Florida Senate - 2017                                     SB 584
       By Senator Montford
       3-00009-17                                             2017584__
    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; specifying 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.
   29  Be It Enacted by the Legislature of the State of Florida:
   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.
   46  The State Board of Education shall adopt rules under ss.
   47  120.536(1) and 120.54 to implement this subsection, including
   48  rules that establish the minimum requirements for students
   49  described in this subsection 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.
   53  DIPLOMA.—
   54         (a) Beginning with students entering grade 9 in the 2016
   55  2017 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 established by rule of the State Board of
   67  Education.
   68         2. Attainment of the applicable industry certifications,
   69  occupational completion points, and postsecondary credits as
   70  provided in the alternative pathway graduation plan under
   71  paragraph (d).
   72         3. A mastery of the academic standards or competencies that
   73  had not previously been met, as indicated by the student not
   74  passing the applicable grade 10 ELA assessment or the statewide,
   75  standardized Algebra I EOC assessment, in a portfolio containing
   76  quantifiable evidence of such mastery. The portfolio may
   77  include, but is not limited to, evidence that a required
   78  assessment was taken in a hard-copy format, evidence of any
   79  additional coursework, segmented assessments, industry
   80  certifications, occupational completion points, and
   81  postsecondary credits.
   82         (d) A school district must establish an Alternative Pathway
   83  to Graduation Review Committee for each student who chooses to
   84  obtain a standard high school diploma through the alternative
   85  pathway established under this subsection.
   86         1. The review committee shall be composed of the principal
   87  or his or her designee, the eligible student’s guidance
   88  counselor, the teacher of the course for which the student
   89  received a failing grade, and at least one teacher of a course
   90  in which the student received a grade of “C” or better. The
   91  principal may appoint an alternative member if a required
   92  participant cannot serve on the review committee. The student
   93  and the student’s parent or guardian may attend a review
   94  committee meeting.
   95         2. The review committee shall develop an alternative
   96  pathway graduation plan that incorporates the requirements for a
   97  standard high school diploma pursuant to this subsection. The
   98  alternative pathway graduation plan must be signed by the
   99  student, the student’s parent or guardian, and the principal and
  100  must include:
  101         a. The expected academic standards or competencies,
  102  industry certifications, occupational completion points, or
  103  postsecondary credits that the student will master or complete,
  104  as applicable.
  105         b. The criteria for determining and certifying mastery of
  106  the academic standards or competencies.
  107         c. An evaluation by the committee which specifies whether
  108  administering the grade 10 ELA assessment or the statewide,
  109  standardized Algebra I EOC assessment, or both, online will
  110  significantly impair the student’s ability to perform.
  111         d. A description of the monitoring that the school will
  112  provide.
  113         (e) A student shall be awarded a standard high school
  114  diploma upon completion of the requirements of the alternative
  115  pathway graduation plan and documentation of the completion of
  116  the requirements provided in paragraph (c). Documentation must
  117  be verified by the Alternative Pathway to Graduation Review
  118  Committee and approved by the principal. The decision by the
  119  principal is final and may not be appealed by the student or the
  120  student’s parent or guardian.
  121         (f) Any waiver of the grade 10 ELA assessment or the
  122  statewide, standardized Algebra I EOC assessment results by the
  123  district school board upon a determination by the Alternative
  124  Pathway to Graduation Review Committee authorized pursuant to s.
  125  1008.22(3)(c) must be approved by a student’s parent or
  126  guardian. The parent or guardian may select an independent
  127  reviewer approved by the review committee to verify the
  128  appropriateness of the waiver.
  129         (g) Each district school board shall adopt rules to
  130  administer this subsection and shall incorporate this subsection
  131  in the student progression plan required pursuant to s. 1008.25.
  132         Section 2. Present paragraph (b) of subsection (3) of
  133  section 1008.22, Florida Statutes, is amended, present
  134  paragraphs (c) through (g) of that subsection are redesignated
  135  as paragraphs (d) through (h), respectively, a new paragraph (c)
  136  is added to that subsection, and paragraph (a) of subsection (7)
  137  is amended, to read:
  138         1008.22 Student assessment program for public schools.—
  140  Commissioner of Education shall design and implement a
  141  statewide, standardized assessment program aligned to the core
  142  curricular content established in the Next Generation Sunshine
  143  State Standards. The commissioner also must develop or select
  144  and implement a common battery of assessment tools that will be
  145  used in all juvenile justice education programs in the state.
  146  These tools must accurately measure the core curricular content
  147  established in the Next Generation Sunshine State Standards.
  148  Participation in the assessment program is mandatory for all
  149  school districts and all students attending public schools,
  150  including adult students seeking a standard high school diploma
  151  under s. 1003.4282 and students in Department of Juvenile
  152  Justice education programs, except as otherwise provided by law.
  153  If a student does not participate in the assessment program, the
  154  school district must notify the student’s parent and provide the
  155  parent with information regarding the implications of such
  156  nonparticipation. The statewide, standardized assessment program
  157  shall be designed and implemented as follows:
  158         (b) End-of-course (EOC) assessments.—EOC assessments must
  159  be statewide, standardized, and developed or approved by the
  160  Department of Education as follows:
  161         1. EOC assessments for Algebra I, Geometry, Algebra II,
  162  Biology I, United States History, and Civics shall be
  163  administered to students enrolled in such courses as specified
  164  in the course code directory.
  165         2. Students enrolled in a course, as specified in the
  166  course code directory, with an associated statewide,
  167  standardized EOC assessment must take the EOC assessment for
  168  such course and may not take the corresponding subject or grade
  169  level statewide, standardized assessment pursuant to paragraph
  170  (a). Sections 1003.4156 and 1003.4282 govern the use of
  171  statewide, standardized EOC assessment results for students.
  172         3. The commissioner may select one or more nationally
  173  developed comprehensive examinations, which may include
  174  examinations for a College Board Advanced Placement course,
  175  International Baccalaureate course, or Advanced International
  176  Certificate of Education course, or industry-approved
  177  examinations to earn national industry certifications identified
  178  in the CAPE Industry Certification Funding List, for use as EOC
  179  assessments under this paragraph if the commissioner determines
  180  that the content knowledge and skills assessed by the
  181  examinations meet or exceed the grade-level expectations for the
  182  core curricular content established for the course in the Next
  183  Generation Sunshine State Standards. Use of any such examination
  184  as an EOC assessment must be approved by the state board in
  185  rule.
  186         4. Contingent upon funding provided in the General
  187  Appropriations Act, including the appropriation of funds
  188  received through federal grants, the commissioner may establish
  189  an implementation schedule for the development and
  190  administration of additional statewide, standardized EOC
  191  assessments that must be approved by the state board in rule. If
  192  approved by the state board, student performance on such
  193  assessments constitutes 30 percent of a student’s final course
  194  grade.
  195         5. All statewide, standardized EOC assessments must be
  196  administered online except as otherwise provided in paragraph
  197  (d) (c).
  198         (c) Alternative pathway to graduation.—Each district school
  199  board shall:
  200         1.Ensure that each school in the district provides
  201  instruction to students in the core content knowledge and skills
  202  necessary for successful high school graduation.
  203         2.Waive a student’s assessment results if the student
  204  meets the eligibility requirements for an alternative pathway to
  205  a standard high school diploma under s. 1003.4282(11) and if the
  206  Alternative Pathway to Graduation Review Committee determines
  207  that the grade 10 ELA assessment or the statewide, standardized
  208  Algebra I EOC assessment, or both, do not accurately measure the
  209  student’s abilities. The waiver shall be designated on the
  210  student’s transcript and shall be limited to a statement that
  211  performance on an assessment was waived for the student to
  212  receive a standard high school diploma.
  213         3.Administer the grade 10 ELA assessment or the statewide,
  214  standardized Algebra I EOC assessment, or both, in a hard-copy
  215  format for a student if the Alternative Pathway to Graduation
  216  Review Committee states that administering the assessments
  217  online will significantly impair the student’s ability to
  218  perform.
  220         (a) The Commissioner of Education shall establish schedules
  221  for the administration of statewide, standardized assessments
  222  and the reporting of student assessment results. The
  223  commissioner shall consider the observance of religious and
  224  school holidays when developing the schedules. The assessment
  225  and reporting schedules must provide the earliest possible
  226  reporting of student assessment results to the school districts,
  227  consistent with the requirements of paragraph (3)(h) (3)(g).
  228  Assessment results for the statewide, standardized ELA and
  229  mathematics assessments and all statewide, standardized EOC
  230  assessments must be made available no later than the week of
  231  June 8, except for results of assessments administered in the
  232  2014-2015 school year. School districts shall administer
  233  statewide, standardized assessments in accordance with the
  234  schedule established by the commissioner.
  235         Section 3. Paragraph (a) of subsection (1) and subsection
  236  (2) of section 1008.212, Florida Statutes, is amended to read:
  237         1008.212 Students with disabilities; extraordinary
  238  exemption.—
  239         (1) As used in this section, the term:
  240         (a) “Circumstance” means a situation in which
  241  accommodations allowable for use on the statewide standardized
  242  assessment, a statewide standardized end-of-course assessment,
  243  or an alternate assessment pursuant to s. 1008.22(3)(d) s.
  244  1008.22(3)(c) are not offered to a student during the current
  245  year’s assessment administration due to technological
  246  limitations in the testing administration program which lead to
  247  results that reflect the student’s impaired sensory, manual, or
  248  speaking skills rather than the student’s achievement of the
  249  benchmarks assessed by the statewide standardized assessment, a
  250  statewide standardized end-of-course assessment, or an alternate
  251  assessment.
  252         (2) A student with a disability for whom the individual
  253  education plan (IEP) team determines is prevented by a
  254  circumstance or condition from physically demonstrating the
  255  mastery of skills that have been acquired and are measured by
  256  the statewide standardized assessment, a statewide standardized
  257  end-of-course assessment, or an alternate assessment pursuant to
  258  s. 1008.22(3)(d) s. 1008.22(3)(c) shall be granted an
  259  extraordinary exemption from the administration of the
  260  assessment. A learning, emotional, behavioral, or significant
  261  cognitive disability, or the receipt of services through the
  262  homebound or hospitalized program in accordance with rule 6A
  263  6.03020, Florida Administrative Code, is not, in and of itself,
  264  an adequate criterion for the granting of an extraordinary
  265  exemption.
  266         Section 4. Paragraph (a) of subsection (1) of section
  267  1008.34, Florida Statutes, is amended to read:
  268         1008.34 School grading system; school report cards;
  269  district grade.—
  270         (1) DEFINITIONS.—For purposes of the statewide,
  271  standardized assessment program and school grading system, the
  272  following terms are defined:
  273         (a) “Achievement level,” “student achievement,” or
  274  “achievement” describes the level of content mastery a student
  275  has acquired in a particular subject as measured by a statewide,
  276  standardized assessment administered pursuant to s.
  277  1008.22(3)(a) and (b). There are five achievement levels. Level
  278  1 is the lowest achievement level, level 5 is the highest
  279  achievement level, and level 3 indicates satisfactory
  280  performance. A student passes an assessment if the student
  281  achieves a level 3, level 4, or level 5. For purposes of the
  282  Florida Alternate Assessment administered pursuant to s.
  283  1008.22(3)(d) s. 1008.22(3)(c), the state board shall provide,
  284  in rule, the number of achievement levels and identify the
  285  achievement levels that are considered passing.
  286         Section 5. Subsection (2) of section 1008.3415, Florida
  287  Statutes, is amended to read:
  288         1008.3415 School grade or school improvement rating for
  289  exceptional student education centers.—
  290         (2) Notwithstanding s. 1008.34, the achievement levels and
  291  Learning Gains of a student with a disability who attends an
  292  exceptional student education center and has not been enrolled
  293  in or attended a public school other than an exceptional student
  294  education center for grades K-12 within the school district
  295  shall not be included in the calculation of the home school’s
  296  grade if the student is identified as an emergent student on the
  297  alternate assessment described in s. 1008.22(3)(d) s.
  298  1008.22(3)(c).
  299         Section 6. This act shall take effect upon becoming a law.