Florida Senate - 2012                                    SB 1710
       
       
       
       By Senator Braynon
       
       
       
       
       33-01368-12                                           20121710__
    1                        A bill to be entitled                      
    2         An act relating to public school system; amending ss.
    3         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 Governor and Legislature;
   29         amending s. 1003.433, F.S., relating to discontinuance
   30         of FCAT administration and revised general
   31         requirements for high school graduation, to conform to
   32         changes made by the act; amending s. 1008.22, F.S.;
   33         revising the statewide student assessment program to
   34         discontinue use of the FCAT; requiring the assessment
   35         program to consist of subject area assessments for
   36         students in grades 3 through 5, subject area
   37         assessments and end-of-course assessments in core and
   38         noncore subjects for students in grades 6 through 12,
   39         and diagnostic assessments for students in grades 6,
   40         8, and 10; providing eligibility for exemption from
   41         certain assessment requirements; revising course grade
   42         and 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; amending s.
   83         1012.335, F.S.; revising provisions relating to
   84         contracts with instructional personnel; defining the
   85         term “professional performance contract”; revising the
   86         requirements for award of an annual contract;
   87         authorizing annual contract renewal and providing
   88         reasons for nonrenewal; providing requirements for
   89         award of a professional performance contract; creating
   90         s. 1012.988, F.S.; requiring each school district to
   91         develop and implement a professional development
   92         program to support the statewide student assessment
   93         program and the performance of school personnel;
   94         providing duties of the Department of Education;
   95         providing for the appointment of a public school
   96         assessment and accountability alignment committee to
   97         develop standards for a revised statewide student
   98         assessment program, procedures for transitioning to
   99         the new program, and standards for determining school
  100         grades and school improvement ratings; providing for
  101         membership and duties of the alignment committee;
  102         requiring the State Board of Education to adopt rules;
  103         providing a timetable for implementation; providing
  104         for future expiration of the alignment committee;
  105         providing effective dates.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Paragraph (a) of subsection (20) of section
  110  1002.33, Florida Statutes, is amended to read:
  111         1002.33 Charter schools.—
  112         (20) SERVICES.—
  113         (a)1. A sponsor shall provide certain administrative and
  114  educational services to charter schools. These services shall
  115  include contract management services; full-time equivalent and
  116  data reporting services; exceptional student education
  117  administration services; services related to eligibility and
  118  reporting duties required to ensure that school lunch services
  119  under the federal lunch program, consistent with the needs of
  120  the charter school, are provided by the school district at the
  121  request of the charter school, that any funds due to the charter
  122  school under the federal lunch program be paid to the charter
  123  school as soon as the charter school begins serving food under
  124  the federal lunch program, and that the charter school is paid
  125  at the same time and in the same manner under the federal lunch
  126  program as other public schools serviced by the sponsor or the
  127  school district; test administration services, including payment
  128  of the costs of state-required or district-required student
  129  assessments; processing of teacher certificate data services;
  130  and information services, including equal access to student
  131  information systems that are used by public schools in the
  132  district in which the charter school is located. Student
  133  performance data for each student in a charter school,
  134  including, but not limited to, subject area assessment scores,
  135  end-of-course assessment FCAT scores, standardized test scores,
  136  previous public school student report cards, and student
  137  performance measures, shall be provided by the sponsor to a
  138  charter school in the same manner provided to other public
  139  schools in the district.
  140         2. A total administrative fee for the provision of such
  141  services shall be calculated based upon up to 5 percent of the
  142  available funds defined in paragraph (17)(b) for all students.
  143  However, a sponsor may only withhold up to a 5-percent
  144  administrative fee for enrollment for up to and including 250
  145  students. For charter schools with a population of 251 or more
  146  students, the difference between the total administrative fee
  147  calculation and the amount of the administrative fee withheld
  148  may only be used for capital outlay purposes specified in s.
  149  1013.62(2).
  150         3. For high-performing charter schools, as defined in ch.
  151  2011-232, a sponsor may withhold a total administrative fee of
  152  up to 2 percent for enrollment up to and including 250 students
  153  per school.
  154         4. In addition, a sponsor may withhold only up to a 5
  155  percent administrative fee for enrollment for up to and
  156  including 500 students within a system of charter schools which
  157  meets all of the following:
  158         a. Includes both conversion charter schools and
  159  nonconversion charter schools;
  160         b. Has all schools located in the same county;
  161         c. Has a total enrollment exceeding the total enrollment of
  162  at least one school district in the state;
  163         d. Has the same governing board; and
  164         e. Does not contract with a for-profit service provider for
  165  management of school operations.
  166         5. The difference between the total administrative fee
  167  calculation and the amount of the administrative fee withheld
  168  pursuant to subparagraph 4. may be used for instructional and
  169  administrative purposes as well as for capital outlay purposes
  170  specified in s. 1013.62(2).
  171         6. For a high-performing charter school system that also
  172  meets the requirements in subparagraph 4., a sponsor may
  173  withhold a 2-percent administrative fee for enrollments up to
  174  and including 500 students per system.
  175         7. Sponsors shall not charge charter schools any additional
  176  fees or surcharges for administrative and educational services
  177  in addition to the maximum 5-percent administrative fee withheld
  178  pursuant to this paragraph.
  179         8. The sponsor of a virtual charter school may withhold a
  180  fee of up to 5 percent. The funds shall be used to cover the
  181  cost of services provided under subparagraph 1. and for the
  182  school district’s local instructional improvement system
  183  pursuant to s. 1006.281 or other technological tools that are
  184  required to access electronic and digital instructional
  185  materials.
  186         Section 2. Paragraph (c) of subsection (3) of section
  187  1003.03, Florida Statutes, is amended to read:
  188         1003.03 Maximum class size.—
  189         (3) IMPLEMENTATION OPTIONS.—District school boards must
  190  consider, but are not limited to, implementing the following
  191  items in order to meet the constitutional class size maximums
  192  described in subsection (1):
  193         (c)1. Repeal district school board policies that require
  194  students to have more than 24 credits to graduate from high
  195  school.
  196         2. Adopt policies to allow students to graduate from high
  197  school as soon as they meet the requirements pass the grade 10
  198  FCAT and complete the courses required for high school
  199  graduation.
  200         Section 3. Paragraph (d) of subsection (3) of section
  201  1003.413, Florida Statutes, is amended to read:
  202         1003.413 Florida Secondary School Redesign Act.—
  203         (3) Based on these guiding principles, district school
  204  boards shall establish policies to implement the requirements of
  205  ss. 1003.4156, 1003.428, and 1003.493. The policies must
  206  address:
  207         (d) Credit recovery courses and intensive reading and
  208  mathematics intervention services courses based on student
  209  performance on diagnostic assessments, subject area assessments,
  210  or end-of-course assessments FCAT Reading and Mathematics. These
  211  courses and intervention services should be competency based and
  212  offered through innovative delivery systems, including computer
  213  assisted instruction. School districts should use learning gains
  214  as well as other appropriate data and provide incentives to
  215  identify and reward high-performing teachers who teach credit
  216  recovery courses and provide intensive intervention services
  217  courses.
  218         Section 4. Paragraphs (b) and (c) of subsection (1) of
  219  section 1003.4156, Florida Statutes, are amended to read:
  220         1003.4156 General requirements for middle grades
  221  promotion.—
  222         (1) Promotion from a school composed of middle grades 6, 7,
  223  and 8 requires that:
  224         (b) For each year in which a student’s performance on a
  225  diagnostic assessment or a subject area assessment in student
  226  scores at Level l on FCAT reading does not meet grade-level
  227  expectations, the student must be enrolled in and complete an
  228  intensive reading course the following year. Placement of
  229  students Level 2 readers in either an intensive reading course
  230  or a content area course in which reading strategies are
  231  delivered shall be determined by diagnosis of reading needs. The
  232  department shall provide guidance on appropriate strategies for
  233  diagnosing and meeting the varying instructional needs of
  234  students reading below grade level. Reading courses shall be
  235  designed and offered pursuant to the comprehensive reading plan
  236  required by s. 1011.62(9). A middle grades student who does not
  237  meet grade-level expectations in reading scores at Level 1 or
  238  Level 2 on FCAT Reading but who met grade-level expectations in
  239  reading did not score below Level 3 in the previous 3 years may
  240  be granted a 1-year exemption from the reading remediation
  241  requirement; however, the student must have an approved academic
  242  improvement plan already in place, signed by the appropriate
  243  school staff and the student’s parent, for the year for which
  244  the exemption is granted.
  245         (c) For each year in which a student’s performance on a
  246  diagnostic assessment, a subject area assessment, or an end-of
  247  course assessment in student scores at Level 1 or Level 2 on
  248  FCAT mathematics does not meet grade-level expectations, the
  249  student must receive remediation the following year, which may
  250  be integrated into the student’s required mathematics course.
  251         Section 5. Subsection (1), paragraph (b) of subsection (2),
  252  paragraph (b) of subsection (4), and paragraph (b) of subsection
  253  (8) of section 1003.428, Florida Statutes, are amended to read:
  254         1003.428 General requirements for high school graduation;
  255  revised.—
  256         (1) Except as otherwise authorized pursuant to s. 1003.429,
  257  beginning with students entering grade 9 in the 2007-2008 school
  258  year, graduation requires the successful completion of a minimum
  259  of 24 credits, an International Baccalaureate curriculum, or an
  260  Advanced International Certificate of Education curriculum.
  261  Students must be advised of the Advanced Placement courses,
  262  International Baccalaureate courses, Advanced International
  263  Certificate of Education courses, career academy courses that
  264  lead to national industry certification, and dual enrollment
  265  courses that are available, as well as the availability of
  266  course offerings through the Florida Virtual School. Students
  267  must also be advised of eligibility requirements for state
  268  scholarship programs and postsecondary admissions.
  269         (2) The 24 credits may be earned through applied,
  270  integrated, and combined courses approved by the Department of
  271  Education. The 24 credits shall be distributed as follows:
  272         (b) Eight credits in electives.
  273         1. For each year in which a student’s performance on a
  274  diagnostic assessment or subject area assessment in student
  275  scores at Level 1 on FCAT reading does not meet grade-level
  276  expectations, the student must receive remediation and
  277  intervention services as soon as feasible but no later than be
  278  enrolled in and complete an intensive reading course the
  279  following year. Placement of students Level 2 readers in either
  280  a an intensive reading course or a content area course in which
  281  reading strategies are delivered shall be determined by
  282  diagnosis of reading needs. The department shall provide
  283  guidance on appropriate strategies for diagnosing and meeting
  284  the varying instructional needs of students reading below grade
  285  level. Reading courses shall be designed and offered pursuant to
  286  the comprehensive reading plan required by s. 1011.62(9). A high
  287  school student who does not meet grade-level expectations in
  288  reading scores at Level 1 or Level 2 on FCAT Reading but who met
  289  grade-level expectations in reading did not score below Level 3
  290  in the previous 3 years may be granted a 1-year exemption from
  291  the reading remediation requirement; however, the student must
  292  have an approved academic improvement plan already in place,
  293  signed by the appropriate school staff and the student’s parent,
  294  for the year for which the exemption is granted.
  295         2. For each year in which a student’s performance on a
  296  diagnostic assessment, a subject area assessment, or an end-of
  297  course assessment in student scores at Level 1 or Level 2 on
  298  FCAT mathematics does not meet grade-level expectations, the
  299  student must receive remediation and intervention services as
  300  soon as feasible but no later than the following year.
  301  Intervention These courses may be taught through applied,
  302  integrated, or combined courses and are subject to approval by
  303  the department for inclusion in the Course Code Directory.
  304         (4) Each district school board shall establish standards
  305  for graduation from its schools, which must include:
  306         (b) Successful overall academic performance based on end
  307  of-course assessments, grade point average, student portfolios,
  308  and, if determined by the State Board of Education, other
  309  measurable indicators of student progress. Earning passing
  310  scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on
  311  a standardized test that are concordant with passing scores on
  312  the FCAT as defined in s. 1008.22(10).
  313  
  314  Each district school board shall adopt policies designed to
  315  assist students in meeting the requirements of this subsection.
  316  These policies may include, but are not limited to: forgiveness
  317  policies, summer school or before or after school attendance,
  318  special counseling, volunteers or peer tutors, school-sponsored
  319  help sessions, homework hotlines, and study skills classes.
  320  Forgiveness policies for required courses shall be limited to
  321  replacing a grade of “D” or “F,” or the equivalent of a grade of
  322  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  323  a grade of “C” or higher, earned subsequently in the same or
  324  comparable course. Forgiveness policies for elective courses
  325  shall be limited to replacing a grade of “D” or “F,” or the
  326  equivalent of a grade of “D” or “F,” with a grade of “C” or
  327  higher, or the equivalent of a grade of “C” or higher, earned
  328  subsequently in another course. The only exception to these
  329  forgiveness policies shall be made for a student in the middle
  330  grades who takes any high school course for high school credit
  331  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  332  grade of “C,” “D,” or “F.” In such case, the district
  333  forgiveness policy must allow the replacement of the grade with
  334  a grade of “C” or higher, or the equivalent of a grade of “C” or
  335  higher, earned subsequently in the same or comparable course. In
  336  all cases of grade forgiveness, only the new grade shall be used
  337  in the calculation of the student’s grade point average. Any
  338  course grade not replaced according to a district school board
  339  forgiveness policy shall be included in the calculation of the
  340  cumulative grade point average required for graduation.
  341         (8)
  342         (b)1. A student with a disability, as defined in s.
  343  1007.02(2), for whom the individual education plan (IEP)
  344  committee determines that the FCAT cannot accurately measure the
  345  student’s abilities taking into consideration all allowable
  346  accommodations, shall have the FCAT requirement of paragraph
  347  (4)(b) waived for the purpose of receiving a standard high
  348  school diploma, if the student:
  349         a. Completes the minimum number of credits and other
  350  requirements prescribed by subsections (1), (2), and (3).
  351         b. Does not meet the requirements of paragraph (4)(b) after
  352  one opportunity in 10th grade and one opportunity in 11th grade.
  353         2. A student with a disability, as defined in s.
  354  1007.02(2), for whom the IEP committee determines that an end
  355  of-course assessment cannot accurately measure the student’s
  356  abilities, taking into consideration all allowable
  357  accommodations, shall have the end-of-course assessment results
  358  that are used as a partial basis for determining successful
  359  overall academic performance waived for the purpose of
  360  determining the student’s course grade and credit as required in
  361  paragraph (4)(a).
  362         Section 6. Subsection (1), paragraph (a) of subsection (6),
  363  and subsection (8) of section 1003.429, Florida Statutes, are
  364  amended to read:
  365         1003.429 Accelerated high school graduation options.—
  366         (1) Students who enter grade 9 in the 2006-2007 school year
  367  and thereafter may select, upon receipt of each consent required
  368  by this section, one of the following three high school
  369  graduation options:
  370         (a) Completion of the general requirements for high school
  371  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  372         (b) Completion of a 3-year standard college preparatory
  373  program requiring successful completion of a minimum of 18
  374  academic credits in grades 9 through 12. At least 6 of the 18
  375  credits required for completion of this program must be received
  376  in classes that are offered pursuant to the International
  377  Baccalaureate Program, the Advanced Placement Program, dual
  378  enrollment, or the Advanced International Certificate of
  379  Education Program, or specifically listed or identified by the
  380  Department of Education as rigorous pursuant to s. 1009.531(3).
  381  Students must be advised of the Advanced Placement courses,
  382  International Baccalaureate courses, Advanced International
  383  Certificate of Education courses, career academy courses that
  384  lead to national industry certification, and dual enrollment
  385  courses that are available, as well as the availability of
  386  course offerings through the Florida Virtual School. The 18
  387  credits required for completion of this program shall be primary
  388  requirements and shall be distributed as follows:
  389         1. Four credits in English, with major concentration in
  390  composition and literature;
  391         2. Three credits and, beginning with students entering
  392  grade 9 in the 2010-2011 school year, four credits in
  393  mathematics at the Algebra I level or higher from the list of
  394  courses that qualify for state university admission. Beginning
  395  with students entering grade 9 in the 2010-2011 school year, in
  396  addition to the Algebra I credit requirement, one of the four
  397  credits in mathematics must be geometry or a series of courses
  398  equivalent to geometry as approved by the State Board of
  399  Education. Beginning with students entering grade 9 in the 2010
  400  2011 school year, the end-of-course assessment requirements
  401  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  402  to earn the required credit in Algebra I. Beginning with
  403  students entering grade 9 in the 2011-2012 school year, the end
  404  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  405  must be met in order for a student to earn the required credit
  406  in geometry. Beginning with students entering grade 9 in the
  407  2012-2013 school year, in addition to the Algebra I and geometry
  408  credit requirements, one of the four credits in mathematics must
  409  be Algebra II or a series of courses equivalent to Algebra II as
  410  approved by the State Board of Education;
  411         3. Three credits in science, two of which must have a
  412  laboratory component. Beginning with students entering grade 9
  413  in the 2011-2012 school year, one of the three credits in
  414  science must be Biology I or a series of courses equivalent to
  415  Biology I as approved by the State Board of Education. Beginning
  416  with students entering grade 9 in the 2011-2012 school year, the
  417  end-of-course assessment requirements under s.
  418  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  419  the required credit in Biology I. Beginning with students
  420  entering grade 9 in the 2013-2014 school year, one of the three
  421  credits must be Biology I or a series of courses equivalent to
  422  Biology I as approved by the State Board of Education, one
  423  credit must be chemistry or physics or a series of courses
  424  equivalent to chemistry or physics as approved by the State
  425  Board of Education, and one credit must be an equally rigorous
  426  course, as approved by the State Board of Education;
  427         4. Three credits in social sciences, which must include one
  428  credit in United States history, one credit in world history,
  429  one-half credit in United States government, and one-half credit
  430  in economics;
  431         5. Two credits in the same second language unless the
  432  student is a native speaker of or can otherwise demonstrate
  433  competency in a language other than English. If the student
  434  demonstrates competency in another language, the student may
  435  replace the language requirement with two credits in other
  436  academic courses; and
  437         6. Three credits in electives and, beginning with students
  438  entering grade 9 in the 2010-2011 school year, two credits in
  439  electives; or
  440         (c) Completion of a 3-year career preparatory program
  441  requiring successful completion of a minimum of 18 academic
  442  credits in grades 9 through 12. The 18 credits shall be primary
  443  requirements and shall be distributed as follows:
  444         1. Four credits in English, with major concentration in
  445  composition and literature;
  446         2. Three credits and, beginning with students entering
  447  grade 9 in the 2010-2011 school year, four credits in
  448  mathematics, one of which must be Algebra I. Beginning with
  449  students entering grade 9 in the 2010-2011 school year, in
  450  addition to the Algebra I credit requirement, one of the four
  451  credits in mathematics must be geometry or a series of courses
  452  equivalent to geometry as approved by the State Board of
  453  Education. Beginning with students entering grade 9 in the 2010
  454  2011 school year, the end-of-course assessment requirements
  455  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  456  to earn the required credit in Algebra I. Beginning with
  457  students entering grade 9 in the 2011-2012 school year, the end
  458  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  459  must be met in order for a student to earn the required credit
  460  in geometry. Beginning with students entering grade 9 in the
  461  2012-2013 school year, in addition to the Algebra I and geometry
  462  credit requirements, one of the four credits in mathematics must
  463  be Algebra II or a series of courses equivalent to Algebra II as
  464  approved by the State Board of Education;
  465         3. Three credits in science, two of which must have a
  466  laboratory component. Beginning with students entering grade 9
  467  in the 2011-2012 school year, one of the three credits in
  468  science must be Biology I or a series of courses equivalent to
  469  Biology I as approved by the State Board of Education. Beginning
  470  with students entering grade 9 in the 2011-2012 school year, the
  471  end-of-course assessment requirements under s.
  472  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  473  the required credit in Biology I. Beginning with students
  474  entering grade 9 in the 2013-2014 school year, one of the three
  475  credits must be Biology I or a series of courses equivalent to
  476  Biology I as approved by the State Board of Education, one
  477  credit must be chemistry or physics or a series of courses
  478  equivalent to chemistry or physics as approved by the State
  479  Board of Education, and one credit must be an equally rigorous
  480  course, as approved by the State Board of Education;
  481         4. Three credits in social sciences, which must include one
  482  credit in United States history, one credit in world history,
  483  one-half credit in United States government, and one-half credit
  484  in economics;
  485         5. Three credits in a single vocational or career education
  486  program, three credits in career and technical certificate dual
  487  enrollment courses, or five credits in vocational or career
  488  education courses; and
  489         6. Two credits and, beginning with students entering grade
  490  9 in the 2010-2011 school year, one credit in electives unless
  491  five credits are earned pursuant to subparagraph 5.
  492  
  493  Any student who selected an accelerated graduation program
  494  before July 1, 2004, may continue that program, and all
  495  statutory program requirements that were applicable when the
  496  student made the program choice shall remain applicable to the
  497  student as long as the student continues that program.
  498         (6) Students pursuing accelerated 3-year high school
  499  graduation options pursuant to paragraph (1)(b) or paragraph
  500  (1)(c) are required to:
  501         (a) Achieve successful overall academic performance based
  502  on end-of-course assessments, grade point average, student
  503  portfolios, and, if determined by the State Board of Education,
  504  other measurable indicators of student progress. Earn passing
  505  scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a
  506  standardized test that are concordant with passing scores on the
  507  FCAT as defined in s. 1008.22(10).
  508  
  509  Weighted grades referred to in paragraphs (b), (c), and (d)
  510  shall be applied to those courses specifically listed or
  511  identified by the department as rigorous pursuant to s.
  512  1009.531(3) or weighted by the district school board for class
  513  ranking purposes.
  514         (8) A student who selected one of the accelerated 3-year
  515  graduation options shall automatically move to the 4-year
  516  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  517  if the student:
  518         (a) Exercises his or her right to change to the 4-year
  519  program;
  520         (b) Fails to earn 5 credits by the end of grade 9 or fails
  521  to earn 11 credits by the end of grade 10;
  522         (c) Does not achieve a passing score of 3 or higher on an
  523  end-of-course assessment in language arts the grade 10 FCAT
  524  Writing assessment; or
  525         (d) By the end of grade 11 does not meet the requirements
  526  of subsections (1) and (6).
  527         Section 7. Effective upon this act becoming a law, the
  528  State Board of Education shall appoint a task force to develop
  529  high school graduation standards for students who plan to enroll
  530  in a trade school or postsecondary technical institution after
  531  high school. In addition, the task force shall consider ways to
  532  allow school districts to provide unique curriculum offerings
  533  for specific career opportunities and needs that are present in
  534  a school district’s area. The task force shall be comprised of
  535  no fewer than 15 members representing, but not limited to,
  536  academic experts in workforce education, high school principals,
  537  teachers, and industry experts and shall be chaired by the
  538  Chancellor for Career and Adult Education. The task force shall
  539  prepare a report with recommendations for high school graduation
  540  standards for career-track students and ways to incorporate
  541  unique career curriculum offerings into a school district’s
  542  curriculum to be submitted by January 1, 2013, to the President
  543  of the Senate, the Speaker of the House of Representative, and
  544  the Governor.
  545         Section 8. Subsections (1), (2), and (3) of section
  546  1003.433, Florida Statutes, are amended to read:
  547         1003.433 Learning opportunities for out-of-state and out
  548  of-country transfer students and students needing additional
  549  instruction to meet high school graduation requirements.—
  550         (1) Students who enter a Florida public school at the
  551  eleventh or twelfth grade from out of state or from a foreign
  552  country shall not be required to spend additional time in a
  553  Florida public school in order to meet the high school course
  554  requirements if the student has met all requirements of the
  555  school district, state, or country from which he or she is
  556  transferring. Such students who are not proficient in English
  557  should receive immediate and intensive instruction in English
  558  language acquisition. However, to receive a standard high school
  559  diploma, a transfer student must achieve successful overall
  560  academic performance based on end-of-course assessments, earn a
  561  2.0 or higher grade point average, student portfolios, and, if
  562  determined by the State Board of Education, other measurable
  563  indicators of student progress and pass the grade 10 FCAT
  564  required in s. 1008.22(3) or an alternate assessment as
  565  described in s. 1008.22(10).
  566         (2) Students who do not meet have met all requirements for
  567  the standard high school diploma except for passage of the grade
  568  10 FCAT or an alternate assessment by the end of grade 12 must
  569  be provided the following learning opportunities:
  570         (a) Participation in an accelerated high school equivalency
  571  diploma preparation program during the summer.
  572         (b) Upon receipt of a certificate of completion, be allowed
  573  to take the College Placement Test and be admitted to remedial
  574  or credit courses at a Florida College System institution, as
  575  appropriate.
  576         (c) Participation in an adult general education program as
  577  provided in s. 1004.93 for such time as the student requires to
  578  master English, reading, mathematics, or any other subject
  579  required for high school graduation. Students attending adult
  580  basic, adult secondary, or vocational-preparatory instruction
  581  are exempt from any requirement for the payment of tuition and
  582  fees, including lab fees, pursuant to s. 1009.25. A student
  583  attending an adult general education program shall have the
  584  opportunity to take the grade 10 FCAT an unlimited number of
  585  times in order to receive a standard high school diploma.
  586         (3) Students who have been enrolled in an ESOL program for
  587  less than 2 school years and have not met all requirements for
  588  the standard high school diploma except for passage of the grade
  589  10 FCAT or alternate assessment may receive immersion English
  590  language instruction during the summer following their senior
  591  year. Students receiving such instruction are eligible to take
  592  the FCAT or alternate assessment and receive a standard high
  593  school diploma upon achievement of successful overall academic
  594  performance pursuant to subsection (1) passage of the grade 10
  595  FCAT or the alternate assessment. This subsection shall be
  596  implemented to the extent funding is provided in the General
  597  Appropriations Act.
  598         Section 9. Paragraph (a) of subsection (1), paragraph (c)
  599  of subsection (3), paragraphs (b) and (c) of subsection (4),
  600  paragraph (a) of subsection (7), paragraphs (b) and (c) of
  601  subsection (9), and subsections (10) through (13) of section
  602  1008.22, Florida Statutes, are amended to read:
  603         1008.22 Student assessment program for public schools.—
  604         (1) PURPOSE.—The primary purposes of the student assessment
  605  program are to provide information needed to improve the public
  606  schools by enhancing the learning gains of all students and to
  607  inform parents of the educational progress of their public
  608  school children. The program must be designed to:
  609         (a) Assess the annual learning gains of each student toward
  610  achieving the Next Generation Sunshine State Standards
  611  appropriate for the student’s grade level.
  612         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  613  design and implement a statewide program of educational
  614  assessment that provides information for the improvement of the
  615  operation and management of the public schools, including
  616  schools operating for the purpose of providing educational
  617  services to youth in Department of Juvenile Justice programs.
  618  The commissioner may enter into contracts for the continued
  619  administration of the assessment, testing, and evaluation
  620  programs authorized and funded by the Legislature. Contracts may
  621  be initiated in 1 fiscal year and continue into the next and may
  622  be paid from the appropriations of either or both fiscal years.
  623  The commissioner is authorized to negotiate for the sale or
  624  lease of tests, scoring protocols, test scoring services, and
  625  related materials developed pursuant to law. Pursuant to the
  626  statewide assessment program, the commissioner shall:
  627         (c) Develop and implement a student achievement testing
  628  program as follows:
  629         1. Subject area assessments for students in grades 3
  630  through 5, subject area assessments and end-of-course
  631  assessments for students in grades 6 through 12, and diagnostic
  632  assessments for students in grades 6, 8, and 10 shall measure
  633  The Florida Comprehensive Assessment Test (FCAT) measures a
  634  student’s content knowledge and skills in language arts reading,
  635  writing, science, and mathematics, and other core and noncore
  636  subject areas as determined by the State Board of Education. The
  637  content knowledge and skills assessed by the FCAT must be
  638  aligned to the core curricular content established in the Next
  639  Generation Sunshine State Standards. Other content areas may be
  640  included as directed by the commissioner. Comprehensive
  641  assessments of reading and mathematics shall be administered
  642  annually in grades 3 through 10 except, beginning with the 2010
  643  2011 school year, the administration of grade 9 FCAT Mathematics
  644  shall be discontinued, and beginning with the 2011-2012 school
  645  year, the administration of grade 10 FCAT Mathematics shall be
  646  discontinued, except as required for students who have not
  647  attained minimum performance expectations for graduation as
  648  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  649  shall be administered at least once at the elementary, middle,
  650  and high school levels except, beginning with the 2011-2012
  651  school year, the administration of FCAT Science at the high
  652  school level shall be discontinued.
  653         2.a. End-of-course assessments for a subject shall be
  654  administered in addition to the comprehensive assessments
  655  required under subparagraph 1. End-of-course assessments must be
  656  rigorous, statewide, standardized, and developed or approved by
  657  the department. The content knowledge and skills assessed by
  658  end-of-course assessments must be aligned to the core curricular
  659  content established in the Next Generation Sunshine State
  660  Standards.
  661         (I) Statewide, standardized end-of-course assessments in
  662  mathematics shall be administered according to this sub-sub
  663  subparagraph. Beginning with the 2010-2011 school year, all
  664  students enrolled in Algebra I or an equivalent course must take
  665  the Algebra I end-of-course assessment. For students entering
  666  grade 9 during the 2010-2011 school year and who are enrolled in
  667  Algebra I or an equivalent, Each student’s performance on the
  668  end-of-course assessment in Algebra I shall constitute 20 30
  669  percent of the student’s final course grade. Beginning with
  670  students entering grade 9 in the 2011-2012 school year, a
  671  student who is enrolled in Algebra I or an equivalent must earn
  672  a passing score on the end-of-course assessment in Algebra I or
  673  attain an equivalent score as described in subsection (11) in
  674  order to earn course credit. Beginning with the 2011-2012 school
  675  year, all students enrolled in geometry or an equivalent course
  676  must take the geometry end-of-course assessment. For students
  677  entering grade 9 during the 2011-2012 school year, Each
  678  student’s performance on the end-of-course assessment in
  679  geometry shall constitute 20 30 percent of the student’s final
  680  course grade. Beginning with students entering grade 9 during
  681  the 2012-2013 school year, a student must earn a passing score
  682  on the end-of-course assessment in geometry or attain an
  683  equivalent score as described in subsection (11) in order to
  684  earn course credit.
  685         (II) Statewide, standardized end-of-course assessments in
  686  science shall be administered according to this sub-sub
  687  subparagraph. Beginning with the 2011-2012 school year, all
  688  students enrolled in Biology I or an equivalent course must take
  689  the Biology I end-of-course assessment. For the 2011-2012 school
  690  year, Each student’s performance on the end-of-course assessment
  691  in Biology I shall constitute 20 30 percent of the student’s
  692  final course grade. Beginning with students entering grade 9
  693  during the 2012-2013 school year, a student must earn a passing
  694  score on the end-of-course assessment in Biology I in order to
  695  earn course credit.
  696         b. During the 2012-2013 school year, an end-of-course
  697  assessment in civics education shall be administered as a field
  698  test at the middle school level. Beginning with During the 2013
  699  2014 school year, each student’s performance on the statewide,
  700  standardized end-of-course assessment in civics education shall
  701  constitute 20 30 percent of the student’s final course grade.
  702  Beginning with the 2014-2015 school year, a student must earn a
  703  passing score on the end-of-course assessment in civics
  704  education in order to pass the course and be promoted from the
  705  middle grades. The school principal of a middle school shall
  706  determine, in accordance with State Board of Education rule,
  707  whether a student who transfers to the middle school and who has
  708  successfully completed a civics education course at the
  709  student’s previous school must take an end-of-course assessment
  710  in civics education.
  711         c. The commissioner may select one or more nationally
  712  developed comprehensive examinations, which may include, but
  713  need not be limited to, examinations for a College Board
  714  Advanced Placement course, International Baccalaureate course,
  715  or Advanced International Certificate of Education course, or
  716  industry-approved examinations to earn national industry
  717  certifications identified in the Industry Certification Funding
  718  List, pursuant to rules adopted by the State Board of Education,
  719  for use as end-of-course assessments under this paragraph, if
  720  the commissioner determines that the content knowledge and
  721  skills assessed by the examinations meet or exceed the grade
  722  level expectations for the core curricular content established
  723  for the course in the Next Generation Sunshine State Standards.
  724  The commissioner may collaborate with the American Diploma
  725  Project in the adoption or development of rigorous end-of-course
  726  assessments that are aligned to the Next Generation Sunshine
  727  State Standards.
  728         d. Contingent upon funding provided in the General
  729  Appropriations Act, including the appropriation of funds
  730  received through federal grants, the Commissioner of Education
  731  shall establish an implementation schedule for the development
  732  and administration of additional statewide, standardized end-of
  733  course assessments in English/Language Arts II, Algebra II,
  734  chemistry, physics, earth/space science, United States history,
  735  and world history. Priority shall be given to the development of
  736  end-of-course assessments in English/Language Arts II. The
  737  Commissioner of Education shall evaluate the feasibility and
  738  effect of transitioning from the grade 9 and grade 10 FCAT
  739  Reading and high school level FCAT Writing to an end-of-course
  740  assessment in English/Language Arts II. The commissioner shall
  741  report the results of the evaluation to the President of the
  742  Senate and the Speaker of the House of Representatives no later
  743  than July 1, 2011.
  744         3. The testing program shall measure student content
  745  knowledge and skills adopted by the State Board of Education as
  746  specified in paragraph (a) and measure and report student
  747  performance levels of all students assessed in reading, writing,
  748  mathematics, and science. The commissioner shall provide for the
  749  tests to be developed or obtained, as appropriate, through
  750  contracts and project agreements with private vendors, public
  751  vendors, public agencies, postsecondary educational
  752  institutions, or school districts. The commissioner shall obtain
  753  input with respect to the design and implementation of the
  754  testing program from education stakeholders and experts, state
  755  educators, assistive technology experts, and the public.
  756         4.a. The testing program shall be composed of criterion
  757  referenced tests that shall, to the extent determined by the
  758  commissioner, include test items that require the student to
  759  produce information or perform tasks in such a way that the core
  760  content knowledge and skills he or she uses can be measured.
  761         b. The State Board of Education shall develop diagnostic
  762  assessments for students in grades 6, 8, and 10 in language
  763  arts, mathematics, and science content knowledge and skills to
  764  be used to keep students on track to graduate from high school.
  765  The diagnostic assessments shall be administered during the
  766  first month of the school year and shall be designed to identify
  767  specific academic weaknesses in individual students and to
  768  provide specific diagnostic information to help focus
  769  instruction most effectively to meet the needs of individual
  770  students. A school district that demonstrates success by keeping
  771  85 percent or more of its students on track to graduate is
  772  eligible for an exemption from the diagnostic assessment
  773  requirements if the State Board of Education determines that the
  774  district has sufficient local assessments to maintain success. A
  775  district that meets the exemption criteria of this sub
  776  subparagraph shall receive an amount of discretionary funds from
  777  the state equal to the amount that would be required to carry
  778  out the diagnostic assessments.
  779         c. To ensure that students are progressing and meeting
  780  international benchmarks, the testing program may include use of
  781  international assessments, including the Program for
  782  International Student Assessment and the Trends in International
  783  Mathematics and Science Study, as diagnostic tools.
  784         5. FCAT Reading, Mathematics, and Science and All
  785  statewide, standardized end-of-course assessments shall measure
  786  the content knowledge and skills a student has attained on the
  787  assessment by the use of scaled scores and achievement levels.
  788  Achievement levels shall range from 1 through 5, with level 1
  789  being the lowest achievement level, level 5 being the highest
  790  achievement level, and level 3 indicating satisfactory
  791  performance on an assessment. For purposes of FCAT Writing,
  792  student achievement shall be scored using a scale of 1 through 6
  793  and the score earned shall be used in calculating school grades.
  794  A score shall be designated for each subject area tested, below
  795  which score a student’s performance is deemed inadequate. The
  796  school districts shall provide appropriate remedial instruction
  797  and intervention services to students who score below these
  798  levels.
  799         6. The State Board of Education shall, by rule, designate a
  800  passing score for each part of the grade 10 assessment test and
  801  end-of-course assessments. Any rule that has the effect of
  802  raising the required passing scores may apply only to students
  803  taking the assessment for the first time after the rule is
  804  adopted by the State Board of Education. Except as otherwise
  805  provided in this subparagraph and as provided in s.
  806  1003.428(8)(b) or s. 1003.43(11)(b), students must achieve
  807  successful overall academic performance based partially on end
  808  of-course assessments earn a passing score on grade 10 FCAT
  809  Reading and grade 10 FCAT Mathematics or attain equivalent
  810  concordant scores as described in subsection (10) in order to
  811  qualify for a standard high school diploma.
  812         7. In addition to designating a passing score under
  813  subparagraph 6., the State Board of Education shall also
  814  designate, by rule, a score for each statewide, standardized
  815  end-of-course assessment which indicates that a student is high
  816  achieving and has the potential to meet college-readiness
  817  standards by the time the student graduates from high school.
  818         8. Participation in the testing program is mandatory for
  819  all students attending public school, including students served
  820  in Department of Juvenile Justice programs, except as otherwise
  821  prescribed by the commissioner. A student who has not earned
  822  passing scores on the grade 10 FCAT as provided in subparagraph
  823  6. must participate in each retake of the assessment until the
  824  student earns passing scores or achieves scores on a
  825  standardized assessment which are concordant with passing scores
  826  pursuant to subsection (10). If a student does not participate
  827  in the statewide assessment, the district must notify the
  828  student’s parent and provide the parent with information
  829  regarding the implications of such nonparticipation. A parent
  830  must provide signed consent for a student to receive classroom
  831  instructional accommodations that would not be available or
  832  permitted on the statewide assessments and must acknowledge in
  833  writing that he or she understands the implications of such
  834  instructional accommodations. The State Board of Education shall
  835  adopt rules, based upon recommendations of the commissioner, for
  836  the provision of test accommodations for students in exceptional
  837  education programs and for students who have limited English
  838  proficiency. Accommodations that negate the validity of a
  839  statewide assessment are not allowable in the administration of
  840  a subject area assessment the FCAT or an end-of-course
  841  assessment. However, instructional accommodations are allowable
  842  in the classroom if included in a student’s individual education
  843  plan. Students using instructional accommodations in the
  844  classroom that are not allowable as accommodations on the FCAT
  845  or an end-of-course assessment may have the FCAT or an end-of
  846  course assessment requirement waived pursuant to the
  847  requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b).
  848         9. A student seeking an adult high school diploma must meet
  849  the same testing requirements that a regular high school student
  850  must meet.
  851         10. District school boards must provide instruction to
  852  prepare students in the core curricular content established in
  853  the Next Generation Sunshine State Standards adopted under s.
  854  1003.41, including the core content knowledge and skills
  855  necessary for successful grade-to-grade progression and high
  856  school graduation. If a student is provided with instructional
  857  accommodations in the classroom that are not allowable as
  858  accommodations in the statewide assessment program, as described
  859  in the test manuals, the district must inform the parent in
  860  writing and must provide the parent with information regarding
  861  the impact on the student’s ability to meet expected performance
  862  levels in reading, writing, mathematics, and science. The
  863  commissioner shall conduct studies as necessary to verify that
  864  the required core curricular content is part of the district
  865  instructional programs.
  866         11. District school boards must provide opportunities for
  867  students to demonstrate an acceptable performance level on an
  868  alternative standardized subject area assessment or an end-of
  869  course assessment approved by the State Board of Education
  870  following enrollment in summer academies.
  871         12. The Department of Education must develop, or select,
  872  and implement a common battery of assessment tools that will be
  873  used in all juvenile justice programs in the state. These tools
  874  must accurately measure the core curricular content established
  875  in the Next Generation Sunshine State Standards.
  876         13. For students seeking a special diploma pursuant to s.
  877  1003.438, the Department of Education must develop or select and
  878  implement an alternate assessment tool that accurately measures
  879  the core curricular content established in the Next Generation
  880  Sunshine State Standards for students with disabilities under s.
  881  1003.438.
  882         14. The Commissioner of Education shall establish schedules
  883  for the administration of statewide assessments and the
  884  reporting of student test results. When establishing the
  885  schedules for the administration of statewide assessments, the
  886  commissioner shall consider the observance of religious and
  887  school holidays. The commissioner shall, by August 1 of each
  888  year, notify each school district in writing and publish on the
  889  department’s Internet website the testing and reporting
  890  schedules for, at a minimum, the school year following the
  891  upcoming school year. The testing and reporting schedules shall
  892  require that:
  893         a. There is the latest possible administration of statewide
  894  assessments and the earliest possible reporting to the school
  895  districts of student test results which is feasible within
  896  available technology and specific appropriations; however, test
  897  results for the FCAT must be made available no later than the
  898  week of June 8. Student results for end-of-course assessments
  899  must be provided no later than 1 week after the school district
  900  completes testing for each course. The commissioner may extend
  901  the reporting schedule under exigent circumstances.
  902         b. A comprehensive statewide assessment in FCAT writing may
  903  not be administered earlier than the week of March 1, and a
  904  comprehensive statewide assessment of any other subject may not
  905  be administered earlier than the week of April 15.
  906         c. A statewide, standardized end-of-course assessment is
  907  administered at the end of the course. The commissioner shall
  908  select an administration period for assessments that meets the
  909  intent of end-of-course assessments and provides student results
  910  prior to the end of the course. School districts shall
  911  administer tests in accordance with the schedule determined by
  912  the commissioner. For an end-of-course assessment administered
  913  at the end of the first semester, the commissioner shall
  914  determine the most appropriate testing dates based on a review
  915  of each school district’s academic calendar.
  916  
  917  The commissioner may, based on collaboration and input from
  918  school districts, design and implement student testing programs,
  919  for any grade level and subject area, necessary to effectively
  920  monitor educational achievement in the state, including the
  921  measurement of educational achievement of the Next Generation
  922  Sunshine State Standards for students with disabilities.
  923  Development and refinement of assessments shall include
  924  universal design principles and accessibility standards that
  925  will prevent any unintended obstacles for students with
  926  disabilities while ensuring the validity and reliability of the
  927  test. These principles should be applicable to all technology
  928  platforms and assistive devices available for the assessments.
  929  The field testing process and psychometric analyses for the
  930  statewide assessment program must include an appropriate
  931  percentage of students with disabilities and an evaluation or
  932  determination of the effect of test items on such students.
  933         (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED
  934  ACTIVITIES.—Beginning with the 2008-2009 school year, a district
  935  school board shall prohibit each public school from suspending a
  936  regular program of curricula for purposes of administering
  937  practice tests or engaging in other test-preparation activities
  938  for a statewide assessment. However, a district school board may
  939  authorize a public school to engage in the following test
  940  preparation activities for a statewide assessment:
  941         (b) Providing individualized instruction in test-taking
  942  strategies, without suspending the school’s regular program of
  943  curricula, for a student who is identified through performance
  944  on a subject area assessment or an end-of-course assessment as
  945  having a deficiency in test-taking skills scores at Level 1 or
  946  Level 2 on a prior administration of the statewide assessment.
  947         (c) Providing individualized instruction in the content
  948  knowledge and skills assessed, without suspending the school’s
  949  regular program of curricula, for a student who scores at Level
  950  1 or Level 2 on a prior administration of the statewide
  951  assessment or a student who, through a diagnostic assessment
  952  administered by the school district, is identified as having a
  953  deficiency in the content knowledge and skills assessed.
  954         (7) REQUIRED ANALYSES.—The commissioner shall provide, at a
  955  minimum, for the following analyses of data produced by the
  956  student achievement testing program:
  957         (a) The statistical system for the annual assessments shall
  958  use measures of student learning, such as subject area
  959  assessments and end-of-course assessments the FCAT, to determine
  960  teacher, school, and school district statistical distributions,
  961  which shall be determined using available data from the
  962  assessments FCAT, and other data collection as deemed
  963  appropriate by the Department of Education, to measure the
  964  differences in student prior year achievement compared to the
  965  current year achievement for the purposes of accountability and
  966  recognition.
  967         (9) APPLICABILITY OF TESTING STANDARDS.—
  968         (b) A student must attain the passing scores on the
  969  statewide assessment required for a standard high school diploma
  970  or for high school course credits under sub-sub-subparagraphs
  971  (3)(c)2.a.(I) and (II) which are in effect at the time the
  972  student enters grade 9. If a student transfers into a high
  973  school, the school principal shall determine, in accordance with
  974  State Board of Education rule, whether the student must take an
  975  end-of-course assessment in a course for which the student has
  976  credit that was earned from the previous school.
  977         (c) If the commissioner revises a statewide assessment and
  978  the revisions require the State Board of Education to modify the
  979  passing scores required for a standard high school diploma or
  980  for high school course credits under sub-sub-subparagraphs
  981  (3)(c)2.a.(I) and (II), the commissioner may, with approval of
  982  the state board, discontinue administration of the former
  983  assessment upon the graduation, based on normal student
  984  progression, of students participating in the final regular
  985  administration of the former assessment. The state board shall
  986  adopt by rule passing scores for the revised assessment which
  987  are statistically equivalent to passing scores on the
  988  discontinued assessment for a student required under paragraph
  989  (b) to attain passing scores on the discontinued assessment.
  990         (10) CONCORDANT SCORES FOR THE FCAT.—
  991         (a) The Commissioner of Education shall analyze the content
  992  and concordant data sets for nationally recognized high school
  993  achievement tests, including, but not limited to, the PSAT,
  994  PLAN, SAT, ACT, and College Placement Test, to assess if
  995  concordant scores for FCAT scores can be determined for high
  996  school graduation. When content alignment and concordant scores
  997  can be determined, the Commissioner of Education shall adopt
  998  those scores as meeting the graduation requirement in lieu of
  999  achieving the FCAT passing score and may adopt those scores as
 1000  being sufficient to achieve additional purposes as determined by
 1001  rule. Each time that test content or scoring procedures change
 1002  for the FCAT or for a high school achievement test for which a
 1003  concordant score is determined, new concordant scores must be
 1004  determined.
 1005         (b) The State Board of Education may define by rule the
 1006  allowable uses, other than to satisfy the high school graduation
 1007  requirement, for concordant scores as described in this
 1008  subsection. Such uses may include, but need not be limited to,
 1009  achieving appropriate standardized test scores required for the
 1010  awarding of Florida Bright Futures Scholarships and college
 1011  placement.
 1012         (10)(11) EQUIVALENT SCORES FOR END-OF-COURSE ASSESSMENTS.—
 1013         (a) The Commissioner of Education shall analyze the content
 1014  and equivalent data sets for nationally recognized high school
 1015  achievement tests and industry certification tests under the
 1016  Industry Certification Funding List, pursuant to rules adopted
 1017  by the State Board of Education, including, but not limited to,
 1018  grade 10 FCAT Mathematics retakes until such retakes are
 1019  discontinued pursuant to subsection (9), the PSAT, the PLAN, the
 1020  SAT, the ACT, and the College Placement Test, to assess if
 1021  equivalent scores for end-of-course assessment scores can be
 1022  determined for passage of an end-of-course assessment. When
 1023  content alignment and equivalent scores can be determined, the
 1024  Commissioner of Education shall adopt those scores as meeting
 1025  the requirement to pass the end-of-course assessment and as
 1026  being sufficient to achieve additional purposes as determined by
 1027  rule. Each time that assessment content or scoring procedures
 1028  change for an end-of-course assessment or for a high school
 1029  achievement test or an industry certification test under the
 1030  Industry Certification Funding List, pursuant to rules adopted
 1031  by the State Board of Education for which an equivalent score is
 1032  determined, new equivalent scores must be determined.
 1033         (b) Use of an equivalent score adopted by the State Board
 1034  of Education under paragraph (a) for purposes of grade
 1035  adjustment, grade forgiveness, or course credit recovery is
 1036  contingent upon and subject to district school board rules.
 1037         (11)(12) REPORTS.—The Department of Education shall
 1038  annually provide a report to the Governor, the President of the
 1039  Senate, and the Speaker of the House of Representatives on the
 1040  following:
 1041         (a) Longitudinal performance of students in mathematics and
 1042  reading.
 1043         (b) Longitudinal performance of students by grade level in
 1044  mathematics and reading.
 1045         (c) Longitudinal performance regarding efforts to close the
 1046  achievement gap.
 1047         (d) Other student performance data based on national norm
 1048  referenced and criterion-referenced tests, when available, and
 1049  numbers of students who after 8th grade enroll in adult
 1050  education rather than other secondary education.
 1051         (12)(13) RULES.—The State Board of Education shall adopt
 1052  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 1053  provisions of this section.
 1054         Section 10. Subsection (1), paragraph (b) of subsection
 1055  (2), subsections (3) and (4), paragraphs (b) and (c) of
 1056  subsection (5), paragraphs (b) and (c) of subsection (6),
 1057  paragraph (b) of subsection (7), and paragraphs (a) and (b) of
 1058  subsection (8) of section 1008.25, Florida Statutes, are amended
 1059  to read:
 1060         1008.25 Public school student progression; remedial
 1061  instruction; reporting requirements.—
 1062         (1) INTENT.—It is the intent of the Legislature that each
 1063  student’s progression from one grade to another be determined,
 1064  in part, upon proficiency in language arts reading, writing,
 1065  science, and mathematics; that district school board policies
 1066  facilitate such proficiency; and that each student and his or
 1067  her parent be informed of that student’s academic progress.
 1068         (2) COMPREHENSIVE PROGRAM.—Each district school board shall
 1069  establish a comprehensive program for student progression which
 1070  must include:
 1071         (b) Specific levels of performance in language arts
 1072  reading, writing, science, and mathematics for each grade level,
 1073  including the levels of performance on statewide assessments as
 1074  defined by the commissioner, below which a student must receive
 1075  remediation or intervention services, or be retained within an
 1076  intensive program that is different from the previous year’s
 1077  program and that takes into account the student’s learning
 1078  style.
 1079         (3) ALLOCATION OF RESOURCES.—District school boards shall
 1080  allocate remedial and supplemental instruction and intervention
 1081  resources to students in the following priority:
 1082         (a) Students who are deficient in reading by the end of
 1083  grade 3.
 1084         (b) Students who fail to meet performance levels required
 1085  for promotion consistent with the district school board’s plan
 1086  for student progression required in paragraph (2)(b).
 1087         (4) ASSESSMENT AND REMEDIATION.—
 1088         (a) Each student must participate in the statewide
 1089  assessment program tests required by s. 1008.22. Each student
 1090  who does not meet specific levels of performance as determined
 1091  by the district school board in language arts FCAT reading,
 1092  writing, science, and mathematics for each grade level, or who
 1093  scores below Level 3 in FCAT reading or FCAT mathematics, must
 1094  be provided with additional diagnostic assessments to determine
 1095  the nature of the student’s difficulty, the areas of academic
 1096  need, and strategies for appropriate intervention and
 1097  instruction as described in paragraph (b).
 1098         (b) The school in which the student is enrolled must
 1099  develop, in consultation with the student’s parent, and must
 1100  implement a progress monitoring plan. A progress monitoring plan
 1101  is intended to provide the school district and the school
 1102  flexibility in meeting the academic needs of the student and to
 1103  reduce paperwork. A student who is not meeting the school
 1104  district or state requirements for proficiency in reading and
 1105  math shall be covered by one of the following plans to target
 1106  instruction and identify ways to improve his or her academic
 1107  achievement:
 1108         1. A federally required student plan such as an individual
 1109  education plan;
 1110         2. A schoolwide system of progress monitoring for all
 1111  students; or
 1112         3. An individualized progress monitoring plan.
 1113  
 1114  The plan chosen must be designed to assist the student or the
 1115  school in meeting state and district expectations for
 1116  proficiency. If the student has been identified as having a
 1117  deficiency in reading, the K-12 comprehensive reading plan
 1118  required by s. 1011.62(9) shall include instructional and
 1119  support services to be provided to meet the desired levels of
 1120  performance. District school boards may require low-performing
 1121  students to attend remediation or intervention programs held
 1122  before or after regular school hours or during the summer if
 1123  transportation is provided.
 1124         (c) Upon subsequent evaluation, if the documented
 1125  deficiency has not been remediated, the student may be retained.
 1126  Each student who does not meet the minimum performance
 1127  expectations defined by the Commissioner of Education for the
 1128  statewide assessment tests in language arts reading, writing,
 1129  science, and mathematics must continue to be provided with
 1130  remedial or supplemental instruction or intervention services
 1131  until the expectations are met or the student graduates from
 1132  high school or is not subject to compulsory school attendance.
 1133         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
 1134         (b) Beginning with the 2002-2003 school year, If the
 1135  student’s reading deficiency, as identified in paragraph (a), is
 1136  not remedied by the end of grade 3, as demonstrated by scoring
 1137  at Level 2 or higher on the statewide subject area assessment
 1138  test in reading for grade 3, the student may must be retained at
 1139  the discretion of the principal after consultation with the
 1140  student’s teacher and parent.
 1141         (c) The parent of any student who exhibits a substantial
 1142  deficiency in reading, as described in paragraph (a), must be
 1143  notified in writing of the following:
 1144         1. That his or her child has been identified as having a
 1145  substantial deficiency in reading.
 1146         2. A description of the current services that are provided
 1147  to the child.
 1148         3. A description of the proposed supplemental instructional
 1149  services and supports that will be provided to the child that
 1150  are designed to remediate the identified area of reading
 1151  deficiency.
 1152         4. That if the child’s reading deficiency is not remediated
 1153  by the end of grade 3, the child may must be retained unless he
 1154  or she is exempt from mandatory retention for good cause.
 1155         5. Strategies for parents to use in helping their child
 1156  succeed in reading proficiency.
 1157         6. That the statewide subject area assessment Florida
 1158  Comprehensive Assessment Test (FCAT) is not the sole determiner
 1159  of promotion and that additional evaluations, portfolio reviews,
 1160  and assessments are available to the child to assist parents and
 1161  the school district in knowing when a child is reading at or
 1162  above grade level and ready for grade promotion.
 1163         7. The district’s specific criteria and policies for
 1164  midyear promotion. Midyear promotion means promotion of a
 1165  retained student at any time during the year of retention once
 1166  the student has demonstrated ability to read at grade level.
 1167         (6) ELIMINATION OF SOCIAL PROMOTION.—
 1168         (b) The district school board may promote students only
 1169  exempt students from mandatory retention, as provided in
 1170  paragraph (5)(b), for good cause. Students promoted for good
 1171  cause may include, but are not limited to, exemptions shall be
 1172  limited to the following:
 1173         1. Limited English proficient students who have had less
 1174  than 2 years of instruction in an English for Speakers of Other
 1175  Languages program.
 1176         2. Students with disabilities whose individual education
 1177  plan indicates that participation in the statewide assessment
 1178  program is not appropriate, consistent with the requirements of
 1179  State Board of Education rule.
 1180         3. Students who demonstrate an acceptable level of
 1181  performance on an alternative standardized reading assessment
 1182  approved by the State Board of Education.
 1183         4. Students who demonstrate, through a student portfolio,
 1184  that the student is reading on grade level as evidenced by
 1185  demonstration of mastery of the Next Generation Sunshine State
 1186  Standards in reading equal to at least a Level 2 performance on
 1187  the FCAT.
 1188         5. Students with disabilities who participate in the FCAT
 1189  and who have an individual education plan or a Section 504 plan
 1190  that reflects that the student has received intensive
 1191  remediation or intervention services in reading for more than 2
 1192  years but still demonstrates a deficiency in reading and was
 1193  previously retained in kindergarten, grade 1, grade 2, or grade
 1194  3.
 1195         6. Students who have received intensive remediation or
 1196  intervention services in reading for 2 or more years but still
 1197  demonstrate a deficiency in reading and who were previously
 1198  retained in kindergarten, grade 1, grade 2, or grade 3 for a
 1199  total of 2 years. Intensive reading instruction or intervention
 1200  services for students so promoted must include an altered
 1201  instructional day that includes specialized diagnostic
 1202  information and specific reading strategies for each student.
 1203  The district school board shall assist schools and teachers to
 1204  implement reading strategies that research has shown to be
 1205  successful in improving reading among low-performing readers.
 1206         (c) Promotions for good cause Requests for good cause
 1207  exemptions for students from the mandatory retention requirement
 1208  as described in subparagraphs (b)3. and 4. shall be made
 1209  consistent with the following:
 1210         1. Documentation shall be submitted from the student’s
 1211  teacher to the school principal that indicates that the
 1212  promotion of the student is appropriate and is based upon the
 1213  student’s academic record. In order to minimize paperwork
 1214  requirements, such documentation shall consist only of the
 1215  existing progress monitoring plan, individual educational plan,
 1216  if applicable, report card, or student portfolio.
 1217         2. The school principal shall review and discuss such
 1218  recommendation with the teacher and make the determination as to
 1219  whether the student should be promoted or retained. If the
 1220  school principal determines that the student should be promoted,
 1221  the school principal shall make such recommendation in writing
 1222  to the district school superintendent. The district school
 1223  superintendent shall accept or reject the school principal’s
 1224  recommendation in writing.
 1225         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.—
 1226         (b) Beginning with the 2004-2005 school year, Each school
 1227  district shall:
 1228         1. Conduct a review of student progress monitoring plans
 1229  for all students who did not score above Level 1 on the reading
 1230  portion of the FCAT and did not meet the criteria for a one of
 1231  the good cause promotion exemptions in paragraph (6)(b). The
 1232  review shall address additional supports and services, as
 1233  described in this subsection, needed to remediate the identified
 1234  areas of reading deficiency. The school district shall require a
 1235  student portfolio to be completed for each such student.
 1236         2. Provide students who are retained under the provisions
 1237  of paragraph (5)(b) with intensive instructional services and
 1238  supports to remediate the identified areas of reading
 1239  deficiency, including a minimum of 90 minutes of daily,
 1240  uninterrupted, scientifically research-based reading instruction
 1241  and other strategies prescribed by the school district, which
 1242  may include, but are not limited to:
 1243         a. Small group instruction.
 1244         b. Reduced teacher-student ratios.
 1245         c. More frequent progress monitoring.
 1246         d. Tutoring or mentoring.
 1247         e. Transition classes containing 3rd and 4th grade
 1248  students.
 1249         f. Extended school day, week, or year.
 1250         g. Summer reading camps.
 1251         3. Provide written notification to the parent of any
 1252  student who is retained under the provisions of paragraph (5)(b)
 1253  that his or her child has not met the proficiency level required
 1254  for promotion and the reasons the child is not eligible for a
 1255  good cause promotion exemption as provided in paragraph (6)(b).
 1256  The notification must comply with the provisions of s.
 1257  1002.20(15) and must include a description of proposed
 1258  interventions and supports that will be provided to the child to
 1259  remediate the identified areas of reading deficiency.
 1260         4. Implement a policy for the midyear promotion of any
 1261  student retained under the provisions of paragraph (5)(b) who
 1262  can demonstrate that he or she is a successful and independent
 1263  reader, reading at or above grade level, and ready to be
 1264  promoted to grade 4. Tools that school districts may use in
 1265  reevaluating any student retained may include subsequent
 1266  assessments, alternative assessments, and portfolio reviews, in
 1267  accordance with rules of the State Board of Education. Students
 1268  promoted during the school year after November 1 must
 1269  demonstrate proficiency above that required to score at Level 2
 1270  on the grade 3 FCAT, as determined by the State Board of
 1271  Education. The State Board of Education shall adopt standards
 1272  that provide a reasonable expectation that the student’s
 1273  progress is sufficient to master appropriate 4th grade level
 1274  reading skills.
 1275         5. Provide students who are retained under the provisions
 1276  of paragraph (5)(b) with a high-performing teacher as determined
 1277  by student performance data and above-satisfactory performance
 1278  appraisals.
 1279         6. In addition to required reading enhancement and
 1280  acceleration strategies, provide parents of students to be
 1281  retained with at least one of the following instructional
 1282  options:
 1283         a. Supplemental tutoring in scientifically research-based
 1284  reading services in addition to the regular reading block,
 1285  including tutoring before and/or after school.
 1286         b. A “Read at Home” plan outlined in a parental contract,
 1287  including participation in “Families Building Better Readers
 1288  Workshops” and regular parent-guided home reading.
 1289         c. A mentor or tutor with specialized reading training.
 1290         7. Establish a Reading Enhancement and Acceleration
 1291  Development (READ) Initiative. The focus of the READ Initiative
 1292  shall be to prevent the retention of grade 3 students and to
 1293  offer intensive accelerated reading instruction to grade 3
 1294  students who failed to meet standards for promotion to grade 4
 1295  and to each K-3 student who is assessed as exhibiting a reading
 1296  deficiency. The READ Initiative shall:
 1297         a. Be provided to all K-3 students at risk of retention as
 1298  identified by the statewide assessment system used in Reading
 1299  First schools. The assessment must measure phonemic awareness,
 1300  phonics, fluency, vocabulary, and comprehension.
 1301         b. Be provided during regular school hours in addition to
 1302  the regular reading instruction.
 1303         c. Provide a state-identified reading curriculum that has
 1304  been reviewed by the Florida Center for Reading Research at
 1305  Florida State University and meets, at a minimum, the following
 1306  specifications:
 1307         (I) Assists students assessed as exhibiting a reading
 1308  deficiency in developing the ability to read at grade level.
 1309         (II) Provides skill development in phonemic awareness,
 1310  phonics, fluency, vocabulary, and comprehension.
 1311         (III) Provides scientifically based and reliable
 1312  assessment.
 1313         (IV) Provides initial and ongoing analysis of each
 1314  student’s reading progress.
 1315         (V) Is implemented during regular school hours.
 1316         (VI) Provides a curriculum in core academic subjects to
 1317  assist the student in maintaining or meeting proficiency levels
 1318  for the appropriate grade in all academic subjects.
 1319         8. Establish at each school, where applicable, an Intensive
 1320  Acceleration Class for retained grade 3 students who
 1321  subsequently score at Level 1 on the reading portion of the
 1322  FCAT. The focus of the Intensive Acceleration Class shall be to
 1323  increase a child’s reading level at least two grade levels in 1
 1324  school year. The Intensive Acceleration Class shall:
 1325         a. Be provided to any student in grade 3 who does not meet
 1326  the proficiency level in reading required for promotion scores
 1327  at Level 1 on the reading portion of the FCAT and who was
 1328  retained in grade 3 the prior year because of inadequate
 1329  proficiency in reading scoring at Level 1 on the reading portion
 1330  of the FCAT.
 1331         b. Have a reduced teacher-student ratio.
 1332         c. Provide uninterrupted reading instruction for the
 1333  majority of student contact time each day and incorporate
 1334  opportunities to master the grade 4 Next Generation Sunshine
 1335  State Standards in other core subject areas.
 1336         d. Use a reading program that is scientifically research
 1337  based and has proven results in accelerating student reading
 1338  achievement within the same school year.
 1339         e. Provide intensive language and vocabulary instruction
 1340  using a scientifically research-based program, including use of
 1341  a speech-language therapist.
 1342         f. Include weekly progress monitoring measures to ensure
 1343  progress is being made.
 1344         g. Report to the Department of Education, in the manner
 1345  described by the department, the progress of students in the
 1346  class at the end of the first semester.
 1347         9. Report to the State Board of Education, as requested, on
 1348  the specific intensive reading interventions and supports
 1349  implemented at the school district level. The Commissioner of
 1350  Education shall annually prescribe the required components of
 1351  requested reports.
 1352         10. Provide a student who has been retained in grade 3 and
 1353  has received intensive instructional services but is still not
 1354  ready for grade promotion, as determined by the school district,
 1355  the option of being placed in a transitional instructional
 1356  setting. Such setting shall specifically be designed to produce
 1357  learning gains sufficient to meet grade 4 performance standards
 1358  while continuing to remediate the areas of reading deficiency.
 1359         (8) ANNUAL REPORT.—
 1360         (a) In addition to the requirements in paragraph (5)(b),
 1361  each district school board must annually report to the parent of
 1362  each student the progress of the student toward achieving state
 1363  and district expectations for proficiency in language arts
 1364  reading, writing, science, and mathematics. The district school
 1365  board must report to the parent the student’s results on each
 1366  statewide assessment test. The evaluation of each student’s
 1367  progress must be based upon the student’s classroom work,
 1368  observations, tests, district and state assessments, and other
 1369  relevant information. Progress reporting must be provided to the
 1370  parent in writing in a format adopted by the district school
 1371  board.
 1372         (b) Each district school board must annually publish in the
 1373  local newspaper, and report in writing to the State Board of
 1374  Education by September 1 of each year, the following information
 1375  on the prior school year:
 1376         1. The provisions of this section relating to public school
 1377  student progression and the district school board’s policies and
 1378  procedures on student retention and promotion.
 1379         2. By grade, the number and percentage of all students in
 1380  grades 3 through 12 10 performing below proficiency levels for
 1381  the grade on statewide subject area assessments and end-of
 1382  course assessments in language arts, mathematics, and science at
 1383  Levels 1 and 2 on the reading portion of the FCAT.
 1384         3. By grade, the number and percentage of all students
 1385  retained in grades 3 through 12 10.
 1386         4. Information on the total number of students who were
 1387  promoted for good cause, by each category of good cause as
 1388  specified in paragraph (6)(b).
 1389         5. Any revisions to the district school board’s policy on
 1390  student retention and promotion from the prior year.
 1391         Section 11. Subsection (3) of section 1008.30, Florida
 1392  Statutes, is amended to read:
 1393         1008.30 Common placement testing for public postsecondary
 1394  education.—
 1395         (3) The State Board of Education shall adopt rules that
 1396  require high schools to evaluate before the beginning of grade
 1397  12 the college readiness of each student who indicates an
 1398  interest in postsecondary education scores at Level 2 or Level 3
 1399  on the reading portion of the grade 10 FCAT or Level 2, Level 3,
 1400  or Level 4 on the mathematics assessments under s.
 1401  1008.22(3)(c). High schools shall perform this evaluation using
 1402  results from the corresponding component of the common placement
 1403  test prescribed in this section, or an equivalent test
 1404  identified by the State Board of Education. The State Board of
 1405  Education shall identify in rule the assessments necessary to
 1406  perform the evaluations required by this subsection and shall
 1407  work with the school districts to administer the assessments.
 1408  The State Board of Education shall establish by rule the minimum
 1409  test scores a student must achieve to demonstrate readiness.
 1410  Students who demonstrate readiness by achieving the minimum test
 1411  scores established by the state board and enroll in a Florida
 1412  College System institution within 2 years after of achieving
 1413  such scores shall not be required to retest or enroll in
 1414  remediation when admitted to any Florida College System
 1415  institution. The high school shall use the results of the test
 1416  to advise the students of any identified deficiencies and to
 1417  provide 12th grade students, and require them to complete,
 1418  appropriate postsecondary preparatory instruction prior to high
 1419  school graduation. The curriculum provided under this subsection
 1420  shall be identified in rule by the State Board of Education and
 1421  encompass Florida’s Postsecondary Readiness Competencies. Other
 1422  elective courses may not be substituted for the selected
 1423  postsecondary reading, mathematics, or writing preparatory
 1424  course unless the elective course covers the same competencies
 1425  included in the postsecondary reading, mathematics, or writing
 1426  preparatory course.
 1427         Section 12. Paragraphs (b) and (c) of subsection (3) and
 1428  subsection (4) of section 1008.34, Florida Statutes, are amended
 1429  to read:
 1430         1008.34 School grading system; school report cards;
 1431  district grade.—
 1432         (3) DESIGNATION OF SCHOOL GRADES.—
 1433         (b)1. Beginning with the 2016-2017 school year for schools
 1434  comprised of any combination of grades 3 through 8, 25 percent
 1435  of the school grade shall be based on subject area assessment
 1436  scores or end-of-course assessment scores in core and noncore
 1437  subjects administered under s. 1008.22, as applicable, and the
 1438  remaining 75 percent on the following factors:
 1439         a. Student achievement scores, including achievement scores
 1440  for students seeking a special diploma;
 1441         b. Student learning gains as measured by annual subject
 1442  area assessments in grades 3 through 5 or end-of-course
 1443  assessments in grades 6 through 8 and learning gains for
 1444  students seeking a special diploma as measured by alternate
 1445  assessment tools, if necessary;
 1446         c. Improvement of the lowest 25th percentile of students in
 1447  the school on subject area assessments in grades 3 through 5 or
 1448  end-of-course assessments in grades 6 through 8, unless these
 1449  students are exhibiting satisfactory performance;
 1450         d. The overall academic performance of the students in the
 1451  school based on grade point average, student portfolios,
 1452  readiness for grade promotion, and, if determined by the State
 1453  Board of Education, other measurable indicators of student
 1454  progress;
 1455         e. The growth or decline in the components listed in sub
 1456  subparagraphs a.-d. from year to year; and
 1457         f. The school’s use of technology and innovative practices.
 1458  A school’s grade shall be based on a combination of:
 1459         a. Student achievement scores, including achievement on all
 1460  FCAT assessments administered under s. 1008.22(3)(c)1., end-of
 1461  course assessments administered under s. 1008.22(3)(c)2.a., and
 1462  achievement scores for students seeking a special diploma.
 1463         b. Student learning gains in reading and mathematics as
 1464  measured by FCAT and end-of-course assessments, as described in
 1465  s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
 1466  a special diploma, as measured by an alternate assessment tool,
 1467  shall be included not later than the 2009-2010 school year.
 1468         c. Improvement of the lowest 25th percentile of students in
 1469  the school in reading and mathematics on the FCAT or end-of
 1470  course assessments described in s. 1008.22(3)(c)2.a., unless
 1471  these students are exhibiting satisfactory performance.
 1472         2. Beginning with the 2011-2012 school year, for schools
 1473  comprised of middle school grades 6 through 8 or grades 7 and 8,
 1474  the school’s grade shall include the performance and
 1475  participation of its students enrolled in high school level
 1476  courses with end-of-course assessments administered under s.
 1477  1008.22(3)(c)2.a. Performance and participation must be weighted
 1478  equally. As valid data becomes available, the school grades
 1479  shall include the students’ attainment of national industry
 1480  certification identified in the Industry Certification Funding
 1481  List pursuant to rules adopted by the State Board of Education.
 1482         3. Beginning with the 2016-2017 2009-2010 school year for
 1483  schools comprised of high school grades 9, 10, 11, and 12, or
 1484  grades 10, 11, and 12:
 1485         a. Fifty, 50 percent of the school grade shall be based on
 1486  a combination of the following factors:
 1487         (I) Student achievement scores, including achievement
 1488  scores for students seeking a special diploma;
 1489         (II) Student learning gains as measured by end-of-course
 1490  assessments and learning gains for students seeking a special
 1491  diploma as measured by alternate assessment tools, if necessary;
 1492  and
 1493         (III) Improvement of the lowest 25th percentile of students
 1494  in the school on end-of-course assessments, unless these
 1495  students are exhibiting satisfactory performance. listed in sub
 1496  subparagraphs 1.a.-c. and
 1497         b. The remaining 50 percent of the school grade shall be
 1498  based on the following factors:
 1499         (I)a. The high school graduation rate of the school;
 1500         (II)b. As valid data becomes available, the performance and
 1501  participation of the school’s students in College Board Advanced
 1502  Placement courses, International Baccalaureate courses, dual
 1503  enrollment courses, and Advanced International Certificate of
 1504  Education courses; and the students’ achievement of national
 1505  industry certification identified in the Industry Certification
 1506  Funding List, pursuant to rules adopted by the State Board of
 1507  Education;
 1508         (III)c. Postsecondary readiness of the school’s students as
 1509  measured by the SAT, ACT, or the common placement test;
 1510         (IV)d. The high school graduation rate of at-risk students
 1511  who did not meet proficiency levels scored at Level 2 or lower
 1512  on the grade 8 end-of-course assessments in language arts,
 1513  mathematics, and science FCAT Reading and Mathematics
 1514  examinations;
 1515         (V)e.As valid data becomes available, The performance of
 1516  the school’s students on statewide standardized end-of-course
 1517  assessments administered under s. 1008.22(3)(c)2.c. and d.; and
 1518         (VI)f. The growth or decline in the components listed in
 1519  sub-sub-subparagraphs (I)-(V) sub-subparagraphs a.-e. from year
 1520  to year.
 1521         (c) Student assessment data used in determining school
 1522  grades shall include:
 1523         1. The aggregate scores of all eligible students enrolled
 1524  in the school who have been assessed on the FCAT and statewide,
 1525  standardized end-of-course assessments in courses required for
 1526  high school graduation, including, beginning with the 2010-2011
 1527  school year, the end-of-course assessment in Algebra I; and
 1528  beginning with the 2011-2012 school year, the end-of-course
 1529  assessments in geometry and Biology; and beginning with the
 1530  2013-2014 school year, on the statewide, standardized end-of
 1531  course assessment in civics education at the middle school
 1532  level.
 1533         2. The aggregate scores of all eligible students enrolled
 1534  in the school who have been assessed on the FCAT and end-of
 1535  course assessments as described in s. 1008.22(3)(c)2.a., and who
 1536  have scored at or in the lowest 25th percentile of students in
 1537  the school in reading and mathematics, unless these students are
 1538  exhibiting satisfactory performance.
 1539         3. The achievement scores and learning gains of eligible
 1540  students attending alternative schools that provide dropout
 1541  prevention and academic intervention services pursuant to s.
 1542  1003.53. The term “eligible students” in this subparagraph does
 1543  not include students attending an alternative school who are
 1544  subject to district school board policies for expulsion for
 1545  repeated or serious offenses, who are in dropout retrieval
 1546  programs serving students who have officially been designated as
 1547  dropouts, or who are in programs operated or contracted by the
 1548  Department of Juvenile Justice. The student performance data for
 1549  eligible students identified in this subparagraph shall be
 1550  included in the calculation of the home school’s grade. As used
 1551  in this subparagraph and s. 1008.341, the term “home school”
 1552  means the school to which the student would be assigned if the
 1553  student were not assigned to an alternative school. If an
 1554  alternative school chooses to be graded under this section,
 1555  student performance data for eligible students identified in
 1556  this subparagraph shall not be included in the home school’s
 1557  grade but shall be included only in the calculation of the
 1558  alternative school’s grade. A school district that fails to
 1559  assign the FCAT and end-of-course assessment as described in s.
 1560  1008.22(3)(c)2.a. scores of each of its students to his or her
 1561  home school or to the alternative school that receives a grade
 1562  shall forfeit Florida School Recognition Program funds for 1
 1563  fiscal year. School districts must require collaboration between
 1564  the home school and the alternative school in order to promote
 1565  student success. This collaboration must include an annual
 1566  discussion between the principal of the alternative school and
 1567  the principal of each student’s home school concerning the most
 1568  appropriate school assignment of the student.
 1569         4. The achievement scores and learning gains of students
 1570  designated as hospital- or homebound. Student assessment data
 1571  for students designated as hospital- or homebound shall be
 1572  assigned to their home school for the purposes of school grades.
 1573  As used in this subparagraph, the term “home school” means the
 1574  school to which a student would be assigned if the student were
 1575  not assigned to a hospital- or homebound program.
 1576         5. Beginning with the 2016-2017 school year for schools
 1577  comprised of high school grades 9, 10, 11, and 12, or grades 10,
 1578  11, and 12, the data listed in subparagraphs 1.-3. and the
 1579  following data as the Department of Education determines such
 1580  data are valid and available:
 1581         a. The high school graduation rate of the school as
 1582  calculated by the Department of Education;
 1583         b. The participation rate of all eligible students enrolled
 1584  in the school and enrolled in College Board Advanced Placement
 1585  courses; International Baccalaureate courses; dual enrollment
 1586  courses; Advanced International Certificate of Education
 1587  courses; and courses or sequences of courses leading to national
 1588  industry certification identified in the Industry Certification
 1589  Funding List, pursuant to rules adopted by the State Board of
 1590  Education;
 1591         c. The aggregate scores of all eligible students enrolled
 1592  in the school in College Board Advanced Placement courses,
 1593  International Baccalaureate courses, and Advanced International
 1594  Certificate of Education courses;
 1595         d. Earning of college credit by all eligible students
 1596  enrolled in the school in dual enrollment programs under s.
 1597  1007.271;
 1598         e. Earning of a national industry certification identified
 1599  in the Industry Certification Funding List, pursuant to rules
 1600  adopted by the State Board of Education;
 1601         f. The aggregate scores of all eligible students enrolled
 1602  in the school in reading, mathematics, and other subjects as
 1603  measured by the SAT, the ACT, and the common placement test for
 1604  postsecondary readiness;
 1605         g. The high school graduation rate of all eligible at-risk
 1606  students enrolled in the school who did not meet proficiency
 1607  levels scored at Level 2 or lower on the grade 8 end-of-course
 1608  assessments in language arts, mathematics, and science FCAT
 1609  Reading and Mathematics examinations;
 1610         h. The performance of the school’s students on statewide
 1611  standardized end-of-course assessments administered under s.
 1612  1008.22(3)(c)2.c. and d.; and
 1613         i. The growth or decline in the data components listed in
 1614  sub-subparagraphs a.-h. from year to year.
 1615  
 1616  The State Board of Education shall adopt appropriate criteria
 1617  for each school grade. The criteria must also give added weight
 1618  to student achievement in language arts reading. Schools
 1619  designated with a grade of “C,” making satisfactory progress,
 1620  shall be required to demonstrate that adequate progress has been
 1621  made by students in the school who are in the lowest 25th
 1622  percentile on subject area assessments or end-of-course
 1623  assessments in language arts reading and mathematics on the FCAT
 1624  and on end-of-course assessments as described in s.
 1625  1008.22(3)(c)2.a., unless these students are exhibiting
 1626  satisfactory performance. Beginning with the 2016-2017 2009-2010
 1627  school year for schools comprised of high school grades 9, 10,
 1628  11, and 12, or grades 10, 11, and 12, the criteria for school
 1629  grades must also give added weight to the graduation rate of all
 1630  eligible at-risk students, as defined in this paragraph.
 1631  Beginning in the 2016-2017 2009-2010 school year, in order for a
 1632  high school to be designated as having a grade of “A,” making
 1633  excellent progress, the school must demonstrate that at-risk
 1634  students, as defined in this paragraph, in the school are making
 1635  adequate progress.
 1636         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
 1637  identify each school’s performance as having improved, remained
 1638  the same, or declined. This school improvement rating shall be
 1639  based on a comparison of the current year’s and previous year’s
 1640  student and school performance data. Schools that improve at
 1641  least one grade level are eligible for school recognition awards
 1642  pursuant to s. 1008.36.
 1643         Section 13. Subsections (2) and (3) of section 1008.341,
 1644  Florida Statutes, are amended to read:
 1645         1008.341 School improvement rating for alternative
 1646  schools.—
 1647         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
 1648  provides dropout prevention and academic intervention services
 1649  pursuant to s. 1003.53 shall receive a school improvement rating
 1650  pursuant to this section. However, an alternative school shall
 1651  not receive a school improvement rating if the number of its
 1652  students for whom student performance data is available for the
 1653  current year and previous year is less than the minimum sample
 1654  size necessary, based on accepted professional practice, for
 1655  statistical reliability and prevention of the unlawful release
 1656  of personally identifiable student data under s. 1002.22 or 20
 1657  U.S.C. s. 1232g. The school improvement rating shall identify an
 1658  alternative school as having one of the following ratings
 1659  defined according to rules of the State Board of Education:
 1660         (a) “Improving” means the students attending the school are
 1661  making more academic progress than when the students were served
 1662  in their home schools.
 1663         (b) “Maintaining” means the students attending the school
 1664  are making progress equivalent to the progress made when the
 1665  students were served in their home schools.
 1666         (c) “Declining” means the students attending the school are
 1667  making less academic progress than when the students were served
 1668  in their home schools.
 1669  
 1670  The school improvement rating shall be based on a comparison of
 1671  student performance data for the current year and previous year.
 1672  Schools that improve at least one level or maintain an
 1673  “improving” rating pursuant to this section are eligible for
 1674  school recognition awards pursuant to s. 1008.36.
 1675         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data
 1676  used in determining an alternative school’s school improvement
 1677  rating shall include:
 1678         (a) The aggregate scores on statewide assessments
 1679  administered under s. 1008.22 for all eligible students who were
 1680  assigned to and enrolled in the school during the October or
 1681  February FTE count and who have FCAT or comparable scores for
 1682  the preceding school year.
 1683         (b) The overall academic performance of all eligible
 1684  students in grades 3 through 12 based on grade point average,
 1685  student portfolios, readiness for grade promotion, readiness for
 1686  postsecondary education and careers, and, if determined by the
 1687  State Board of Education, other measurable indicators of student
 1688  progress. 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 scored in the lowest 25th
 1692  percentile of students in the state on FCAT Reading.
 1693  
 1694  The assessment scores of students who are subject to district
 1695  school board policies for expulsion for repeated or serious
 1696  offenses, who are in dropout retrieval programs serving students
 1697  who have officially been designated as dropouts, or who are in
 1698  programs operated or contracted by the Department of Juvenile
 1699  Justice may not be included in an alternative school’s school
 1700  improvement rating.
 1701         Section 14. Section 1008.36, Florida Statutes, is amended
 1702  to read:
 1703         1008.36 Every Child Matters Program Florida School
 1704  Recognition Program.—
 1705         (1) The Legislature finds that in order to provide every
 1706  student enrolled in K-12 public schools with the opportunity to
 1707  achieve a successful public education, academic problems must be
 1708  identified early, with remediation and intervention services to
 1709  follow there is a need for a performance incentive program for
 1710  outstanding faculty and staff in highly productive schools. The
 1711  Legislature further finds that performance-based incentives are
 1712  commonplace in the private sector and should be infused into the
 1713  public sector as a reward for productivity.
 1714         (2) The Every Child Matters Program Florida School
 1715  Recognition Program is created to provide financial awards to
 1716  public schools that:
 1717         (a) A curriculum-based, year-round measurement of academic
 1718  performance for all public school students enrolled in
 1719  kindergarten through grade 12. Sustain high performance by
 1720  receiving a school grade of “A,” making excellent progress; or
 1721         (b) Remediation and intervention services to all public
 1722  school students enrolled in kindergarten through grade 12 who
 1723  are not meeting grade-level performance expectations.
 1724  Demonstrate exemplary improvement due to innovation and effort
 1725  by improving at least one letter grade or by improving more than
 1726  one letter grade and sustaining the improvement the following
 1727  school year.
 1728         (3) All public schools, including charter schools, that
 1729  receive a school grade pursuant to s. 1008.34 are eligible to
 1730  participate in the program.
 1731         (4) All selected schools shall receive financial assistance
 1732  awards depending on the availability of funds appropriated and
 1733  the number and size of schools selected to receive an award.
 1734  Funds must be distributed to the school’s fiscal agent and
 1735  placed in the school’s account and must be used for purposes
 1736  listed in subsection (5) as determined jointly by the school’s
 1737  staff and school advisory council. If school staff and the
 1738  school advisory council cannot reach agreement by February 1,
 1739  the awards must be equally distributed to all classroom teachers
 1740  currently teaching in the school. If a school selected to
 1741  receive a school recognition award is no longer in existence at
 1742  the time the award is paid, the district school superintendent
 1743  shall distribute the funds to teachers who taught at the school
 1744  in the previous year in the form of a bonus.
 1745         (5) Every Child Matters Program funds School recognition
 1746  awards must be used for the following:
 1747         (a) Administration of a regular formative assessment
 1748  approved by the State Board of Education Nonrecurring bonuses to
 1749  the faculty and staff;
 1750         (b) Nonrecurring expenditures for remediation of low
 1751  performing students, including remediation programs and
 1752  intervention services adopted and administered by the Department
 1753  of Education;
 1754         (c)(b) Nonrecurring expenditures for educational equipment
 1755  or materials to assist in the remediation of low-performing
 1756  students; maintaining and improving student performance; or
 1757         (d)(c) Temporary personnel for the school to assist in the
 1758  remediation of low-performing students; maintaining and
 1759  improving student performance.
 1760         (e) Contracts with private sector participants to provide
 1761  remediation services if 90 percent of the personnel providing
 1762  services reside in the state and the contracts include
 1763  requirements to ensure that the private sector participants are
 1764  accountable for performance; or
 1765         (f) Transportation of students under a school district’s
 1766  controlled open enrollment plan pursuant to s. 1002.31.
 1767         (6) The Department of Education shall provide training and
 1768  informational resources for educators to administer the
 1769  formative assessment pursuant to paragraph (5)(a) and shall be
 1770  responsible for developing and implementing provisions for the
 1771  collection and analysis of the assessment data.
 1772         (7) The Department of Education shall establish policies
 1773  and procedures for the development of individual education plans
 1774  for low-performing students who receive remediation and
 1775  intervention services pursuant to this section.
 1776  
 1777  Notwithstanding statutory provisions to the contrary, incentive
 1778  awards are not subject to collective bargaining.
 1779         Section 15. Paragraph (b) of subsection (1) of section
 1780  1009.531, Florida Statutes, is amended to read:
 1781         1009.531 Florida Bright Futures Scholarship Program;
 1782  student eligibility requirements for initial awards.—
 1783         (1) Effective January 1, 2008, in order to be eligible for
 1784  an initial award from any of the three types of scholarships
 1785  under the Florida Bright Futures Scholarship Program, a student
 1786  must:
 1787         (b) Earn a standard Florida high school diploma or its
 1788  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43,
 1789  or s. 1003.435 unless:
 1790         1. The student completes a home education program according
 1791  to s. 1002.41; or
 1792         2. The student earns a high school diploma from a non
 1793  Florida school while living with a parent or guardian who is on
 1794  military or public service assignment away from Florida.
 1795         Section 16. Paragraph (d) of subsection (7) and paragraph
 1796  (c) of subsection (9) of section 1011.62, Florida Statutes, are
 1797  amended to read:
 1798         1011.62 Funds for operation of schools.—If the annual
 1799  allocation from the Florida Education Finance Program to each
 1800  district for operation of schools is not determined in the
 1801  annual appropriations act or the substantive bill implementing
 1802  the annual appropriations act, it shall be determined as
 1803  follows:
 1804         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
 1805         (d) Each district’s allocation of sparsity supplement funds
 1806  shall be adjusted in the following manner:
 1807         1. A maximum discretionary levy per FTE value for each
 1808  district shall be calculated by dividing the value of each
 1809  district’s maximum discretionary levy by its FTE student count.
 1810         2. A state average discretionary levy value per FTE shall
 1811  be calculated by dividing the total maximum discretionary levy
 1812  value for all districts by the state total FTE student count.
 1813         3. A total potential funds per FTE for each district shall
 1814  be calculated by dividing the total potential funds, not
 1815  including Every Child Matters Program Florida School Recognition
 1816  Program funds and the minimum guarantee funds, for each district
 1817  by its FTE student count.
 1818         4. A state average total potential funds per FTE shall be
 1819  calculated by dividing the total potential funds, not including
 1820  Every Child Matters Program Florida School Recognition Program
 1821  funds and the minimum guarantee funds, for all districts by the
 1822  state total FTE student count.
 1823         5. For districts that have a levy value per FTE as
 1824  calculated in subparagraph 1. higher than the state average
 1825  calculated in subparagraph 2., a sparsity wealth adjustment
 1826  shall be calculated as the product of the difference between the
 1827  state average levy value per FTE calculated in subparagraph 2.
 1828  and the district’s levy value per FTE calculated in subparagraph
 1829  1. and the district’s FTE student count and -1. However, no
 1830  district shall have a sparsity wealth adjustment that, when
 1831  applied to the total potential funds calculated in subparagraph
 1832  3., would cause the district’s total potential funds per FTE to
 1833  be less than the state average calculated in subparagraph 4.
 1834         6. Each district’s sparsity supplement allocation shall be
 1835  calculated by adding the amount calculated as specified in
 1836  paragraphs (a) and (b) and the wealth adjustment amount
 1837  calculated in this paragraph.
 1838         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 1839         (c) Funds allocated under this subsection must be used to
 1840  provide a system of comprehensive reading instruction to
 1841  students enrolled in the K-12 programs, which may include the
 1842  following:
 1843         1. The provision of highly qualified reading coaches.
 1844         2. Professional development for school district teachers in
 1845  scientifically based reading instruction, including strategies
 1846  to teach reading in content areas and with an emphasis on
 1847  technical and informational text.
 1848         3. The provision of summer reading camps for students who
 1849  are reading below grade level score at Level 1 on FCAT Reading.
 1850         4. The provision of supplemental instructional materials
 1851  that are grounded in scientifically based reading research.
 1852         5. The provision of intensive interventions for middle and
 1853  high school students reading below grade level.
 1854         Section 17. Paragraph (b) of subsection (1) of section
 1855  1012.22, Florida Statutes, is amended to read:
 1856         1012.22 Public school personnel; powers and duties of the
 1857  district school board.—The district school board shall:
 1858         (1) Designate positions to be filled, prescribe
 1859  qualifications for those positions, and provide for the
 1860  appointment, compensation, promotion, suspension, and dismissal
 1861  of employees as follows, subject to the requirements of this
 1862  chapter:
 1863         (b) Time to act on nominations.—The district school board
 1864  shall act not later than 3 weeks following the receipt of FCAT
 1865  scores and data, including school grades, or June 30, whichever
 1866  is later, on the district school superintendent’s nominations of
 1867  supervisors, principals, and members of the instructional staff.
 1868         Section 18. Effective July 1, 2012, paragraph (d) is added
 1869  to subsection (1) of section 1012.335, Florida Statutes, and
 1870  subsection (2) of that section is amended, to read:
 1871         1012.335 Contracts with instructional personnel hired on or
 1872  after July 1, 2011.—
 1873         (1) DEFINITIONS.—As used in this section, the term:
 1874         (d) “Professional performance contract” means an employment
 1875  contract for instructional personnel for a period of 3 school
 1876  years, which may be renewed for additional 1-year periods if the
 1877  employee has not received two consecutive annual performance
 1878  evaluation ratings of unsatisfactory, two annual performance
 1879  evaluation ratings of unsatisfactory within a 3-year period, or
 1880  three annual performance evaluation ratings of needs improvement
 1881  within a 5-year period under s. 1012.34.
 1882         (2) EMPLOYMENT.—
 1883         (a) Beginning July 1, 2012 2011, each individual newly
 1884  hired as instructional personnel by the district school board
 1885  shall be awarded a probationary contract. Upon successful
 1886  completion of the probationary contract, the district school
 1887  board may award an annual contract pursuant to paragraph (c).
 1888         (b) Beginning July 1, 2012 2011, an annual contract may be
 1889  awarded pursuant to paragraph (c) for instructional personnel
 1890  who have successfully completed a probationary contract with the
 1891  district school board and have received one or more annual
 1892  contracts from the district school board.
 1893         (c) Beginning July 1, 2012, an annual contract may be
 1894  awarded only if the employee:
 1895         1. Holds an active professional certificate or temporary
 1896  certificate issued pursuant to s. 1012.56 and rules of the State
 1897  Board of Education.
 1898         2. Has been recommended by the district school
 1899  superintendent for the annual contract based upon the
 1900  individual’s evaluation under s. 1012.34 and approved by the
 1901  district school board.
 1902         3. Has not received two consecutive annual performance
 1903  evaluation ratings of unsatisfactory, two annual performance
 1904  evaluation ratings of unsatisfactory within a 3-year period, or
 1905  three consecutive annual performance evaluation ratings of needs
 1906  improvement or a combination of needs improvement and
 1907  unsatisfactory under s. 1012.34.
 1908         (d) Beginning July 1, 2012, instructional personnel
 1909  eligible for a recommendation of annual contract renewal by the
 1910  district school superintendent based upon the employee’s
 1911  performance evaluation rating of highly effective or effective
 1912  shall be granted an annual contract unless a charge of just
 1913  cause, as provided in subsection (5), is brought based upon a
 1914  pattern of ineffective teaching or performance by the employee
 1915  under s. 1012.34. If the district school superintendent’s
 1916  recommendation for annual contract renewal is denied by the
 1917  district school board, notwithstanding fiscal constraints, the
 1918  district school board shall provide the employee a written
 1919  explanation detailing the rationale for the nonrenewal.
 1920         (e) Beginning July 1, 2012, upon completion of no less than
 1921  3 years of employment in the same school district within a 5
 1922  year period, except for leave duly authorized and granted,
 1923  instructional personnel recommended for additional employment
 1924  shall be awarded a professional performance contract.
 1925  Instructional personnel may be required to serve a 4th year of
 1926  employment before becoming eligible to receive a professional
 1927  performance contract when determined by the district school
 1928  board for good reason.
 1929         1. A professional performance contract may be offered by a
 1930  district school board to instructional personnel only if the
 1931  employee:
 1932         a. Holds an active professional certificate or temporary
 1933  certificate issued pursuant to s. 1012.56 and rules of the State
 1934  Board of Education.
 1935         b. Has been recommended by the district school
 1936  superintendent for further employment and approved by the
 1937  district school board based upon successful performance of
 1938  duties and demonstration of professional competence under s.
 1939  1012.34.
 1940         c. Has not received two consecutive annual performance
 1941  evaluation ratings of unsatisfactory, two annual performance
 1942  evaluation ratings of unsatisfactory within a 3-year period, or
 1943  three annual performance evaluation ratings of needs improvement
 1944  within a 5-year period under s. 1012.34.
 1945         2. A district school board may issue a professional
 1946  performance contract after July 1, 2012, to any instructional
 1947  personnel staff member who has previously held a professional
 1948  performance contract, a professional service contract, or a
 1949  continuing contract in the same or another school district
 1950  within the state. Any instructional personnel staff member who
 1951  holds a professional service contract or a continuing contract
 1952  may, but is not required to, exchange such contract for a
 1953  professional performance contract in the same district.
 1954         3. If a professional performance contract is not renewed by
 1955  the district school board based on an individual’s performance
 1956  of duties and demonstration of professional competence under s.
 1957  1012.34, upon the recommendation of the district school
 1958  superintendent and the approval of the district school board,
 1959  the individual may be offered up to three additional annual
 1960  contracts or may not be offered an additional contract. At the
 1961  time of making such recommendation to the district school board,
 1962  the district school superintendent shall state the performance
 1963  based reason for his or her recommendation and the district
 1964  school board shall take final action on such recommendation.
 1965         Section 19. Effective August 1, 2015, section 1012.988,
 1966  Florida Statutes, is created to read:
 1967         1012.988 Professional development to support the statewide
 1968  student assessment program and the performance of personnel.—
 1969         (1) Each school district shall develop a professional
 1970  development program to:
 1971         (a) Train instructional personnel, school administrators,
 1972  and other educational personnel in the use of subject area
 1973  assessments, end-of-course assessments, and diagnostic
 1974  assessments.
 1975         (b) Assist instructional personnel who are employed on a
 1976  probationary contract, pursuant to s. 1012.335, to improve their
 1977  professional skills and performance and promote student learning
 1978  growth.
 1979         (c) Assist instructional and administrative personnel whose
 1980  performance evaluation results in a rating of needs improvement,
 1981  developing, or unsatisfactory, pursuant to s. 1012.34, to
 1982  correct performance deficiencies. The program shall include, but
 1983  is not limited to, mentoring by high-performing personnel, peer
 1984  support, and peer review. Personnel with a rating of needs
 1985  improvement, developing, or unsatisfactory who participate in
 1986  the professional development program shall be reevaluated
 1987  according to the evaluation procedures and criteria in s.
 1988  1012.34 after completion of the program.
 1989         (2) The Department of Education shall disseminate to the
 1990  school districts research-based professional development methods
 1991  and inservice activities designed to support and strengthen the
 1992  role of educators in meeting the requirements of the statewide
 1993  student assessment program, to improve the professional skills
 1994  and performance of instructional and administrative personnel,
 1995  and to enhance the learning gains of all students.
 1996         (3) Each school district’s professional development program
 1997  must be submitted to the department for review and approval.
 1998         (4) Each school district shall implement the professional
 1999  development program beginning with the 2016-2017 school year.
 2000         Section 20. (1) Effective upon this act becoming a law, the
 2001  Commissioner of Education shall appoint a public school
 2002  assessment and accountability alignment committee to develop:
 2003         (a) Standards for a revised statewide student assessment
 2004  program under s. 1008.22, Florida Statutes, consisting of
 2005  subject area assessments for students in grades 3 through 5,
 2006  subject area assessments and end-of-course assessments in core
 2007  and noncore subject areas for students in grades 6 through 12,
 2008  and diagnostic assessments for students in grades 6, 8, and 10.
 2009         (b) Procedures for transitioning elementary schools from
 2010  the use of the Florida Comprehensive Assessment Test (FCAT) to
 2011  the use of subject area assessments and procedures for
 2012  transitioning middle schools and high schools from the use of
 2013  the FCAT to the use of subject area assessments and end-of
 2014  course assessments.
 2015         (c) Standards for revised formulas for determining school
 2016  grades and school improvement ratings under ss. 1008.34 and
 2017  1008.341, Florida Statutes.
 2018         (2) The committee shall align the components of the revised
 2019  statewide student assessment program to best prepare students to
 2020  progress from one grade to the next and to postsecondary
 2021  education or careers after high school.
 2022         (3) To ensure that the alignment committee represents a
 2023  cross-section of education stakeholders, it shall be composed of
 2024  individuals from:
 2025         (a) The education community, including, but not limited to,
 2026  teachers and administrators representing elementary, secondary,
 2027  and higher education.
 2028         (b) Education associations, including, but not limited to,
 2029  associations for teachers, school administrators, and district
 2030  school boards.
 2031         (c) State government and local government.
 2032         (d) The business community.
 2033         (e) Independent education researchers or experts.
 2034         (4) Members of the alignment committee shall serve without
 2035  compensation but may be reimbursed for per diem and travel
 2036  expenses in accordance with s. 112.061, Florida Statutes.
 2037         (5) The alignment committee may conduct public hearings
 2038  around the state to obtain public input for the development of a
 2039  revised statewide student assessment program and formulas for
 2040  determining school grades and school improvement ratings.
 2041         (6)(a) By August 1, 2013, the alignment committee shall
 2042  begin work on the following:
 2043         1. Developing new subject area assessments for students in
 2044  grades 3 through 5, subject area assessments and end-of-course
 2045  assessments for students in grades 6 through 12, and diagnostic
 2046  assessments for students in grades 6, 8, and 10.
 2047         2. Transitioning to a revised method for determining school
 2048  grades and school improvement ratings based on factors that
 2049  include subject area assessments, end-of-course assessments,
 2050  overall student academic performance, and a school’s use of
 2051  technology and innovative practices.
 2052         (b) By August 1, 2015, the State Board of Education shall
 2053  adopt rules pursuant to ss. 120.536(1) and 120.54, Florida
 2054  Statutes, to implement the revised statewide student assessment
 2055  program and school grading system as part of the state’s public
 2056  school assessment and accountability system beginning with the
 2057  2016-2017 school year.
 2058         (7) The alignment committee shall expire upon completion of
 2059  its activities but no later than August 1, 2015.
 2060         Section 21. Except as otherwise expressly provided in this
 2061  act and except for this section, which shall take effect upon
 2062  this act becoming a law, this act shall take effect July 1,
 2063  2012.