Florida Senate - 2011                (Corrected Copy)    SB 2026
       
       
       
       By Senator Sachs
       
       
       
       
       33-01210-11                                           20112026__
    1                        A bill to be entitled                      
    2         An act relating to public school education; amending
    3         ss. 1002.33, 1003.03, 1003.413, and 1003.4156, F.S.,
    4         relating to discontinuance of administration of the
    5         Florida Comprehensive Assessment Test (FCAT), to
    6         conform to changes made by the act; deleting
    7         requirement that district school boards establish
    8         policies for intensive reading and mathematics
    9         intervention courses in high school; providing for
   10         intervention services; amending s. 1003.428, F.S.;
   11         requiring that students be advised of the availability
   12         of certain courses for purposes of high school
   13         graduation; providing for remediation and intervention
   14         services in certain circumstances; revising general
   15         requirements for high school graduation; conforming
   16         provisions relating to discontinuance of FCAT
   17         administration; amending s. 1003.429, F.S.; requiring
   18         that students be advised of the availability of
   19         certain courses for purposes of accelerated high
   20         school graduation options; revising general
   21         requirements for accelerated high school graduation;
   22         conforming provisions relating to discontinuance of
   23         FCAT administration; requiring the State Board of
   24         Education to appoint a task force to develop high
   25         school graduation standards for career-track students
   26         and consider ways to provide unique curriculum
   27         offerings; requiring the task force to submit
   28         recommendations to the Legislature; amending s.
   29         1003.433, F.S., relating to discontinuance of FCAT
   30         administration and revised general requirements for
   31         high school graduation, to conform to changes made by
   32         the act; amending s. 1008.22, F.S.; revising the
   33         statewide student assessment program to discontinue
   34         use of the FCAT; requiring the assessment program to
   35         consist of subject area assessments for students in
   36         grades 3 through 5, subject area assessments and end
   37         of-course assessments in core and noncore subjects for
   38         students in grades 6 through 12, and diagnostic
   39         assessments for students in grades 6, 8, and 10;
   40         providing eligibility for exemption from certain
   41         assessment requirements; revising course grade and
   42         course credit requirements relating to student
   43         performance on end-of-course assessments; requiring
   44         school districts to provide intervention services to
   45         certain students; providing that results on end-of
   46         course assessments are one component of requirements
   47         for high school graduation; revising provisions
   48         relating to test-preparation activities; deleting
   49         provisions relating to use of concordant scores for
   50         the FCAT; amending s. 1008.25, F.S.; requiring
   51         intervention services for certain students as part of
   52         the comprehensive program for student progression;
   53         conforming provisions relating to the revision of the
   54         statewide student assessment program; deleting
   55         mandatory retention for certain grade 3 students;
   56         authorizing promotion for good cause; providing for
   57         reporting; amending s. 1008.30, F.S.; revising
   58         provisions relating to use of the common placement
   59         test to conform to discontinuance of FCAT
   60         administration; amending ss. 1008.34 and 1008.341,
   61         F.S.; deleting use of the FCAT as a basis for
   62         determining school grades and school improvement
   63         ratings; providing for student results on subject area
   64         assessments and end-of-course assessments to partially
   65         determine school grades and school improvement
   66         ratings; providing additional factors for such
   67         determination; conforming provisions relating to
   68         revision of the Florida School Recognition Program;
   69         amending s. 1008.36, F.S.; changing the Florida School
   70         Recognition Program to the Every Child Matters
   71         Program; providing intent and purpose of the program;
   72         providing for financial assistance to schools
   73         providing remediation and intervention services to
   74         certain students; specifying the uses of program
   75         funds; providing Department of Education duties;
   76         amending s. 1009.531, F.S.; adding a cross-reference
   77         to high school graduation requirements; amending s.
   78         1011.62, F.S.; conforming provisions relating to
   79         revision of the Florida School Recognition Program and
   80         discontinuance of FCAT administration; amending s.
   81         1012.22, F.S.; conforming provisions relating to
   82         discontinuance of FCAT administration; providing for
   83         the appointment of a public school assessment and
   84         accountability alignment committee to develop
   85         standards for a revised statewide student assessment
   86         program, procedures for transitioning to the new
   87         program, and standards for determining school grades
   88         and school improvement ratings; providing for
   89         membership; providing duties of the alignment
   90         committee, the State Board of Education, and the
   91         Department of Education; providing a timetable for
   92         implementation; providing for future expiration of the
   93         alignment committee; providing effective dates.
   94  
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Paragraph (a) of subsection (20) of section
   98  1002.33, Florida Statutes, is amended to read:
   99         1002.33 Charter schools.—
  100         (20) SERVICES.—
  101         (a)1. A sponsor shall provide certain administrative and
  102  educational services to charter schools. These services shall
  103  include contract management services; full-time equivalent and
  104  data reporting services; exceptional student education
  105  administration services; services related to eligibility and
  106  reporting duties required to ensure that school lunch services
  107  under the federal lunch program, consistent with the needs of
  108  the charter school, are provided by the school district at the
  109  request of the charter school, that any funds due to the charter
  110  school under the federal lunch program be paid to the charter
  111  school as soon as the charter school begins serving food under
  112  the federal lunch program, and that the charter school is paid
  113  at the same time and in the same manner under the federal lunch
  114  program as other public schools serviced by the sponsor or the
  115  school district; test administration services, including payment
  116  of the costs of state-required or district-required student
  117  assessments; processing of teacher certificate data services;
  118  and information services, including equal access to student
  119  information systems that are used by public schools in the
  120  district in which the charter school is located. Student
  121  performance data for each student in a charter school,
  122  including, but not limited to, subject area assessment scores,
  123  end-of-course assessment FCAT scores, standardized test scores,
  124  previous public school student report cards, and student
  125  performance measures, shall be provided by the sponsor to a
  126  charter school in the same manner provided to other public
  127  schools in the district.
  128         2. A total administrative fee for the provision of such
  129  services shall be calculated based upon up to 5 percent of the
  130  available funds defined in paragraph (17)(b) for all students.
  131  However, a sponsor may only withhold up to a 5-percent
  132  administrative fee for enrollment for up to and including 250
  133  students. For charter schools with a population of 251 or more
  134  students, the difference between the total administrative fee
  135  calculation and the amount of the administrative fee withheld
  136  may only be used for capital outlay purposes specified in s.
  137  1013.62(2).
  138         3. In addition, a sponsor may withhold only up to a 5
  139  percent administrative fee for enrollment for up to and
  140  including 500 students within a system of charter schools which
  141  meets all of the following:
  142         a. Includes both conversion charter schools and
  143  nonconversion charter schools;
  144         b. Has all schools located in the same county;
  145         c. Has a total enrollment exceeding the total enrollment of
  146  at least one school district in the state;
  147         d. Has the same governing board; and
  148         e. Does not contract with a for-profit service provider for
  149  management of school operations.
  150         4. The difference between the total administrative fee
  151  calculation and the amount of the administrative fee withheld
  152  pursuant to subparagraph 3. may be used for instructional and
  153  administrative purposes as well as for capital outlay purposes
  154  specified in s. 1013.62(2).
  155         5. Each charter school shall receive 100 percent of the
  156  funds awarded to that school pursuant to s. 1012.225. Sponsors
  157  shall not charge charter schools any additional fees or
  158  surcharges for administrative and educational services in
  159  addition to the maximum 5-percent administrative fee withheld
  160  pursuant to this paragraph.
  161         Section 2. Paragraph (c) of subsection (3) of section
  162  1003.03, Florida Statutes, is amended to read:
  163         1003.03 Maximum class size.—
  164         (3) IMPLEMENTATION OPTIONS.—District school boards must
  165  consider, but are not limited to, implementing the following
  166  items in order to meet the constitutional class size maximums
  167  described in subsection (1):
  168         (c)1. Repeal district school board policies that require
  169  students to have more than 24 credits to graduate from high
  170  school.
  171         2. Adopt policies to allow students to graduate from high
  172  school as soon as they meet the requirements pass the grade 10
  173  FCAT and complete the courses required for high school
  174  graduation.
  175         Section 3. Paragraph (d) of subsection (3) of section
  176  1003.413, Florida Statutes, is amended to read:
  177         1003.413 Florida Secondary School Redesign Act.—
  178         (3) Based on these guiding principles, district school
  179  boards shall establish policies to implement the requirements of
  180  ss. 1003.4156, 1003.428, and 1003.493. The policies must
  181  address:
  182         (d) Credit recovery courses and intensive reading and
  183  mathematics intervention services courses based on student
  184  performance on diagnostic assessments, subject area assessments,
  185  or end-of-course assessments FCAT Reading and Mathematics. These
  186  courses and intervention services should be competency based and
  187  offered through innovative delivery systems, including computer
  188  assisted instruction. School districts should use learning gains
  189  as well as other appropriate data and provide incentives to
  190  identify and reward high-performing teachers who teach credit
  191  recovery courses and provide intensive intervention services
  192  courses.
  193         Section 4. Subsection (1) of section 1003.4156, Florida
  194  Statutes, are amended to read:
  195         1003.4156 General requirements for middle grades
  196  promotion.—
  197         (1) Beginning with students entering grade 6 in the 2006
  198  2007 school year, Promotion from a school composed of middle
  199  grades 6, 7, and 8 requires that:
  200         (a) The student must successfully complete academic courses
  201  as follows:
  202         1. Three middle school or higher courses in English. These
  203  courses shall emphasize literature, composition, and technical
  204  text.
  205         2. Three middle school or higher courses in mathematics.
  206  Each middle school must offer at least one high school level
  207  mathematics course for which students may earn high school
  208  credit. Successful completion of a high school level Algebra I
  209  or geometry course is not contingent upon the student’s
  210  performance on the end-of-course assessment required under s.
  211  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  212  school year, to earn high school credit for an Algebra I course,
  213  a middle school student must pass the Algebra I end-of-course
  214  assessment, and beginning with the 2012-2013 school year, to
  215  earn high school credit for a geometry course, a middle school
  216  student must pass the geometry end-of-course assessment.
  217         3. Three middle school or higher courses in social studies,
  218  one semester of which must include the study of state and
  219  federal government and civics education. Beginning with students
  220  entering grade 6 in the 2012-2013 school year, one of these
  221  courses must be at least a one-semester civics education course
  222  that a student successfully completes in accordance with s.
  223  1008.22(3)(c) and that includes the roles and responsibilities
  224  of federal, state, and local governments; the structures and
  225  functions of the legislative, executive, and judicial branches
  226  of government; and the meaning and significance of historic
  227  documents, such as the Articles of Confederation, the
  228  Declaration of Independence, and the Constitution of the United
  229  States.
  230         4. Three middle school or higher courses in science.
  231  Successful completion of a high school level Biology I course is
  232  not contingent upon the student’s performance on the end-of
  233  course assessment required under s. 1008.22(3)(c)2.a.(II).
  234  However, beginning with the 2012-2013 school year, to earn high
  235  school credit for a Biology I course, a middle school student
  236  must pass the Biology I end-of-course assessment.
  237         5. One course in career and education planning to be
  238  completed in 7th or 8th grade. The course may be taught by any
  239  member of the instructional staff; must include career
  240  exploration using Florida CHOICES or a comparable cost-effective
  241  program; must include educational planning using the online
  242  student advising system known as Florida Academic Counseling and
  243  Tracking for Students at the Internet website FACTS.org; and
  244  shall result in the completion of a personalized academic and
  245  career plan. The required personalized academic and career plan
  246  must inform students of high school graduation requirements,
  247  high school assessment and college entrance test requirements,
  248  Florida Bright Futures Scholarship Program requirements, state
  249  university and Florida college admission requirements, and
  250  programs through which a high school student can earn college
  251  credit, including Advanced Placement, International
  252  Baccalaureate, Advanced International Certificate of Education,
  253  dual enrollment, career academy opportunities, and courses that
  254  lead to national industry certification.
  255  
  256  Each school must hold a parent meeting either in the evening or
  257  on a weekend to inform parents about the course curriculum and
  258  activities. Each student shall complete an electronic personal
  259  education plan that must be signed by the student; the student’s
  260  instructor, guidance counselor, or academic advisor; and the
  261  student’s parent. The Department of Education shall develop
  262  course frameworks and professional development materials for the
  263  career exploration and education planning course. The course may
  264  be implemented as a stand-alone course or integrated into
  265  another course or courses. The Commissioner of Education shall
  266  collect longitudinal high school course enrollment data by
  267  student ethnicity in order to analyze course-taking patterns.
  268         (b) For each year in which a student’s performance on a
  269  diagnostic assessment or a subject area assessment in student
  270  scores at Level l on FCAT reading does not meet grade-level
  271  expectations, the student must be enrolled in and complete an
  272  intensive reading course the following year. Placement of
  273  students Level 2 readers in either an intensive reading course
  274  or a content area course in which reading strategies are
  275  delivered shall be determined by diagnosis of reading needs. The
  276  department shall provide guidance on appropriate strategies for
  277  diagnosing and meeting the varying instructional needs of
  278  students reading below grade level. Reading courses shall be
  279  designed and offered pursuant to the comprehensive reading plan
  280  required by s. 1011.62(9).
  281         (c) For each year in which a student’s performance on a
  282  diagnostic assessment, a subject area assessment, or an end-of
  283  course assessment in student scores at Level 1 or Level 2 on
  284  FCAT mathematics does not meet grade-level expectations, the
  285  student must receive remediation the following year, which may
  286  be integrated into the student’s required mathematics course.
  287         Section 5. Subsection (1), paragraph (b) of subsection (2),
  288  paragraph (b) of subsection (4), and paragraph (b) of subsection
  289  (8) of section 1003.428, Florida Statutes, are amended to read:
  290         1003.428 General requirements for high school graduation;
  291  revised.—
  292         (1) Except as otherwise authorized pursuant to s. 1003.429,
  293  beginning with students entering grade 9 in the 2007-2008 school
  294  year, graduation requires the successful completion of a minimum
  295  of 24 credits, an International Baccalaureate curriculum, or an
  296  Advanced International Certificate of Education curriculum.
  297  Students must be advised of the Advanced Placement courses,
  298  International Baccalaureate courses, Advanced International
  299  Certificate of Education courses, career academy courses that
  300  lead to national industry certification, and dual enrollment
  301  courses that are available, as well as the availability of
  302  course offerings through the Florida Virtual School. Students
  303  must also be advised of eligibility requirements for state
  304  scholarship programs and postsecondary admissions.
  305         (2) The 24 credits may be earned through applied,
  306  integrated, and combined courses approved by the Department of
  307  Education. The 24 credits shall be distributed as follows:
  308         (b) Eight credits in electives.
  309         1. For each year in which a student’s performance on a
  310  diagnostic assessment or subject area assessment in student
  311  scores at Level 1 on FCAT reading does not meet grade-level
  312  expectations, the student must receive remediation and
  313  intervention services as soon as feasible but no later than be
  314  enrolled in and complete an intensive reading course the
  315  following year. Placement of students Level 2 readers in either
  316  a an intensive reading course or a content area course in which
  317  reading strategies are delivered shall be determined by
  318  diagnosis of reading needs. The department shall provide
  319  guidance on appropriate strategies for diagnosing and meeting
  320  the varying instructional needs of students reading below grade
  321  level. Reading courses shall be designed and offered pursuant to
  322  the comprehensive reading plan required by s. 1011.62(9).
  323         2. For each year in which a student’s performance on a
  324  diagnostic assessment, a subject area assessment, or an end-of
  325  course assessment in student scores at Level 1 or Level 2 on
  326  FCAT mathematics does not meet grade-level expectations, the
  327  student must receive remediation and intervention services as
  328  soon as feasible but no later than the following year.
  329  Intervention These courses may be taught through applied,
  330  integrated, or combined courses and are subject to approval by
  331  the department for inclusion in the Course Code Directory.
  332         (4) Each district school board shall establish standards
  333  for graduation from its schools, which must include:
  334         (b) Successful overall academic performance based on end
  335  of-course assessments, grade point average, student portfolios,
  336  and, if determined by the State Board of Education, other
  337  measurable indicators of student progress. Earning passing
  338  scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
  339  a standardized test that are concordant with passing scores on
  340  the FCAT as defined in s. 1008.22(10).
  341  
  342  Each district school board shall adopt policies designed to
  343  assist students in meeting the requirements of this subsection.
  344  These policies may include, but are not limited to: forgiveness
  345  policies, summer school or before or after school attendance,
  346  special counseling, volunteers or peer tutors, school-sponsored
  347  help sessions, homework hotlines, and study skills classes.
  348  Forgiveness policies for required courses shall be limited to
  349  replacing a grade of “D” or “F,” or the equivalent of a grade of
  350  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  351  a grade of “C” or higher, earned subsequently in the same or
  352  comparable course. Forgiveness policies for elective courses
  353  shall be limited to replacing a grade of “D” or “F,” or the
  354  equivalent of a grade of “D” or “F,” with a grade of “C” or
  355  higher, or the equivalent of a grade of “C” or higher, earned
  356  subsequently in another course. The only exception to these
  357  forgiveness policies shall be made for a student in the middle
  358  grades who takes any high school course for high school credit
  359  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  360  grade of “C,” “D,” or “F.” In such case, the district
  361  forgiveness policy must allow the replacement of the grade with
  362  a grade of “C” or higher, or the equivalent of a grade of “C” or
  363  higher, earned subsequently in the same or comparable course. In
  364  all cases of grade forgiveness, only the new grade shall be used
  365  in the calculation of the student’s grade point average. Any
  366  course grade not replaced according to a district school board
  367  forgiveness policy shall be included in the calculation of the
  368  cumulative grade point average required for graduation.
  369         (8)
  370         (b)1. A student with a disability, as defined in s.
  371  1007.02(2), for whom the individual education plan (IEP)
  372  committee determines that the FCAT cannot accurately measure the
  373  student’s abilities taking into consideration all allowable
  374  accommodations, shall have the FCAT requirement of paragraph
  375  (4)(b) waived for the purpose of receiving a standard high
  376  school diploma, if the student:
  377         a. Completes the minimum number of credits and other
  378  requirements prescribed by subsections (1), (2), and (3).
  379         b. Does not meet the requirements of paragraph (4)(b) after
  380  one opportunity in 10th grade and one opportunity in 11th grade.
  381         2. A student with a disability, as defined in s.
  382  1007.02(2), for whom the IEP committee determines that an end
  383  of-course assessment cannot accurately measure the student’s
  384  abilities, taking into consideration all allowable
  385  accommodations, shall have the end-of-course assessment results
  386  that are used as a partial basis for determining successful
  387  overall academic performance waived for the purpose of
  388  determining the student’s course grade and credit as required in
  389  paragraph (4)(a).
  390         Section 6. Subsection (1), paragraph (a) of subsection (6),
  391  and subsection (8) of section 1003.429, Florida Statutes, are
  392  amended to read:
  393         1003.429 Accelerated high school graduation options.—
  394         (1) Students who enter grade 9 in the 2006-2007 school year
  395  and thereafter may select, upon receipt of each consent required
  396  by this section, one of the following three high school
  397  graduation options:
  398         (a) Completion of the general requirements for high school
  399  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  400         (b) Completion of a 3-year standard college preparatory
  401  program requiring successful completion of a minimum of 18
  402  academic credits in grades 9 through 12. At least 6 of the 18
  403  credits required for completion of this program must be received
  404  in classes that are offered pursuant to the International
  405  Baccalaureate Program, the Advanced Placement Program, dual
  406  enrollment, or the Advanced International Certificate of
  407  Education Program, or specifically listed or identified by the
  408  Department of Education as rigorous pursuant to s. 1009.531(3).
  409  Students must be advised of the Advanced Placement courses,
  410  International Baccalaureate courses, Advanced International
  411  Certificate of Education courses, career academy courses that
  412  lead to national industry certification, and dual enrollment
  413  courses that are available, as well as the availability of
  414  course offerings through the Florida Virtual School. The 18
  415  credits required for completion of this program shall be primary
  416  requirements and shall be distributed as follows:
  417         1. Four credits in English, with major concentration in
  418  composition and literature;
  419         2. Three credits and, beginning with students entering
  420  grade 9 in the 2010-2011 school year, four credits in
  421  mathematics at the Algebra I level or higher from the list of
  422  courses that qualify for state university admission. Beginning
  423  with students entering grade 9 in the 2010-2011 school year, in
  424  addition to the Algebra I credit requirement, one of the four
  425  credits in mathematics must be geometry or a series of courses
  426  equivalent to geometry as approved by the State Board of
  427  Education. Beginning with students entering grade 9 in the 2010
  428  2011 school year, the end-of-course assessment requirements
  429  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  430  to earn the required credit in Algebra I. Beginning with
  431  students entering grade 9 in the 2011-2012 school year, the end
  432  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  433  must be met in order for a student to earn the required credit
  434  in geometry. Beginning with students entering grade 9 in the
  435  2012-2013 school year, in addition to the Algebra I and geometry
  436  credit requirements, one of the four credits in mathematics must
  437  be Algebra II or a series of courses equivalent to Algebra II as
  438  approved by the State Board of Education;
  439         3. Three credits in science, two of which must have a
  440  laboratory component. Beginning with students entering grade 9
  441  in the 2011-2012 school year, one of the three credits in
  442  science must be Biology I or a series of courses equivalent to
  443  Biology I as approved by the State Board of Education. Beginning
  444  with students entering grade 9 in the 2011-2012 school year, the
  445  end-of-course assessment requirements under s.
  446  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  447  the required credit in Biology I. Beginning with students
  448  entering grade 9 in the 2013-2014 school year, one of the three
  449  credits must be Biology I or a series of courses equivalent to
  450  Biology I as approved by the State Board of Education, one
  451  credit must be chemistry or physics or a series of courses
  452  equivalent to chemistry or physics as approved by the State
  453  Board of Education, and one credit must be an equally rigorous
  454  course, as approved by the State Board of Education;
  455         4. Three credits in social sciences, which must include one
  456  credit in United States history, one credit in world history,
  457  one-half credit in United States government, and one-half credit
  458  in economics;
  459         5. Two credits in the same second language unless the
  460  student is a native speaker of or can otherwise demonstrate
  461  competency in a language other than English. If the student
  462  demonstrates competency in another language, the student may
  463  replace the language requirement with two credits in other
  464  academic courses; and
  465         6. Three credits in electives and, beginning with students
  466  entering grade 9 in the 2010-2011 school year, two credits in
  467  electives; or
  468         (c) Completion of a 3-year career preparatory program
  469  requiring successful completion of a minimum of 18 academic
  470  credits in grades 9 through 12. The 18 credits shall be primary
  471  requirements and shall be distributed as follows:
  472         1. Four credits in English, with major concentration in
  473  composition and literature;
  474         2. Three credits and, beginning with students entering
  475  grade 9 in the 2010-2011 school year, four credits in
  476  mathematics, one of which must be Algebra I. Beginning with
  477  students entering grade 9 in the 2010-2011 school year, in
  478  addition to the Algebra I credit requirement, one of the four
  479  credits in mathematics must be geometry or a series of courses
  480  equivalent to geometry as approved by the State Board of
  481  Education. Beginning with students entering grade 9 in the 2010
  482  2011 school year, the end-of-course assessment requirements
  483  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  484  to earn the required credit in Algebra I. Beginning with
  485  students entering grade 9 in the 2011-2012 school year, the end
  486  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  487  must be met in order for a student to earn the required credit
  488  in geometry. Beginning with students entering grade 9 in the
  489  2012-2013 school year, in addition to the Algebra I and geometry
  490  credit requirements, one of the four credits in mathematics must
  491  be Algebra II or a series of courses equivalent to Algebra II as
  492  approved by the State Board of Education;
  493         3. Three credits in science, two of which must have a
  494  laboratory component. Beginning with students entering grade 9
  495  in the 2011-2012 school year, one of the three credits in
  496  science must be Biology I or a series of courses equivalent to
  497  Biology I as approved by the State Board of Education. Beginning
  498  with students entering grade 9 in the 2011-2012 school year, the
  499  end-of-course assessment requirements under s.
  500  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  501  the required credit in Biology I. Beginning with students
  502  entering grade 9 in the 2013-2014 school year, one of the three
  503  credits must be Biology I or a series of courses equivalent to
  504  Biology I as approved by the State Board of Education, one
  505  credit must be chemistry or physics or a series of courses
  506  equivalent to chemistry or physics as approved by the State
  507  Board of Education, and one credit must be an equally rigorous
  508  course, as approved by the State Board of Education;
  509         4. Three credits in social sciences, which must include one
  510  credit in United States history, one credit in world history,
  511  one-half credit in United States government, and one-half credit
  512  in economics;
  513         5. Three credits in a single vocational or career education
  514  program, three credits in career and technical certificate dual
  515  enrollment courses, or five credits in vocational or career
  516  education courses; and
  517         6. Two credits and, beginning with students entering grade
  518  9 in the 2010-2011 school year, one credit in electives unless
  519  five credits are earned pursuant to subparagraph 5.
  520  
  521  Any student who selected an accelerated graduation program
  522  before July 1, 2004, may continue that program, and all
  523  statutory program requirements that were applicable when the
  524  student made the program choice shall remain applicable to the
  525  student as long as the student continues that program.
  526         (6) Students pursuing accelerated 3-year high school
  527  graduation options pursuant to paragraph (1)(b) or paragraph
  528  (1)(c) are required to:
  529         (a) Achieve successful overall academic performance based
  530  on end-of-course assessments, grade point average, student
  531  portfolios, and, if determined by the State Board of Education,
  532  other measurable indicators of student progress. Earn passing
  533  scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
  534  standardized test that are concordant with passing scores on the
  535  FCAT as defined in s. 1008.22(10).
  536  
  537  Weighted grades referred to in paragraphs (b), (c), and (d)
  538  shall be applied to those courses specifically listed or
  539  identified by the department as rigorous pursuant to s.
  540  1009.531(3) or weighted by the district school board for class
  541  ranking purposes.
  542         (8) A student who selected one of the accelerated 3-year
  543  graduation options shall automatically move to the 4-year
  544  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  545  if the student:
  546         (a) Exercises his or her right to change to the 4-year
  547  program;
  548         (b) Fails to earn 5 credits by the end of grade 9 or fails
  549  to earn 11 credits by the end of grade 10;
  550         (c) Does not achieve a passing score of 3 or higher on an
  551  end-of-course assessment in language arts the grade 10 FCAT
  552  Writing assessment; or
  553         (d) By the end of grade 11 does not meet the requirements
  554  of subsections (1) and (6).
  555         Section 7. Effective upon this act becoming a law, the
  556  State Board of Education shall appoint a task force to develop
  557  high school graduation standards for students who plan to enroll
  558  in a trade school or postsecondary technical institution after
  559  high school. In addition, the task force shall consider ways to
  560  allow school districts to provide unique curriculum offerings
  561  for specific career opportunities and needs that are present in
  562  a school district’s area. The task force shall be comprised of
  563  no less than 15 members representing, but not limited to,
  564  academic experts in workforce education, high school principals,
  565  teachers, and industry experts and shall be chaired by the
  566  Chancellor for Career and Adult Education. The task force shall
  567  prepare a report with recommendations for high school graduation
  568  standards for career-track students and ways to incorporate
  569  unique career curriculum offerings into a school district’s
  570  curriculum to be submitted by January 1, 2012, to the President
  571  of the Senate, the Speaker of the House of Representative, and
  572  the Governor.
  573         Section 8. Subsections (1), (2), and (3) of section
  574  1003.433, Florida Statutes, are amended to read:
  575         1003.433 Learning opportunities for out-of-state and out
  576  of-country transfer students and students needing additional
  577  instruction to meet high school graduation requirements.—
  578         (1) Students who enter a Florida public school at the
  579  eleventh or twelfth grade from out of state or from a foreign
  580  country shall not be required to spend additional time in a
  581  Florida public school in order to meet the high school course
  582  requirements if the student has met all requirements of the
  583  school district, state, or country from which he or she is
  584  transferring. Such students who are not proficient in English
  585  should receive immediate and intensive instruction in English
  586  language acquisition. However, to receive a standard high school
  587  diploma, a transfer student must achieve successful overall
  588  academic performance based on end-of-course assessments, earn a
  589  2.0 or higher grade point average, student portfolios, and, if
  590  determined by the State Board of Education, other measurable
  591  indicators of student progress and pass the grade 10 FCAT
  592  required in s. 1008.22(3) or an alternate assessment as
  593  described in s. 1008.22(10).
  594         (2) Students who do not meet have met all requirements for
  595  the standard high school diploma except for passage of the grade
  596  10 FCAT or an alternate assessment by the end of grade 12 must
  597  be provided the following learning opportunities:
  598         (a) Participation in an accelerated high school equivalency
  599  diploma preparation program during the summer.
  600         (b) Upon receipt of a certificate of completion, be allowed
  601  to take the College Placement Test and be admitted to remedial
  602  or credit courses at a state community college, as appropriate.
  603         (c) Participation in an adult general education program as
  604  provided in s. 1004.93 for such time as the student requires to
  605  master English, reading, mathematics, or any other subject
  606  required for high school graduation. Students attending adult
  607  basic, adult secondary, or vocational-preparatory instruction
  608  are exempt from any requirement for the payment of tuition and
  609  fees, including lab fees, pursuant to s. 1009.25. A student
  610  attending an adult general education program shall have the
  611  opportunity to take the grade 10 FCAT an unlimited number of
  612  times in order to receive a standard high school diploma.
  613         (3) Students who have been enrolled in an ESOL program for
  614  less than 2 school years and have not met all requirements for
  615  the standard high school diploma except for passage of the grade
  616  10 FCAT or alternate assessment may receive immersion English
  617  language instruction during the summer following their senior
  618  year. Students receiving such instruction are eligible to take
  619  the FCAT or alternate assessment and receive a standard high
  620  school diploma upon achievement of successful overall academic
  621  performance pursuant to subsection (1) passage of the grade 10
  622  FCAT or the alternate assessment. This subsection shall be
  623  implemented to the extent funding is provided in the General
  624  Appropriations Act.
  625         Section 9. Paragraph (a) of subsection (1), paragraphs (c)
  626  and (g) of subsection (3), paragraphs (b) and (c) of subsection
  627  (4), paragraph (a) of subsection (7), paragraphs (b) and (c) of
  628  subsection (9), and subsections (10) through (13) of section
  629  1008.22, Florida Statutes, are amended to read:
  630         1008.22 Student assessment program for public schools.—
  631         (1) PURPOSE.—The primary purposes of the student assessment
  632  program are to provide information needed to improve the public
  633  schools by enhancing the learning gains of all students and to
  634  inform parents of the educational progress of their public
  635  school children. The program must be designed to:
  636         (a) Assess the annual learning gains of each student toward
  637  achieving the Next Generation Sunshine State Standards
  638  appropriate for the student’s grade level.
  639         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  640  design and implement a statewide program of educational
  641  assessment that provides information for the improvement of the
  642  operation and management of the public schools, including
  643  schools operating for the purpose of providing educational
  644  services to youth in Department of Juvenile Justice programs.
  645  The commissioner may enter into contracts for the continued
  646  administration of the assessment, testing, and evaluation
  647  programs authorized and funded by the Legislature. Contracts may
  648  be initiated in 1 fiscal year and continue into the next and may
  649  be paid from the appropriations of either or both fiscal years.
  650  The commissioner is authorized to negotiate for the sale or
  651  lease of tests, scoring protocols, test scoring services, and
  652  related materials developed pursuant to law. Pursuant to the
  653  statewide assessment program, the commissioner shall:
  654         (c) Develop and implement a student achievement testing
  655  program as follows:
  656         1. Subject area assessments for students in grades 3
  657  through 5, subject area assessments and end-of-course
  658  assessments for students in grades 6 through 12, and diagnostic
  659  assessments for students in grades 6, 8, and 10 shall measure
  660  The Florida Comprehensive Assessment Test (FCAT) measures a
  661  student’s content knowledge and skills in language arts reading,
  662  writing, science, and mathematics, and other core and noncore
  663  subject areas as determined by the State Board of Education. The
  664  content knowledge and skills assessed by the FCAT must be
  665  aligned to the core curricular content established in the Next
  666  Generation Sunshine State Standards. Other content areas may be
  667  included as directed by the commissioner. Comprehensive
  668  assessments of reading and mathematics shall be administered
  669  annually in grades 3 through 10 except, beginning with the 2010
  670  2011 school year, the administration of grade 9 FCAT Mathematics
  671  shall be discontinued, and beginning with the 2011-2012 school
  672  year, the administration of grade 10 FCAT Mathematics shall be
  673  discontinued, except as required for students who have not
  674  attained minimum performance expectations for graduation as
  675  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  676  shall be administered at least once at the elementary, middle,
  677  and high school levels except, beginning with the 2011-2012
  678  school year, the administration of FCAT Science at the high
  679  school level shall be discontinued.
  680         2.a. End-of-course assessments for a subject shall be
  681  administered in addition to the comprehensive assessments
  682  required under subparagraph 1. End-of-course assessments must be
  683  rigorous, statewide, standardized, and developed or approved by
  684  the department. The content knowledge and skills assessed by
  685  end-of-course assessments must be aligned to the core curricular
  686  content established in the Next Generation Sunshine State
  687  Standards.
  688         (I) Statewide, standardized end-of-course assessments in
  689  mathematics shall be administered according to this sub-sub
  690  subparagraph. Beginning with the 2010-2011 school year, all
  691  students enrolled in Algebra I or an equivalent course must take
  692  the Algebra I end-of-course assessment. Students who earned high
  693  school credit in Algebra I while in grades 6 through 8 during
  694  the 2007-2008 through 2009-2010 school years and who have not
  695  taken Grade 10 FCAT Mathematics must take the Algebra I end-of
  696  course assessment during the 2010-2011 school year. For students
  697  entering grade 9 during the 2010-2011 school year and who are
  698  enrolled in Algebra I or an equivalent, Each student’s
  699  performance on the end-of-course assessment in Algebra I shall
  700  constitute 20 30 percent of the student’s final course grade.
  701  Beginning with students entering grade 9 in the 2011-2012 school
  702  year, a student who is enrolled in Algebra I or an equivalent
  703  must earn a passing score on the end-of-course assessment in
  704  Algebra I or attain an equivalent score as described in
  705  subsection (11) in order to earn course credit. Beginning with
  706  the 2011-2012 school year, all students enrolled in geometry or
  707  an equivalent course must take the geometry end-of-course
  708  assessment. For students entering grade 9 during the 2011-2012
  709  school year, Each student’s performance on the end-of-course
  710  assessment in geometry shall constitute 20 30 percent of the
  711  student’s final course grade. Beginning with students entering
  712  grade 9 during the 2012-2013 school year, a student must earn a
  713  passing score on the end-of-course assessment in geometry or
  714  attain an equivalent score as described in subsection (11) in
  715  order to earn course credit.
  716         (II) Statewide, standardized end-of-course assessments in
  717  science shall be administered according to this sub-sub
  718  subparagraph. Beginning with the 2011-2012 school year, all
  719  students enrolled in Biology I or an equivalent course must take
  720  the Biology I end-of-course assessment. For the 2011-2012 school
  721  year, Each student’s performance on the end-of-course assessment
  722  in Biology I shall constitute 20 30 percent of the student’s
  723  final course grade. Beginning with students entering grade 9
  724  during the 2012-2013 school year, a student must earn a passing
  725  score on the end-of-course assessment in Biology I in order to
  726  earn course credit.
  727         b. During the 2012-2013 school year, an end-of-course
  728  assessment in civics education shall be administered as a field
  729  test at the middle school level. During the 2013-2014 school
  730  year, each student’s performance on the statewide, standardized
  731  end-of-course assessment in civics education shall constitute 20
  732  30 percent of the student’s final course grade. Beginning with
  733  the 2014-2015 school year, a student must earn a passing score
  734  on the end-of-course assessment in civics education in order to
  735  pass the course and receive course credit.
  736         c. The commissioner may select one or more nationally
  737  developed comprehensive examinations, which may include, but
  738  need not be limited to, examinations for a College Board
  739  Advanced Placement course, International Baccalaureate course,
  740  or Advanced International Certificate of Education course, or
  741  industry-approved examinations to earn national industry
  742  certifications identified in the Industry Certification Funding
  743  List, pursuant to rules adopted by the State Board of Education,
  744  for use as end-of-course assessments under this paragraph, if
  745  the commissioner determines that the content knowledge and
  746  skills assessed by the examinations meet or exceed the grade
  747  level expectations for the core curricular content established
  748  for the course in the Next Generation Sunshine State Standards.
  749  The commissioner may collaborate with the American Diploma
  750  Project in the adoption or development of rigorous end-of-course
  751  assessments that are aligned to the Next Generation Sunshine
  752  State Standards.
  753         d. Contingent upon funding provided in the General
  754  Appropriations Act, including the appropriation of funds
  755  received through federal grants, the Commissioner of Education
  756  shall establish an implementation schedule for the development
  757  and administration of additional statewide, standardized end-of
  758  course assessments in English/Language Arts II, Algebra II,
  759  chemistry, physics, earth/space science, United States history,
  760  and world history. Priority shall be given to the development of
  761  end-of-course assessments in English/Language Arts II. The
  762  Commissioner of Education shall evaluate the feasibility and
  763  effect of transitioning from the grade 9 and grade 10 FCAT
  764  Reading and high school level FCAT Writing to an end-of-course
  765  assessment in English/Language Arts II. The commissioner shall
  766  report the results of the evaluation to the President of the
  767  Senate and the Speaker of the House of Representatives no later
  768  than July 1, 2011.
  769         3. The testing program shall measure student content
  770  knowledge and skills adopted by the State Board of Education as
  771  specified in paragraph (a) and measure and report student
  772  performance levels of all students assessed in reading, writing,
  773  mathematics, and science. The commissioner shall provide for the
  774  tests to be developed or obtained, as appropriate, through
  775  contracts and project agreements with private vendors, public
  776  vendors, public agencies, postsecondary educational
  777  institutions, or school districts. The commissioner shall obtain
  778  input with respect to the design and implementation of the
  779  testing program from education stakeholders and experts, state
  780  educators, assistive technology experts, and the public.
  781         4.a. The testing program shall be composed of criterion
  782  referenced tests that shall, to the extent determined by the
  783  commissioner, include test items that require the student to
  784  produce information or perform tasks in such a way that the core
  785  content knowledge and skills he or she uses can be measured.
  786         b. The State Board of Education shall develop diagnostic
  787  assessments for students in grades 6, 8, and 10 in language
  788  arts, mathematics, and science content knowledge and skills to
  789  be used to keep students on track to graduate from high school.
  790  The diagnostic assessments shall be administered during the
  791  first month of the school year and shall be designed to identify
  792  specific academic weaknesses in individual students and to
  793  provide specific diagnostic information to help focus
  794  instruction most effectively to meet the needs of individual
  795  students. A school district that demonstrates success by keeping
  796  85 percent or more of its students on track to graduate is
  797  eligible for an exemption from the diagnostic assessment
  798  requirements if the State Board of Education determines that the
  799  district has sufficient local assessments to maintain success. A
  800  district that meets the exemption criteria of this sub
  801  subparagraph shall receive an amount of discretionary funds from
  802  the state equal to the amount that would be required to carry
  803  out the diagnostic assessments.
  804         c. To ensure that students are progressing and meeting
  805  international benchmarks, the testing program may include use of
  806  international assessments, including the Program for
  807  International Student Assessment and the Trends in International
  808  Mathematics and Science Study, as diagnostic tools.
  809         5. FCAT Reading, Mathematics, and Science and All
  810  statewide, standardized end-of-course assessments shall measure
  811  the content knowledge and skills a student has attained on the
  812  assessment by the use of scaled scores and achievement levels.
  813  Achievement levels shall range from 1 through 5, with level 1
  814  being the lowest achievement level, level 5 being the highest
  815  achievement level, and level 3 indicating satisfactory
  816  performance on an assessment. For purposes of FCAT Writing,
  817  student achievement shall be scored using a scale of 1 through 6
  818  and the score earned shall be used in calculating school grades.
  819  A score shall be designated for each subject area tested, below
  820  which score a student’s performance is deemed inadequate. The
  821  school districts shall provide appropriate remedial instruction
  822  and intervention services to students who score below these
  823  levels.
  824         6. The State Board of Education shall, by rule, designate a
  825  passing score for each part of the grade 10 assessment test and
  826  end-of-course assessments. Any rule that has the effect of
  827  raising the required passing scores may apply only to students
  828  taking the assessment for the first time after the rule is
  829  adopted by the State Board of Education. Except as otherwise
  830  provided in this subparagraph and as provided in s.
  831  1003.428(8)(b) or s. 1003.43(11)(b), students must achieve
  832  successful overall academic performance based partially on end
  833  of-course assessments earn a passing score on grade 10 FCAT
  834  Reading and grade 10 FCAT Mathematics or attain equivalent
  835  concordant scores as described in subsection (10) in order to
  836  qualify for a standard high school diploma.
  837         7. In addition to designating a passing score under
  838  subparagraph 6., the State Board of Education shall also
  839  designate, by rule, a score for each statewide, standardized
  840  end-of-course assessment which indicates that a student is high
  841  achieving and has the potential to meet college-readiness
  842  standards by the time the student graduates from high school.
  843         8. Participation in the testing program is mandatory for
  844  all students attending public school, including students served
  845  in Department of Juvenile Justice programs, except as otherwise
  846  prescribed by the commissioner. A student who has not earned
  847  passing scores on the grade 10 FCAT as provided in subparagraph
  848  6. must participate in each retake of the assessment until the
  849  student earns passing scores or achieves scores on a
  850  standardized assessment which are concordant with passing scores
  851  pursuant to subsection (10). If a student does not participate
  852  in the statewide assessment, the district must notify the
  853  student’s parent and provide the parent with information
  854  regarding the implications of such nonparticipation. A parent
  855  must provide signed consent for a student to receive classroom
  856  instructional accommodations that would not be available or
  857  permitted on the statewide assessments and must acknowledge in
  858  writing that he or she understands the implications of such
  859  instructional accommodations. The State Board of Education shall
  860  adopt rules, based upon recommendations of the commissioner, for
  861  the provision of test accommodations for students in exceptional
  862  education programs and for students who have limited English
  863  proficiency. Accommodations that negate the validity of a
  864  statewide assessment are not allowable in the administration of
  865  a subject area assessment the FCAT or an end-of-course
  866  assessment. However, instructional accommodations are allowable
  867  in the classroom if included in a student’s individual education
  868  plan. Students using instructional accommodations in the
  869  classroom that are not allowable as accommodations on the FCAT
  870  or an end-of-course assessment may have the FCAT or an end-of
  871  course assessment requirement waived pursuant to the
  872  requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
  873         9. A student seeking an adult high school diploma must meet
  874  the same testing requirements that a regular high school student
  875  must meet.
  876         10. District school boards must provide instruction to
  877  prepare students in the core curricular content established in
  878  the Next Generation Sunshine State Standards adopted under s.
  879  1003.41, including the core content knowledge and skills
  880  necessary for successful grade-to-grade progression and high
  881  school graduation. If a student is provided with instructional
  882  accommodations in the classroom that are not allowable as
  883  accommodations in the statewide assessment program, as described
  884  in the test manuals, the district must inform the parent in
  885  writing and must provide the parent with information regarding
  886  the impact on the student’s ability to meet expected performance
  887  levels in reading, writing, mathematics, and science. The
  888  commissioner shall conduct studies as necessary to verify that
  889  the required core curricular content is part of the district
  890  instructional programs.
  891         11. District school boards must provide opportunities for
  892  students to demonstrate an acceptable performance level on an
  893  alternative standardized subject area assessment or an end-of
  894  course assessment approved by the State Board of Education
  895  following enrollment in summer academies.
  896         12. The Department of Education must develop, or select,
  897  and implement a common battery of assessment tools that will be
  898  used in all juvenile justice programs in the state. These tools
  899  must accurately measure the core curricular content established
  900  in the Next Generation Sunshine State Standards.
  901         13. For students seeking a special diploma pursuant to s.
  902  1003.438, the Department of Education must develop or select and
  903  implement an alternate assessment tool that accurately measures
  904  the core curricular content established in the Next Generation
  905  Sunshine State Standards for students with disabilities under s.
  906  1003.438.
  907         14. The Commissioner of Education shall establish schedules
  908  for the administration of statewide assessments and the
  909  reporting of student test results. When establishing the
  910  schedules for the administration of statewide assessments, the
  911  commissioner shall consider the observance of religious and
  912  school holidays. The commissioner shall, by August 1 of each
  913  year, notify each school district in writing and publish on the
  914  department’s Internet website the testing and reporting
  915  schedules for, at a minimum, the school year following the
  916  upcoming school year. The testing and reporting schedules shall
  917  require that:
  918         a. There is the latest possible administration of statewide
  919  assessments and the earliest possible reporting to the school
  920  districts of student test results which is feasible within
  921  available technology and specific appropriations; however, test
  922  results for the FCAT must be made available no later than the
  923  week of June 8. Student results for end-of-course assessments
  924  must be provided no later than 1 week after the school district
  925  completes testing for each course.
  926         b. Beginning with the 2010-2011 school year, a statewide
  927  comprehensive assessment in FCAT writing is not administered
  928  earlier than the week of March 1 and a comprehensive statewide
  929  assessment of any other subject is not administered earlier than
  930  the week of April 15.
  931         c. A statewide, standardized end-of-course assessment is
  932  administered during a 3-week period at the end of the course.
  933  The commissioner shall select a 3-week administration period for
  934  assessments that meets the intent of end-of-course assessments
  935  and provides student results prior to the end of the course.
  936  School districts shall select 1 testing week within the 3-week
  937  administration period for each end-of-course assessment. For an
  938  end-of-course assessment administered at the end of the first
  939  semester, the commissioner shall determine the most appropriate
  940  testing dates based on a school district’s academic calendar.
  941  
  942  The commissioner may, based on collaboration and input from
  943  school districts, design and implement student testing programs,
  944  for any grade level and subject area, necessary to effectively
  945  monitor educational achievement in the state, including the
  946  measurement of educational achievement of the Next Generation
  947  Sunshine State Standards for students with disabilities.
  948  Development and refinement of assessments shall include
  949  universal design principles and accessibility standards that
  950  will prevent any unintended obstacles for students with
  951  disabilities while ensuring the validity and reliability of the
  952  test. These principles should be applicable to all technology
  953  platforms and assistive devices available for the assessments.
  954  The field testing process and psychometric analyses for the
  955  statewide assessment program must include an appropriate
  956  percentage of students with disabilities and an evaluation or
  957  determination of the effect of test items on such students.
  958         (g) Conduct ongoing analysis of the Study the cost and
  959  student achievement impact of secondary end-of-course
  960  assessments, including web-based and performance formats, and
  961  report such information to the Legislature prior to
  962  implementation.
  963         (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
  964  ACTIVITIES.—Beginning with the 2008-2009 school year, a district
  965  school board shall prohibit each public school from suspending a
  966  regular program of curricula for purposes of administering
  967  practice tests or engaging in other test-preparation activities
  968  for a statewide assessment. However, a district school board may
  969  authorize a public school to engage in the following test
  970  preparation activities for a statewide assessment:
  971         (b) Providing individualized instruction in test-taking
  972  strategies, without suspending the school’s regular program of
  973  curricula, for a student who is identified through performance
  974  on a subject area assessment or an end-of-course assessment as
  975  having a deficiency in test-taking skills scores at Level 1 or
  976  Level 2 on a prior administration of the statewide assessment.
  977         (c) Providing individualized instruction in the content
  978  knowledge and skills assessed, without suspending the school’s
  979  regular program of curricula, for a student who scores at Level
  980  1 or Level 2 on a prior administration of the statewide
  981  assessment or a student who, through a diagnostic assessment
  982  administered by the school district, is identified as having a
  983  deficiency in the content knowledge and skills assessed.
  984         (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
  985  minimum, for the following analyses of data produced by the
  986  student achievement testing program:
  987         (a) The statistical system for the annual assessments shall
  988  use measures of student learning, such as subject area
  989  assessments and end-of-course assessments the FCAT, to determine
  990  teacher, school, and school district statistical distributions,
  991  which shall be determined using available data from the
  992  assessments FCAT, and other data collection as deemed
  993  appropriate by the Department of Education, to measure the
  994  differences in student prior year achievement compared to the
  995  current year achievement for the purposes of accountability and
  996  recognition.
  997         (9) APPLICABILITY OF TESTING STANDARDS.—
  998         (b) A student must attain the passing scores on the
  999  statewide assessment required for a standard high school diploma
 1000  or for high school course credits under sub-sub-subparagraphs
 1001  (3)(c)2.a.(I) and (II) which are in effect at the time the
 1002  student enters grade 9. If a student transfers into a high
 1003  school, the school principal shall determine, in accordance with
 1004  State Board of Education rule, whether the student must take an
 1005  end-of-course assessment in a course for which the student has
 1006  credit that was earned from the previous school.
 1007         (c) If the commissioner revises a statewide assessment and
 1008  the revisions require the State Board of Education to modify the
 1009  passing scores required for a standard high school diploma or
 1010  for high school course credits under sub-sub-subparagraphs
 1011  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
 1012  the state board, discontinue administration of the former
 1013  assessment upon the graduation, based on normal student
 1014  progression, of students participating in the final regular
 1015  administration of the former assessment. The state board shall
 1016  adopt by rule passing scores for the revised assessment which
 1017  are statistically equivalent to passing scores on the
 1018  discontinued assessment for a student required under paragraph
 1019  (b) to attain passing scores on the discontinued assessment.
 1020         (10) CONCORDANT SCORES FOR THE FCAT.—
 1021         (a) The Commissioner of Education shall analyze the content
 1022  and concordant data sets for nationally recognized high school
 1023  achievement tests, including, but not limited to, the PSAT,
 1024  PLAN, SAT, ACT, and College Placement Test, to assess if
 1025  concordant scores for FCAT scores can be determined for high
 1026  school graduation. When content alignment and concordant scores
 1027  can be determined, the Commissioner of Education shall adopt
 1028  those scores as meeting the graduation requirement in lieu of
 1029  achieving the FCAT passing score and may adopt those scores as
 1030  being sufficient to achieve additional purposes as determined by
 1031  rule. Each time that test content or scoring procedures change
 1032  for the FCAT or for a high school achievement test for which a
 1033  concordant score is determined, new concordant scores must be
 1034  determined.
 1035         (b) The State Board of Education may define by rule the
 1036  allowable uses, other than to satisfy the high school graduation
 1037  requirement, for concordant scores as described in this
 1038  subsection. Such uses may include, but need not be limited to,
 1039  achieving appropriate standardized test scores required for the
 1040  awarding of Florida Bright Futures Scholarships and college
 1041  placement.
 1042         (10)(11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1043         (a) The Commissioner of Education shall analyze the content
 1044  and equivalent data sets for nationally recognized high school
 1045  achievement tests and industry certification tests under the
 1046  Industry Certification Funding List, pursuant to rules adopted
 1047  by the State Board of Education, including, but not limited to,
 1048  grade 10 FCAT Mathematics retakes until such retakes are
 1049  discontinued pursuant to subsection (9), the PSAT, the PLAN, the
 1050  SAT, the ACT, and the College Placement Test, to assess if
 1051  equivalent scores for end-of-course assessment scores can be
 1052  determined for passage of an end-of-course assessment. When
 1053  content alignment and equivalent scores can be determined, the
 1054  Commissioner of Education shall adopt those scores as meeting
 1055  the requirement to pass the end-of-course assessment and as
 1056  being sufficient to achieve additional purposes as determined by
 1057  rule. Each time that assessment content or scoring procedures
 1058  change for an end-of-course assessment or for a high school
 1059  achievement test or an industry certification test under the
 1060  Industry Certification Funding List, pursuant to rules adopted
 1061  by the State Board of Education for which an equivalent score is
 1062  determined, new equivalent scores must be determined.
 1063         (b) Use of an equivalent score adopted by the State Board
 1064  of Education under paragraph (a) for purposes of grade
 1065  adjustment, grade forgiveness, or course credit recovery is
 1066  contingent upon and subject to district school board rules.
 1067         (11)(12) REPORTS.—The Department of Education shall
 1068  annually provide a report to the Governor, the President of the
 1069  Senate, and the Speaker of the House of Representatives on the
 1070  following:
 1071         (a) Longitudinal performance of students in mathematics and
 1072  reading.
 1073         (b) Longitudinal performance of students by grade level in
 1074  mathematics and reading.
 1075         (c) Longitudinal performance regarding efforts to close the
 1076  achievement gap.
 1077         (d) Other student performance data based on national norm
 1078  referenced and criterion-referenced tests, when available, and
 1079  numbers of students who after 8th grade enroll in adult
 1080  education rather than other secondary education.
 1081         (12)(13) RULES.—The State Board of Education shall adopt
 1082  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1083  provisions of this section.
 1084         Section 10. Subsection (1), paragraph (b) of subsection
 1085  (2), subsections (3) and (4), paragraphs (b) and (c) of
 1086  subsection (5), paragraphs (b) and (c) of subsection (6),
 1087  paragraph (b) of subsection (7), and paragraphs (a) and (b) of
 1088  subsection (8) of section 1008.25, Florida Statutes, are amended
 1089  to read:
 1090         1008.25 Public school student progression; remedial
 1091  instruction; reporting requirements.—
 1092         (1) INTENT.—It is the intent of the Legislature that each
 1093  student’s progression from one grade to another be determined,
 1094  in part, upon proficiency in language arts reading, writing,
 1095  science, and mathematics; that district school board policies
 1096  facilitate such proficiency; and that each student and his or
 1097  her parent be informed of that student’s academic progress.
 1098         (2) COMPREHENSIVE PROGRAM.—Each district school board shall
 1099  establish a comprehensive program for student progression which
 1100  must include:
 1101         (b) Specific levels of performance in language arts
 1102  reading, writing, science, and mathematics for each grade level,
 1103  including the levels of performance on statewide assessments as
 1104  defined by the commissioner, below which a student must receive
 1105  remediation or intervention services, or be retained within an
 1106  intensive program that is different from the previous year’s
 1107  program and that takes into account the student’s learning
 1108  style.
 1109         (3) ALLOCATION OF RESOURCES.—District school boards shall
 1110  allocate remedial and supplemental instruction and intervention
 1111  resources to students in the following priority:
 1112         (a) Students who are deficient in reading by the end of
 1113  grade 3.
 1114         (b) Students who fail to meet performance levels required
 1115  for promotion consistent with the district school board’s plan
 1116  for student progression required in paragraph (2)(b).
 1117         (4) ASSESSMENT AND REMEDIATION.—
 1118         (a) Each student must participate in the statewide
 1119  assessment program tests required by s. 1008.22. Each student
 1120  who does not meet specific levels of performance as determined
 1121  by the district school board in language arts FCAT reading,
 1122  writing, science, and mathematics for each grade level, or who
 1123  scores below Level 3 in FCAT reading or FCAT mathematics, must
 1124  be provided with additional diagnostic assessments to determine
 1125  the nature of the student’s difficulty, the areas of academic
 1126  need, and strategies for appropriate intervention and
 1127  instruction as described in paragraph (b).
 1128         (b) The school in which the student is enrolled must
 1129  develop, in consultation with the student’s parent, and must
 1130  implement a progress monitoring plan. A progress monitoring plan
 1131  is intended to provide the school district and the school
 1132  flexibility in meeting the academic needs of the student and to
 1133  reduce paperwork. A student who is not meeting the school
 1134  district or state requirements for proficiency in reading and
 1135  math shall be covered by one of the following plans to target
 1136  instruction and identify ways to improve his or her academic
 1137  achievement:
 1138         1. A federally required student plan such as an individual
 1139  education plan;
 1140         2. A schoolwide system of progress monitoring for all
 1141  students; or
 1142         3. An individualized progress monitoring plan.
 1143  
 1144  The plan chosen must be designed to assist the student or the
 1145  school in meeting state and district expectations for
 1146  proficiency. If the student has been identified as having a
 1147  deficiency in reading, the K-12 comprehensive reading plan
 1148  required by s. 1011.62(9) shall include instructional and
 1149  support services to be provided to meet the desired levels of
 1150  performance. District school boards may require low-performing
 1151  students to attend remediation or intervention programs held
 1152  before or after regular school hours or during the summer if
 1153  transportation is provided.
 1154         (c) Upon subsequent evaluation, if the documented
 1155  deficiency has not been remediated, the student may be retained.
 1156  Each student who does not meet the minimum performance
 1157  expectations defined by the Commissioner of Education for the
 1158  statewide assessment tests in language arts reading, writing,
 1159  science, and mathematics must continue to be provided with
 1160  remedial or supplemental instruction or intervention services
 1161  until the expectations are met or the student graduates from
 1162  high school or is not subject to compulsory school attendance.
 1163         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 1164         (b) Beginning with the 2002-2003 school year, If the
 1165  student’s reading deficiency, as identified in paragraph (a), is
 1166  not remedied by the end of grade 3, as demonstrated by scoring
 1167  at Level 2 or higher on the statewide subject area assessment
 1168  test in reading for grade 3, the student may must be retained at
 1169  the discretion of the principal after consultation with the
 1170  student’s teacher and parent.
 1171         (c) The parent of any student who exhibits a substantial
 1172  deficiency in reading, as described in paragraph (a), must be
 1173  notified in writing of the following:
 1174         1. That his or her child has been identified as having a
 1175  substantial deficiency in reading.
 1176         2. A description of the current services that are provided
 1177  to the child.
 1178         3. A description of the proposed supplemental instructional
 1179  services and supports that will be provided to the child that
 1180  are designed to remediate the identified area of reading
 1181  deficiency.
 1182         4. That if the child’s reading deficiency is not remediated
 1183  by the end of grade 3, the child may must be retained unless he
 1184  or she is exempt from mandatory retention for good cause.
 1185         5. Strategies for parents to use in helping their child
 1186  succeed in reading proficiency.
 1187         6. That the statewide subject area assessment Florida
 1188  Comprehensive Assessment Test (FCAT) is not the sole determiner
 1189  of promotion and that additional evaluations, portfolio reviews,
 1190  and assessments are available to the child to assist parents and
 1191  the school district in knowing when a child is reading at or
 1192  above grade level and ready for grade promotion.
 1193         7. The district’s specific criteria and policies for
 1194  midyear promotion. Midyear promotion means promotion of a
 1195  retained student at any time during the year of retention once
 1196  the student has demonstrated ability to read at grade level.
 1197         (6) ELIMINATION OF SOCIAL PROMOTION.—
 1198         (b) The district school board may promote students only
 1199  exempt students from mandatory retention, as provided in
 1200  paragraph (5)(b), for good cause. Students promoted for good
 1201  cause may include, but are not limited to, exemptions shall be
 1202  limited to the following:
 1203         1. Limited English proficient students who have had less
 1204  than 2 years of instruction in an English for Speakers of Other
 1205  Languages program.
 1206         2. Students with disabilities whose individual education
 1207  plan indicates that participation in the statewide assessment
 1208  program is not appropriate, consistent with the requirements of
 1209  State Board of Education rule.
 1210         3. Students who demonstrate an acceptable level of
 1211  performance on an alternative standardized reading assessment
 1212  approved by the State Board of Education.
 1213         4. Students who demonstrate, through a student portfolio,
 1214  that the student is reading on grade level as evidenced by
 1215  demonstration of mastery of the Next Generation Sunshine State
 1216  Standards in reading equal to at least a Level 2 performance on
 1217  the FCAT.
 1218         5. Students with disabilities who participate in the FCAT
 1219  and who have an individual education plan or a Section 504 plan
 1220  that reflects that the student has received intensive
 1221  remediation or intervention services in reading for more than 2
 1222  years but still demonstrates a deficiency in reading and was
 1223  previously retained in kindergarten, grade 1, grade 2, or grade
 1224  3.
 1225         6. Students who have received intensive remediation or
 1226  intervention services in reading for 2 or more years but still
 1227  demonstrate a deficiency in reading and who were previously
 1228  retained in kindergarten, grade 1, grade 2, or grade 3 for a
 1229  total of 2 years. Intensive reading instruction or intervention
 1230  services for students so promoted must include an altered
 1231  instructional day that includes specialized diagnostic
 1232  information and specific reading strategies for each student.
 1233  The district school board shall assist schools and teachers to
 1234  implement reading strategies that research has shown to be
 1235  successful in improving reading among low-performing readers.
 1236         (c) Promotions for good cause Requests for good cause
 1237  exemptions for students from the mandatory retention requirement
 1238  as described in subparagraphs (b)3. and 4. shall be made
 1239  consistent with the following:
 1240         1. Documentation shall be submitted from the student’s
 1241  teacher to the school principal that indicates that the
 1242  promotion of the student is appropriate and is based upon the
 1243  student’s academic record. In order to minimize paperwork
 1244  requirements, such documentation shall consist only of the
 1245  existing progress monitoring plan, individual educational plan,
 1246  if applicable, report card, or student portfolio.
 1247         2. The school principal shall review and discuss such
 1248  recommendation with the teacher and make the determination as to
 1249  whether the student should be promoted or retained. If the
 1250  school principal determines that the student should be promoted,
 1251  the school principal shall make such recommendation in writing
 1252  to the district school superintendent. The district school
 1253  superintendent shall accept or reject the school principal’s
 1254  recommendation in writing.
 1255         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
 1256         (b) Beginning with the 2004-2005 school year, Each school
 1257  district shall:
 1258         1. Conduct a review of student progress monitoring plans
 1259  for all students who did not score above Level 1 on the reading
 1260  portion of the FCAT and did not meet the criteria for a one of
 1261  the good cause promotion exemptions in paragraph (6)(b). The
 1262  review shall address additional supports and services, as
 1263  described in this subsection, needed to remediate the identified
 1264  areas of reading deficiency. The school district shall require a
 1265  student portfolio to be completed for each such student.
 1266         2. Provide students who are retained under the provisions
 1267  of paragraph (5)(b) with intensive instructional services and
 1268  supports to remediate the identified areas of reading
 1269  deficiency, including a minimum of 90 minutes of daily,
 1270  uninterrupted, scientifically research-based reading instruction
 1271  and other strategies prescribed by the school district, which
 1272  may include, but are not limited to:
 1273         a. Small group instruction.
 1274         b. Reduced teacher-student ratios.
 1275         c. More frequent progress monitoring.
 1276         d. Tutoring or mentoring.
 1277         e. Transition classes containing 3rd and 4th grade
 1278  students.
 1279         f. Extended school day, week, or year.
 1280         g. Summer reading camps.
 1281         3. Provide written notification to the parent of any
 1282  student who is retained under the provisions of paragraph (5)(b)
 1283  that his or her child has not met the proficiency level required
 1284  for promotion and the reasons the child is not eligible for a
 1285  good cause promotion exemption as provided in paragraph (6)(b).
 1286  The notification must comply with the provisions of s.
 1287  1002.20(15) and must include a description of proposed
 1288  interventions and supports that will be provided to the child to
 1289  remediate the identified areas of reading deficiency.
 1290         4. Implement a policy for the midyear promotion of any
 1291  student retained under the provisions of paragraph (5)(b) who
 1292  can demonstrate that he or she is a successful and independent
 1293  reader, reading at or above grade level, and ready to be
 1294  promoted to grade 4. Tools that school districts may use in
 1295  reevaluating any student retained may include subsequent
 1296  assessments, alternative assessments, and portfolio reviews, in
 1297  accordance with rules of the State Board of Education. Students
 1298  promoted during the school year after November 1 must
 1299  demonstrate proficiency above that required to score at Level 2
 1300  on the grade 3 FCAT, as determined by the State Board of
 1301  Education. The State Board of Education shall adopt standards
 1302  that provide a reasonable expectation that the student’s
 1303  progress is sufficient to master appropriate 4th grade level
 1304  reading skills.
 1305         5. Provide students who are retained under the provisions
 1306  of paragraph (5)(b) with a high-performing teacher as determined
 1307  by student performance data and above-satisfactory performance
 1308  appraisals.
 1309         6. In addition to required reading enhancement and
 1310  acceleration strategies, provide parents of students to be
 1311  retained with at least one of the following instructional
 1312  options:
 1313         a. Supplemental tutoring in scientifically research-based
 1314  reading services in addition to the regular reading block,
 1315  including tutoring before and/or after school.
 1316         b. A “Read at Home” plan outlined in a parental contract,
 1317  including participation in “Families Building Better Readers
 1318  Workshops” and regular parent-guided home reading.
 1319         c. A mentor or tutor with specialized reading training.
 1320         7. Establish a Reading Enhancement and Acceleration
 1321  Development (READ) Initiative. The focus of the READ Initiative
 1322  shall be to prevent the retention of grade 3 students and to
 1323  offer intensive accelerated reading instruction to grade 3
 1324  students who failed to meet standards for promotion to grade 4
 1325  and to each K-3 student who is assessed as exhibiting a reading
 1326  deficiency. The READ Initiative shall:
 1327         a. Be provided to all K-3 students at risk of retention as
 1328  identified by the statewide assessment system used in Reading
 1329  First schools. The assessment must measure phonemic awareness,
 1330  phonics, fluency, vocabulary, and comprehension.
 1331         b. Be provided during regular school hours in addition to
 1332  the regular reading instruction.
 1333         c. Provide a state-identified reading curriculum that has
 1334  been reviewed by the Florida Center for Reading Research at
 1335  Florida State University and meets, at a minimum, the following
 1336  specifications:
 1337         (I) Assists students assessed as exhibiting a reading
 1338  deficiency in developing the ability to read at grade level.
 1339         (II) Provides skill development in phonemic awareness,
 1340  phonics, fluency, vocabulary, and comprehension.
 1341         (III) Provides scientifically based and reliable
 1342  assessment.
 1343         (IV) Provides initial and ongoing analysis of each
 1344  student’s reading progress.
 1345         (V) Is implemented during regular school hours.
 1346         (VI) Provides a curriculum in core academic subjects to
 1347  assist the student in maintaining or meeting proficiency levels
 1348  for the appropriate grade in all academic subjects.
 1349         8. Establish at each school, where applicable, an Intensive
 1350  Acceleration Class for retained grade 3 students who
 1351  subsequently score at Level 1 on the reading portion of the
 1352  FCAT. The focus of the Intensive Acceleration Class shall be to
 1353  increase a child’s reading level at least two grade levels in 1
 1354  school year. The Intensive Acceleration Class shall:
 1355         a. Be provided to any student in grade 3 who does not meet
 1356  the proficiency level in reading required for promotion scores
 1357  at Level 1 on the reading portion of the FCAT and who was
 1358  retained in grade 3 the prior year because of inadequate
 1359  proficiency in reading scoring at Level 1 on the reading portion
 1360  of the FCAT.
 1361         b. Have a reduced teacher-student ratio.
 1362         c. Provide uninterrupted reading instruction for the
 1363  majority of student contact time each day and incorporate
 1364  opportunities to master the grade 4 Next Generation Sunshine
 1365  State Standards in other core subject areas.
 1366         d. Use a reading program that is scientifically research
 1367  based and has proven results in accelerating student reading
 1368  achievement within the same school year.
 1369         e. Provide intensive language and vocabulary instruction
 1370  using a scientifically research-based program, including use of
 1371  a speech-language therapist.
 1372         f. Include weekly progress monitoring measures to ensure
 1373  progress is being made.
 1374         g. Report to the Department of Education, in the manner
 1375  described by the department, the progress of students in the
 1376  class at the end of the first semester.
 1377         9. Report to the State Board of Education, as requested, on
 1378  the specific intensive reading interventions and supports
 1379  implemented at the school district level. The Commissioner of
 1380  Education shall annually prescribe the required components of
 1381  requested reports.
 1382         10. Provide a student who has been retained in grade 3 and
 1383  has received intensive instructional services but is still not
 1384  ready for grade promotion, as determined by the school district,
 1385  the option of being placed in a transitional instructional
 1386  setting. Such setting shall specifically be designed to produce
 1387  learning gains sufficient to meet grade 4 performance standards
 1388  while continuing to remediate the areas of reading deficiency.
 1389         (8) ANNUAL REPORT.—
 1390         (a) In addition to the requirements in paragraph (5)(b),
 1391  each district school board must annually report to the parent of
 1392  each student the progress of the student toward achieving state
 1393  and district expectations for proficiency in language arts
 1394  reading, writing, science, and mathematics. The district school
 1395  board must report to the parent the student’s results on each
 1396  statewide assessment test. The evaluation of each student’s
 1397  progress must be based upon the student’s classroom work,
 1398  observations, tests, district and state assessments, and other
 1399  relevant information. Progress reporting must be provided to the
 1400  parent in writing in a format adopted by the district school
 1401  board.
 1402         (b) Each district school board must annually publish in the
 1403  local newspaper, and report in writing to the State Board of
 1404  Education by September 1 of each year, the following information
 1405  on the prior school year:
 1406         1. The provisions of this section relating to public school
 1407  student progression and the district school board’s policies and
 1408  procedures on student retention and promotion.
 1409         2. By grade, the number and percentage of all students in
 1410  grades 3 through 12 10 performing below proficiency levels for
 1411  the grade on statewide subject area assessments and end-of
 1412  course assessments in language arts, mathematics, and science at
 1413  Levels 1 and 2 on the reading portion of the FCAT.
 1414         3. By grade, the number and percentage of all students
 1415  retained in grades 3 through 12 10.
 1416         4. Information on the total number of students who were
 1417  promoted for good cause, by each category of good cause as
 1418  specified in paragraph (6)(b).
 1419         5. Any revisions to the district school board’s policy on
 1420  student retention and promotion from the prior year.
 1421         Section 11. Subsection (3) of section 1008.30, Florida
 1422  Statutes, is amended to read:
 1423         1008.30 Common placement testing for public postsecondary
 1424  education.—
 1425         (3) The State Board of Education shall adopt rules that
 1426  require high schools to evaluate before the beginning of grade
 1427  12 the college readiness of each student who indicates an
 1428  interest in postsecondary education and scores at Level 2 or
 1429  Level 3 on the reading portion of the grade 10 FCAT or Level 2,
 1430  Level 3, or Level 4 on the mathematics assessments under s.
 1431  1008.22(3)(c). High schools shall perform this evaluation using
 1432  results from the corresponding component of the common placement
 1433  test prescribed in this section, or an equivalent test
 1434  identified by the State Board of Education. The Department of
 1435  Education shall purchase or develop the assessments necessary to
 1436  perform the evaluations required by this subsection and shall
 1437  work with the school districts to administer the assessments.
 1438  The State Board of Education shall establish by rule the minimum
 1439  test scores a student must achieve to demonstrate readiness.
 1440  Students who demonstrate readiness by achieving the minimum test
 1441  scores established by the state board and enroll in a community
 1442  college within 2 years of achieving such scores shall not be
 1443  required to enroll in remediation courses as a condition of
 1444  acceptance to any community college. The high school shall use
 1445  the results of the test to advise the students of any identified
 1446  deficiencies and to the maximum extent practicable provide 12th
 1447  grade students access to appropriate remedial instruction prior
 1448  to high school graduation. The remedial instruction provided
 1449  under this subsection shall be a collaborative effort between
 1450  secondary and postsecondary educational institutions. To the
 1451  extent courses are available, the Florida Virtual School may be
 1452  used to provide the remedial instruction required by this
 1453  subsection.
 1454         Section 12. Paragraphs (b) and (c) of subsection (3) and
 1455  subsection (4) of section 1008.34, Florida Statutes, are amended
 1456  to read:
 1457         1008.34 School grading system; school report cards;
 1458  district grade.—
 1459         (3) DESIGNATION OF SCHOOL GRADES.—
 1460         (b)1. Beginning with the 2015-2016 school year for schools
 1461  comprised of any combination of grades 3 through 8, 25 percent
 1462  of the school grade shall be based on subject area assessment
 1463  scores or end-of-course assessment scores in core and noncore
 1464  subjects administered under s. 1008.22, as applicable, and the
 1465  remaining 75 percent on the following factors:
 1466         a. Student achievement scores, including achievement scores
 1467  for students seeking a special diploma;
 1468         b. Student learning gains as measured by annual subject
 1469  area assessments in grades 3 through 5 or end-of-course
 1470  assessments in grades 6 through 8 and learning gains for
 1471  students seeking a special diploma as measured by alternate
 1472  assessment tools, if necessary;
 1473         c. Improvement of the lowest 25th percentile of students in
 1474  the school on subject area assessments in grades 3 through 5 or
 1475  end-of-course assessments in grades 6 through 8, unless these
 1476  students are exhibiting satisfactory performance;
 1477         d. The overall academic performance of the students in the
 1478  school based on grade point average, student portfolios,
 1479  readiness for grade promotion, and, if determined by the State
 1480  Board of Education, other measurable indicators of student
 1481  progress;
 1482         e. The growth or decline in the components listed in sub
 1483  subparagraphs a.-d. from year to year; and
 1484         f. The school’s use of technology and innovative practices.
 1485  A school’s grade shall be based on a combination of:
 1486         a. Student achievement scores, including achievement on all
 1487  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 1488  course assessments administered under s. 1008.22(3)(c)2.a., and
 1489  achievement scores for students seeking a special diploma.
 1490         b. Student learning gains in reading and mathematics as
 1491  measured by FCAT and end-of-course assessments, as described in
 1492  s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
 1493  a special diploma, as measured by an alternate assessment tool,
 1494  shall be included not later than the 2009-2010 school year.
 1495         c. Improvement of the lowest 25th percentile of students in
 1496  the school in reading and mathematics on the FCAT or end-of
 1497  course assessments described in s. 1008.22(3)(c)2.a., unless
 1498  these students are exhibiting satisfactory performance.
 1499         2. Beginning with the 2015-2016 2009-2010 school year for
 1500  schools comprised of high school grades 9, 10, 11, and 12, or
 1501  grades 10, 11, and 12:
 1502         a. Fifty, 50 percent of the school grade shall be based on
 1503  a combination of the following factors:
 1504         (I) Student achievement scores, including achievement
 1505  scores for students seeking a special diploma;
 1506         (II) Student learning gains as measured by end-of-course
 1507  assessments and learning gains for students seeking a special
 1508  diploma as measured by alternate assessment tools, if necessary;
 1509  and
 1510         (III) Improvement of the lowest 25th percentile of students
 1511  in the school on end-of-course assessments, unless these
 1512  students are exhibiting satisfactory performance. listed in sub
 1513  subparagraphs 1.a.-c. and
 1514         b. The remaining 50 percent of the school grade shall be
 1515  based on the following factors:
 1516         (I)a. The high school graduation rate of the school;
 1517         (II)b. As valid data becomes available, the performance and
 1518  participation of the school’s students in College Board Advanced
 1519  Placement courses, International Baccalaureate courses, dual
 1520  enrollment courses, and Advanced International Certificate of
 1521  Education courses; and the students’ achievement of national
 1522  industry certification identified in the Industry Certification
 1523  Funding List, pursuant to rules adopted by the State Board of
 1524  Education;
 1525         (III)c. Postsecondary readiness of the school’s students as
 1526  measured by the SAT, ACT, or the common placement test;
 1527         (IV)d. The high school graduation rate of at-risk students
 1528  who did not meet proficiency levels scored at Level 2 or lower
 1529  on the grade 8 end-of-course assessments in language arts,
 1530  mathematics, and science FCAT Reading and Mathematics
 1531  examinations;
 1532         (V)e.As valid data becomes available, The performance of
 1533  the school’s students on statewide standardized end-of-course
 1534  assessments administered under s. 1008.22(3)(c)2.b. and c.; and
 1535         (VI)f. The growth or decline in the components listed in
 1536  sub-sub-subparagraphs (I)-(V) sub-subparagraphs a.-e. from year
 1537  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 section and s. 1008.341, the term “home school” means
 1569  the school to which the student would be assigned if the student
 1570  were not assigned to an alternative school. If an alternative
 1571  school chooses to be graded under this section, student
 1572  performance data for eligible students identified in this
 1573  subparagraph shall not be included in the home school’s grade
 1574  but shall be included only in the calculation of the alternative
 1575  school’s grade. A school district that fails to assign the FCAT
 1576  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. Beginning with the 2015-2016 school year for schools
 1587  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1588  11, and 12, the data listed in subparagraphs 1.-3. and the
 1589  following data as the Department of Education determines such
 1590  data are valid and available:
 1591         a. The high school graduation rate of the school as
 1592  calculated by the Department of Education;
 1593         b. The participation rate of all eligible students enrolled
 1594  in the school and enrolled in College Board Advanced Placement
 1595  courses; International Baccalaureate courses; dual enrollment
 1596  courses; Advanced International Certificate of Education
 1597  courses; and courses or sequence of courses leading to national
 1598  industry certification identified in the Industry Certification
 1599  Funding List, pursuant to rules adopted by the State Board of
 1600  Education;
 1601         c. The aggregate scores of all eligible students enrolled
 1602  in the school in College Board Advanced Placement courses,
 1603  International Baccalaureate courses, and Advanced International
 1604  Certificate of Education courses;
 1605         d. Earning of college credit by all eligible students
 1606  enrolled in the school in dual enrollment programs under s.
 1607  1007.271;
 1608         e. Earning of a national industry certification identified
 1609  in the Industry Certification Funding List, pursuant to rules
 1610  adopted by the State Board of Education;
 1611         f. The aggregate scores of all eligible students enrolled
 1612  in the school in reading, mathematics, and other subjects as
 1613  measured by the SAT, the ACT, and the common placement test for
 1614  postsecondary readiness;
 1615         g. The high school graduation rate of all eligible at-risk
 1616  students enrolled in the school who did not meet proficiency
 1617  levels scored at Level 2 or lower on the grade 8 end-of-course
 1618  assessments in language arts, mathematics, and science FCAT
 1619  Reading and Mathematics examinations;
 1620         h. The performance of the school’s students on statewide
 1621  standardized end-of-course assessments administered under s.
 1622  1008.22(3)(c)2.b. and c.; and
 1623         i. The growth or decline in the data components listed in
 1624  sub-subparagraphs a.-h. from year to year.
 1625  
 1626  The State Board of Education shall adopt appropriate criteria
 1627  for each school grade. The criteria must also give added weight
 1628  to student achievement in language arts reading. Schools
 1629  designated with a grade of “C,” making satisfactory progress,
 1630  shall be required to demonstrate that adequate progress has been
 1631  made by students in the school who are in the lowest 25th
 1632  percentile on subject area assessments or end-of-course
 1633  assessments in language arts reading and mathematics on the FCAT
 1634  and on end-of-course assessments as described in s.
 1635  1008.22(3)(c)2.a., unless these students are exhibiting
 1636  satisfactory performance. Beginning with the 2015-2016 2009-2010
 1637  school year for schools comprised of high school grades 9, 10,
 1638  11, and 12, or grades 10, 11, and 12, the criteria for school
 1639  grades must also give added weight to the graduation rate of all
 1640  eligible at-risk students, as defined in this paragraph.
 1641  Beginning in the 2015-2016 2009-2010 school year, in order for a
 1642  high school to be designated as having a grade of “A,” making
 1643  excellent progress, the school must demonstrate that at-risk
 1644  students, as defined in this paragraph, in the school are making
 1645  adequate progress.
 1646         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
 1647  identify each school’s performance as having improved, remained
 1648  the same, or declined. This school improvement rating shall be
 1649  based on a comparison of the current year’s and previous year’s
 1650  student and school performance data. Schools that improve at
 1651  least one grade level are eligible for school recognition awards
 1652  pursuant to s. 1008.36.
 1653         Section 13. Subsections (2) and (3) of section 1008.341,
 1654  Florida Statutes, are amended to read:
 1655         1008.341 School improvement rating for alternative
 1656  schools.—
 1657         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
 1658  provides dropout prevention and academic intervention services
 1659  pursuant to s. 1003.53 shall receive a school improvement rating
 1660  pursuant to this section. However, an alternative school shall
 1661  not receive a school improvement rating if the number of its
 1662  students for whom student performance data is available for the
 1663  current year and previous year is less than the minimum sample
 1664  size necessary, based on accepted professional practice, for
 1665  statistical reliability and prevention of the unlawful release
 1666  of personally identifiable student data under s. 1002.22 or 20
 1667  U.S.C. s. 1232g. The school improvement rating shall identify an
 1668  alternative school as having one of the following ratings
 1669  defined according to rules of the State Board of Education:
 1670         (a) “Improving” means the students attending the school are
 1671  making more academic progress than when the students were served
 1672  in their home schools.
 1673         (b) “Maintaining” means the students attending the school
 1674  are making progress equivalent to the progress made when the
 1675  students were served in their home schools.
 1676         (c) “Declining” means the students attending the school are
 1677  making less academic progress than when the students were served
 1678  in their home schools.
 1679  
 1680  The school improvement rating shall be based on a comparison of
 1681  student performance data for the current year and previous year.
 1682  Schools that improve at least one level or maintain an
 1683  “improving” rating pursuant to this section are eligible for
 1684  school recognition awards pursuant to s. 1008.36.
 1685         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1686  used in determining an alternative school’s school improvement
 1687  rating shall include:
 1688         (a) The aggregate scores on statewide assessments
 1689  administered under s. 1008.22 for all eligible students who were
 1690  assigned to and enrolled in the school during the October or
 1691  February FTE count and who have FCAT or comparable scores for
 1692  the preceding school year.
 1693         (b) The overall academic performance of all eligible
 1694  students in grades 3 through 12 based on grade point average,
 1695  student portfolios, readiness for grade promotion, readiness for
 1696  postsecondary education and careers, and, if determined by the
 1697  State Board of Education, other measurable indicators of student
 1698  progress. The aggregate scores on statewide assessments
 1699  administered under s. 1008.22 for all eligible students who were
 1700  assigned to and enrolled in the school during the October or
 1701  February FTE count and who have scored in the lowest 25th
 1702  percentile of students in the state on FCAT Reading.
 1703  
 1704  The assessment scores of students who are subject to district
 1705  school board policies for expulsion for repeated or serious
 1706  offenses, who are in dropout retrieval programs serving students
 1707  who have officially been designated as dropouts, or who are in
 1708  programs operated or contracted by the Department of Juvenile
 1709  Justice may not be included in an alternative school’s school
 1710  improvement rating.
 1711         Section 14. Section 1008.36, Florida Statutes, is amended
 1712  to read:
 1713         1008.36 Every Child Matters Program Florida School
 1714  Recognition Program.—
 1715         (1) The Legislature finds that in order to provide every
 1716  student enrolled in K-12 public schools with the opportunity to
 1717  achieve a successful public education, academic problems must be
 1718  identified early, with remediation and intervention services to
 1719  follow there is a need for a performance incentive program for
 1720  outstanding faculty and staff in highly productive schools. The
 1721  Legislature further finds that performance-based incentives are
 1722  commonplace in the private sector and should be infused into the
 1723  public sector as a reward for productivity.
 1724         (2) The Every Child Matters Program Florida School
 1725  Recognition Program is created to provide financial awards to
 1726  public schools that:
 1727         (a) A curriculum-based, year-round measurement of academic
 1728  performance for all public school students enrolled in
 1729  kindergarten through grade 12. Sustain high performance by
 1730  receiving a school grade of “A,” making excellent progress; or
 1731         (b) Remediation and intervention services to all public
 1732  school students enrolled in kindergarten through grade 12 who
 1733  are not meeting grade-level performance expectations.
 1734  Demonstrate exemplary improvement due to innovation and effort
 1735  by improving at least one letter grade or by improving more than
 1736  one letter grade and sustaining the improvement the following
 1737  school year.
 1738         (3) All public schools, including charter schools, that
 1739  receive a school grade pursuant to s. 1008.34 are eligible to
 1740  participate in the program.
 1741         (4) All selected schools shall receive financial assistance
 1742  awards depending on the availability of funds appropriated and
 1743  the number and size of schools selected to receive an award.
 1744  Funds must be distributed to the school’s fiscal agent and
 1745  placed in the school’s account and must be used for purposes
 1746  listed in subsection (5) as determined jointly by the school’s
 1747  staff and school advisory council. If school staff and the
 1748  school advisory council cannot reach agreement by February 1,
 1749  the awards must be equally distributed to all classroom teachers
 1750  currently teaching in the school. If a school selected to
 1751  receive a school recognition award is no longer in existence at
 1752  the time the award is paid, the district school superintendent
 1753  shall distribute the funds to teachers who taught at the school
 1754  in the previous year in the form of a bonus.
 1755         (5) Every Child Matters Program funds School recognition
 1756  awards must be used for the following:
 1757         (a) Administration of a regular formative assessment
 1758  approved by the State Board of Education Nonrecurring bonuses to
 1759  the faculty and staff;
 1760         (b) Nonrecurring expenditures for remediation of low
 1761  performing students, including remediation programs and
 1762  intervention services adopted and administered by the Department
 1763  of Education;
 1764         (c)(b) Nonrecurring expenditures for educational equipment
 1765  or materials to assist in the remediation of low-performing
 1766  students; maintaining and improving student performance; or
 1767         (d)(c) Temporary personnel for the school to assist in the
 1768  remediation of low-performing students; maintaining and
 1769  improving student performance.
 1770         (e) Contracts with private sector participants to provide
 1771  remediation services if 90 percent of the personnel providing
 1772  services reside in the state and the contracts include
 1773  requirements to ensure that the private sector participants are
 1774  accountable for performance; or
 1775         (f) Transportation of students pursuant to s. 1002.31(3).
 1776         (6) The Department of Education shall provide training and
 1777  informational resources for educators to administer the
 1778  formative assessment pursuant to paragraph (5)(a) and shall be
 1779  responsible for developing and implementing provisions for the
 1780  collection and analysis of the assessment data.
 1781         (7) The Department of Education shall establish policies
 1782  and procedures for the development of individual education plans
 1783  for low-performing students who receive remediation and
 1784  intervention services pursuant to this section.
 1785  
 1786  Notwithstanding statutory provisions to the contrary, incentive
 1787  awards are not subject to collective bargaining.
 1788         Section 15. Paragraph (b) of subsection (1) of section
 1789  1009.531, Florida Statutes, is amended to read:
 1790         1009.531 Florida Bright Futures Scholarship Program;
 1791  student eligibility requirements for initial awards.—
 1792         (1) Effective January 1, 2008, in order to be eligible for
 1793  an initial award from any of the three types of scholarships
 1794  under the Florida Bright Futures Scholarship Program, a student
 1795  must:
 1796         (b) Earn a standard Florida high school diploma or its
 1797  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
 1798  or s. 1003.435 unless:
 1799         1. The student completes a home education program according
 1800  to s. 1002.41; or
 1801         2. The student earns a high school diploma from a non
 1802  Florida school while living with a parent or guardian who is on
 1803  military or public service assignment away from Florida.
 1804         Section 16. Paragraph (d) of subsection (7) and paragraph
 1805  (c) of subsection (9) of section 1011.62, Florida Statutes, are
 1806  amended to read:
 1807         1011.62 Funds for operation of schools.—If the annual
 1808  allocation from the Florida Education Finance Program to each
 1809  district for operation of schools is not determined in the
 1810  annual appropriations act or the substantive bill implementing
 1811  the annual appropriations act, it shall be determined as
 1812  follows:
 1813         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1814         (d) Each district’s allocation of sparsity supplement funds
 1815  shall be adjusted in the following manner:
 1816         1. A maximum discretionary levy per FTE value for each
 1817  district shall be calculated by dividing the value of each
 1818  district’s maximum discretionary levy by its FTE student count.
 1819         2. A state average discretionary levy value per FTE shall
 1820  be calculated by dividing the total maximum discretionary levy
 1821  value for all districts by the state total FTE student count.
 1822         3. A total potential funds per FTE for each district shall
 1823  be calculated by dividing the total potential funds, not
 1824  including Every Child Matters Program Florida School Recognition
 1825  Program funds, Merit Award Program funds, and the minimum
 1826  guarantee funds, for each district by its FTE student count.
 1827         4. A state average total potential funds per FTE shall be
 1828  calculated by dividing the total potential funds, not including
 1829  Every Child Matters Program Florida School Recognition Program
 1830  funds, Merit Award Program funds, and the minimum guarantee
 1831  funds, for all districts by the state total FTE student count.
 1832         5. For districts that have a levy value per FTE as
 1833  calculated in subparagraph 1. higher than the state average
 1834  calculated in subparagraph 2., a sparsity wealth adjustment
 1835  shall be calculated as the product of the difference between the
 1836  state average levy value per FTE calculated in subparagraph 2.
 1837  and the district’s levy value per FTE calculated in subparagraph
 1838  1. and the district’s FTE student count and -1. However, no
 1839  district shall have a sparsity wealth adjustment that, when
 1840  applied to the total potential funds calculated in subparagraph
 1841  3., would cause the district’s total potential funds per FTE to
 1842  be less than the state average calculated in subparagraph 4.
 1843         6. Each district’s sparsity supplement allocation shall be
 1844  calculated by adding the amount calculated as specified in
 1845  paragraphs (a) and (b) and the wealth adjustment amount
 1846  calculated in this paragraph.
 1847         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 1848         (c) Funds allocated under this subsection must be used to
 1849  provide a system of comprehensive reading instruction to
 1850  students enrolled in the K-12 programs, which may include the
 1851  following:
 1852         1. The provision of highly qualified reading coaches.
 1853         2. Professional development for school district teachers in
 1854  scientifically based reading instruction, including strategies
 1855  to teach reading in content areas and with an emphasis on
 1856  technical and informational text.
 1857         3. The provision of summer reading camps for students who
 1858  are reading below grade level score at Level 1 on FCAT Reading.
 1859         4. The provision of supplemental instructional materials
 1860  that are grounded in scientifically based reading research.
 1861         5. The provision of intensive interventions for middle and
 1862  high school students reading below grade level.
 1863         Section 17. Paragraph (b) of subsection (1) of section
 1864  1012.22, Florida Statutes, is amended to read:
 1865         1012.22 Public school personnel; powers and duties of the
 1866  district school board.—The district school board shall:
 1867         (1) Designate positions to be filled, prescribe
 1868  qualifications for those positions, and provide for the
 1869  appointment, compensation, promotion, suspension, and dismissal
 1870  of employees as follows, subject to the requirements of this
 1871  chapter:
 1872         (b) Time to act on nominations.—The district school board
 1873  shall act not later than 3 weeks following the receipt of FCAT
 1874  scores and data, including school grades, or June 30, whichever
 1875  is later, on the district school superintendent’s nominations of
 1876  supervisors, principals, and members of the instructional staff.
 1877         Section 18. (1) Effective upon this act becoming a law, the
 1878  Commissioner of Education shall appoint a public school
 1879  assessment and accountability alignment committee to develop:
 1880         (a) Standards for a revised statewide student assessment
 1881  program under s. 1008.22, Florida Statutes, consisting of
 1882  subject area assessments for students in grades 3 through 5,
 1883  subject area assessments and end-of-course assessments in core
 1884  and noncore subject areas for students in grades 6 through 12,
 1885  and diagnostic assessments for students in grades 6, 8, and 10.
 1886         (b) Procedures for transitioning elementary schools from
 1887  the use of the Florida Comprehensive Assessment Test (FCAT) to
 1888  the use of subject area assessments and procedures for
 1889  transitioning middle schools and high schools from the use of
 1890  the FCAT to the use of subject area assessments and end-of
 1891  course assessments.
 1892         (c) Standards for revised formulas for determining school
 1893  grades and school improvement ratings under ss. 1008.34 and
 1894  1008.341, Florida Statutes.
 1895         (2) The committee shall align the components of the revised
 1896  statewide student assessment program to best prepare students to
 1897  progress from one grade to the next and to postsecondary
 1898  education or careers after high school.
 1899         (3) To ensure that the alignment committee represents a
 1900  cross-section of education stakeholders, it shall be composed of
 1901  individuals from:
 1902         (a) The education community, including, but not limited to,
 1903  teachers and administrators representing elementary, secondary,
 1904  and higher education.
 1905         (b) Education associations, including, but not limited to,
 1906  associations for teachers, school administrators, and district
 1907  school boards.
 1908         (c) State government and local government.
 1909         (d) The business community.
 1910         (e) Independent education researchers or experts.
 1911         (4) Members of the alignment committee shall serve without
 1912  compensation but may be reimbursed for per diem and travel
 1913  expenses in accordance with s. 112.061, Florida Statutes.
 1914         (5) The alignment committee may conduct public hearings
 1915  around the state to obtain public input for the development of a
 1916  revised statewide student assessment program and formulas for
 1917  determining school grades and school improvement ratings.
 1918         (6)(a) By August 1, 2012, the alignment committee shall
 1919  begin work on the following:
 1920         1. Developing new subject area assessments for students in
 1921  grades 3 through 5, subject area assessments and end-of-course
 1922  assessments for students in grades 6 through 12, and diagnostic
 1923  assessments for students in grades 6, 8, and 10.
 1924         2. Transitioning to a revised method for determining school
 1925  grades and school improvement ratings based on factors that
 1926  include subject area assessments, end-of-course assessments,
 1927  overall student academic performance, and a school’s use of
 1928  technology and innovative practices.
 1929         (b) By August 1, 2014:
 1930         1. The State Board of Education shall adopt rules pursuant
 1931  to ss. 120.536(1) and 120.54, Florida Statutes, to implement the
 1932  revised statewide student assessment program and school grading
 1933  system as part of the state’s public school assessment and
 1934  accountability system beginning with the 2015-2016 school year.
 1935         2. The Department of Education and school districts shall
 1936  begin training and professional development for teachers, school
 1937  administrators, and other educational personnel in use of the
 1938  new subject area assessments, end-of-course assessments, and
 1939  diagnostic assessments.
 1940         (7) The alignment committee shall expire upon completion of
 1941  its activities but no later than August 1, 2014.
 1942         Section 19. Except as otherwise expressly provided in this
 1943  act and except for this section, which shall take effect upon
 1944  this act becoming a law, this act shall take effect July 1,
 1945  2015.