Florida Senate - 2012                                     SB 756
       
       
       
       By Senator Wise
       
       
       
       
       5-00158C-12                                            2012756__
    1                        A bill to be entitled                      
    2         An act relating to career education; amending s.
    3         1003.4156, F.S.; revising the general requirements for
    4         middle grades promotion to require that a course in
    5         career and education planning explore Florida’s Career
    6         Clusters; creating s. 1003.4287, F.S.; providing
    7         requirements for a career technical high school
    8         diploma; requiring a student and the student’s parent
    9         or guardian to agree in writing to the requirements of
   10         the career diploma track; specifying the credits that
   11         must be successfully completed in order to receive a
   12         career diploma; requiring an intensive reading course
   13         or remediation in mathematics for a student who does
   14         not meet certain academic standards; requiring at
   15         least one course required for high school graduation
   16         to be completed through online learning; providing
   17         strategies to enable an exceptional student to meet
   18         graduation requirements for a career diploma;
   19         requiring district school board standards for
   20         graduation and policies to assist students in meeting
   21         the requirements; requiring rules for test
   22         accommodations and modifications of procedures for
   23         students with disabilities; providing for the award of
   24         a certificate of completion to a student who is unable
   25         to meet certain standards; providing conditions for
   26         the waiver of assessment requirements for a career
   27         diploma for a student with a disability; providing
   28         that a career technical high school diploma is a
   29         standard high school diploma for purposes of federal
   30         and state accountability requirements; authorizing the
   31         State Board of Education to adopt rules; amending ss.
   32         1002.321, 1002.33, 1002.45, 1003.03, 1003.413,
   33         1003.428, 1003.438, 1003.493, 1003.4935, and 1008.22,
   34         F.S.; conforming provisions to changes made by the
   35         act; providing an effective date.
   36  
   37         WHEREAS, the Legislature finds that the state’s public
   38  education system needs to respond to the workforce needs of
   39  employers by aligning career and technical education with
   40  industry standards and workforce demands, and
   41         WHEREAS, career and technical education helps students
   42  experience the practical and meaningful application of any
   43  number of skills and offers individuals lifelong opportunities
   44  to learn new skills, and
   45         WHEREAS, the Legislature intends to offer students the
   46  option of receiving a career technical high school diploma to
   47  meet the state’s workforce demands and allow students the
   48  opportunity to continue their education or career paths, NOW,
   49  THEREFORE,
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (a) of subsection (1) of section
   54  1003.4156, Florida Statutes, is amended to read:
   55         1003.4156 General requirements for middle grades
   56  promotion.—
   57         (1) Promotion from a school composed of middle grades 6, 7,
   58  and 8 requires that:
   59         (a) The student must successfully complete academic courses
   60  as follows:
   61         1. Three middle school or higher courses in English. These
   62  courses shall emphasize literature, composition, and technical
   63  text.
   64         2. Three middle school or higher courses in mathematics.
   65  Each middle school must offer at least one high school level
   66  mathematics course for which students may earn high school
   67  credit. Successful completion of a high school level Algebra I
   68  or geometry course is not contingent upon the student’s
   69  performance on the end-of-course assessment required under s.
   70  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
   71  school year, to earn high school credit for an Algebra I course,
   72  a middle school student must pass the Algebra I end-of-course
   73  assessment, and beginning with the 2012-2013 school year, to
   74  earn high school credit for a geometry course, a middle school
   75  student must pass the geometry end-of-course assessment.
   76         3. Three middle school or higher courses in social studies,
   77  one semester of which must include the study of state and
   78  federal government and civics education. Beginning with students
   79  entering grade 6 in the 2012-2013 school year, one of these
   80  courses must be at least a one-semester civics education course
   81  that a student successfully completes in accordance with s.
   82  1008.22(3)(c) and that includes the roles and responsibilities
   83  of federal, state, and local governments; the structures and
   84  functions of the legislative, executive, and judicial branches
   85  of government; and the meaning and significance of historic
   86  documents, such as the Articles of Confederation, the
   87  Declaration of Independence, and the Constitution of the United
   88  States.
   89         4. Three middle school or higher courses in science.
   90  Successful completion of a high school level Biology I course is
   91  not contingent upon the student’s performance on the end-of
   92  course assessment required under s. 1008.22(3)(c)2.a.(II).
   93  However, beginning with the 2012-2013 school year, to earn high
   94  school credit for a Biology I course, a middle school student
   95  must pass the Biology I end-of-course assessment.
   96         5. One course in career and education planning to be
   97  completed in 7th or 8th grade. The course may be taught by any
   98  member of the instructional staff; must include career
   99  exploration aligned to Florida’s Career Clusters; must include
  100  career exploration using Florida CHOICES or a comparable cost
  101  effective program; must include educational planning using the
  102  online student advising system known as Florida Academic
  103  Counseling and Tracking for Students at the Internet website
  104  FACTS.org; and shall result in the completion of a personalized
  105  academic and career plan. The required personalized academic and
  106  career plan must inform students of high school graduation
  107  requirements, high school assessment and college entrance test
  108  requirements, Florida Bright Futures Scholarship Program
  109  requirements, state university and Florida College System
  110  institution admission requirements, and programs through which a
  111  high school student can earn college credit, including Advanced
  112  Placement, International Baccalaureate, Advanced International
  113  Certificate of Education, dual enrollment, career academy
  114  opportunities, and courses that lead to national industry
  115  certification.
  116  
  117  A student with a disability, as defined in s. 1007.02(2), for
  118  whom the individual education plan team determines that an end
  119  of-course assessment cannot accurately measure the student’s
  120  abilities, taking into consideration all allowable
  121  accommodations, shall have the end-of-course assessment results
  122  waived for purposes of determining the student’s course grade
  123  and completing the requirements for middle grades promotion.
  124  Each school must hold a parent meeting either in the evening or
  125  on a weekend to inform parents about the course curriculum and
  126  activities. Each student shall complete an electronic personal
  127  education plan that must be signed by the student; the student’s
  128  instructor, guidance counselor, or academic advisor; and the
  129  student’s parent. The Department of Education shall develop
  130  course frameworks and professional development materials for the
  131  career exploration and education planning course. The course may
  132  be implemented as a stand-alone course or integrated into
  133  another course or courses. The Commissioner of Education shall
  134  collect longitudinal high school course enrollment data by
  135  student ethnicity in order to analyze course-taking patterns.
  136         Section 2. Section 1003.4287, Florida Statutes, is created
  137  to read:
  138         1003.4287 Requirements for the career technical high school
  139  diploma.—
  140         (1) Beginning with students entering grade 9 in the 2012
  141  2013 school year, a career technical high school diploma shall
  142  be awarded to a student who successfully completes a minimum of
  143  24 credits as required under this section. In order to pursue
  144  the career diploma, the student and the student’s parent or
  145  guardian must sign a form confirming that they are aware of the
  146  requirements for the career track and agree to the minimum
  147  standards for successful completion. The school personnel
  148  designated to advise the student or the school principal must
  149  also sign the form to confirm that the school and the school
  150  district are aware of the student’s intent to pursue the career
  151  diploma. The form shall be a standard form prescribed by the
  152  Department of Education and used in each school district.
  153  Students must be advised of eligibility requirements for state
  154  scholarship programs and postsecondary admissions.
  155         (2) The 24 credits may be earned through applied,
  156  integrated, and combined courses approved by the Department of
  157  Education and shall be distributed as follows:
  158         (a) Core curriculum credits:
  159         1. Four credits in English, with major concentration in
  160  composition, reading for information, and literature.
  161         2. Four credits in mathematics, one of which must be
  162  Algebra I, a series of courses equivalent to Algebra I, or a
  163  higher-level mathematics course. In addition to the Algebra I
  164  credit requirement, one of the four credits in mathematics must
  165  be geometry or a series of courses equivalent to geometry as
  166  approved by the State Board of Education. The end-of-course
  167  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  168  met in order for a student to earn the required credits in
  169  Algebra I and geometry. In addition to the Algebra I and
  170  geometry credit requirements, one of the four credits in
  171  mathematics must be an applied Algebra II or a series of courses
  172  equivalent to applied Algebra II as approved by the State Board
  173  of Education. The applied Algebra II course shall be aligned
  174  with the career or technical course of study in which the
  175  student is enrolled. To the extent possible, the applied Algebra
  176  II course must be incorporated into the career or technical
  177  courses in which the student is enrolled.
  178         3. Three credits in science, two of which must have a
  179  laboratory component. One of the three credits in science must
  180  be Biology I or a series of courses equivalent to Biology I as
  181  approved by the State Board of Education. The end-of-course
  182  assessment requirements under s. 1008.22(3)(c)2.a.(II) must be
  183  met in order for a student to earn the required credit in
  184  Biology I. Beginning with students entering grade 9 in the 2013
  185  2014 school year, one of the three credits must be Biology I or
  186  a series of courses equivalent to Biology I as approved by the
  187  State Board of Education, one credit must be applied chemistry
  188  or applied physics or a series of courses equivalent to applied
  189  chemistry or applied physics as approved by the State Board of
  190  Education, and one credit must be an equally rigorous course in
  191  an applied science, as determined by the State Board of
  192  Education. The applied courses shall be aligned with the career
  193  or technical course of study in which the student is enrolled.
  194  To the extent possible, the applied courses must be incorporated
  195  into the career or technical courses in which the student is
  196  enrolled.
  197         4. Three credits in social studies as follows: one credit
  198  in United States history; one credit in world history; one-half
  199  credit in economics; and one-half credit in United States
  200  government.
  201         5. One-half credit in fine or performing arts, speech and
  202  debate, or a practical arts course that incorporates artistic
  203  content and techniques of creativity, interpretation, and
  204  imagination. Eligible practical arts courses shall be identified
  205  through the Course Code Directory.
  206         6. One credit in physical education to include integration
  207  of health. Participation in an interscholastic sport at the
  208  junior varsity or varsity level for two full seasons shall
  209  satisfy the one-credit requirement in physical education if the
  210  student passes a competency test on personal fitness with a
  211  score of “C” or better. The competency test on personal fitness
  212  must be developed by the Department of Education. A district
  213  school board may not require that the one credit in physical
  214  education be taken during the 9th grade year. Completion of one
  215  semester with a grade of “C” or better in a marching band class,
  216  in a physical activity class that requires participation in
  217  marching band activities as an extracurricular activity, or in a
  218  dance class shall satisfy one-half credit in physical education
  219  or one-half credit in performing arts. This credit may not be
  220  used to satisfy the personal fitness requirement or the
  221  requirement for adaptive physical education under an individual
  222  education plan (IEP) or 504 plan. Completion of 2 years in a
  223  Reserve Officer Training Corps (R.O.T.C.) class, a significant
  224  component of which is drills, shall satisfy the one-credit
  225  requirement in physical education and the one-credit requirement
  226  in performing arts. This credit may not be used to satisfy the
  227  personal fitness requirement or the requirement for adaptive
  228  physical education under an individual education plan (IEP) or
  229  504 plan.
  230         (b) Up to a maximum of seven credits in a career or
  231  technical training program leading to the attainment of an
  232  industry certification included on the Industry Certified
  233  Funding List pursuant to rules adopted by the State Board of
  234  Education. The program must be in compliance with ss. 1003.491,
  235  1003.492, and 1003.493 which relate to industry-certified career
  236  education programs. A student must receive at least a “C”
  237  average in each course to earn the required credit.
  238         (c) One-half credit in a career preparation or planning
  239  course. A student must receive at least a “C” average to earn
  240  the required credit.
  241         (d) One credit in an elective.
  242         1. For each year in which a student scores at Level 1 on
  243  FCAT Reading, the student must be enrolled in and complete an
  244  intensive reading course the following year. Placement of Level
  245  2 readers in either an intensive reading course or a content
  246  area course in which reading strategies are delivered shall be
  247  determined by diagnosis of reading needs. The department shall
  248  provide guidance on appropriate strategies for diagnosing and
  249  meeting the varying instructional needs of students reading
  250  below grade level. Reading courses shall be designed and offered
  251  pursuant to the comprehensive reading plan required by s.
  252  1011.62(9). A high school student who scores at Level 1 or Level
  253  2 on FCAT Reading but who did not score below Level 3 in the
  254  previous 3 years may be granted a 1-year exemption from the
  255  reading remediation requirement; however, the student must have
  256  an approved academic improvement plan already in place, signed
  257  by the appropriate school staff and the student’s parent, for
  258  the year for which the exemption is granted.
  259         2. For each year in which a student scores at Level 1 or
  260  Level 2 on FCAT Mathematics, the student must receive
  261  remediation the following year. These courses may be taught
  262  through applied, integrated, or combined courses and are subject
  263  to approval by the department for inclusion in the Course Code
  264  Directory.
  265         (e) Beginning with students entering grade 9 in the 2012
  266  2013 school year, at least one course within the 24 credits
  267  required in this subsection must be completed through online
  268  learning. However, an online course taken during grades 6
  269  through 8 fulfills this requirement. This requirement shall be
  270  met through an online course offered by the Florida Virtual
  271  School, an online course offered by the high school, or an
  272  online dual enrollment course offered pursuant to a district
  273  interinstitutional articulation agreement pursuant to s.
  274  1007.235. A student who is enrolled in a full-time or part-time
  275  virtual instruction program under s. 1002.45 meets this
  276  requirement.
  277         (3)(a) A district school board may require specific courses
  278  and programs of study within the minimum credit requirements for
  279  high school graduation and shall modify basic courses, as
  280  necessary, to assure exceptional students the opportunity to
  281  meet the graduation requirements for a career diploma, using one
  282  of the following strategies:
  283         1. Assignment of the exceptional student to an exceptional
  284  education class for instruction in a basic course that has the
  285  same student performance standards as those required of
  286  nonexceptional students in the district school board student
  287  progression plan; or
  288         2. Assignment of the exceptional student to a basic
  289  education class for instruction that is modified to accommodate
  290  the student’s exceptionality.
  291         (b) The district school board shall determine which of
  292  these strategies to employ based upon an assessment of the
  293  student’s needs and shall reflect this decision in the student’s
  294  individual education plan.
  295         (4) Each district school board shall establish standards
  296  for graduation from its schools, which must include:
  297         (a) Successful completion of the academic credit or
  298  curriculum requirements of subsections (1) and (2). For courses
  299  that require statewide, standardized end-of-course assessments
  300  under s. 1008.22(3)(c)2.d., a minimum of 30 percent of a
  301  student’s course grade shall be comprised of performance on the
  302  statewide, standardized end-of-course assessment.
  303         (b) Earning passing scores on the FCAT, as defined in s.
  304  1008.22(3)(c), or scores on a standardized test which are
  305  concordant with passing scores on the FCAT, as defined in s.
  306  1008.22(10).
  307         (c) Completion of all other applicable requirements
  308  prescribed by the district school board pursuant to s. 1008.25.
  309         (d) Achievement of a cumulative grade point average of 2.0
  310  on a 4.0 scale, or its equivalent, in the courses required by
  311  this section.
  312  
  313  Each district school board shall adopt policies designed to
  314  assist students in meeting the requirements of this subsection.
  315  These policies may include, but are not limited to: forgiveness
  316  policies, summer school or before or after school attendance,
  317  special counseling, volunteers or peer tutors, school-sponsored
  318  help sessions, homework hotlines, and study skills classes.
  319  Forgiveness policies for required courses shall be limited to
  320  replacing a grade of “D” or “F,” or the equivalent of a grade of
  321  “D” or “F,” with a grade of “C” or higher, or the equivalent of
  322  a grade of “C” or higher, earned subsequently in the same or
  323  comparable course. Forgiveness policies for elective courses
  324  shall be limited to replacing a grade of “D” or “F,” or the
  325  equivalent of a grade of “D” or “F,” with a grade of “C” or
  326  higher, or the equivalent of a grade of “C” or higher, earned
  327  subsequently in another course. The only exception to these
  328  forgiveness policies shall be made for a student in the middle
  329  grades who takes any high school course for high school credit
  330  and earns a grade of “C,” “D,” or “F” or the equivalent of a
  331  grade of “C,” “D,” or “F.” In such case, the district
  332  forgiveness policy must allow the replacement of the grade with
  333  a grade of “C” or higher, or the equivalent of a grade of “C” or
  334  higher, earned subsequently in the same or comparable course. In
  335  all cases of grade forgiveness, only the new grade shall be used
  336  in the calculation of the student’s grade point average. Any
  337  course grade not replaced according to a district school board
  338  forgiveness policy shall be included in the calculation of the
  339  cumulative grade point average required for graduation.
  340         (5) The State Board of Education, after a public hearing
  341  and consideration, shall adopt rules based upon the
  342  recommendations of the Commissioner of Education for the
  343  provision of test accommodations and modifications of procedures
  344  as necessary for students with disabilities which will
  345  demonstrate the student’s abilities rather than reflect the
  346  student’s impaired sensory, manual, speaking, or psychological
  347  process skills.
  348         (6) The public hearing and consideration required in
  349  subsection (5) shall not be construed to amend or nullify the
  350  requirements of security relating to the contents of
  351  examinations or assessment instruments and related materials or
  352  data as prescribed in s. 1008.23.
  353         (7)(a) A student who meets all requirements prescribed in
  354  subsections (1), (2), (3), and (4) shall be awarded a career
  355  diploma in a form prescribed by the State Board of Education.
  356         (b) A student who completes the minimum number of credits
  357  and other requirements prescribed by subsections (1), (2), and
  358  (3), but who is unable to meet the standards of paragraph
  359  (4)(b), paragraph (4)(c), or paragraph (4)(d), shall be awarded
  360  a certificate of completion in a form prescribed by the State
  361  Board of Education. However, any student who is otherwise
  362  entitled to a certificate of completion may elect to remain in
  363  the secondary school either as a full-time student or a part
  364  time student for up to 1 additional year and receive special
  365  instruction designed to remedy his or her identified
  366  deficiencies.
  367         (8)(a) Each district school board must provide instruction
  368  to prepare students with disabilities to demonstrate proficiency
  369  in the core content knowledge and skills necessary for
  370  successful grade-to-grade progression and high school
  371  graduation.
  372         (b)1. A student with a disability, as defined in s.
  373  1007.02(2), for whom the individual education plan (IEP)
  374  committee determines that the FCAT cannot accurately measure the
  375  student’s abilities, taking into consideration all allowable
  376  accommodations, shall have the FCAT requirement of paragraph
  377  (4)(b) waived for the purpose of receiving a career diploma, if
  378  the student:
  379         a. Completes the minimum number of credits and other
  380  requirements prescribed by subsections (1), (2), and (3).
  381         b. Does not meet the requirements of paragraph (4)(b) after
  382  one opportunity in 10th grade and one opportunity in 11th grade.
  383         2. A student with a disability, as defined in s.
  384  1007.02(2), for whom the IEP committee determines that an end
  385  of-course assessment cannot accurately measure the student’s
  386  abilities, taking into consideration all allowable
  387  accommodations, shall have the end-of-course assessment results
  388  waived for the purpose of determining the student’s course grade
  389  and credit as required in paragraph (4)(a).
  390         (9) A career technical high school diploma shall be a
  391  standard high school diploma for purposes of federal and state
  392  accountability requirements.
  393         (10) The State Board of Education may adopt rules pursuant
  394  to ss. 120.536(1) and 120.54 to implement the provisions of this
  395  section and may enforce the provisions of this section pursuant
  396  to s. 1008.32.
  397         Section 3. Subsection (3) of section 1002.321, Florida
  398  Statutes, is amended to read:
  399         1002.321 Digital learning.—
  400         (3) DIGITAL PREPARATION.—Each student must graduate from
  401  high school having taken at least one online course, as provided
  402  in s. 1003.428 or s. 1003.4287.
  403         Section 4. Paragraph (a) of subsection (7) of section
  404  1002.33, Florida Statutes, is amended to read:
  405         1002.33 Charter schools.—
  406         (7) CHARTER.—The major issues involving the operation of a
  407  charter school shall be considered in advance and written into
  408  the charter. The charter shall be signed by the governing board
  409  of the charter school and the sponsor, following a public
  410  hearing to ensure community input.
  411         (a) The charter shall address and criteria for approval of
  412  the charter shall be based on:
  413         1. The school’s mission, the students to be served, and the
  414  ages and grades to be included.
  415         2. The focus of the curriculum, the instructional methods
  416  to be used, any distinctive instructional techniques to be
  417  employed, and identification and acquisition of appropriate
  418  technologies needed to improve educational and administrative
  419  performance which include a means for promoting safe, ethical,
  420  and appropriate uses of technology which comply with legal and
  421  professional standards.
  422         a. The charter shall ensure that reading is a primary focus
  423  of the curriculum and that resources are provided to identify
  424  and provide specialized instruction for students who are reading
  425  below grade level. The curriculum and instructional strategies
  426  for reading must be consistent with the Sunshine State Standards
  427  and grounded in scientifically based reading research.
  428         b. In order to provide students with access to diverse
  429  instructional delivery models, to facilitate the integration of
  430  technology within traditional classroom instruction, and to
  431  provide students with the skills they need to compete in the
  432  21st century economy, the Legislature encourages instructional
  433  methods for blended learning courses consisting of both
  434  traditional classroom and online instructional techniques.
  435  Charter schools may implement blended learning courses which
  436  combine traditional classroom instruction and virtual
  437  instruction. Students in a blended learning course must be full
  438  time students of the charter school and receive the online
  439  instruction in a classroom setting at the charter school.
  440  Instructional personnel certified pursuant to s. 1012.55 who
  441  provide virtual instruction for blended learning courses may be
  442  employees of the charter school or may be under contract to
  443  provide instructional services to charter school students. At a
  444  minimum, such instructional personnel must hold an active state
  445  or school district adjunct certification under s. 1012.57 for
  446  the subject area of the blended learning course. The funding and
  447  performance accountability requirements for blended learning
  448  courses are the same as those for traditional courses.
  449         3. The current incoming baseline standard of student
  450  academic achievement, the outcomes to be achieved, and the
  451  method of measurement that will be used. The criteria listed in
  452  this subparagraph shall include a detailed description of:
  453         a. How the baseline student academic achievement levels and
  454  prior rates of academic progress will be established.
  455         b. How these baseline rates will be compared to rates of
  456  academic progress achieved by these same students while
  457  attending the charter school.
  458         c. To the extent possible, how these rates of progress will
  459  be evaluated and compared with rates of progress of other
  460  closely comparable student populations.
  461  
  462  The district school board is required to provide academic
  463  student performance data to charter schools for each of their
  464  students coming from the district school system, as well as
  465  rates of academic progress of comparable student populations in
  466  the district school system.
  467         4. The methods used to identify the educational strengths
  468  and needs of students and how well educational goals and
  469  performance standards are met by students attending the charter
  470  school. The methods shall provide a means for the charter school
  471  to ensure accountability to its constituents by analyzing
  472  student performance data and by evaluating the effectiveness and
  473  efficiency of its major educational programs. Students in
  474  charter schools shall, at a minimum, participate in the
  475  statewide assessment program created under s. 1008.22.
  476         5. In secondary charter schools, a method for determining
  477  that a student has satisfied the requirements for graduation in
  478  s. 1003.428, s. 1003.4287, s. 1003.429, or s. 1003.43.
  479         6. A method for resolving conflicts between the governing
  480  board of the charter school and the sponsor.
  481         7. The admissions procedures and dismissal procedures,
  482  including the school’s code of student conduct.
  483         8. The ways by which the school will achieve a
  484  racial/ethnic balance reflective of the community it serves or
  485  within the racial/ethnic range of other public schools in the
  486  same school district.
  487         9. The financial and administrative management of the
  488  school, including a reasonable demonstration of the professional
  489  experience or competence of those individuals or organizations
  490  applying to operate the charter school or those hired or
  491  retained to perform such professional services and the
  492  description of clearly delineated responsibilities and the
  493  policies and practices needed to effectively manage the charter
  494  school. A description of internal audit procedures and
  495  establishment of controls to ensure that financial resources are
  496  properly managed must be included. Both public sector and
  497  private sector professional experience shall be equally valid in
  498  such a consideration.
  499         10. The asset and liability projections required in the
  500  application which are incorporated into the charter and shall be
  501  compared with information provided in the annual report of the
  502  charter school.
  503         11. A description of procedures that identify various risks
  504  and provide for a comprehensive approach to reduce the impact of
  505  losses; plans to ensure the safety and security of students and
  506  staff; plans to identify, minimize, and protect others from
  507  violent or disruptive student behavior; and the manner in which
  508  the school will be insured, including whether or not the school
  509  will be required to have liability insurance, and, if so, the
  510  terms and conditions thereof and the amounts of coverage.
  511         12. The term of the charter which shall provide for
  512  cancellation of the charter if insufficient progress has been
  513  made in attaining the student achievement objectives of the
  514  charter and if it is not likely that such objectives can be
  515  achieved before expiration of the charter. The initial term of a
  516  charter shall be for 4 or 5 years. In order to facilitate access
  517  to long-term financial resources for charter school
  518  construction, charter schools that are operated by a
  519  municipality or other public entity as provided by law are
  520  eligible for up to a 15-year charter, subject to approval by the
  521  district school board. A charter lab school is eligible for a
  522  charter for a term of up to 15 years. In addition, to facilitate
  523  access to long-term financial resources for charter school
  524  construction, charter schools that are operated by a private,
  525  not-for-profit, s. 501(c)(3) status corporation are eligible for
  526  up to a 15-year charter, subject to approval by the district
  527  school board. Such long-term charters remain subject to annual
  528  review and may be terminated during the term of the charter, but
  529  only according to the provisions set forth in subsection (8).
  530         13. The facilities to be used and their location.
  531         14. The qualifications to be required of the teachers and
  532  the potential strategies used to recruit, hire, train, and
  533  retain qualified staff to achieve best value.
  534         15. The governance structure of the school, including the
  535  status of the charter school as a public or private employer as
  536  required in paragraph (12)(i).
  537         16. A timetable for implementing the charter which
  538  addresses the implementation of each element thereof and the
  539  date by which the charter shall be awarded in order to meet this
  540  timetable.
  541         17. In the case of an existing public school that is being
  542  converted to charter status, alternative arrangements for
  543  current students who choose not to attend the charter school and
  544  for current teachers who choose not to teach in the charter
  545  school after conversion in accordance with the existing
  546  collective bargaining agreement or district school board rule in
  547  the absence of a collective bargaining agreement. However,
  548  alternative arrangements shall not be required for current
  549  teachers who choose not to teach in a charter lab school, except
  550  as authorized by the employment policies of the state university
  551  which grants the charter to the lab school.
  552         18. Full disclosure of the identity of all relatives
  553  employed by the charter school who are related to the charter
  554  school owner, president, chairperson of the governing board of
  555  directors, superintendent, governing board member, principal,
  556  assistant principal, or any other person employed by the charter
  557  school who has equivalent decisionmaking authority. For the
  558  purpose of this subparagraph, the term “relative” means father,
  559  mother, son, daughter, brother, sister, uncle, aunt, first
  560  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  561  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  562  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  563  stepsister, half brother, or half sister.
  564         19. Implementation of the activities authorized under s.
  565  1002.331 by the charter school when it satisfies the eligibility
  566  requirements for a high-performing charter school. A high
  567  performing charter school shall notify its sponsor in writing by
  568  March 1 if it intends to increase enrollment or expand grade
  569  levels the following school year. The written notice shall
  570  specify the amount of the enrollment increase and the grade
  571  levels that will be added, as applicable.
  572         Section 5. Paragraph (b) of subsection (4) of section
  573  1002.45, Florida Statutes, is amended to read:
  574         1002.45 Virtual instruction programs.—
  575         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  576  provider must at minimum:
  577         (b) Provide a method for determining that a student has
  578  satisfied the requirements for graduation in s. 1003.428, s.
  579  1003.4287, s. 1003.429, or s. 1003.43 if the contract is for the
  580  provision of a full-time virtual instruction program to students
  581  in grades 9 through 12.
  582         Section 6. Subsection (6) of section 1003.03, Florida
  583  Statutes, is amended to read:
  584         1003.03 Maximum class size.—
  585         (6) COURSES FOR COMPLIANCE.—Consistent with the provisions
  586  in ss. 1003.01(14), and 1003.428, and 1003.4287, the Department
  587  of Education shall identify from the Course Code Directory the
  588  core-curricula courses for the purpose of satisfying the maximum
  589  class size requirement in this section. The department may adopt
  590  rules to implement this subsection, if necessary.
  591         Section 7. Subsection (3) of section 1003.413, Florida
  592  Statutes, is amended to read:
  593         1003.413 Florida Secondary School Redesign Act.—
  594         (3) Based on these guiding principles, district school
  595  boards shall establish policies to implement the requirements of
  596  ss. 1003.4156, 1003.428, 1003.4287, and 1003.493. The policies
  597  must address:
  598         (a) Procedures for placing and promoting students who enter
  599  a Florida public school at grade 6 through grade 12 from out of
  600  state or from a foreign country, including a review of the
  601  student’s prior academic performance.
  602         (b) Alternative methods for students to demonstrate
  603  competency in required courses and credits, with special support
  604  for students who have been retained.
  605         (c) Applied, integrated, and combined courses that provide
  606  flexibility for students to enroll in courses that are creative
  607  and meet individual learning styles and student needs.
  608         (d) Credit recovery courses and intensive reading and
  609  mathematics intervention courses based on student performance on
  610  FCAT Reading and Mathematics. These courses should be competency
  611  based and offered through innovative delivery systems, including
  612  computer-assisted instruction. School districts should use
  613  learning gains as well as other appropriate data and provide
  614  incentives to identify and reward high-performing teachers who
  615  teach credit recovery and intensive intervention courses.
  616         (e) Grade forgiveness policies that replace a grade of “D”
  617  or “F” with a grade of “C” or higher earned subsequently in the
  618  same or a comparable course.
  619         (f) Summer academies for students to receive intensive
  620  reading and mathematics intervention courses or competency-based
  621  credit recovery courses. A student’s participation in an
  622  instructional or remediation program prior to or immediately
  623  following entering grade 9 for the first time shall not affect
  624  that student’s classification as a first-time 9th grader for
  625  reporting purposes.
  626         (g) Strategies to support teachers’ pursuit of the reading
  627  endorsement and emphasize reading instruction professional
  628  development for content area teachers.
  629         (h) Creative and flexible scheduling designed to meet
  630  student needs.
  631         (i) An annual review of each high school student’s
  632  electronic personal education plan created pursuant to s.
  633  1003.4156 and procedures for high school students who have not
  634  prepared an electronic personal education plan pursuant to s.
  635  1003.4156 to prepare such plan.
  636         (j) Tools for parents to regularly monitor student progress
  637  and communicate with teachers.
  638         (k) Additional course requirements for promotion and
  639  graduation which may be determined by each school district in
  640  the student progression plan and may include additional
  641  academic, fine and performing arts, physical education, or
  642  career and technical education courses in order to provide a
  643  complete education program pursuant to s. 1001.41(3).
  644         Section 8. Subsection (1) of section 1003.428, Florida
  645  Statutes, is amended to read:
  646         1003.428 General requirements for high school graduation;
  647  revised.—
  648         (1) Except as otherwise authorized pursuant to s. 1003.4287
  649  or s. 1003.429, beginning with students entering grade 9 in the
  650  2007-2008 school year, graduation requires the successful
  651  completion of a minimum of 24 credits, an International
  652  Baccalaureate curriculum, or an Advanced International
  653  Certificate of Education curriculum. Students must be advised of
  654  eligibility requirements for state scholarship programs and
  655  postsecondary admissions.
  656         Section 9. Section 1003.438, Florida Statutes, is amended
  657  to read:
  658         1003.438 Special high school graduation requirements for
  659  certain exceptional students.—A student who has been identified,
  660  in accordance with rules established by the State Board of
  661  Education, as a student with disabilities who has an
  662  intellectual disability; an autism spectrum disorder; a language
  663  impairment; an orthopedic impairment; an other health
  664  impairment; a traumatic brain injury; an emotional or behavioral
  665  disability; a specific learning disability, including, but not
  666  limited to, dyslexia, dyscalculia, or developmental aphasia; or
  667  students who are deaf or hard of hearing or dual sensory
  668  impaired shall not be required to meet all requirements of s.
  669  1003.43, or s. 1003.428, or s. 1003.4287 and shall, upon meeting
  670  all applicable requirements prescribed by the district school
  671  board pursuant to s. 1008.25, be awarded a special diploma in a
  672  form prescribed by the commissioner; however, such special
  673  graduation requirements prescribed by the district school board
  674  must include minimum graduation requirements as prescribed by
  675  the commissioner. Any such student who meets all special
  676  requirements of the district school board, but is unable to meet
  677  the appropriate special state minimum requirements, shall be
  678  awarded a special certificate of completion in a form prescribed
  679  by the commissioner. However, this section does not limit or
  680  restrict the right of an exceptional student solely to a special
  681  diploma or special certificate of completion. Any such student
  682  shall, upon proper request, be afforded the opportunity to fully
  683  meet all requirements of s. 1003.43, or s. 1003.428, or s.
  684  1003.4287 through the standard procedures established therein
  685  and thereby to qualify for a standard diploma or a career
  686  diploma upon graduation.
  687         Section 10. Paragraph (g) of subsection (4) of section
  688  1003.493, Florida Statutes, is amended to read:
  689         1003.493 Career and professional academies.—
  690         (4) Each career and professional academy must:
  691         (g) Deliver academic content through instruction relevant
  692  to the career, including intensive reading and mathematics
  693  intervention required by s. 1003.428 or s. 1003.4287, with an
  694  emphasis on strengthening reading for information skills.
  695         Section 11. Subsection (2) of section 1003.4935, Florida
  696  Statutes, is amended to read:
  697         1003.4935 Middle school career and professional academy
  698  courses.—
  699         (2) Each middle school career and professional academy must
  700  be aligned with at least one high school career and professional
  701  academy offered in the district and maintain partnerships with
  702  local business and industry and economic development boards.
  703  Middle school career and professional academies must:
  704         (a) Provide instruction in courses leading to careers in
  705  occupations designated as high growth, high demand, and high pay
  706  in the Industry Certification Funding List approved under rules
  707  adopted by the State Board of Education;
  708         (b) Offer career and professional academy courses that
  709  integrate content from core subject areas;
  710         (c) Offer courses that integrate career and professional
  711  academy content with intensive reading and mathematics pursuant
  712  to s. 1003.428 or s. 1003.4287;
  713         (d) Coordinate with high schools to maximize opportunities
  714  for middle school career and professional academy students to
  715  earn high school credit;
  716         (e) Provide access to virtual instruction courses provided
  717  by virtual education providers legislatively authorized to
  718  provide part-time instruction to middle school students. The
  719  virtual instruction courses must be aligned to state curriculum
  720  standards for middle school career and professional academy
  721  students, with priority given to students who have required
  722  course deficits;
  723         (f) Provide instruction from highly skilled professionals
  724  who hold industry certificates in the career area in which they
  725  teach;
  726         (g) Offer externships; and
  727         (h) Provide personalized student advisement that includes a
  728  parent-participation component.
  729         Section 12. Paragraph (c) of subsection (3) and paragraphs
  730  (b) and (c) of subsection (9) of section 1008.22, Florida
  731  Statutes, are amended to read:
  732         1008.22 Student assessment program for public schools.—
  733         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  734  design and implement a statewide program of educational
  735  assessment that provides information for the improvement of the
  736  operation and management of the public schools, including
  737  schools operating for the purpose of providing educational
  738  services to youth in Department of Juvenile Justice programs.
  739  The commissioner may enter into contracts for the continued
  740  administration of the assessment, testing, and evaluation
  741  programs authorized and funded by the Legislature. Contracts may
  742  be initiated in 1 fiscal year and continue into the next and may
  743  be paid from the appropriations of either or both fiscal years.
  744  The commissioner is authorized to negotiate for the sale or
  745  lease of tests, scoring protocols, test scoring services, and
  746  related materials developed pursuant to law. Pursuant to the
  747  statewide assessment program, the commissioner shall:
  748         (c) Develop and implement a student achievement testing
  749  program as follows:
  750         1. The Florida Comprehensive Assessment Test (FCAT)
  751  measures a student’s content knowledge and skills in reading,
  752  writing, science, and mathematics. The content knowledge and
  753  skills assessed by the FCAT must be aligned to the core
  754  curricular content established in the Next Generation Sunshine
  755  State Standards. Other content areas may be included as directed
  756  by the commissioner. Comprehensive assessments of reading and
  757  mathematics shall be administered annually in grades 3 through
  758  10 except, beginning with the 2010-2011 school year, the
  759  administration of grade 9 FCAT Mathematics shall be
  760  discontinued, and beginning with the 2011-2012 school year, the
  761  administration of grade 10 FCAT Mathematics shall be
  762  discontinued, except as required for students who have not
  763  attained minimum performance expectations for graduation as
  764  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  765  shall be administered at least once at the elementary, middle,
  766  and high school levels except, beginning with the 2011-2012
  767  school year, the administration of FCAT Science at the high
  768  school level shall be discontinued.
  769         2.a. End-of-course assessments for a subject shall be
  770  administered in addition to the comprehensive assessments
  771  required under subparagraph 1. End-of-course assessments must be
  772  rigorous, statewide, standardized, and developed or approved by
  773  the department. The content knowledge and skills assessed by
  774  end-of-course assessments must be aligned to the core curricular
  775  content established in the Next Generation Sunshine State
  776  Standards.
  777         (I) Statewide, standardized end-of-course assessments in
  778  mathematics shall be administered according to this sub-sub
  779  subparagraph. Beginning with the 2010-2011 school year, all
  780  students enrolled in Algebra I or an equivalent course must take
  781  the Algebra I end-of-course assessment. For students entering
  782  grade 9 during the 2010-2011 school year and who are enrolled in
  783  Algebra I or an equivalent, each student’s performance on the
  784  end-of-course assessment in Algebra I shall constitute 30
  785  percent of the student’s final course grade. Beginning with
  786  students entering grade 9 in the 2011-2012 school year, a
  787  student who is enrolled in Algebra I or an equivalent must earn
  788  a passing score on the end-of-course assessment in Algebra I or
  789  attain an equivalent score as described in subsection (11) in
  790  order to earn course credit. Beginning with the 2011-2012 school
  791  year, all students enrolled in geometry or an equivalent course
  792  must take the geometry end-of-course assessment. For students
  793  entering grade 9 during the 2011-2012 school year, each
  794  student’s performance on the end-of-course assessment in
  795  geometry shall constitute 30 percent of the student’s final
  796  course grade. Beginning with students entering grade 9 during
  797  the 2012-2013 school year, a student must earn a passing score
  798  on the end-of-course assessment in geometry or attain an
  799  equivalent score as described in subsection (11) in order to
  800  earn course credit.
  801         (II) Statewide, standardized end-of-course assessments in
  802  science shall be administered according to this sub-sub
  803  subparagraph. Beginning with the 2011-2012 school year, all
  804  students enrolled in Biology I or an equivalent course must take
  805  the Biology I end-of-course assessment. For the 2011-2012 school
  806  year, each student’s performance on the end-of-course assessment
  807  in Biology I shall constitute 30 percent of the student’s final
  808  course grade. Beginning with students entering grade 9 during
  809  the 2012-2013 school year, a student must earn a passing score
  810  on the end-of-course assessment in Biology I in order to earn
  811  course credit.
  812         b. During the 2012-2013 school year, an end-of-course
  813  assessment in civics education shall be administered as a field
  814  test at the middle school level. During the 2013-2014 school
  815  year, each student’s performance on the statewide, standardized
  816  end-of-course assessment in civics education shall constitute 30
  817  percent of the student’s final course grade. Beginning with the
  818  2014-2015 school year, a student must earn a passing score on
  819  the end-of-course assessment in civics education in order to
  820  pass the course and be promoted from the middle grades. The
  821  school principal of a middle school shall determine, in
  822  accordance with State Board of Education rule, whether a student
  823  who transfers to the middle school and who has successfully
  824  completed a civics education course at the student’s previous
  825  school must take an end-of-course assessment in civics
  826  education.
  827         c. The commissioner may select one or more nationally
  828  developed comprehensive examinations, which may include, but
  829  need not be limited to, examinations for a College Board
  830  Advanced Placement course, International Baccalaureate course,
  831  or Advanced International Certificate of Education course, or
  832  industry-approved examinations to earn national industry
  833  certifications identified in the Industry Certification Funding
  834  List, pursuant to rules adopted by the State Board of Education,
  835  for use as end-of-course assessments under this paragraph, if
  836  the commissioner determines that the content knowledge and
  837  skills assessed by the examinations meet or exceed the grade
  838  level expectations for the core curricular content established
  839  for the course in the Next Generation Sunshine State Standards.
  840  The commissioner may collaborate with the American Diploma
  841  Project in the adoption or development of rigorous end-of-course
  842  assessments that are aligned to the Next Generation Sunshine
  843  State Standards.
  844         d. Contingent upon funding provided in the General
  845  Appropriations Act, including the appropriation of funds
  846  received through federal grants, the Commissioner of Education
  847  shall establish an implementation schedule for the development
  848  and administration of additional statewide, standardized end-of
  849  course assessments in English/Language Arts II, Algebra II,
  850  chemistry, physics, earth/space science, United States history,
  851  and world history. Priority shall be given to the development of
  852  end-of-course assessments in English/Language Arts II. The
  853  Commissioner of Education shall evaluate the feasibility and
  854  effect of transitioning from the grade 9 and grade 10 FCAT
  855  Reading and high school level FCAT Writing to an end-of-course
  856  assessment in English/Language Arts II. The commissioner shall
  857  report the results of the evaluation to the President of the
  858  Senate and the Speaker of the House of Representatives no later
  859  than July 1, 2011.
  860         3. The testing program shall measure student content
  861  knowledge and skills adopted by the State Board of Education as
  862  specified in paragraph (a) and measure and report student
  863  performance levels of all students assessed in reading, writing,
  864  mathematics, and science. The commissioner shall provide for the
  865  tests to be developed or obtained, as appropriate, through
  866  contracts and project agreements with private vendors, public
  867  vendors, public agencies, postsecondary educational
  868  institutions, or school districts. The commissioner shall obtain
  869  input with respect to the design and implementation of the
  870  testing program from state educators, assistive technology
  871  experts, and the public.
  872         4. The testing program shall be composed of criterion
  873  referenced tests that shall, to the extent determined by the
  874  commissioner, include test items that require the student to
  875  produce information or perform tasks in such a way that the core
  876  content knowledge and skills he or she uses can be measured.
  877         5. FCAT Reading, Mathematics, and Science and all
  878  statewide, standardized end-of-course assessments shall measure
  879  the content knowledge and skills a student has attained on the
  880  assessment by the use of scaled scores and achievement levels.
  881  Achievement levels shall range from 1 through 5, with level 1
  882  being the lowest achievement level, level 5 being the highest
  883  achievement level, and level 3 indicating satisfactory
  884  performance on an assessment. For purposes of FCAT Writing,
  885  student achievement shall be scored using a scale of 1 through 6
  886  and the score earned shall be used in calculating school grades.
  887  A score shall be designated for each subject area tested, below
  888  which score a student’s performance is deemed inadequate. The
  889  school districts shall provide appropriate remedial instruction
  890  to students who score below these levels.
  891         6. The State Board of Education shall, by rule, designate a
  892  passing score for each part of the grade 10 assessment test and
  893  end-of-course assessments. Any rule that has the effect of
  894  raising the required passing scores may apply only to students
  895  taking the assessment for the first time after the rule is
  896  adopted by the State Board of Education. Except as otherwise
  897  provided in this subparagraph and as provided in s.
  898  1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b),
  899  students must earn a passing score on grade 10 FCAT Reading and
  900  grade 10 FCAT Mathematics or attain concordant scores as
  901  described in subsection (10) in order to qualify for a standard
  902  or career technical high school diploma.
  903         7. In addition to designating a passing score under
  904  subparagraph 6., the State Board of Education shall also
  905  designate, by rule, a score for each statewide, standardized
  906  end-of-course assessment which indicates that a student is high
  907  achieving and has the potential to meet college-readiness
  908  standards by the time the student graduates from high school.
  909         8. Participation in the testing program is mandatory for
  910  all students attending public school, including students served
  911  in Department of Juvenile Justice programs, except as otherwise
  912  prescribed by the commissioner. A student who has not earned
  913  passing scores on the grade 10 FCAT as provided in subparagraph
  914  6. must participate in each retake of the assessment until the
  915  student earns passing scores or achieves scores on a
  916  standardized assessment which are concordant with passing scores
  917  pursuant to subsection (10). If a student does not participate
  918  in the statewide assessment, the district must notify the
  919  student’s parent and provide the parent with information
  920  regarding the implications of such nonparticipation. A parent
  921  must provide signed consent for a student to receive classroom
  922  instructional accommodations that would not be available or
  923  permitted on the statewide assessments and must acknowledge in
  924  writing that he or she understands the implications of such
  925  instructional accommodations. The State Board of Education shall
  926  adopt rules, based upon recommendations of the commissioner, for
  927  the provision of test accommodations for students in exceptional
  928  education programs and for students who have limited English
  929  proficiency. Accommodations that negate the validity of a
  930  statewide assessment are not allowable in the administration of
  931  the FCAT or an end-of-course assessment. However, instructional
  932  accommodations are allowable in the classroom if included in a
  933  student’s individual education plan. Students using
  934  instructional accommodations in the classroom that are not
  935  allowable as accommodations on the FCAT or an end-of-course
  936  assessment may have the FCAT or an end-of-course assessment
  937  requirement waived pursuant to the requirements of s.
  938  1003.428(8)(b), s. 1003.4287(8)(b), or s. 1003.43(11)(b).
  939         9. A student seeking an adult high school diploma must meet
  940  the same testing requirements that a regular high school student
  941  must meet.
  942         10. District school boards must provide instruction to
  943  prepare students in the core curricular content established in
  944  the Next Generation Sunshine State Standards adopted under s.
  945  1003.41, including the core content knowledge and skills
  946  necessary for successful grade-to-grade progression and high
  947  school graduation. If a student is provided with instructional
  948  accommodations in the classroom that are not allowable as
  949  accommodations in the statewide assessment program, as described
  950  in the test manuals, the district must inform the parent in
  951  writing and must provide the parent with information regarding
  952  the impact on the student’s ability to meet expected performance
  953  levels in reading, writing, mathematics, and science. The
  954  commissioner shall conduct studies as necessary to verify that
  955  the required core curricular content is part of the district
  956  instructional programs.
  957         11. District school boards must provide opportunities for
  958  students to demonstrate an acceptable performance level on an
  959  alternative standardized assessment approved by the State Board
  960  of Education following enrollment in summer academies.
  961         12. The Department of Education must develop, or select,
  962  and implement a common battery of assessment tools that will be
  963  used in all juvenile justice programs in the state. These tools
  964  must accurately measure the core curricular content established
  965  in the Next Generation Sunshine State Standards.
  966         13. For students seeking a special diploma pursuant to s.
  967  1003.438, the Department of Education must develop or select and
  968  implement an alternate assessment tool that accurately measures
  969  the core curricular content established in the Next Generation
  970  Sunshine State Standards for students with disabilities under s.
  971  1003.438.
  972         14. The Commissioner of Education shall establish schedules
  973  for the administration of statewide assessments and the
  974  reporting of student test results. When establishing the
  975  schedules for the administration of statewide assessments, the
  976  commissioner shall consider the observance of religious and
  977  school holidays. The commissioner shall, by August 1 of each
  978  year, notify each school district in writing and publish on the
  979  department’s Internet website the testing and reporting
  980  schedules for, at a minimum, the school year following the
  981  upcoming school year. The testing and reporting schedules shall
  982  require that:
  983         a. There is the latest possible administration of statewide
  984  assessments and the earliest possible reporting to the school
  985  districts of student test results which is feasible within
  986  available technology and specific appropriations; however, test
  987  results for the FCAT must be made available no later than the
  988  week of June 8. Student results for end-of-course assessments
  989  must be provided no later than 1 week after the school district
  990  completes testing for each course. The commissioner may extend
  991  the reporting schedule under exigent circumstances.
  992         b. FCAT Writing may not be administered earlier than the
  993  week of March 1, and a comprehensive statewide assessment of any
  994  other subject may not be administered earlier than the week of
  995  April 15.
  996         c. A statewide, standardized end-of-course assessment is
  997  administered at the end of the course. The commissioner shall
  998  select an administration period for assessments that meets the
  999  intent of end-of-course assessments and provides student results
 1000  prior to the end of the course. School districts shall
 1001  administer tests in accordance with the schedule determined by
 1002  the commissioner. For an end-of-course assessment administered
 1003  at the end of the first semester, the commissioner shall
 1004  determine the most appropriate testing dates based on a review
 1005  of each school district’s academic calendar.
 1006  
 1007  The commissioner may, based on collaboration and input from
 1008  school districts, design and implement student testing programs,
 1009  for any grade level and subject area, necessary to effectively
 1010  monitor educational achievement in the state, including the
 1011  measurement of educational achievement of the Next Generation
 1012  Sunshine State Standards for students with disabilities.
 1013  Development and refinement of assessments shall include
 1014  universal design principles and accessibility standards that
 1015  will prevent any unintended obstacles for students with
 1016  disabilities while ensuring the validity and reliability of the
 1017  test. These principles should be applicable to all technology
 1018  platforms and assistive devices available for the assessments.
 1019  The field testing process and psychometric analyses for the
 1020  statewide assessment program must include an appropriate
 1021  percentage of students with disabilities and an evaluation or
 1022  determination of the effect of test items on such students.
 1023         (9) APPLICABILITY OF TESTING STANDARDS.—
 1024         (b) A student must attain the passing scores on the
 1025  statewide assessment required for a standard or career technical
 1026  high school diploma or for high school course credits under sub
 1027  sub-subparagraphs (3)(c)2.a.(I) and (II) which are in effect at
 1028  the time the student enters grade 9. If a student transfers into
 1029  a high school, the school principal shall determine, in
 1030  accordance with State Board of Education rule, whether the
 1031  student must take an end-of-course assessment in a course for
 1032  which the student has credit that was earned from the previous
 1033  school.
 1034         (c) If the commissioner revises a statewide assessment and
 1035  the revisions require the State Board of Education to modify the
 1036  passing scores required for a standard or career technical high
 1037  school diploma or for high school course credits under sub-sub
 1038  subparagraphs (3)(c)2.a.(I) and (II), the commissioner may, with
 1039  approval of the state board, discontinue administration of the
 1040  former assessment upon the graduation, based on normal student
 1041  progression, of students participating in the final regular
 1042  administration of the former assessment. The state board shall
 1043  adopt by rule passing scores for the revised assessment which
 1044  are statistically equivalent to passing scores on the
 1045  discontinued assessment for a student required under paragraph
 1046  (b) to attain passing scores on the discontinued assessment.
 1047         Section 13. This act shall take effect July 1, 2013.