Florida Senate - 2013                                     SB 904
       By Senator Brandes
       22-00571A-13                                           2013904__
    1                        A bill to be entitled                      
    2         An act relating to education; creating s. 1007.012,
    3         F.S.; creating the Florida Flexible Option Initiative;
    4         providing the purpose of the initiative; providing
    5         legislative intent; providing that implementing the
    6         initiative allows students to satisfy certain
    7         requirements; defining the term “Florida-accredited
    8         charter course” as it relates to the initiative;
    9         providing for application of certain courses and
   10         assessments toward promotion, graduation, and degree
   11         attainment; requiring that Florida-accredited charter
   12         courses and their assessments be annually identified,
   13         approved, published, and shared for consideration by
   14         certain students and entities; requiring the
   15         Commissioner of Education and the Chancellor of the
   16         State University System to approve each Florida
   17         accredited charter course and its assessments;
   18         requiring the Articulation Coordinating Committee to
   19         annually publish and share a list of approved Florida
   20         accredited charter courses, their assessments, and
   21         other courses; amending s. 1008.24, F.S.; authorizing
   22         a school district, a Florida College System
   23         institution, and a state university to contract with
   24         qualified contractors to administer and proctor
   25         statewide standardized assessments or assessments
   26         associated with Florida-accredited charter courses;
   27         authorizing the Department of Education to contract
   28         for these services on behalf of the state or a school
   29         district, Florida College System institution, or state
   30         university; providing that assessments may be
   31         administered or proctored by qualified contractors at
   32         sites that meet certain criteria; providing an
   33         effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 1007.012, Florida Statutes, is created
   38  to read:
   39         1007.012Florida Flexible Option Initiative.—
   40         (1)The Florida Flexible Option Initiative is created to
   41  expand student choices in selecting multiple, high-quality
   42  public and nonpublic courses and assessments toward satisfying
   43  course, assessment, or credit requirements for promotion,
   44  graduation, or degree attainment. The purpose of the initiative
   45  is to make available multiple options to suit unique student
   46  interests, satisfy educational requirements, and accelerate
   47  student accomplishment of goals in a productive and effective
   48  manner.
   49         (2) The Legislature intends that state and local rules,
   50  policies, and administrative decisions are flexible in
   51  interpreting and implementing the requirements in this section
   52  in order to encourage creative, innovative, resourceful, and
   53  forward-thinking practices that can be modeled throughout this
   54  state and the country. The Legislature intends that the Florida
   55  Flexible Option Initiative generate sufficient options for
   56  students to combine multiple instructional experiences and build
   57  complete programs for attaining a standard high school diploma
   58  and a postsecondary education degree which are tailored to the
   59  unique interests of each student.
   60         (3)The initiative allows students in this state to satisfy
   61  public K-12 education promotion or high school graduation
   62  course, assessment, or credit requirements, or to satisfy
   63  requirements for public postsecondary credit or degree
   64  attainment by successfully meeting the assessment requirements
   65  of this subsection.
   66         (a)As used in this section, the term “Florida-accredited
   67  charter course” is a K-12 course or postsecondary education
   68  credit course that:
   69         1. Is created by individuals whose credentials and
   70  documented knowledge of a specific science, technology,
   71  engineering, or math field warrants consideration as a credible
   72  and legitimate source of course content;
   73         2. Is provided or distributed by individuals, institutions,
   74  entities, or organizations; and
   75         3. Has fulfilled requirements under subsection (4) for
   76  purposes of satisfying requirements for promotion, graduation,
   77  or obtaining a degree. A massive, open online course and a
   78  course associated with rigorous industry certifications are
   79  eligible for consideration and approval as a Florida-accredited
   80  charter course.
   81         (b)Courses and assessments may be applied toward
   82  requirements for promotion, graduation, or degree attainment in
   83  whole, in subparts, or in a combination of whole and subparts.
   84         1.A Florida-accredited charter course, a public K-12
   85  course identified on the course code directory, or a
   86  postsecondary education course identified on the statewide
   87  course numbering system, may be applied as one whole unit or as
   88  two or more discrete subunits such that when combined, they are
   89  equivalent to the whole unit. A student may not be required to
   90  repeat subunits that are satisfactorily completed.
   91         2.Assessments associated with a course must be established
   92  by regionally accredited public institutions and must be
   93  approved in accordance with subsection (4). The assessments may
   94  be applied as one whole assessment or as two or more discrete
   95  subassessments such that when combined, they are equivalent to
   96  the whole assessment. A student may not be required to repeat
   97  subassessments that are satisfactorily completed. Assessments
   98  and subassessments shall be administered pursuant to s. 1008.24.
   99         (4) A Florida-accredited charter course and its associated
  100  assessments must be annually identified, approved, published,
  101  and shared for consideration by interested students,
  102  institutions, school districts, colleges, and universities.
  103         (a) Each Florida-accredited charter course and its
  104  associated assessments must be:
  105         1.Approved by the Commissioner of Education for
  106  application in K-12 public schools and Florida College System
  107  institutions in accordance with rules of the State Board of
  108  Education.
  109         2.Approved by the Chancellor of the State University
  110  System for application in state universities in accordance with
  111  rules of the Board of Governors.
  112         (b)The Articulation Coordinating Committee established in
  113  s. 1007.01 shall annually publish and share a consolidated list
  114  of approved Florida-accredited charter courses and associated,
  115  approved assessments in conjunction with the courses listed in
  116  the course code directory and statewide course numbering system
  117  in a manner that facilitates student and institutional knowledge
  118  of the Florida-accredited charter courses as options available
  119  for credit.
  120         Section 2. Section 1008.24, Florida Statutes, is amended to
  121  read:
  122         1008.24 Test administration and security.—
  123         (1) A person may not It is unlawful for anyone knowingly
  124  and willfully to violate test security rules adopted by the
  125  State Board of Education for mandatory tests administered by or
  126  through the State Board of Education or the Commissioner of
  127  Education to students, educators, or applicants for
  128  certification or administered by school districts pursuant to s.
  129  1008.22, or, with respect to any such test, knowingly and
  130  willfully to:
  131         (a) Give examinees access to test questions prior to
  132  testing;
  133         (b) Copy, reproduce, or use in any manner inconsistent with
  134  test security rules all or any portion of any secure test
  135  booklet;
  136         (c) Coach examinees during testing or alter or interfere
  137  with examinees’ responses in any way;
  138         (d) Make answer keys available to examinees;
  139         (e) Fail to follow security rules for distribution and
  140  return of secure test as directed, or fail to account for all
  141  secure test materials before, during, and after testing;
  142         (f) Fail to follow test administration directions specified
  143  in the test administration manuals; or
  144         (g) Participate in, direct, aid, counsel, assist in, or
  145  encourage any of the acts prohibited in this section.
  146         (2) A Any person who violates this section commits a
  147  misdemeanor of the first degree, punishable as provided in s.
  148  775.082 or s. 775.083.
  149         (3) A school district, a Florida College System
  150  institution, and a state university may contract with qualified
  151  contractors to administer and proctor statewide, standardized
  152  assessments required under s. 1008.22 or assessments associated
  153  with Florida-accredited charter courses under s. 1007.012, as
  154  approved by the Department of Education in accordance with rules
  155  of the State Board of Education. The Department of Education may
  156  also contract for these services on behalf of the state or any
  157  school district, Florida College System institution, or state
  158  university. Assessments may be administered or proctored by
  159  qualified contractors at sites that meet criteria established by
  160  rules of the State Board of Education and adopted pursuant to
  161  ss. 120.536(1) and 120.54 to implement the contracting
  162  requirements of this subsection.
  163         (4)(3)(a) A district school superintendent, a president of
  164  a public postsecondary educational institution, or a president
  165  of a nonpublic postsecondary educational institution shall
  166  cooperate with the Commissioner of Education in any
  167  investigation concerning the administration of a test
  168  administered pursuant to state statute or rule.
  169         (b) The identity of a school or postsecondary educational
  170  institution, the personally identifiable information of any
  171  personnel of any school district or postsecondary educational
  172  institution, or any specific allegations of misconduct obtained
  173  or reported pursuant to an investigation conducted by the
  174  Department of Education of a testing impropriety are
  175  confidential and exempt from the provisions of s. 119.07(1) and
  176  s. 24(a), Art. I of the State Constitution until the conclusion
  177  of the investigation or until such time as the investigation
  178  ceases to be active. For the purpose of this paragraph, an
  179  investigation shall be deemed concluded upon a finding that no
  180  impropriety has occurred, upon the conclusion of any resulting
  181  preliminary investigation pursuant to s. 1012.796, upon the
  182  completion of any resulting investigation by a law enforcement
  183  agency, or upon the referral of the matter to an employer who
  184  has the authority to take disciplinary action against an
  185  individual who is suspected of a testing impropriety. For the
  186  purpose of this paragraph, an investigation shall be considered
  187  active so long as it is ongoing and there is a reasonable, good
  188  faith anticipation that an administrative finding will be made
  189  in the foreseeable future. This paragraph is subject to the Open
  190  Government Sunset Review Act in accordance with s. 119.15 and
  191  shall stand repealed on October 2, 2014, unless reviewed and
  192  saved from repeal through reenactment by the Legislature.
  193         Section 3. This act shall take effect July 1, 2013.