Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 904
                                Barcode 239394                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2013           .                                

       The Committee on Education (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1007.012, Florida Statutes, is created
    6  to read:
    7         1007.012Florida Accredited Courses and Tests Initiative
    8  (FACTs).—
    9         (1)The Florida Accredited Courses and Tests Initiative
   10  (FACTs) is created to expand student choices in selecting
   11  multiple, high-quality public and nonpublic courses and
   12  assessments toward satisfying course, assessment, or credit
   13  requirements for promotion, graduation, or degree attainment.
   14  The purpose of the initiative is to make available multiple
   15  options to suit unique student interests, satisfy educational
   16  requirements, and accelerate student accomplishment of goals in
   17  a productive and effective manner.
   18         (2) The Legislature intends that state and local rules,
   19  policies, and administrative decisions are flexible in
   20  interpreting and implementing the requirements in this section
   21  in order to encourage creative, innovative, resourceful, and
   22  forward-thinking practices that can be modeled throughout this
   23  state and the country. The Legislature intends that the Florida
   24  Accredited Courses and Tests Initiative generate sufficient
   25  options for students to combine multiple instructional
   26  experiences and build complete programs for attaining a standard
   27  high school diploma and a postsecondary education degree which
   28  are tailored to the unique interests of each student.
   29         (3)The initiative allows students in this state to satisfy
   30  public K-12 education promotion or high school graduation
   31  course, assessment, or credit requirements, or to satisfy
   32  requirements for public postsecondary credit or degree
   33  attainment by successfully meeting the assessment requirements
   34  of this subsection.
   35         (a)As used in this section, the term “Florida-accredited
   36  course” is a K-12 course or postsecondary education credit
   37  course that:
   38         1. Is created by individuals whose credentials and
   39  documented knowledge of a specific science, technology,
   40  engineering, or math field warrants consideration as a credible
   41  and legitimate source of course content;
   42         2. Is provided or distributed by individuals, institutions,
   43  entities, or organizations; and
   44         3. Has fulfilled requirements under subsection (4) for
   45  purposes of satisfying requirements for promotion, graduation,
   46  or obtaining a degree. A massive, open online course and a
   47  course associated with rigorous industry certifications are
   48  eligible for consideration and approval as a Florida-accredited
   49  course.
   50         (b)Courses and assessments may be applied toward
   51  requirements for promotion, graduation, or degree attainment in
   52  whole, in subparts, or in a combination of whole and subparts.
   53         1.A Florida-accredited course, a public K-12 course
   54  identified on the course code directory, or a postsecondary
   55  education course identified on the statewide course numbering
   56  system, may be applied as one whole unit or as two or more
   57  discrete subunits such that when combined, they are equivalent
   58  to the whole unit. A student may not be required to repeat
   59  subunits that are satisfactorily completed.
   60         2.Assessments associated with a course must be established
   61  by regionally accredited public institutions and must be
   62  approved in accordance with subsection (4). The assessments may
   63  be applied as one whole assessment or as two or more discrete
   64  subassessments such that when combined, they are equivalent to
   65  the whole assessment. A student may not be required to repeat
   66  subassessments that are satisfactorily completed. Assessments
   67  and subassessments shall be administered pursuant to s. 1008.24.
   68         (4) A Florida-accredited course and its associated
   69  assessments must be annually identified, approved, published,
   70  and shared for consideration by interested students,
   71  institutions, school districts, colleges, and universities.
   72         (a) Each Florida-accredited course and its associated
   73  assessments must be:
   74         1.Approved by the Commissioner of Education for
   75  application in K-12 public schools and Florida College System
   76  institutions in accordance with rules of the State Board of
   77  Education.
   78         2.Approved by the Chancellor of the State University
   79  System for application in state universities in accordance with
   80  rules of the Board of Governors.
   81         (b)The Articulation Coordinating Committee established in
   82  s. 1007.01 shall annually publish and share a consolidated list
   83  of approved Florida-accredited courses and associated, approved
   84  assessments in conjunction with the courses listed in the course
   85  code directory and statewide course numbering system in a manner
   86  that facilitates student and institutional knowledge of the
   87  Florida-accredited courses as options available for credit.
   88         Section 2. Section 1008.24, Florida Statutes, is amended to
   89  read:
   90         1008.24 Test administration and security.—
   91         (1) A person may not It is unlawful for anyone knowingly
   92  and willfully to violate test security rules adopted by the
   93  State Board of Education for mandatory tests administered by or
   94  through the State Board of Education or the Commissioner of
   95  Education to students, educators, or applicants for
   96  certification or administered by school districts pursuant to s.
   97  1008.22, or, with respect to any such test, knowingly and
   98  willfully to:
   99         (a) Give examinees access to test questions prior to
  100  testing;
  101         (b) Copy, reproduce, or use in any manner inconsistent with
  102  test security rules all or any portion of any secure test
  103  booklet;
  104         (c) Coach examinees during testing or alter or interfere
  105  with examinees’ responses in any way;
  106         (d) Make answer keys available to examinees;
  107         (e) Fail to follow security rules for distribution and
  108  return of secure test as directed, or fail to account for all
  109  secure test materials before, during, and after testing;
  110         (f) Fail to follow test administration directions specified
  111  in the test administration manuals; or
  112         (g) Participate in, direct, aid, counsel, assist in, or
  113  encourage any of the acts prohibited in this section.
  114         (2) A Any person who violates this section commits a
  115  misdemeanor of the first degree, punishable as provided in s.
  116  775.082 or s. 775.083.
  117         (3) A school district, a Florida College System
  118  institution, and a state university may contract with qualified
  119  contractors to administer and proctor statewide, standardized
  120  assessments required under s. 1008.22 or assessments associated
  121  with Florida-accredited courses under s. 1007.012, as approved
  122  by the Department of Education in accordance with rules of the
  123  State Board of Education. The Department of Education may also
  124  contract for these services on behalf of the state or any school
  125  district, Florida College System institution, or state
  126  university. Assessments may be administered or proctored by
  127  qualified contractors at sites that meet criteria established by
  128  rules of the State Board of Education and adopted pursuant to
  129  ss. 120.536(1) and 120.54 to implement the contracting
  130  requirements of this subsection.
  131         (4)(3)(a) A district school superintendent, a president of
  132  a public postsecondary educational institution, or a president
  133  of a nonpublic postsecondary educational institution shall
  134  cooperate with the Commissioner of Education in any
  135  investigation concerning the administration of a test
  136  administered pursuant to state statute or rule.
  137         (b) The identity of a school or postsecondary educational
  138  institution, the personally identifiable information of any
  139  personnel of any school district or postsecondary educational
  140  institution, or any specific allegations of misconduct obtained
  141  or reported pursuant to an investigation conducted by the
  142  Department of Education of a testing impropriety are
  143  confidential and exempt from the provisions of s. 119.07(1) and
  144  s. 24(a), Art. I of the State Constitution until the conclusion
  145  of the investigation or until such time as the investigation
  146  ceases to be active. For the purpose of this paragraph, an
  147  investigation shall be deemed concluded upon a finding that no
  148  impropriety has occurred, upon the conclusion of any resulting
  149  preliminary investigation pursuant to s. 1012.796, upon the
  150  completion of any resulting investigation by a law enforcement
  151  agency, or upon the referral of the matter to an employer who
  152  has the authority to take disciplinary action against an
  153  individual who is suspected of a testing impropriety. For the
  154  purpose of this paragraph, an investigation shall be considered
  155  active so long as it is ongoing and there is a reasonable, good
  156  faith anticipation that an administrative finding will be made
  157  in the foreseeable future. This paragraph is subject to the Open
  158  Government Sunset Review Act in accordance with s. 119.15 and
  159  shall stand repealed on October 2, 2014, unless reviewed and
  160  saved from repeal through reenactment by the Legislature.
  161         Section 3. This act shall take effect July 1, 2013.
  163  ================= T I T L E  A M E N D M E N T ================
  164         And the title is amended as follows:
  165         Delete everything before the enacting clause
  166  and insert:
  167                        A bill to be entitled                      
  168         An act relating to education; creating s. 1007.012,
  169         F.S.; creating the Florida Accredited Courses and
  170         Tests Initiative (FACTs); providing the purpose of the
  171         initiative; providing legislative intent; providing
  172         that implementing the initiative allows students to
  173         satisfy certain requirements; defining the term
  174         “Florida-accredited course” as it relates to the
  175         initiative; providing for application of certain
  176         courses and assessments toward promotion, graduation,
  177         and degree attainment; requiring that Florida
  178         accredited courses and their assessments be annually
  179         identified, approved, published, and shared for
  180         consideration by certain students and entities;
  181         requiring the Commissioner of Education and the
  182         Chancellor of the State University System to approve
  183         each Florida-accredited course and its assessments;
  184         requiring the Articulation Coordinating Committee to
  185         annually publish and share a list of approved Florida
  186         accredited courses, their assessments, and other
  187         courses; amending s. 1008.24, F.S.; authorizing a
  188         school district, a Florida College System institution,
  189         and a state university to contract with qualified
  190         contractors to administer and proctor statewide
  191         standardized assessments or assessments associated
  192         with Florida-accredited courses; authorizing the
  193         Department of Education to contract for these services
  194         on behalf of the state or a school district, Florida
  195         College System institution, or state university;
  196         providing that assessments may be administered or
  197         proctored by qualified contractors at sites that meet
  198         certain criteria; providing an effective date.