Florida Senate - 2015                                    SB 1496
       By Senator Evers
       2-01116A-15                                           20151496__
    1                        A bill to be entitled                      
    2         An act relating to assessments and accountability;
    3         providing legislative intent; amending s. 1003.41,
    4         F.S.; deleting the Next Generation Sunshine State
    5         Standards and replacing them with district-selected
    6         English Language Arts and mathematics standards;
    7         requiring the Commissioner of Education to develop and
    8         maintain a proposed list of certain English Language
    9         Arts and mathematics standards; providing standards
   10         that must be included on the list; requiring each
   11         district school board to select and implement a set of
   12         standards from among those on the list; providing for
   13         review and revision of the list; prohibiting the
   14         Department of Education or a district school board
   15         from entering into certain agreements that cede or
   16         limit state or district autonomy over academic content
   17         standards and corresponding assessments; requiring the
   18         department or district school board to amend or
   19         terminate certain agreements; limiting rulemaking;
   20         amending s. 1003.42, F.S.; revising required public K
   21         12 educational instruction; providing that parents
   22         must give written consent for students to participate
   23         in certain instruction; amending s. 1008.22, F.S.;
   24         revising the student assessment program for public
   25         schools; deleting the requirement for national and
   26         international comparison of certain assessments;
   27         deleting the requirement for statewide, standardized
   28         assessments; requiring the commissioner to develop and
   29         maintain a list of assessments from which a district
   30         school board must select; requiring the commissioner
   31         to determine percentile rankings from the listed
   32         assessments to correspond to achievement levels;
   33         requiring students in certain grades to take
   34         assessments on specific subjects; providing for the
   35         scheduling, administration, analysis, and reporting of
   36         assessment results; providing that certain assessments
   37         shall be administered at the discretion of the school
   38         district; exempting certain students from
   39         participation in the assessment program; providing
   40         that student data must be aggregated, anonymized, and
   41         de-identified for certain purposes; requiring the
   42         commissioner to terminate a contract; limiting
   43         rulemaking; amending s. 1008.34, F.S.; revising
   44         definitions; providing an exception for schools to
   45         assess a certain percentage of the school population;
   46         revising the criteria and calculation for school
   47         grades; revising the requirements of school and
   48         district report cards; providing an effective date.
   50  Be It Enacted by the Legislature of the State of Florida:
   52         Section 1. Legislative intent.—It is the intent of the
   53  Legislature to:
   54         (1) Empower Florida’s stakeholders in education.
   55         (2) Reclaim the state’s educational sovereignty under the
   56  United States Constitution and the State Constitution for the
   57  Legislature, the duly elected district school boards, and the
   58  citizens of the state.
   59         (3) Allow teachers to spend more time helping their
   60  students thrive according to their knowledge and skills.
   61         (4) Limit testing and allow students to reclaim classroom
   62  instruction time in order to have a broad-based academic
   63  education that will enable them to choose their own paths and to
   64  preserve our republic.
   65         (5) Reaffirm inherent parental rights to raise and educate
   66  their children and unleash the creative potential of the
   67  children of the state.
   68         Section 2. Section 1003.41, Florida Statutes, is amended to
   69  read:
   70         1003.41 District-selected standards Next Generation
   71  Sunshine State Standards.—
   72         (1)(a) The Commissioner of Education shall develop and
   73  maintain a list of English Language Arts and mathematics
   74  standards from the best available standards in place before
   75  January 1, 2009. The list of standards must include:
   76         1. English Language Arts standards from California,
   77  Florida, Indiana, Massachusetts, and Texas.
   78         2. Mathematics standards from California, Florida, Indiana,
   79  Massachusetts, and Minnesota.
   80         (b) Each district school board, after a broad, transparent
   81  discussion and comment period with parents, teachers, and other
   82  stakeholders, must select and implement a set of English
   83  Language Arts and mathematics standards from among those on the
   84  list provided by the commissioner pursuant to paragraph (a).
   85         (2) The commissioner, with input from parents, teachers,
   86  and other stakeholders, shall review, develop, and submit to the
   87  Legislature for review and approval proposed revisions to the
   88  list of English Language Arts and mathematics standards. Any
   89  proposed revisions must be implemented in rules in conjunction
   90  with the adoption of new instructional materials.
   91         (3)(a) The Department of Education or a district school
   92  board may not enter into any agreement, memorandum of
   93  understanding, or contract with a federal agency or private
   94  entity that cedes or limits the state’s or school district’s
   95  control over the development, adoption, or revision of academic
   96  content standards or corresponding assessments, including, but
   97  not limited to, agreements, memoranda, or contracts for funding
   98  public schools and programs.
   99         (b) If the department or a district school board entered
  100  into an agreement, memorandum, or contract before the effective
  101  date of this section, and such agreement, memorandum, or
  102  contract would be prohibited under paragraph (a) if entered into
  103  on or after the effective date of this section, the department
  104  or district school board must amend or terminate the agreement,
  105  memorandum, or contract to comply with the requirements of
  106  paragraph (a). Next Generation Sunshine State Standards
  107  establish the core content of the curricula to be taught in the
  108  state and specify the core content knowledge and skills that K
  109  12 public school students are expected to acquire. Standards
  110  must be rigorous and relevant and provide for the logical,
  111  sequential progression of core curricular content that
  112  incrementally increases a student’s core content knowledge and
  113  skills over time. Curricular content for all subjects must
  114  integrate critical-thinking, problem-solving, and workforce
  115  literacy skills; communication, reading, and writing skills;
  116  mathematics skills; collaboration skills; contextual and
  117  applied-learning skills; technology-literacy skills; information
  118  and media-literacy skills; and civic-engagement skills. The
  119  standards must include distinct grade-level expectations for the
  120  core content knowledge and skills that a student is expected to
  121  have acquired by each individual grade level from kindergarten
  122  through grade 8. The standards for grades 9 through 12 may be
  123  organized by grade clusters of more than one grade level except
  124  as otherwise provided for visual and performing arts, physical
  125  education, health, and foreign language standards.
  126         (2)Next Generation Sunshine State Standards must meet the
  127  following requirements:
  128         (a) English Language Arts standards must establish specific
  129  curricular content for, at a minimum, reading, writing, speaking
  130  and listening, and language.
  131         (b) Science standards must establish specific curricular
  132  content for, at a minimum, the nature of science, earth and
  133  space science, physical science, and life science.
  134         (c) Mathematics standards must establish specific
  135  curricular content for, at a minimum, algebra, geometry,
  136  statistics and probability, number and quantity, functions, and
  137  modeling.
  138         (d) Social Studies standards must establish specific
  139  curricular content for, at a minimum, geography, United States
  140  and world history, government, civics, humanities, and
  141  economics, including financial literacy. Financial literacy
  142  includes the knowledge, understanding, skills, behaviors,
  143  attitudes, and values that will enable a student to make
  144  responsible and effective financial decisions on a daily basis.
  145  Financial literacy instruction shall be an integral part of
  146  instruction throughout the entire economics course and include
  147  information regarding earning income; buying goods and services;
  148  saving and financial investing; taxes; the use of credit and
  149  credit cards; budgeting and debt management, including student
  150  loans and secured loans; banking and financial services;
  151  planning for one’s financial future, including higher education
  152  and career planning; credit reports and scores; and fraud and
  153  identity theft prevention.
  154         (e) Visual and performing arts, physical education, health,
  155  and foreign language standards must establish specific
  156  curricular content and include distinct grade level expectations
  157  for the core content knowledge and skills that a student is
  158  expected to have acquired by each individual grade level from
  159  kindergarten through grade 5. The standards for grades 6 through
  160  12 may be organized by grade clusters of more than one grade
  161  level.
  162         (3)The Commissioner of Education, as needed, shall develop
  163  and submit proposed revisions to the standards for review and
  164  comment by Florida educators, school administrators,
  165  representatives of the Florida College System institutions and
  166  state universities who have expertise in the content knowledge
  167  and skills necessary to prepare a student for postsecondary
  168  education and careers, business and industry leaders, and the
  169  public. The commissioner, after considering reviews and
  170  comments, shall submit the proposed revisions to the State Board
  171  of Education for adoption.
  172         (4) The State Board of Education shall adopt rules to
  173  administer this section.
  174         Section 3. Section 1003.42, Florida Statutes, is amended to
  175  read:
  176         1003.42 Required instruction.—
  177         (1) Each district school board shall provide all courses
  178  required for middle grades promotion, high school graduation,
  179  and appropriate instruction designed to ensure that students
  180  meet State Board of Education adopted standards in the following
  181  subject areas: English Language Arts, including reading, and
  182  other language arts, mathematics, science, social studies,
  183  foreign languages, health and physical education, and the arts.
  184  The state board must remove an English Language Arts or
  185  mathematics a middle grades course in the Course Code Directory
  186  that does not fully integrate all appropriate curricular content
  187  required by s. 1003.41 and may approve a new English Language
  188  Arts or mathematics course only if it meets the required
  189  curricular content.
  190         (2) Members of the instructional staff of the public
  191  schools, subject to the rules of the State Board of Education
  192  and the district school board, shall use teach efficiently and
  193  faithfully, using the books and materials required that meet the
  194  highest standards for professionalism and historic accuracy, the
  195  district school board’s standards regarding the prohibition of
  196  sexually explicit content, and the criteria established in s.
  197  1006.34(2)(b)., following the prescribed courses of study, and
  198  employing approved methods of Instruction must include, the
  199  following:
  200         (a) The history and content of the Declaration of
  201  Independence, including national and state sovereignty, natural
  202  law, self-evident truth, equality of all persons, limited
  203  government, popular sovereignty, and inalienable rights of life,
  204  liberty, and property, and how they form the philosophical
  205  foundation of our government.
  206         (b) The history, meaning, significance, and effect of the
  207  provisions of the Constitution of the United States and
  208  amendments thereto, with emphasis on each of the 10 amendments
  209  that make up the Bill of Rights and how the constitution
  210  provides the structure of our government.
  211         (c) The arguments in support of adopting our republican
  212  form of government, as they are embodied in the most important
  213  of the Federalist Papers.
  214         (d) Flag education, including proper flag display and flag
  215  salute.
  216         (e) The elements of civil government, including the primary
  217  functions of and interrelationships between the Federal
  218  Government, the state, and its counties, municipalities, school
  219  districts, and special districts.
  220         (f) The history of the United States, including the period
  221  of discovery, early colonies, the War for Independence, the
  222  Civil War, the expansion of the United States to its present
  223  boundaries, the world wars, and the civil rights movement to the
  224  present. American history shall be viewed as factual, not as
  225  constructed, shall be viewed as knowable, teachable, and
  226  testable, and shall be defined as the creation of a new nation
  227  based largely on the universal principles stated in the
  228  Declaration of Independence.
  229         (g) The history of the Holocaust (1933-1945), the
  230  systematic, planned annihilation of European Jews and other
  231  groups by Nazi Germany, a watershed event in the history of
  232  humanity, to be taught in a manner that leads to an
  233  investigation of human behavior, an understanding of the
  234  ramifications of prejudice, racism, and stereotyping, and an
  235  examination of what it means to be a responsible and respectful
  236  person, for the purposes of encouraging tolerance of diversity
  237  in a pluralistic society and for nurturing and protecting
  238  democratic values and institutions.
  239         (h) The history of African Americans, including the history
  240  of African peoples before the political conflicts that led to
  241  the development of slavery, the passage to America, the
  242  enslavement experience, abolition, and the contributions of
  243  African Americans to society. Instructional materials shall
  244  include the contributions of African Americans to American
  245  society.
  246         (i) The elementary principles of agriculture, including its
  247  importance to food security in the United States and its impact
  248  on the state’s economy.
  249         (j) The true effects of all alcoholic and intoxicating
  250  liquors and beverages and narcotics upon the human body and
  251  mind.
  252         (k) Kindness to animals.
  253         (l) The history of the state.
  254         (m) The conservation and stewardship of natural resources.
  255         (n) Comprehensive health education that addresses concepts
  256  of community health; consumer health; environmental health;
  257  family life, including an awareness of the benefits of sexual
  258  abstinence as the expected standard and the consequences of
  259  teenage pregnancy; mental and emotional health; injury
  260  prevention and safety; Internet safety; nutrition; personal
  261  health; prevention and control of disease; and substance use and
  262  abuse. The health education curriculum for students in grades 7
  263  through 12 shall include a teen dating violence and abuse
  264  component that includes, but is not limited to, the definition
  265  of dating violence and abuse, the warning signs of dating
  266  violence and abusive behavior, the characteristics of healthy
  267  relationships, measures to prevent and stop dating violence and
  268  abuse, and community resources available to victims of dating
  269  violence and abuse.
  270         (o) Such additional materials, subjects, courses, or fields
  271  in such grades as are prescribed by law or by rules of the State
  272  Board of Education and the district school board in fulfilling
  273  the requirements of law.
  274         (p) The study of Hispanic contributions to the United
  275  States.
  276         (q) The study of women’s contributions to the United
  277  States.
  278         (r) The nature and importance of free enterprise to the
  279  United States economy.
  280         (s) A character-development program in the elementary
  281  schools, similar to Character First or Character Counts, which
  282  is secular in nature. Beginning in school year 2004-2005, the
  283  character-development program shall be required in kindergarten
  284  through grade 12. Each district school board shall develop or
  285  adopt a curriculum for the character-development program that
  286  shall be submitted to the department for approval. The
  287  character-development curriculum shall stress the qualities of
  288  patriotism; responsibility; citizenship; kindness; respect for
  289  authority, life, liberty, and personal property; honesty;
  290  charity; self-control; racial, ethnic, and religious tolerance;
  291  and cooperation.
  292         (t) In order to encourage patriotism, the sacrifices that
  293  veterans have made in serving our country and protecting
  294  democratic values worldwide. Such instruction must occur on or
  295  before Veterans’ Day and Memorial Day. Members of the
  296  instructional staff must are encouraged to use the assistance of
  297  local veterans when practicable.
  299  Each school district The State Board of Education is encouraged
  300  to adopt standards and pursue assessment of the requirements of
  301  this subsection.
  302         (3) A parent must give written consent for his or her child
  303  to participate in Any student whose parent makes written request
  304  to the school principal shall be exempted from the teaching of
  305  family definition, family values, reproductive methods, health,
  306  or sexually transmitted diseases any disease, including
  307  HIV/AIDS, and their its symptoms, development, and treatments
  308  treatment. A student so exempted may not be penalized by reason
  309  of that exemption. Course descriptions for comprehensive health
  310  education shall not interfere with the local determination of
  311  age-appropriate appropriate curriculum which reflects local
  312  values and concerns.
  313         Section 4. Section 1008.22, Florida Statutes, is amended to
  314  read:
  315         1008.22 Student assessment program for public schools.—
  316         (1) PURPOSE.—The primary purpose of the student assessment
  317  program is to provide student academic achievement and learning
  318  gains data to students, parents, teachers, school
  319  administrators, and school district staff. This data is to be
  320  used by districts to improve instruction; by students, parents,
  321  and teachers to guide learning objectives; by education
  322  researchers to assess state, national, and international
  323  education comparison data; and by the public to assess the cost
  324  benefit of the expenditure of taxpayer dollars. Before student
  325  data may be used for education research, parental consent must
  326  be given and the student data must be anonymized, de-identified,
  327  and aggregated. The program must be designed to:
  328         (a) Assess the achievement level and annual learning gains
  329  of each student in English Language Arts and mathematics and the
  330  achievement level in all other subjects assessed.
  331         (b) Provide data for making decisions regarding school
  332  accountability, recognition, and improvement of operations and
  333  management, including schools operating for the purpose of
  334  providing educational services to youth in Department of
  335  Juvenile Justice programs.
  336         (c) Identify the educational strengths and needs of
  337  students and the readiness of students to be promoted to the
  338  next grade level or to graduate from high school.
  339         (c)(d) Assess how well educational goals and curricular
  340  standards are met at the school, district, and state, national,
  341  and international levels.
  342         (d)(e) Provide information to aid in the evaluation and
  343  development of educational programs and policies at the local
  344  and state level.
  346  Florida school districts shall participate in the administration
  347  of the National Assessment of Educational Progress, or similar
  348  national or international assessments, both for the national
  349  sample and for any state-by-state comparison programs that may
  350  be initiated, as directed by the commissioner. The assessments
  351  must be conducted using the data collection procedures, student
  352  surveys, educator surveys, and other instruments included in the
  353  National Assessment of Educational Progress or similar national
  354  or international assessments being administered in Florida. The
  355  administration of such assessments shall be in addition to and
  356  separate from the administration of the statewide, standardized
  357  assessments.
  359         (a) The Commissioner of Education shall require an English
  360  Language Arts and mathematics national norm-referenced
  361  assessment to be administered annually in grades 3 through 8 and
  362  an English Language Arts and mathematics national norm
  363  referenced assessment to be administered once at the high school
  364  level. The assessments are to be administered with paper and
  365  pencil.
  366         (b) The Commissioner of Education shall develop and
  367  maintain a list of pre-2009, national norm-referenced
  368  assessments from which each district school board must choose.
  369  District school boards shall have discretion regarding the use,
  370  development, and implementation of end-of-course assessments and
  371  additional assessments design and implement a statewide,
  372  standardized assessment program aligned to the core curricular
  373  content established in the Next Generation Sunshine State
  374  Standards. The commissioner also must also develop or select and
  375  implement a common battery of assessment tools from the list of
  376  national norm-referenced assessments that will be used in all
  377  juvenile justice education programs in the state. These tools
  378  must accurately measure the district-selected English Language
  379  Arts and mathematics standards pursuant to ss. 1003.41 and
  380  1003.42 core curricular content established in the Next
  381  Generation Sunshine State Standards. Participation in the
  382  district-selected, national norm-referenced assessment program
  383  is mandatory for all school districts. and All students
  384  attending public schools, including adult students seeking a
  385  standard high school diploma under s. 1003.4282 and students in
  386  Department of Juvenile Justice education programs, except as
  387  otherwise provided by law, are expected to participate. However,
  388  a student is not required to participate in the assessment
  389  program if the student:
  390         1. Has a medically certified severe cognitive impairment;
  391         2. Has a certified medical complexity; or
  392         3. Has been exempted by written request of his or her
  393  parent or, if the student is an adult student, by written
  394  request of himself or herself. If a student does not participate
  395  in the assessment program, the school district must notify the
  396  student’s parent and provide the parent with information
  397  regarding the implications of such nonparticipation. The
  398  statewide, standardized assessment program shall be designed and
  399  implemented as follows:
  400         (a) Statewide, standardized comprehensive assessments.—The
  401  statewide, standardized Reading assessment shall be administered
  402  annually in grades 3 through 10. The statewide, standardized
  403  Writing assessment shall be administered annually at least once
  404  at the elementary, middle, and high school levels. When the
  405  Reading and Writing assessments are replaced by English Language
  406  Arts (ELA) assessments, ELA assessments shall be administered to
  407  students in grades 3 through 11. Retake opportunities for the
  408  grade 10 Reading assessment or, upon implementation, the grade
  409  10 ELA assessment must be provided. Students taking the ELA
  410  assessments shall not take the statewide, standardized
  411  assessments in Reading or Writing. ELA assessments shall be
  412  administered online. The statewide, standardized Mathematics
  413  assessments shall be administered annually in grades 3 through
  414  8. Students taking a revised Mathematics assessment shall not
  415  take the discontinued assessment. The statewide, standardized
  416  Science assessment shall be administered annually at least once
  417  at the elementary and middle grades levels. In order to earn a
  418  standard high school diploma, a student who has not earned a
  419  passing score on the grade 10 Reading assessment or, upon
  420  implementation, the grade 10 ELA assessment must earn a passing
  421  score on the assessment retake or earn a concordant score as
  422  authorized under subsection (7).
  423         (b) End-of-course (EOC) assessments.—EOC assessments must
  424  be statewide, standardized, and developed or approved by the
  425  Department of Education as follows:
  426         1. Statewide, standardized EOC assessments in mathematics
  427  shall be administered according to this subparagraph. Beginning
  428  with the 2010-2011 school year, all students enrolled in Algebra
  429  I must take the Algebra I EOC assessment. Except as otherwise
  430  provided in paragraph (c), beginning with students entering
  431  grade 9 in the 2011-2012 school year, a student who is enrolled
  432  in Algebra I must earn a passing score on the Algebra I EOC
  433  assessment or attain a comparative score as authorized under
  434  subsection (8) in order to earn a standard high school diploma.
  435  In order to earn a standard high school diploma, a student who
  436  has not earned a passing score on the Algebra I EOC assessment
  437  must earn a passing score on the assessment retake or a
  438  comparative score as authorized under subsection (8). Beginning
  439  with the 2011-2012 school year, all students enrolled in
  440  Geometry must take the Geometry EOC assessment. Middle grades
  441  students enrolled in Algebra I, Geometry, or Biology I must take
  442  the statewide, standardized EOC assessment for those courses and
  443  shall not take the corresponding subject and grade-level
  444  statewide, standardized assessment. When a statewide,
  445  standardized EOC assessment in Algebra II is administered, all
  446  students enrolled in Algebra II must take the EOC assessment.
  447  Pursuant to the commissioner’s implementation schedule, student
  448  performance on the Algebra II EOC assessment constitutes 30
  449  percent of a student’s final course grade.
  450         2. Statewide, standardized EOC assessments in science shall
  451  be administered according to this subparagraph. Beginning with
  452  the 2011-2012 school year, all students enrolled in Biology I
  453  must take the Biology I EOC assessment. Beginning with students
  454  entering grade 9 in the 2013-2014 school year, performance on
  455  the Biology I EOC assessment constitutes 30 percent of the
  456  student’s final course grade.
  457         3. Beginning with the 2013-2014 school year, each student’s
  458  performance on the statewide, standardized middle grades Civics
  459  EOC assessment constitutes 30 percent of the student’s final
  460  course grade in civics education.
  461         4. The commissioner may select one or more nationally
  462  developed comprehensive examinations, which may include
  463  examinations for a College Board Advanced Placement course,
  464  International Baccalaureate course, or Advanced International
  465  Certificate of Education course, or industry-approved
  466  examinations to earn national industry certifications identified
  467  in the Industry Certification Funding List, for use as EOC
  468  assessments under this paragraph if the commissioner determines
  469  that the content knowledge and skills assessed by the
  470  examinations meet or exceed the grade-level expectations for the
  471  core curricular content established for the course in the Next
  472  Generation Sunshine State Standards. Use of any such examination
  473  as an EOC assessment must be approved by the state board in
  474  rule.
  475         5. Contingent upon funding provided in the General
  476  Appropriations Act, including the appropriation of funds
  477  received through federal grants, the commissioner may establish
  478  an implementation schedule for the development and
  479  administration of additional statewide, standardized EOC
  480  assessments that must be approved by the state board in rule. If
  481  approved by the state board, student performance on such
  482  assessments constitutes 30 percent of a student’s final course
  483  grade.
  484         6. All statewide, standardized EOC assessments must be
  485  administered online except as otherwise provided in paragraph
  486  (c).
  487         (c) Students with disabilities; Florida Alternate
  488  Assessment.—
  489         1. Each district school board must provide instruction to
  490  prepare students with disabilities in the core content knowledge
  491  and skills necessary for successful grade-to-grade progression
  492  and high school graduation.
  493         2. A student with a disability, as defined in s. 1007.02,
  494  for whom the individual education plan (IEP) team determines
  495  that the district-selected, national norm-referenced statewide,
  496  standardized assessments under this section cannot accurately
  497  measure the student’s abilities, taking into consideration all
  498  allowable accommodations, shall have assessment results waived
  499  for the purpose of receiving a course grade and a standard high
  500  school diploma. Such waiver shall be designated on the student’s
  501  transcript. The statement of waiver shall be limited to a
  502  statement that performance on an assessment was waived for the
  503  purpose of receiving a course grade or a standard high school
  504  diploma, as applicable.
  505         3. The State Board of Education shall adopt rules, based
  506  upon recommendations of the commissioner, for the provision of
  507  assessment accommodations for students with disabilities. A
  508  district may not administer assessments to and for students who
  509  have limited English proficiency.
  510         a. Accommodations that negate the validity of a statewide,
  511  standardized assessment are not allowed during the
  512  administration of the assessment. However, Instructional
  513  accommodations are allowed in the classroom if identified in a
  514  student’s IEP. Students using instructional accommodations in
  515  the classroom that are not allowed on a district-selected,
  516  national norm-referenced statewide, standardized assessment may
  517  have assessment results waived if the IEP team determines that
  518  the assessment cannot accurately measure the student’s
  519  abilities.
  520         b. If a student is provided with instructional
  521  accommodations in the classroom that are not allowed as
  522  accommodations for a district-selected, national norm-referenced
  523  English Language Arts or mathematics assessment statewide,
  524  standardized assessments, the district must inform the parent in
  525  writing and provide the parent with information regarding the
  526  impact on the student’s ability to meet expected performance
  527  levels. A parent must provide signed consent for a student to
  528  receive classroom instructional accommodations that would not be
  529  available or permitted on a district-selected, national norm
  530  referenced English Language Arts or mathematics statewide,
  531  standardized assessment and acknowledge in writing that he or
  532  she understands the implications of such instructional
  533  accommodations.
  534         c. If a student’s IEP states that online administration of
  535  a statewide, standardized assessment will significantly impair
  536  the student’s ability to perform, the assessment shall be
  537  administered in hard copy.
  538         4. For students with significant cognitive disabilities,
  539  the Department of Education shall provide for implementation of
  540  the Florida Alternate Assessment to accurately measure the core
  541  curricular content established in the Next Generation Sunshine
  542  State Standards.
  543         (d) Implementation schedule.
  544         1. The Commissioner of Education shall establish and
  545  publish on the department’s website an implementation schedule
  546  to transition from the statewide, standardized Reading and
  547  Writing assessments to the ELA assessments and to the revised
  548  Mathematics assessments, including the Algebra I and Geometry
  549  EOC assessments. The schedule must take into consideration
  550  funding, sufficient field and baseline data, access to
  551  assessments, instructional alignment, and school district
  552  readiness to administer the assessments online.
  553         2. The Department of Education shall publish minimum and
  554  recommended technology requirements that include specifications
  555  for hardware, software, networking, security, and broadband
  556  capacity to facilitate school district compliance with the
  557  requirement that assessments be administered online.
  558         (d)(e)Assessment scores and achievement levels.District
  559  selected, national norm-referenced
  560         1. All statewide, standardized EOC assessments and Reading,
  561  Writing, and Science assessments shall use scaled scores and
  562  achievement levels. Achievement levels shall range from 1
  563  through 5, with level 1 being the lowest achievement level,
  564  level 5 being the highest achievement level, and level 3
  565  indicating satisfactory performance on an assessment. The
  566  Commissioner of Education shall determine percentile scores that
  567  correspond to each of the five achievement levels for each of
  568  the national norm-referenced assessments from which a district
  569  school board must choose. For purposes of the statewide,
  570  standardized Writing assessment, student achievement shall be
  571  scored using a scale of 1 through 6.
  572         2. The state board shall designate by rule a passing score
  573  for each statewide, standardized assessment.
  574         3. If the commissioner seeks to revise a statewide,
  575  standardized assessment and the revisions require the state
  576  board to modify performance level scores, including the passing
  577  score, the commissioner shall provide a copy of the proposed
  578  scores and implementation plan to the President of the Senate
  579  and the Speaker of the House of Representatives at least 90 days
  580  before submission to the state board for review. Until the state
  581  board adopts the modifications by rule, the commissioner shall
  582  use calculations for scoring the assessment that adjust student
  583  scores on the revised assessment for statistical equivalence to
  584  student scores on the former assessment. The state board shall
  585  adopt by rule the passing score for the revised assessment that
  586  is statistically equivalent to the passing score on the
  587  discontinued assessment for a student who is required to attain
  588  a passing score on the discontinued assessment. The commissioner
  589  may, with approval of the state board, discontinue
  590  administration of the former assessment upon the graduation,
  591  based on normal student progression, of students participating
  592  in the final regular administration of the former assessment. If
  593  the commissioner revises a statewide, standardized assessment
  594  and the revisions require the state board to modify the passing
  595  score, only students taking the assessment for the first time
  596  after the rule is adopted are affected.
  597         (e)(f)Assessment schedules and reporting of results.—The
  598  Commissioner of Education shall establish schedules for the
  599  administration of the district-selected, national norm
  600  referenced assessments and the reporting of student assessment
  601  results. The commissioner shall consider the observance of
  602  religious and school holidays when developing the schedule. By
  603  August 1 of each year, the commissioner shall notify each school
  604  district in writing and publish on the department’s website the
  605  assessment and reporting schedules for, at a minimum, the school
  606  year following the upcoming school year. The assessment and
  607  reporting schedules must provide the earliest possible reporting
  608  of student assessment results to the school districts.
  609  Assessment results for the district-selected, national norm
  610  referenced statewide, standardized Reading assessments, or upon
  611  implementation the ELA assessments, and Mathematics assessments,
  612  including the EOC assessments in Algebra I and Geometry, must be
  613  made available no later than the week of June 8. The
  614  administration of the statewide, standardized Writing assessment
  615  and the Florida Alternate Assessment may be no earlier than the
  616  week of March 1. School districts shall administer assessments
  617  in accordance with the schedule established by the commissioner.
  618         (f)(g)Prohibited activities.—A district school board shall
  619  prohibit each public school from suspending a regular program of
  620  curricula for purposes of administering practice assessments or
  621  engaging in other assessment-preparation activities for a
  622  district-selected, national norm-referenced statewide,
  623  standardized assessment. However, a district school board may
  624  authorize a public school to engage in the following assessment
  625  preparation activities:
  626         1. Distributing to students sample assessment books and
  627  answer keys published by the Department of Education.
  628         1.2. Providing voluntary individualized instruction in
  629  assessment-taking strategies, without suspending the school’s
  630  regular program of curricula, for a student who scores Level 1
  631  or Level 2 on the a prior year’s administration of an
  632  assessment.
  633         2.3. Providing voluntary individualized instruction in the
  634  content knowledge and skills assessed, without suspending the
  635  school’s regular program of curricula, for a student who scores
  636  Level 1 or Level 2 on the a prior year’s administration of an
  637  assessment or a student who, through a diagnostic assessment
  638  administered by the school district, is identified as having a
  639  deficiency in the content knowledge and skills assessed.
  640         4. Administering a practice assessment or engaging in other
  641  assessment-preparation activities that are determined necessary
  642  to familiarize students with the organization of the assessment,
  643  the format of assessment items, and the assessment directions or
  644  that are otherwise necessary for the valid and reliable
  645  administration of the assessment, as set forth in rules adopted
  646  by the State Board of Education with specific reference to this
  647  paragraph.
  648         (g)(h)Contracts for assessments.—The commissioner shall
  649  provide for the pre-2009, national norm-referenced assessments
  650  to be purchased from providers developed or obtained, as
  651  appropriate, through contracts and project agreements with
  652  private vendors, public vendors, public agencies, postsecondary
  653  educational institutions, or school districts. The commissioner
  654  may enter into contracts for the continued administration of the
  655  assessments authorized and funded by the Legislature. The
  656  Commissioner of Education is instructed to terminate the
  657  department’s contract with the American Institutes for Research
  658  for statewide, standardized assessments in English Language Arts
  659  and mathematics. Upon the effective date of this act, the
  660  department is to cease testing development, the lease of tests
  661  or test items from Utah, and all payments to the American
  662  Institutes for Research. Contracts may be initiated in 1 fiscal
  663  year and continue into the next fiscal year and may be paid from
  664  the appropriations of either or both fiscal years. The
  665  commissioner may negotiate for the sale or lease of tests,
  666  scoring protocols, test scoring services, and related materials
  667  developed pursuant to law.
  668         (3)(4) SCHOOL ASSESSMENT PROGRAMS.—Each public school shall
  669  administer participate in the district-selected, national norm
  670  referenced assessments statewide, standardized assessment
  671  program in accordance with the assessment and reporting
  672  schedules and the minimum and recommended technology
  673  requirements published by the Commissioner of Education.
  674  District school boards shall not establish school calendars that
  675  conflict with or jeopardize implementation of the assessment
  676  program. Assessment results must be reported to the commissioner
  677  and the district school superintendent. Assessment data reported
  678  to the commissioner must be aggregated, anonymized, and de
  679  identified. The district school board shall determine a policy
  680  for the release of student performance data to other appropriate
  681  district personnel. All district school boards shall report
  682  assessment results as required by the state management
  683  information system. Performance data shall be analyzed and
  684  reported to parents, the community, and the state. Performance
  685  data reported to the community and the state shall be
  686  aggregated, anonymized, and de-identified. Student performance
  687  data shall be used by districts in determining student academic
  688  achievement in developing objectives for the school improvement
  689  plan, evaluating instructional personnel and administrative
  690  personnel, assigning staff, allocating resources, acquiring
  691  instructional materials and technology, implementing
  692  performance-based budgeting, and as one factor in promoting and
  693  assigning students to educational programs. The analysis of
  694  student performance data must also identify strengths and needs
  695  in the educational program and trends over time. The analysis
  696  must be used in conjunction with the budgetary planning
  697  processes developed pursuant to s. 1008.385 and the development
  698  of remediation programs.
  699         (4)(5) REQUIRED ANALYSES.—The commissioner shall provide,
  700  at a minimum, statewide, standardized assessment data analysis
  701  showing aggregated, anonymized, and de-identified student
  702  achievement levels and learning gains by teacher, school, and
  703  school district.
  704         (5)(6) LOCAL ASSESSMENTS.—
  705         (a) Measurement of student performance in all subjects and
  706  grade levels, except those subjects and grade levels measured
  707  under the statewide, standardized assessment program described
  708  in this section, is the responsibility of the school districts.
  709         (b) Except for those subjects and grade levels measured
  710  under the statewide, standardized assessment program, beginning
  711  with the 2014-2015 school year, each school district shall
  712  administer for each course offered in the district a local
  713  assessment that measures student mastery of course content at
  714  the necessary level of rigor for the course. As adopted pursuant
  715  to State Board of Education rule, course content is set forth in
  716  the state standards required by s. 1003.41 and in the course
  717  description. Local assessments may include:
  718         1. Statewide assessments.
  719         2. Other standardized assessments, including nationally
  720  recognized standardized assessments.
  721         3. Industry certification assessments.
  722         4. District-developed or district-selected end-of-course
  723  assessments.
  724         5. Teacher-selected or principal-selected assessments.
  725         (c) Each district school board must adopt policies for
  726  selection, development, administration, and scoring of local
  727  assessments and for collection of assessment results. Local
  728  assessments implemented under subparagraphs (b)4. and 5. may
  729  include a variety of assessment formats, including, but not
  730  limited to, project-based assessments, adjudicated performances,
  731  and practical application assignments. For all English Language
  732  Arts, mathematics, science, and social studies courses offered
  733  in the district that are used to meet graduation requirements
  734  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  735  not otherwise assessed by statewide, standardized assessments,
  736  the district school board must select the assessments described
  737  in subparagraphs (b)1.-4.
  738         (d) The Commissioner of Education shall identify methods to
  739  assist and support districts in the development and acquisition
  740  of assessments required under this subsection. Methods may
  741  include developing item banks, facilitating the sharing of
  742  developed tests among school districts, acquiring assessments
  743  from state and national curriculum-area organizations, and
  744  providing technical assistance in best professional practices of
  745  test development based upon state-adopted curriculum standards,
  746  administration, and security.
  747         (e) Each school district shall establish schedules for the
  748  administration of any district-mandated assessment and approve
  749  the schedules as an agenda item at a district school board
  750  meeting. The school district shall publish the testing schedules
  751  on its website, clearly specifying the district-mandated
  752  assessments, and report the schedules to the Department of
  753  Education by October 1 of each year.
  754         (7) CONCORDANT SCORES.—The Commissioner of Education must
  755  identify scores on the SAT and ACT that if achieved satisfy the
  756  graduation requirement that a student pass the grade 10
  757  statewide, standardized Reading assessment or, upon
  758  implementation, the grade 10 ELA assessment. The commissioner
  759  may identify concordant scores on assessments other than the SAT
  760  and ACT. If the content or scoring procedures change for the
  761  grade 10 Reading assessment or, upon implementation, the grade
  762  10 ELA assessment, new concordant scores must be determined. If
  763  new concordant scores are not timely adopted, the last-adopted
  764  concordant scores remain in effect until such time as new scores
  765  are adopted. The state board shall adopt concordant scores in
  766  rule.
  768  The Commissioner of Education must identify one or more
  769  comparative scores for the Algebra I EOC assessment. If the
  770  content or scoring procedures change for the EOC assessment, new
  771  comparative scores must be determined. If new comparative scores
  772  are not timely adopted, the last-adopted comparative scores
  773  remain in effect until such time as new scores are adopted. The
  774  state board shall adopt comparative scores in rule.
  775         (6)(9) CHILD WITH MEDICAL COMPLEXITY.—In addition to the
  776  exemption option provided for under s. 1008.212, effective July
  777  1, 2015 2014, a child with a medical complexity may be exempt
  778  from participating in statewide, standardized assessments,
  779  including the Florida Alternate Assessment (FAA), pursuant to
  780  the provisions of this subsection.
  781         (a) Definition of child with medical complexity.—A child
  782  with a medical complexity means a child who, based upon medical
  783  documentation from a physician licensed under chapter 458 or
  784  chapter 459 is medically fragile and needs intensive care due to
  785  a condition such as congenital or acquired multisystem disease;
  786  has a severe neurological or cognitive disorder with marked
  787  functional impairment; or is technology dependent for activities
  788  of daily living; and lacks the capacity to take or perform on an
  789  assessment.
  790         (b) Exemption options.—If the parent consents in writing,
  791  and the IEP team determines that the child should not be
  792  assessed based upon medical documentation that the child meets
  793  the definition of a child with medical complexity, then the
  794  parent may choose one of the following three assessment
  795  exemption options.
  796         1. One-year exemption approved by the district school
  797  superintendent. If the superintendent is provided written
  798  documentation of parental consent and appropriate medical
  799  documentation to support the IEP team’s determination that the
  800  child is a child with medical complexity, then the
  801  superintendent may approve a 1-year one-year exemption from all
  802  statewide, standardized assessments, including the FAA. The
  803  superintendent shall report annually to the district school
  804  board and the Commissioner of Education the number of students
  805  who are identified as a child with medical complexity who are
  806  not participating in the assessment program.
  807         2. One- to three-year exemption approved by the district
  808  school superintendent Commissioner of Education. If the
  809  superintendent commissioner is provided written documentation of
  810  parental consent,; district school superintendent approval; the
  811  IEP team’s determination that the child is a child with medical
  812  complexity based upon appropriate medical documentation,; and
  813  all medical documentation, then the superintendent commissioner
  814  may exempt the child from all statewide, standardized
  815  assessments, including the FAA, for up to 3 years. The State
  816  Board of Education shall adopt rules to administer this
  817  subparagraph which must expedite the process by which exemptions
  818  are reviewed and approved and which demonstrate the utmost
  819  compassion and consideration for meeting the parent’s and
  820  child’s needs.
  821         3. Permanent exemption approved by the district school
  822  superintendent Commissioner of Education. If the superintendent
  823  commissioner is provided written documentation of parental
  824  consent,; district school superintendent approval of a permanent
  825  exemption; the IEP team’s determination that the child is a
  826  child with medical complexity based upon appropriate medical
  827  documentation and that a permanent exemption is appropriate,;
  828  and all medical documentation, then the superintendent
  829  commissioner may approve a permanent exemption from all
  830  statewide, standardized assessments, including the FAA. The
  831  State Board of Education shall adopt rules to administer this
  832  subparagraph which must expedite the process by which exemptions
  833  are reviewed and approved and which demonstrate the utmost
  834  compassion and consideration for meeting the parent’s and
  835  child’s needs.
  836         (c) Reporting requirements.—The Commissioner of Education
  837  shall annually report to the Legislature data, by district,
  838  related to the implementation of this subsection at the same
  839  time as results are reported regarding student performance on
  840  district-selected, national norm-referenced statewide,
  841  standardized assessments.
  842         (10) REPORTS.—The Department of Education shall annually
  843  provide a report to the Governor, the President of the Senate,
  844  and the Speaker of the House of Representatives which shall
  845  include the following:
  846         (a) Longitudinal performance of students in reading and
  847  mathematics.
  848         (b) Longitudinal performance of students by grade level in
  849  reading and mathematics.
  850         (c) Longitudinal performance regarding efforts to close the
  851  achievement gap.
  852         (d) Other student performance data based on national norm
  853  referenced and criterion-referenced tests, if available;
  854  national assessments, such as the National Assessment of
  855  Educational Progress; and international assessments.
  856         (e) The number of students who after 8th grade enroll in
  857  adult education rather than other secondary education.
  858         (f) Any plan or intent to establish or implement new
  859  statewide, standardized assessments.
  860         (7)(11) RULES.—The State Board of Education shall adopt
  861  rules to implement this section; however, the rules may not
  862  undermine the authority of district school boards.
  863         Section 5. Section 1008.34, Florida Statutes, is amended to
  864  read:
  865         1008.34 School grading system; school report cards;
  866  district grade.—
  867         (1) DEFINITIONS.—For purposes of the statewide,
  868  standardized assessment program and school grading system, the
  869  following terms are defined:
  870         (a) “Achievement level,” “student achievement,” or
  871  “achievement” describes the level of content mastery a student
  872  has acquired in a particular subject as measured by the
  873  district-selected, national norm-referenced a statewide,
  874  standardized assessment administered pursuant to s.
  875  1008.22(3)(a) and (b). There are five achievement levels. Level
  876  1 is the lowest achievement level, level 5 is the highest
  877  achievement level, and level 3 indicates satisfactory
  878  performance. A student passes an assessment if the student
  879  achieves a level 3, level 4, or level 5. The Commissioner of
  880  Education shall determine percentile scores that correspond to
  881  each of the five achievement levels for each of the national
  882  norm-referenced assessments from which a district school board
  883  must choose pursuant to s. 1008.22. For purposes of the Florida
  884  Alternate Assessment administered pursuant to s. 1008.22(3)(c),
  885  the state board shall provide, in rule, the number of
  886  achievement levels and identify the achievement levels that are
  887  considered passing.
  888         (b) “Learning Gains,” “annual learning gains,” or “student
  889  learning gains” means the degree of student learning growth
  890  occurring from one school year to the next as required by state
  891  board rule for purposes of calculating school grades under this
  892  section.
  893         (c) “Student performance,” “student academic performance,”
  894  or “academic performance” includes, but is not limited to,
  895  student learning growth, achievement levels, and Learning Gains
  896  on district-selected, national norm-referenced statewide,
  897  standardized assessments administered pursuant to s. 1008.22.
  898         (2) SCHOOL GRADES.—Schools shall be graded using one of the
  899  following grades, defined according to rules of the State Board
  900  of Education:
  901         (a) “A,” schools making excellent progress.
  902         (b) “B,” schools making above average progress.
  903         (c) “C,” schools making satisfactory progress.
  904         (d) “D,” schools making less than satisfactory progress.
  905         (e) “F,” schools failing to make adequate progress.
  907  Each school that earns a grade of “A” or improves at least two
  908  letter grades may have greater authority over the allocation of
  909  the school’s total budget generated from the FEFP, state
  910  categoricals, lottery funds, grants, and local funds.
  912         (a) Each school must assess at least 95 percent of its
  913  eligible students, except as provided under s. 1008.341 for
  914  alternative schools and under s. 1008.22(2)(b) for all other
  915  schools. Each school shall receive a school grade based on the
  916  school’s performance on the components listed in subparagraphs
  917  (b)1. and 2. If a school does not have at least 10 students with
  918  complete data for one or more of the components listed in
  919  subparagraphs (b)1. and 2., those components may not be used in
  920  calculating the school’s grade.
  921         1. An alternative school may choose to receive a school
  922  grade under this section or a school improvement rating under s.
  923  1008.341. For charter schools that meet the definition of an
  924  alternative school pursuant to State Board of Education rule,
  925  the decision to receive a school grade is the decision of the
  926  charter school governing board.
  927         2. A school that serves any combination of students in
  928  kindergarten through grade 3 that does not receive a school
  929  grade because its students are not tested and included in the
  930  school grading system shall receive the school grade designation
  931  of a K-3 feeder pattern school identified by the Department of
  932  Education and verified by the school district. A school feeder
  933  pattern exists if at least 60 percent of the students in the
  934  school serving a combination of students in kindergarten through
  935  grade 3 are scheduled to be assigned to the graded school.
  936         3. If a collocated school does not earn a school grade or
  937  school improvement rating for the performance of its students,
  938  the student performance data of all schools operating at the
  939  same facility must be aggregated to develop a school grade that
  940  will be assigned to all schools at that location. A collocated
  941  school is a school that has its own unique master school
  942  identification number, provides for the education of each of its
  943  enrolled students, and operates at the same facility as another
  944  school that has its own unique master school identification
  945  number and provides for the education of each of its enrolled
  946  students.
  947         (b)1. Beginning with the 2015-2016 2014-2015 school year, a
  948  school’s grade shall be based on the following components, which
  949  shall cumulatively equal one-half of the total school grade each
  950  worth 100 points:
  951         a. The percentage of eligible students passing the
  952  district-selected, national norm-referenced statewide,
  953  standardized assessments in English Language Arts under s.
  954  1008.22(2) 1008.22(3).
  955         b. The percentage of eligible students passing the
  956  district-selected, national norm-referenced statewide,
  957  standardized assessments in mathematics under s. 1008.22(2)
  958  1008.22(3).
  959         c. The percentage of eligible students passing statewide,
  960  standardized assessments in science under s. 1008.22(3).
  961         d. The percentage of eligible students passing statewide,
  962  standardized assessments in social studies under s. 1008.22(3).
  963         c.e. The percentage of eligible students who make Learning
  964  Gains in English Language Arts as measured by the district
  965  selected, national norm-referenced statewide, standardized
  966  assessments administered under s. 1008.22(2) 1008.22(3).
  967         d.f. The percentage of eligible students who make Learning
  968  Gains in mathematics as measured by the district-selected,
  969  national norm-referenced statewide, standardized assessments
  970  administered under s. 1008.22(2) 1008.22(3).
  971         e.g.Beginning with the 2015-2016 school year, the
  972  percentage of eligible students in grades 3 through 8 in the
  973  lowest 25 percent in English Language Arts, as identified by
  974  prior year performance on district-selected, national norm
  975  referenced statewide, standardized assessments, who make
  976  Learning Gains in English Language Arts as measured by the
  977  district-selected, national norm-referenced statewide,
  978  standardized English Language Arts assessments administered
  979  under s. 1008.22(2) 1008.22(3).
  980         f.h.Beginning with the 2015-2016 school year, the
  981  percentage of eligible students in grades 3 through 8 in the
  982  lowest 25 percent in mathematics, as identified by prior year
  983  performance on district-selected, national norm-referenced
  984  statewide, standardized assessments, who make Learning Gains in
  985  mathematics as measured by the district-selected, national norm
  986  referenced statewide, standardized mathematics assessments
  987  administered under s. 1008.22(2) 1008.22(3).
  988         i. For schools comprised of middle grades 6 through 8 or
  989  grades 7 and 8, the percentage of eligible students passing high
  990  school level statewide, standardized end-of-course assessments
  991  or attaining national industry certifications identified in the
  992  Industry Certification Funding List pursuant to rules adopted by
  993  the State Board of Education.
  995  In calculating Learning Gains for the components listed in sub
  996  subparagraphs c.-f. e.-h., the State Board of Education shall
  997  require that learning growth toward achievement levels 3, 4, and
  998  5 is demonstrated by students who scored below each of those
  999  levels in the prior year. In calculating the components in sub
 1000  subparagraphs a. and b. a.-d., the state board shall include the
 1001  performance of English language learners only if they have been
 1002  enrolled in a school in the United States for more than 2 years.
 1003         2. For a school comprised of grades 9, 10, 11, and 12, or
 1004  grades 10, 11, and 12, the school’s grade shall also be based on
 1005  the following components, which, cumulatively, and with all
 1006  factors being equally weighted, shall account for one-half of
 1007  the school’s grade each worth 100 points:
 1008         a. The 4-year high school graduation rate of the school as
 1009  defined by state board rule.
 1010         b. The percentage of students who were eligible to earn
 1011  college and career credit through College Board Advanced
 1012  Placement examinations, International Baccalaureate
 1013  examinations, dual enrollment courses, or Advanced International
 1014  Certificate of Education examinations; or who, at any time
 1015  during high school, earned national industry certification
 1016  identified in the Industry Certification Funding List, pursuant
 1017  to rules adopted by the state board. Data from industry
 1018  certification examinations must not require any curriculum,
 1019  instruction, or employment-related activity that obligates a
 1020  student to involuntarily select a career, career interest,
 1021  employment goal, or related job training that results in career
 1022  tracking, as defined in s. 1003.41.
 1023         c. Teacher turnover rates.
 1024         d. The percentage of teachers using an authentic portfolio
 1025  assessment.
 1026         e. The number of enrichment classes offered at the school.
 1027         f. The number of extracurricular activities offered at the
 1028  school.
 1029         3. For a school comprised of kindergarten and grades 1, 2,
 1030  3, 4, and 5 or grades 6, 7, and 8, the school’s grade shall also
 1031  be based on the following components, which, cumulatively, with
 1032  all factors being equally weighted, shall account for one-half
 1033  of the school’s grade:
 1034         a. Teacher and student attendance rates.
 1035         b. Teacher turnover rates.
 1036         c. The percentage of teachers using an authentic portfolio
 1037  assessment.
 1038         d. The number of enrichment classes offered at the school.
 1039         e. The number of extracurricular activities offered at the
 1040  school.
 1041         (c)1. The calculation of a school grade shall be based on
 1042  the percentage of points earned from the components listed in
 1043  subparagraphs (b)1. and 2. subparagraph (b)1. and , if
 1044  applicable, subparagraph (b)2. The State Board of Education
 1045  shall adopt in rule a school grading scale that sets the
 1046  percentage of points needed to earn each of the school grades
 1047  listed in subsection (2). There shall be at least five
 1048  percentage points separating the percentage thresholds needed to
 1049  earn each of the school grades. The state board shall
 1050  periodically review the school grading scale to determine if the
 1051  scale should be adjusted upward to meet raised expectations and
 1052  encourage increased student performance. If the state board
 1053  adjusts the grading scale upward, the state board must inform
 1054  the public and the school districts of the reasons for and
 1055  degree of the adjustment and its anticipated impact on school
 1056  grades.
 1057         2. The calculation of school grades may not include any
 1058  provision that would raise or lower the school’s grade beyond
 1059  the percentage of points earned. Extra weight may not be added
 1060  in the calculation of any components.
 1061         (d) The performance of students attending alternative
 1062  schools and students designated as hospital or homebound shall
 1063  be factored into a school grade as follows:
 1064         1. The student performance data for eligible students
 1065  attending alternative schools that provide dropout prevention
 1066  and academic intervention services pursuant to s. 1003.53 shall
 1067  be included in the calculation of the home school’s grade. The
 1068  term “eligible students” in this subparagraph does not include
 1069  students attending an alternative school who are subject to
 1070  district school board policies for expulsion for repeated or
 1071  serious offenses, who are in dropout retrieval programs serving
 1072  students who have officially been designated as dropouts, or who
 1073  are in programs operated or contracted by the Department of
 1074  Juvenile Justice. As used in this subparagraph and s. 1008.341,
 1075  the term “home school” means the school to which the student
 1076  would be assigned if the student were not assigned to an
 1077  alternative school. If an alternative school chooses to be
 1078  graded under this section, student performance data for eligible
 1079  students identified in this subparagraph shall not be included
 1080  in the home school’s grade but shall be included only in the
 1081  calculation of the alternative school’s grade. A school district
 1082  that fails to assign statewide, standardized end-of-course
 1083  assessment scores of each of its students to his or her home
 1084  school or to the alternative school that receives a grade shall
 1085  forfeit Florida School Recognition Program funds for one fiscal
 1086  year. School districts must require collaboration between the
 1087  home school and the alternative school in order to promote
 1088  student success. This collaboration must include an annual
 1089  discussion between the principal of the alternative school and
 1090  the principal of each student’s home school concerning the most
 1091  appropriate school assignment of the student.
 1092         2. Student performance data for students designated as
 1093  hospital or homebound shall be assigned to their home school for
 1094  the purposes of school grades. As used in this subparagraph, the
 1095  term “home school” means the school to which a student would be
 1096  assigned if the student were not assigned to a hospital or
 1097  homebound program.
 1098         (4) SCHOOL REPORT CARD.—The Department of Education shall
 1099  annually develop, in collaboration with the school districts, a
 1100  school report card to be provided by the school district to
 1101  parents within the district. The report card shall include the
 1102  school’s grade; student performance in English Language Arts and
 1103  , mathematics, science, and social studies; information
 1104  regarding school improvement; an explanation of school
 1105  performance as evaluated by the federal Elementary and Secondary
 1106  Education Act (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators
 1107  of return on investment. Each school’s report card shall be
 1108  published annually by the department on its website based upon
 1109  the most recent data available.
 1110         (5) DISTRICT GRADE.—Beginning with the 2015-2016 2014-2015
 1111  school year, a school district’s grade shall include a district
 1112  level calculation of the components under paragraph (3)(b). This
 1113  calculation methodology captures each eligible student in the
 1114  district who may have transferred among schools within the
 1115  district or is enrolled in a school that does not receive a
 1116  grade. The department shall develop a district report card that
 1117  includes the district grade; the information required under s.
 1118  1008.345(5); measures of the district’s progress in closing the
 1119  achievement gap between higher-performing student subgroups and
 1120  lower-performing student subgroups; measures of the district’s
 1121  progress in demonstrating Learning Gains of its highest
 1122  performing students; measures of the district’s success in
 1123  improving student attendance; the district’s grade-level
 1124  promotion of students scoring achievement levels 1 and 2 on
 1125  district-selected, national norm-referenced statewide,
 1126  standardized English Language Arts and mathematics assessments;
 1127  and measures of the district’s performance in preparing students
 1128  for the transition from elementary to middle school, middle to
 1129  high school, and high school to postsecondary institutions and
 1130  careers.
 1131         (6) RULES.—The State Board of Education shall adopt rules
 1132  under ss. 120.536(1) and 120.54 to administer this section;
 1133  however, the rules may not undermine the authority of district
 1134  school boards.
 1135         (7) TRANSITION.—School grades and school improvement
 1136  ratings pursuant to s. 1008.341 for the 2013-2014 school year
 1137  shall be calculated based on statutes and rules in effect on
 1138  June 30, 2014. To assist in the transition to 2014-2015 school
 1139  grades, calculated based on new statewide, standardized
 1140  assessments administered pursuant to s. 1008.22, the 2014-2015
 1141  school grades shall serve as an informational baseline for
 1142  schools to work toward improved performance in future years.
 1143  Accordingly, notwithstanding any other provision of law:
 1144         (a) A school may not be required to select and implement a
 1145  turnaround option pursuant to s. 1008.33 in the 2015-2016 school
 1146  year based on the school’s 2014-2015 grade or school improvement
 1147  rating under s. 1008.341, as applicable.
 1148         (b)1. A school or approved provider under s. 1002.45 that
 1149  receives the same or a lower school grade or school improvement
 1150  rating for the 2014-2015 school year compared to the 2013-2014
 1151  school year is not subject to sanctions or penalties that would
 1152  otherwise occur as a result of the 2014-2015 school grade or
 1153  rating. A charter school system or a school district designated
 1154  as high performing may not lose the designation based on the
 1155  2014-2015 school grades of any of the schools within the charter
 1156  school system or school district, as applicable.
 1157         2. The Florida School Recognition Program established under
 1158  s. 1008.36 shall continue to be implemented as otherwise
 1159  provided in the General Appropriations Act.
 1160         (c) For purposes of determining grade 3 retention pursuant
 1161  to s. 1008.25(5) and high school graduation pursuant to s.
 1162  1003.4282, student performance on the 2014-2015 statewide,
 1163  standardized assessments shall be linked to 2013-2014 student
 1164  performance expectations.
 1166  This subsection is repealed July 1, 2017.
 1167         Section 6. The Legislature recognizes that there is a need
 1168  to conform the Florida Statutes to the policy decisions
 1169  reflected in this act and that there is a need to resolve
 1170  apparent conflicts between any other legislation that has been
 1171  or may be enacted during the 2015 Regular Session of the
 1172  Legislature and the transfer of duties made by this act.
 1173  Therefore, in the interim between this act becoming a law and
 1174  the 2016 Regular Session of the Legislature or an earlier
 1175  special session addressing this issue, the Division of Law
 1176  Revision and Information shall provide the relevant substantive
 1177  committees of the Senate and the House of Representatives with
 1178  assistance, upon request, to enable such committees to prepare
 1179  draft legislation to conform the Florida Statutes and any
 1180  legislation enacted during 2015 to the provisions of this act.
 1181         Section 7. This act shall take effect July 1, 2015.