
 1413  following:
 1414         1. The portion of a school’s grade based on statewide
 1415  assessments administered pursuant to s. 1008.22; school’s grade,
 1416  pursuant to s. 1008.34, and
 1417         2. The level and rate of change in student performance in
 1418  the areas of reading and mathematics, disaggregated into student
 1419  subgroups as described in the federal Elementary and Secondary
 1420  Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
 1421         (4) The Department of Education shall create a matrix that
 1422  reflects intervention and support strategies to address the
 1423  particular needs of schools in each category. For purposes of
 1424  this subsection, a school’s grade shall be calculated in
 1425  accordance with paragraph (3)(b).
 1426         (a) Intervention and support strategies shall be applied to
 1427  schools based upon the school categorization. The Department of
 1428  Education shall apply the most intense intervention strategies
 1429  to the lowest-performing schools. For all but the lowest
 1430  category and “F” schools in the second lowest category, the
 1431  intervention and support strategies shall be administered solely
 1432  by the districts and the schools.
 1433         (b) Beginning with the school grades calculated in
 1434  accordance with paragraph (3)(b) for the 2010-2011 school year,
 1435  the lowest-performing schools are schools that have received:
 1436         1. a grade of “F” in the most recent school year and in 2 4
 1437  of the last 4 6 years; or
 1438         2. A grade of “D” or “F” in the most recent school year and
 1439  meet at least three of the following criteria:
 1440         a. The percentage of students who are not proficient in
 1441  reading has increased when compared to measurements taken 5
 1442  years previously;
 1443         b. The percentage of students who are not proficient in
 1444  mathematics has increased when compared to measurements taken 5
 1445  years previously;
 1446         c. At least 65 percent of the school’s students are not
 1447  proficient in reading; or
 1448         d. At least 65 percent of the school’s students are not
 1449  proficient in mathematics.
 1450         Section 21. Paragraph (h) is added to subsection (2) of
 1451  section 1008.331, Florida Statutes, to read:
 1452         1008.331 Supplemental educational services in Title I
 1453  schools; school district, provider, and department
 1454  responsibilities.—
 1455         (2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.—
 1456         (h) Notwithstanding a provider’s submission to the
 1457  department regarding the premethods and postmethods to be used
 1458  to determine student learning gains, beginning with the 2011
 1459  2012 school year, a school board may include in its district
 1460  contract with a provider a requirement to use a uniform
 1461  standardized assessment, if the department is notified of such
 1462  intent before services are provided to the student.
 1463         Section 22. Subsection (3) of section 1008.34, Florida
 1464  Statutes, is amended to read:
 1465         1008.34 School grading system; school report cards;
 1466  district grade.—
 1467         (3) DESIGNATION OF SCHOOL GRADES.—
 1468         (a) Each school that has students who are tested and
 1469  included in the school grading system shall receive a school
 1470  grade, except as follows:
 1471         1. A school shall not receive a school grade if the number
 1472  of its students tested and included in the school grading system
 1473  is less than the minimum sample size necessary, based on
 1474  accepted professional practice, for statistical reliability and
 1475  prevention of the unlawful release of personally identifiable
 1476  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
 1477         2. An alternative school may choose to receive a school
 1478  grade under this section or a school improvement rating under s.
 1479  1008.341. For charter schools that meet the definition of an
 1480  alternative school pursuant to State Board of Education rule,
 1481  the decision to receive a school grade is the decision of the
 1482  charter school governing board.
 1483         3. A school that serves any combination of students in
 1484  kindergarten through grade 3 which does not receive a school
 1485  grade because its students are not tested and included in the
 1486  school grading system shall receive the school grade designation
 1487  of a K-3 feeder pattern school identified by the Department of
 1488  Education and verified by the school district. A school feeder
 1489  pattern exists if at least 60 percent of the students in the
 1490  school serving a combination of students in kindergarten through
 1491  grade 3 are scheduled to be assigned to the graded school.
 1492         (b)1. A school’s grade shall be based on a combination of:
 1493         a. Student achievement scores, including achievement on all
 1494  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 1495  course assessments administered under s. 1008.22(3)(c)2.a., and
 1496  achievement scores for students seeking a special diploma.
 1497         b. Student learning gains in reading and mathematics as
 1498  measured by FCAT and end-of-course assessments, as described in
 1499  s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
 1500  a special diploma, as measured by an alternate assessment tool,
 1501  shall be included not later than the 2009-2010 school year.
 1502         c. Improvement of the lowest 25th percentile of students in
 1503  the school in reading and mathematics on the FCAT or end-of
 1504  course assessments described in s. 1008.22(3)(c)2.a., unless
 1505  these students are exhibiting satisfactory performance.
 1506         2. Beginning with the 2011-2012 school year, for schools
 1507  comprised of middle school grades 6 through 8 or grades 7 and 8,
 1508  the school’s grade shall include the performance of its students
 1509  in high school level courses with end-of-course assessments
 1510  administered under s. 1008.22(3)(c)2.a., and as valid data
 1511  becomes available, the students’ attainment of national industry
 1512  certification identified in the Industry Certification Funding
 1513  List pursuant to rules adopted by the State Board of Education.
 1514         3.2. Beginning with the 2009-2010 school year for schools
 1515  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1516  11, and 12, 50 percent of the school grade shall be based on a
 1517  combination of the factors listed in sub-subparagraphs 1.a.-c.
 1518  and the remaining 50 percent on the following factors:
 1519         a. The high school graduation rate of the school;
 1520         b. As valid data becomes available, the performance and
 1521  participation of the school’s students in College Board Advanced
 1522  Placement courses, International Baccalaureate courses, dual
 1523  enrollment courses, and Advanced International Certificate of
 1524  Education courses; and the students’ achievement of national
 1525  industry certification identified in the Industry Certification
 1526  Funding List, pursuant to rules adopted by the State Board of
 1527  Education;
 1528         c. Postsecondary readiness of the school’s students as
 1529  measured by the SAT, ACT, or the common placement test;
 1530         d. The high school graduation rate of at-risk students who
 1531  scored at Level 2 or lower on the grade 8 FCAT Reading and
 1532  Mathematics examinations;
 1533         e. As valid data becomes available, the performance of the
 1534  school’s students on statewide standardized end-of-course
 1535  assessments administered under s. 1008.22(3)(c)2.b. and c.; and
 1536         f. The growth or decline in the components listed in sub
 1537  subparagraphs a.-e. from year to year.
 1538         (c) Student assessment data used in determining school
 1539  grades shall include:
 1540         1. The aggregate scores of all eligible students enrolled
 1541  in the school who have been assessed on the FCAT and statewide,
 1542  standardized end-of-course assessments in courses required for
 1543  high school graduation, including, beginning with the 2010-2011
 1544  school year, the end-of-course assessment in Algebra I; and
 1545  beginning with the 2011-2012 school year, the end-of-course
 1546  assessments in geometry and Biology; and beginning with the
 1547  2013-2014 school year, on the statewide, standardized end-of
 1548  course assessment in civics education at the middle school
 1549  level.
 1550         2. The aggregate scores of all eligible students enrolled
 1551  in the school who have been assessed on the FCAT and end-of
 1552  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1553  have scored at or in the lowest 25th percentile of students in
 1554  the school in reading and mathematics, unless these students are
 1555  exhibiting satisfactory performance.
 1556         3. The achievement scores and learning gains of eligible
 1557  students attending alternative schools that provide dropout
 1558  prevention and academic intervention services pursuant to s.
 1559  1003.53. The term “eligible students” in this subparagraph does
 1560  not include students attending an alternative school who are
 1561  subject to district school board policies for expulsion for
 1562  repeated or serious offenses, who are in dropout retrieval
 1563  programs serving students who have officially been designated as
 1564  dropouts, or who are in programs operated or contracted by the
 1565  Department of Juvenile Justice. The student performance data for
 1566  eligible students identified in this subparagraph shall be
 1567  included in the calculation of the home school’s grade. As used
 1568  in this subparagraph section and s. 1008.341, the term “home
 1569  school” means the school to which the student would be assigned
 1570  if the student were not assigned to an alternative school. If an
 1571  alternative school chooses to be graded under this section,
 1572  student performance data for eligible students identified in
 1573  this subparagraph shall not be included in the home school’s
 1574  grade but shall be included only in the calculation of the
 1575  alternative school’s grade. A school district that fails to
 1576  assign the FCAT and end-of-course assessment as described in s.
 1577  1008.22(3)(c)2.a. scores of each of its students to his or her
 1578  home school or to the alternative school that receives a grade
 1579  shall forfeit Florida School Recognition Program funds for 1
 1580  fiscal year. School districts must require collaboration between
 1581  the home school and the alternative school in order to promote
 1582  student success. This collaboration must include an annual
 1583  discussion between the principal of the alternative school and
 1584  the principal of each student’s home school concerning the most
 1585  appropriate school assignment of the student.
 1586         4. The achievement scores and learning gains of students
 1587  designated as hospital or homebound. Student assessment data for
 1588  students designated as hospital or homebound shall be assigned
 1589  to their home school for the purposes of school grades. As used
 1590  in this subparagraph, the term “home school” means the school to
 1591  which a student would be assigned if the student were not
 1592  assigned to a hospital or homebound program.
 1593         5.4. For schools comprised of high school grades 9, 10, 11,
 1594  and 12, or grades 10, 11, and 12, the data listed in
 1595  subparagraphs 1.-3. and the following data as the Department of
 1596  Education determines such data are valid and available:
 1597         a. The high school graduation rate of the school as
 1598  calculated by the Department of Education;
 1599         b. The participation rate of all eligible students enrolled
 1600  in the school and enrolled in College Board Advanced Placement
 1601  courses; International Baccalaureate courses; dual enrollment
 1602  courses; Advanced International Certificate of Education
 1603  courses; and courses or sequence of courses leading to national
 1604  industry certification identified in the Industry Certification
 1605  Funding List, pursuant to rules adopted by the State Board of
 1606  Education;
 1607         c. The aggregate scores of all eligible students enrolled
 1608  in the school in College Board Advanced Placement courses,
 1609  International Baccalaureate courses, and Advanced International
 1610  Certificate of Education courses;
 1611         d. Earning of college credit by all eligible students
 1612  enrolled in the school in dual enrollment programs under s.
 1613  1007.271;
 1614         e. Earning of a national industry certification identified
 1615  in the Industry Certification Funding List, pursuant to rules
 1616  adopted by the State Board of Education;
 1617         f. The aggregate scores of all eligible students enrolled
 1618  in the school in reading, mathematics, and other subjects as
 1619  measured by the SAT, the ACT, and the common placement test for
 1620  postsecondary readiness;
 1621         g. The high school graduation rate of all eligible at-risk
 1622  students enrolled in the school who scored at Level 2 or lower
 1623  on the grade 8 FCAT Reading and Mathematics examinations;
 1624         h. The performance of the school’s students on statewide
 1625  standardized end-of-course assessments administered under s.
 1626  1008.22(3)(c)2.b. and c.; and
 1627         i. The growth or decline in the data components listed in
 1628  sub-subparagraphs a.-h. from year to year.
 1629         (d) Notwithstanding the requirements in paragraphs (b) and
 1630  (c), beginning with the 2011-2012 school year, a school that
 1631  does not meet the minimum proficiency standards established by
 1632  the State Board of Education shall receive a school grade of
 1633  “F.” A definition of minimum proficiency must include a minimum
 1634  percent of students proficient in reading and may include
 1635  significant gains from the prior year as a condition for waiving
 1636  this paragraph.
 1637  
 1638  The State Board of Education shall adopt appropriate criteria
 1639  for each school grade. The criteria must also give added weight
 1640  to student achievement in reading. Schools designated with a
 1641  grade of “C,” making satisfactory progress, shall be required to
 1642  demonstrate that adequate progress has been made by students in
 1643  the school who are in the lowest 25th percentile in reading and
 1644  mathematics on the FCAT and end-of-course assessments as
 1645  described in s. 1008.22(3)(c)2.a., unless these students are
 1646  exhibiting satisfactory performance. Beginning with the 2009
 1647  2010 school year for schools comprised of high school grades 9,
 1648  10, 11, and 12, or grades 10, 11, and 12, the criteria for
 1649  school grades must also give added weight to the graduation rate
 1650  of all eligible at-risk students, as defined in this paragraph.
 1651  Beginning in the 2009-2010 school year, in order for a high
 1652  school to be designated as having a grade of “A,” making
 1653  excellent progress, the school must demonstrate that at-risk
 1654  students, as defined in this paragraph, in the school are making
 1655  adequate progress.
 1656         Section 23. Paragraph (a) of subsection (3) of section
 1657  1011.01, Florida Statutes, is amended to read:
 1658         1011.01 Budget system established.—
 1659         (3)(a) Each district school board and each community
 1660  college board of trustees shall prepare, adopt, and submit to
 1661  the Commissioner of Education for review an annual operating
 1662  budget. Operating budgets shall be prepared and submitted in
 1663  accordance with the provisions of law, rules of the State Board
 1664  of Education, the General Appropriations Act, and for district
 1665  school boards in accordance with the provisions of ss. 200.065
 1666  and 1011.64.
 1667         Section 24. Subsection (4) of section 1011.03, Florida
 1668  Statutes, is amended to read:
 1669         1011.03 Public hearings; budget to be submitted to
 1670  Department of Education.—
 1671         (4) The board shall hold public hearings to adopt tentative
 1672  and final budgets pursuant to s. 200.065. The hearings shall be
 1673  primarily for the purpose of hearing requests and complaints
 1674  from the public regarding the budgets and the proposed tax
 1675  levies and for explaining the budget and proposed or adopted
 1676  amendments thereto, if any. The district school board shall then
 1677  require the superintendent to transmit forthwith two copies of
 1678  the adopted budget to the Department of Education for approval
 1679  as prescribed by law and rules of the State Board of Education.
 1680         Section 25. Section 1011.035, Florida Statutes, is created
 1681  to read:
 1682         1011.035School district budget transparency.
 1683         (1) The Legislature finds that it is important for school
 1684  districts to provide budgetary transparency to enable taxpayers,
 1685  parents, and education advocates to obtain school district
 1686  budgets and related information in a manner that is simply
 1687  explained and easily understandable. The Legislature finds that
 1688  financial transparency leads to more responsible spending, more
 1689  citizen involvement, and improved accountability. The
 1690  Legislature further finds that a budget that is not transparent,
 1691  accessible, and accurate cannot be properly analyzed, its
 1692  implementation thoroughly monitored, or its outcomes evaluated.
 1693         (2) Each district school board shall post on its website
 1694  its plain language version of each proposed, tentative, and
 1695  official budget that describes each budget item in terms that
 1696  are easily understandable to the public. This information must
 1697  be prominently posted on the school district’s website in a
 1698  manner that is readily accessible to the public.
 1699         (3) Each district school board is encouraged to post the
 1700  following information on its website:
 1701         (a) Timely information as to when a budget hearing will be
 1702  conducted;
 1703         (b) Each approved contract between the district school
 1704  board and the teachers’ union;
 1705         (c) Each approved contract between the district school
 1706  board and noninstructional staff;
 1707         (d) Recommendations of the citizens’ budget advisory
 1708  committee; and
 1709         (e) Current and archived video recordings of each district
 1710  school board meeting and workshop.
 1711         (4) Each district school board’s website must contain
 1712  links:
 1713         (a) Helping explain or providing background information on
 1714  various budget items that are required by state or federal law;
 1715         (b) Allowing users to navigate to related sites to view
 1716  supporting detail; and
 1717         (c) Enabling taxpayers, parents, and education advocates to
 1718  send e-mails asking questions about the budget and to enable
 1719  others to see the questions and responses.
 1720         Section 26. Subsection (1) of section 1011.61, Florida
 1721  Statutes, is amended to read:
 1722         1011.61 Definitions.—Notwithstanding the provisions of s.
 1723  1000.21, the following terms are defined as follows for the
 1724  purposes of the Florida Education Finance Program:
 1725         (1) A “full-time equivalent student” in each program of the
 1726  district is defined in terms of full-time students and part-time
 1727  students as follows:
 1728         (a) A “full-time student” is one student on the membership
 1729  roll of one school program or a combination of school programs
 1730  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1731  for:
 1732         1. Instruction in a standard school, comprising not less
 1733  than 900 net hours for a student in or at the grade level of 4
 1734  through 12, or not less than 720 net hours for a student in or
 1735  at the grade level of kindergarten through grade 3 or in an
 1736  authorized prekindergarten exceptional program;
 1737         2. Instruction in a double-session school or a school
 1738  utilizing an experimental school calendar approved by the
 1739  Department of Education, comprising not less than the equivalent
 1740  of 810 net hours in grades 4 through 12 or not less than 630 net
 1741  hours in kindergarten through grade 3; or
 1742         3. Instruction comprising the appropriate number of net
 1743  hours set forth in subparagraph 1. or subparagraph 2. for
 1744  students who, within the past year, have moved with their
 1745  parents for the purpose of engaging in the farm labor or fish
 1746  industries, if a plan furnishing such an extended school day or
 1747  week, or a combination thereof, has been approved by the
 1748  commissioner. Such plan may be approved to accommodate the needs
 1749  of migrant students only or may serve all students in schools
 1750  having a high percentage of migrant students. The plan described
 1751  in this subparagraph is optional for any school district and is
 1752  not mandated by the state.
 1753         (b) A “part-time student” is a student on the active
 1754  membership roll of a school program or combination of school
 1755  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1756  student.
 1757         (c)1. A “full-time equivalent student” is:
 1758         a. A full-time student in any one of the programs listed in
 1759  s. 1011.62(1)(c); or
 1760         b. A combination of full-time or part-time students in any
 1761  one of the programs listed in s. 1011.62(1)(c) which is the
 1762  equivalent of one full-time student based on the following
 1763  calculations:
 1764         (I) A full-time student, except a postsecondary or adult
 1765  student or a senior high school student enrolled in adult
 1766  education when such courses are required for high school
 1767  graduation, in a combination of programs listed in s.
 1768  1011.62(1)(c) shall be a fraction of a full-time equivalent
 1769  membership in each special program equal to the number of net
 1770  hours per school year for which he or she is a member, divided
 1771  by the appropriate number of hours set forth in subparagraph
 1772  (a)1. or subparagraph (a)2. The difference between that fraction
 1773  or sum of fractions and the maximum value as set forth in
 1774  subsection (4) for each full-time student is presumed to be the
 1775  balance of the student’s time not spent in such special
 1776  education programs and shall be recorded as time in the
 1777  appropriate basic program.
 1778         (II) A prekindergarten handicapped student shall meet the
 1779  requirements specified for kindergarten students.
 1780         (III) A full-time equivalent student for students in
 1781  kindergarten through grade 5 in a school district virtual
 1782  instruction program under s. 1002.45 shall consist of a student
 1783  who has successfully completed a basic program listed in s.
 1784  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
 1785  level.
 1786         (IV) A full-time equivalent student for students in grades
 1787  6 through 8 12 in a school district virtual instruction program
 1788  under s. 1002.45(1)(b)1. and 2. shall consist of six full
 1789  successful course credit completions in programs listed in s.
 1790  1011.62(1)(c)1.b. or c. and 3. A full-time equivalent student
 1791  for students in grades 9 through 12 in a school district virtual
 1792  instruction program under s. 1002.45(1)(b)1. and 2. shall
 1793  consist of six full credit completions in programs listed in s.
 1794  1011.62(1)(c)1.c. or 3. Successful course Credit completions for
 1795  students in grades 6 through 8 can be a combination of either
 1796  successful semester or full course completions full credits or
 1797  half credits. Successful credit completions for students in
 1798  grades 9 through 12 can be a combination of either credits or
 1799  half credits.
 1800         (V) A Florida Virtual School full-time equivalent student
 1801  shall consist of six full successful course completions for
 1802  students in grades 4 through 8 credit completions in the
 1803  programs listed in s. 1011.62(1)(c)1.b. for grades 6 through 8
 1804  and the programs listed in s. 1011.62(1)(c)1.c. for grades 9
 1805  through 12. A Florida Virtual School full-time equivalent
 1806  student shall consist of six full credit completions for grades
 1807  9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and
 1808  3. Credit or course completions can be a combination of either
 1809  successful semester or full course completions for grades 6
 1810  through 8 and full credits and half-credits for grades 9 through
 1811  12 full credits or half credits.
 1812         (VI) Each successfully completed credit earned under the
 1813  alternative high school course credit requirements authorized in
 1814  s. 1002.375, which is not reported as a portion of the 900 net
 1815  hours of instruction pursuant to subparagraph (1)(a)1., shall be
 1816  calculated as 1/6 FTE.
 1817         2. A student in membership in a program scheduled for more
 1818  or less than 180 school days or the equivalent on an hourly
 1819  basis as specified by rules of the State Board of Education is a
 1820  fraction of a full-time equivalent membership equal to the
 1821  number of instructional hours in membership divided by the
 1822  appropriate number of hours set forth in subparagraph (a)1.;
 1823  however, for the purposes of this subparagraph, membership in
 1824  programs scheduled for more than 180 days is limited to students
 1825  enrolled in juvenile justice education programs and the Florida
 1826  Virtual School.
 1827  
 1828  The department shall determine and implement an equitable method
 1829  of equivalent funding for experimental schools and for schools
 1830  operating under emergency conditions, which schools have been
 1831  approved by the department to operate for less than the minimum
 1832  school day.
 1833         Section 27. Paragraph (p) of subsection (1) of section
 1834  1011.62, Florida Statutes, is amended to read:
 1835         1011.62 Funds for operation of schools.—If the annual
 1836  allocation from the Florida Education Finance Program to each
 1837  district for operation of schools is not determined in the
 1838  annual appropriations act or the substantive bill implementing
 1839  the annual appropriations act, it shall be determined as
 1840  follows:
 1841         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1842  OPERATION.—The following procedure shall be followed in
 1843  determining the annual allocation to each district for
 1844  operation:
 1845         (p) Calculation of additional full-time equivalent
 1846  membership based on certification of successful completion of
 1847  industry-certified career and professional academy programs
 1848  pursuant to ss. 1003.491, 1003.492, and 1003.493, and 1003.4935
 1849  and identified in the Industry Certified Funding List pursuant
 1850  to rules adopted by the State Board of Education.—A maximum
 1851  value of 0.3 full-time equivalent student membership shall be
 1852  calculated for each student who completes an industry-certified
 1853  career and professional academy program under ss. 1003.491,
 1854  1003.492, and 1003.493, and 1003.4935 and who is issued the
 1855  highest level of industry certification identified annually in
 1856  the Industry Certification Funding List approved under rules
 1857  adopted by the State Board of Education and a high school
 1858  diploma. The value of full-time equivalent student membership
 1859  shall be determined by weights adopted by the State Board of
 1860  Education pursuant to s. 1003.492. Such value shall be added to
 1861  the total full-time equivalent student membership in secondary
 1862  career education programs for grades 9 through 12 in the
 1863  subsequent year for courses that were not funded through dual
 1864  enrollment. The additional full-time equivalent membership
 1865  authorized under this paragraph may not exceed 0.3 per student.
 1866  Allocated funds shall be proportionately prorated and
 1867  distributed to middle school career and professional academies
 1868  for those students who earned industry certifications. Each
 1869  district must allocate at least 80 percent of the funds
 1870  generated by student attainment of an provided for industry
 1871  certification, in accordance with this paragraph, to the program
 1872  in which the student earned the industry certification that
 1873  generated the funds. Unless a different amount is specified in
 1874  the General Appropriations Act, the appropriation for this
 1875  calculation is limited to $15 million annually. If the
 1876  appropriation is insufficient to fully fund the total
 1877  calculation, the appropriation shall be prorated.
 1878         Section 28. Subsection (1) of section 1012.39, Florida
 1879  Statutes, is amended to read:
 1880         1012.39 Employment of substitute teachers, teachers of
 1881  adult education, nondegreed teachers of career education, and
 1882  career specialists; students performing clinical field
 1883  experience.—
 1884         (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
 1885  1012.57, or any other provision of law or rule to the contrary,
 1886  each district school board shall establish the minimal
 1887  qualifications for:
 1888         (a) Substitute teachers to be employed pursuant to s.
 1889  1012.35. The qualifications shall require the filing of a
 1890  complete set of fingerprints in the same manner as required by
 1891  s. 1012.32; documentation of a minimum education level of a high
 1892  school diploma or equivalent; and completion of an initial
 1893  orientation and training program in district policies and
 1894  procedures addressing school safety and security procedures,
 1895  educational liability laws, professional responsibilities, and
 1896  ethics.
 1897         (b) Part-time and full-time teachers in adult education
 1898  programs. The qualifications shall require the filing of a
 1899  complete set of fingerprints in the same manner as required by
 1900  s. 1012.32. Faculty employed solely to conduct postsecondary
 1901  instruction may be exempted from this requirement.
 1902         (c) Part-time and full-time nondegreed teachers of career
 1903  programs. Qualifications shall be established for nondegreed
 1904  teachers of career and technical education courses for program
 1905  clusters that are recognized in this state agriculture,
 1906  business, health occupations, family and consumer sciences,
 1907  industrial, marketing, career specialist, and public service
 1908  education teachers, based primarily on successful occupational
 1909  experience rather than academic training. The qualifications for
 1910  such teachers shall require:
 1911         1. The filing of a complete set of fingerprints in the same
 1912  manner as required by s. 1012.32. Faculty employed solely to
 1913  conduct postsecondary instruction may be exempted from this
 1914  requirement.
 1915         2. Documentation of education and successful occupational
 1916  experience including documentation of:
 1917         a. A high school diploma or the equivalent.
 1918         b. Completion of 6 years of full-time successful
 1919  occupational experience or the equivalent of part-time
 1920  experience in the teaching specialization area. The district
 1921  school board may establish alternative qualifications for
 1922  teachers who hold industry certificates in the career areas in
 1923  which they teach. Alternate means of determining successful
 1924  occupational experience may be established by the district
 1925  school board.
 1926         c. Industry certification if state or national industry
 1927  certifications are available and applicable.
 1928         d.c. Completion of career education training conducted
 1929  through the local school district inservice master plan.
 1930         e.d. For full-time teachers, completion of professional
 1931  education training in teaching methods, course construction,
 1932  lesson planning and evaluation, and teaching special needs
 1933  students. This training may be completed through coursework from
 1934  an accredited or approved institution or an approved district
 1935  teacher education program.
 1936         f.e. Demonstration of successful teaching performance.
 1937         Section 29. Except as otherwise expressly provided in this
 1938  act and except for this section, which shall take effect upon
 1939  this act becoming a law, this act shall take effect July 1,
 1940  2011.