Florida Senate - 2016                                    SB 1172
       
       
        
       By Senator Montford
       
       3-01031A-16                                           20161172__
    1                        A bill to be entitled                      
    2         An act relating to alternative high school graduation
    3         requirements; amending s. 1003.4282, F.S.; conforming
    4         a cross-reference; authorizing certain students to be
    5         eligible for an alternative pathway to a standard high
    6         school diploma; providing student eligibility
    7         requirements for the alternative pathway; specifying
    8         documentation the student must provide; requiring a
    9         school district to establish an Alternative Pathway to
   10         Graduation Review Committee for certain students;
   11         providing the membership and duties of the committee;
   12         providing that a principal has the final decision on a
   13         student’s completion of specified graduation
   14         requirements; prohibiting a student or the student’s
   15         parent or guardian from appealing the principal’s
   16         decision; requiring certain waivers to be approved by
   17         the parent or guardian; requiring each district school
   18         board to adopt rules and to incorporate certain
   19         provisions in the student progression plan; amending
   20         s. 1008.22, F.S.; requiring each district school board
   21         to ensure certain instruction, to waive certain
   22         assessment results, and to administer a hard copy of
   23         the grade 10 ELA assessment or the statewide,
   24         standardized Algebra I EOC assessment for certain
   25         students; amending ss. 1008.212, 1008.34, and
   26         1008.3415, F.S.; conforming cross-references;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (e) of subsection (10) of section
   32  1003.4282, Florida Statutes, is amended, present subsection (11)
   33  of that section is redesignated as subsection (12), and a new
   34  subsection (11) is added to that section, to read:
   35         1003.4282 Requirements for a standard high school diploma.—
   36         (10) STUDENTS WITH DISABILITIES.—Beginning with students
   37  entering grade 9 in the 2014-2015 school year, this subsection
   38  applies to a student with a disability.
   39         (e) Any waiver of the statewide, standardized assessment
   40  requirements by the individual education plan team, pursuant to
   41  s. 1008.22(3)(d) s. 1008.22(3)(c), must be approved by the
   42  parent and is subject to verification for appropriateness by an
   43  independent reviewer selected by the parent as provided for in
   44  s. 1003.572.
   45  
   46  The State Board of Education shall adopt rules under ss.
   47  120.536(1) and 120.54 to implement this paragraph, including
   48  rules that establish the minimum requirements for students
   49  described in this paragraph to earn a standard high school
   50  diploma. The State Board of Education shall adopt emergency
   51  rules pursuant to ss. 120.536(1) and 120.54.
   52         (11) ALTERNATIVE PATHWAY TO A STANDARD HIGH SCHOOL
   53  DIPLOMA.—
   54         (a) Beginning with students entering grade 9 in the 2015
   55  2016 school year, a student who meets the qualifications of this
   56  subsection may be eligible for an alternative pathway to a
   57  standard high school diploma.
   58         (b) To be eligible for an alternative pathway to a standard
   59  high school diploma, a student must not have passed the grade 10
   60  ELA assessment or the statewide, standardized Algebra I EOC
   61  assessment.
   62         (c) A student may satisfy the requirements for a standard
   63  high school diploma through the alternative pathway option by
   64  documenting all of the following:
   65         1. Completion of the minimum high school graduation course
   66  credit requirements by rule of the State Board of Education.
   67         2. Attainment of the applicable industry certifications,
   68  occupational completion points, and postsecondary credits as
   69  provided in the alternative pathway graduation plan under
   70  paragraph (d).
   71         3. A mastery of the academic standards or competencies that
   72  had not previously been met, as indicated by the student not
   73  passing the applicable grade 10 ELA assessment or the statewide,
   74  standardized Algebra I EOC assessment, in a portfolio containing
   75  quantifiable evidence of such mastery. The portfolio may
   76  include, but is not limited to, evidence that a required
   77  assessment was taken on a hard copy, any additional coursework,
   78  segmented assessments, industry certifications, occupational
   79  completion points, and postsecondary credits.
   80         (d) A school district must establish an Alternative Pathway
   81  to Graduation Review Committee for each student who chooses to
   82  obtain a standard high school diploma through the alternative
   83  pathway established under this subsection.
   84         1. The review committee shall be composed of the principal
   85  or his or her designee, the eligible student’s guidance
   86  counselor, the teacher of the course for which the student
   87  received a failing grade, and at least one teacher of a course
   88  in which the student received a grade of “C” or above. The
   89  principal may appoint an alternative member if a required
   90  participant cannot serve on the review committee. The student
   91  and the student’s parent or guardian may attend a review
   92  committee meeting.
   93         2. The review committee shall develop an alternative
   94  pathway graduation plan that incorporates the requirements for a
   95  standard high school diploma pursuant to this subsection. The
   96  alternative pathway graduation plan must be signed by the
   97  student, the student’s parent or guardian, and the principal and
   98  must identify the following:
   99         a. The expected academic standards or competencies,
  100  industry certifications, occupational completion points, or
  101  postsecondary credits that the student will master or complete,
  102  as applicable.
  103         b. The criteria for determining and certifying mastery of
  104  the academic standards or competencies. If the review committee
  105  states that administering the grade 10 ELA assessment or the
  106  statewide, standardized Algebra I EOC assessment, or both,
  107  online will significantly impair the student’s ability to
  108  perform, the district school board shall administer the
  109  assessment by hard copy.
  110         c. A description of the monitoring that the school will
  111  provide.
  112         (e) A student shall be awarded a standard high school
  113  diploma upon completion of the requirements of the alternative
  114  pathway graduation plan and documentation of the completion of
  115  the requirements provided in paragraph (c). Documentation must
  116  be verified by the Alternative Pathway to Graduation Review
  117  Committee and approved by the principal. The decision by the
  118  principal is final and may not be appealed by the student or the
  119  student’s parent or guardian.
  120         (f) Any waiver of the grade 10 ELA assessment or the
  121  statewide, standardized Algebra I EOC assessment results by the
  122  district school board upon a determination by the Alternative
  123  Pathway to Graduation Review Committee authorized pursuant to s.
  124  1008.22(3)(c) must be approved by a student’s parent or
  125  guardian. The parent or guardian may select an independent
  126  reviewer approved by the review committee to verify the
  127  appropriateness of the waiver.
  128         (g) Each district school board shall adopt rules to
  129  administer this subsection and shall incorporate this subsection
  130  in the student progression plan required pursuant to s. 1008.25.
  131         Section 2. Present paragraphs (c) through (g) of subsection
  132  (3) of section 1008.22, Florida Statutes, are redesignated as
  133  paragraphs (d) through (h), respectively, a new paragraph (c) is
  134  added to that subsection, present paragraph (b) of that
  135  subsection is amended, and paragraph (a) of subsection (7) is
  136  amended, to read:
  137         1008.22 Student assessment program for public schools.—
  138         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  139  Commissioner of Education shall design and implement a
  140  statewide, standardized assessment program aligned to the core
  141  curricular content established in the Next Generation Sunshine
  142  State Standards. The commissioner also must develop or select
  143  and implement a common battery of assessment tools that will be
  144  used in all juvenile justice education programs in the state.
  145  These tools must accurately measure the core curricular content
  146  established in the Next Generation Sunshine State Standards.
  147  Participation in the assessment program is mandatory for all
  148  school districts and all students attending public schools,
  149  including adult students seeking a standard high school diploma
  150  under s. 1003.4282 and students in Department of Juvenile
  151  Justice education programs, except as otherwise provided by law.
  152  If a student does not participate in the assessment program, the
  153  school district must notify the student’s parent and provide the
  154  parent with information regarding the implications of such
  155  nonparticipation. The statewide, standardized assessment program
  156  shall be designed and implemented as follows:
  157         (b) End-of-course (EOC) assessments.—EOC assessments must
  158  be statewide, standardized, and developed or approved by the
  159  Department of Education as follows:
  160         1. EOC assessments for Algebra I, Geometry, Algebra II,
  161  Biology I, United States History, and Civics shall be
  162  administered to students enrolled in such courses as specified
  163  in the course code directory.
  164         2. Students enrolled in a course, as specified in the
  165  course code directory, with an associated statewide,
  166  standardized EOC assessment must take the EOC assessment for
  167  such course and may not take the corresponding subject or grade
  168  level statewide, standardized assessment pursuant to
  169  paragraph(a). Sections 1003.4156 and 1003.4282 govern the use of
  170  statewide, standardized EOC assessment results for students.
  171         3. The commissioner may select one or more nationally
  172  developed comprehensive examinations, which may include
  173  examinations for a College Board Advanced Placement course,
  174  International Baccalaureate course, or Advanced International
  175  Certificate of Education course, or industry-approved
  176  examinations to earn national industry certifications identified
  177  in the CAPE Industry Certification Funding List, for use as EOC
  178  assessments under this paragraph if the commissioner determines
  179  that the content knowledge and skills assessed by the
  180  examinations meet or exceed the grade-level expectations for the
  181  core curricular content established for the course in the Next
  182  Generation Sunshine State Standards. Use of any such examination
  183  as an EOC assessment must be approved by the state board in
  184  rule.
  185         4. Contingent upon funding provided in the General
  186  Appropriations Act, including the appropriation of funds
  187  received through federal grants, the commissioner may establish
  188  an implementation schedule for the development and
  189  administration of additional statewide, standardized EOC
  190  assessments that must be approved by the state board in rule. If
  191  approved by the state board, student performance on such
  192  assessments constitutes 30 percent of a student’s final course
  193  grade.
  194         5. All statewide, standardized EOC assessments must be
  195  administered online except as otherwise provided in paragraph
  196  (d) (c).
  197         (c) Alternative pathway to graduation.—Each district school
  198  board shall:
  199         1.Ensure that each school in the district provides
  200  instruction to students in the core content knowledge and skills
  201  necessary for successful high school graduation.
  202         2.Waive a student’s assessment results if the student
  203  meets the eligibility requirements for an alternative pathway to
  204  a standard high school diploma under s. 1003.4282(11) and if the
  205  Alternative Pathway to Graduation Review Committee determines
  206  that the grade 10 ELA assessment or the statewide, standardized
  207  Algebra I EOC assessment, or both, do not accurately measure the
  208  student’s abilities. The waiver shall be designated on the
  209  student’s transcript and shall be limited to a statement that
  210  performance on an assessment was waived for the student to
  211  receive a standard high school diploma.
  212         3.Administer the grade 10 ELA assessment or the statewide,
  213  standardized Algebra I EOC assessment, or both, by hard copy for
  214  a student if the Alternative Pathway to Graduation Review
  215  Committee states that administering the assessments online will
  216  significantly impair the student’s ability to perform.
  217         (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
  218         (a) The Commissioner of Education shall establish schedules
  219  for the administration of statewide, standardized assessments
  220  and the reporting of student assessment results. The
  221  commissioner shall consider the observance of religious and
  222  school holidays when developing the schedules. The assessment
  223  and reporting schedules must provide the earliest possible
  224  reporting of student assessment results to the school districts,
  225  consistent with the requirements of paragraph (3)(h) (3)(g).
  226  Assessment results for the statewide, standardized ELA and
  227  mathematics assessments and all statewide, standardized EOC
  228  assessments must be made available no later than the week of
  229  June 8, except for results of assessments administered in the
  230  2014-2015 school year. School districts shall administer
  231  statewide, standardized assessments in accordance with the
  232  schedule established by the commissioner.
  233         Section 3. Paragraph (a) of subsection (1) and subsection
  234  (2) of section 1008.212, Florida Statutes, are amended to read:
  235         1008.212 Students with disabilities; extraordinary
  236  exemption.—
  237         (1) As used in this section, the term:
  238         (a) “Circumstance” means a situation in which
  239  accommodations allowable for use on the statewide standardized
  240  assessment, a statewide standardized end-of-course assessment,
  241  or an alternate assessment pursuant to s. 1008.22(3)(d) s.
  242  1008.22(3)(c) are not offered to a student during the current
  243  year’s assessment administration due to technological
  244  limitations in the testing administration program which lead to
  245  results that reflect the student’s impaired sensory, manual, or
  246  speaking skills rather than the student’s achievement of the
  247  benchmarks assessed by the statewide standardized assessment, a
  248  statewide standardized end-of-course assessment, or an alternate
  249  assessment.
  250         (2) A student with a disability for whom the individual
  251  education plan (IEP) team determines is prevented by a
  252  circumstance or condition from physically demonstrating the
  253  mastery of skills that have been acquired and are measured by
  254  the statewide standardized assessment, a statewide standardized
  255  end-of-course assessment, or an alternate assessment pursuant to
  256  s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
  257  extraordinary exemption from the administration of the
  258  assessment. A learning, emotional, behavioral, or significant
  259  cognitive disability, or the receipt of services through the
  260  homebound or hospitalized program in accordance with rule 6A
  261  6.03020, Florida Administrative Code, is not, in and of itself,
  262  an adequate criterion for the granting of an extraordinary
  263  exemption.
  264         Section 4. Paragraph (a) of subsection (1) of section
  265  1008.34, Florida Statutes, is amended to read:
  266         1008.34 School grading system; school report cards;
  267  district grade.—
  268         (1) DEFINITIONS.—For purposes of the statewide,
  269  standardized assessment program and school grading system, the
  270  following terms are defined:
  271         (a) “Achievement level,” “student achievement,” or
  272  “achievement” describes the level of content mastery a student
  273  has acquired in a particular subject as measured by a statewide,
  274  standardized assessment administered pursuant to s.
  275  1008.22(3)(a) and (b). There are five achievement levels. Level
  276  1 is the lowest achievement level, level 5 is the highest
  277  achievement level, and level 3 indicates satisfactory
  278  performance. A student passes an assessment if the student
  279  achieves a level 3, level 4, or level 5. For purposes of the
  280  Florida Alternate Assessment administered pursuant to s.
  281  1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
  282  in rule, the number of achievement levels and identify the
  283  achievement levels that are considered passing.
  284         Section 5. Subsection (2) of section 1008.3415, Florida
  285  Statutes, is amended to read:
  286         1008.3415 School grade or school improvement rating for
  287  exceptional student education centers.—
  288         (2) Notwithstanding s. 1008.34, the achievement levels and
  289  Learning Gains of a student with a disability who attends an
  290  exceptional student education center and has not been enrolled
  291  in or attended a public school other than an exceptional student
  292  education center for grades K-12 within the school district
  293  shall not be included in the calculation of the home school’s
  294  grade if the student is identified as an emergent student on the
  295  alternate assessment described in s. 1008.22(3)(d) s.
  296  1008.22(3)(c).
  297         Section 6. This act shall take effect July 1, 2016.