Bill Text: FL S1154 | 2010 | Regular Session | Introduced

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Bill Title: Public School Education [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Education Pre-K - 12, companion bill(s) passed, see CS/CS/SB 4 (Ch. 2010-22) [S1154 Detail]

Download: Florida-2010-S1154-Introduced.html

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Florida Senate - 2010                                    SB 1154 
 
By Senator Gelber 
35-01001-10                                           20101154__ 
1                        A bill to be entitled 
2         An act relating to public school education; amending 
3         ss. 1002.33, 1003.03, 1003.413, and 1003.4156, F.S., 
4         relating to discontinuance of administration of the 
5         Florida Comprehensive Assessment Test (FCAT), to 
6         conform to changes made by the act; deleting 
7         requirement that district school boards establish 
8         policies for intensive reading and mathematics 
9         intervention courses in high school; providing for 
10         intervention services; amending s. 1003.428, F.S.; 
11         requiring that students be advised of the availability 
12         of certain courses for purposes of high school 
13         graduation; providing new credit requirements for high 
14         school graduation with a standard diploma; providing 
15         for remediation and intervention services in certain 
16         circumstances; revising general requirements for high 
17         school graduation; conforming provisions relating to 
18         discontinuance of FCAT administration; amending s. 
19         1003.429, F.S.; requiring that students be advised of 
20         the availability of certain courses for purposes of 
21         accelerated high school graduation options; revising 
22         general requirements for accelerated high school 
23         graduation; amending ss. 1003.433, 1003.493, and 
24         1007.35, F.S., relating to discontinuance of FCAT 
25         administration and revised general requirements for 
26         high school graduation, to conform to changes made by 
27         the act; amending s. 1008.22, F.S.; revising the 
28         statewide student assessment program to discontinue 
29         use of the FCAT; requiring the assessment program to 
30         consist of subject area assessments for students in 
31         grades 3 through 5, subject area assessments and end 
32         of-course examinations in core and noncore subjects 
33         for students in grades 6 through 12, and diagnostic 
34         assessments for students in grades 6, 8, and 10; 
35         requiring school districts to provide intervention 
36         services to certain students; requiring the State 
37         Board of Education to adopt rules that specify passing 
38         scores on end-of-course examinations; providing that 
39         results on end-of-course examinations are one 
40         component of requirements for high school graduation; 
41         providing for certain waivers; clarifying schedules 
42         for assessment and reporting; revising provisions 
43         relating to test-preparation activities; deleting 
44         provisions relating to use of concordant scores for 
45         the FCAT; amending s. 1008.25, F.S.; requiring 
46         intervention services for certain students as part of 
47         the comprehensive program for student progression; 
48         conforming provisions relating to the revision of the 
49         statewide student assessment program; deleting 
50         mandatory retention for certain grade 3 students; 
51         authorizing promotion for good cause; providing for 
52         reporting; amending s. 1008.30, F.S.; revising 
53         provisions relating to use of the common placement 
54         test to conform to discontinuance of FCAT 
55         administration; amending ss. 1008.34 and 1008.341, 
56         F.S.; deleting use of the FCAT as a basis for 
57         determining school grades and school improvement 
58         ratings; providing for student results on subject area 
59         assessments and end-of-course examinations to 
60         partially determine school grades and school 
61         improvement ratings; providing additional factors for 
62         such determination; conforming provisions relating to 
63         revision of the Florida School Recognition Program; 
64         amending s. 1008.345, F.S.; conforming provisions 
65         relating to revision of the Florida School Recognition 
66         Program; amending s. 1008.36, F.S.; changing the 
67         Florida School Recognition Program to the Every Child 
68         Matters Program; providing intent and purpose of the 
69         program; providing for financial assistance to schools 
70         providing remediation and intervention services to 
71         certain students; specifying the uses of program 
72         funds; providing Department of Education duties; 
73         amending s. 1009.531, F.S.; adding a cross-reference 
74         to high school graduation requirements; amending s. 
75         1011.62, F.S.; conforming provisions relating to 
76         revision of the Florida School Recognition Program and 
77         discontinuance of FCAT administration; amending s. 
78         1012.22, F.S.; conforming provisions relating to 
79         discontinuance of FCAT administration; providing for 
80         the appointment of a public school assessment and 
81         accountability alignment committee to develop 
82         standards for a revised statewide student assessment 
83         program, procedures for transitioning to the new 
84         program, and standards for determining school grades 
85         and school improvement ratings; providing for 
86         membership; providing duties of the alignment 
87         committee, the State Board of Education, and the 
88         Department of Education; providing a timetable for 
89         implementation; providing for future expiration of the 
90         alignment committee; providing effective dates. 
91 
92  Be It Enacted by the Legislature of the State of Florida: 
93 
94         Section 1. Paragraph (a) of subsection (20) of section 
95  1002.33, Florida Statutes, is amended to read: 
96         1002.33 Charter schools.— 
97         (20) SERVICES.— 
98         (a) A sponsor shall provide certain administrative and 
99  educational services to charter schools. These services shall 
100  include contract management services; full-time equivalent and 
101  data reporting services; exceptional student education 
102  administration services; services related to eligibility and 
103  reporting duties required to ensure that school lunch services 
104  under the federal lunch program, consistent with the needs of 
105  the charter school, are provided by the school district at the 
106  request of the charter school, that any funds due to the charter 
107  school under the federal lunch program be paid to the charter 
108  school as soon as the charter school begins serving food under 
109  the federal lunch program, and that the charter school is paid 
110  at the same time and in the same manner under the federal lunch 
111  program as other public schools serviced by the sponsor or the 
112  school district; test administration services, including payment 
113  of the costs of state-required or district-required student 
114  assessments; processing of teacher certificate data services; 
115  and information services, including equal access to student 
116  information systems that are used by public schools in the 
117  district in which the charter school is located. Student 
118  performance data for each student in a charter school, 
119  including, but not limited to, subject area assessment scores, 
120  end-of-course examination FCAT scores, standardized test scores, 
121  previous public school student report cards, and student 
122  performance measures, shall be provided by the sponsor to a 
123  charter school in the same manner provided to other public 
124  schools in the district. A total administrative fee for the 
125  provision of such services shall be calculated based upon up to 
126  5 percent of the available funds defined in paragraph (17)(b) 
127  for all students. However, a sponsor may only withhold up to a 
128  5-percent administrative fee for enrollment for up to and 
129  including 500 students. For charter schools with a population of 
130  501 or more students, the difference between the total 
131  administrative fee calculation and the amount of the 
132  administrative fee withheld may only be used for capital outlay 
133  purposes specified in s. 1013.62(2). Each charter school shall 
134  receive 100 percent of the funds awarded to that school pursuant 
135  to s. 1012.225. Sponsors shall not charge charter schools any 
136  additional fees or surcharges for administrative and educational 
137  services in addition to the maximum 5-percent administrative fee 
138  withheld pursuant to this paragraph. 
139         Section 2. Paragraph (c) of subsection (3) of section 
140  1003.03, Florida Statutes, is amended to read: 
141         1003.03 Maximum class size.— 
142         (3) IMPLEMENTATION OPTIONS.—District school boards must 
143  consider, but are not limited to, implementing the following 
144  items in order to meet the constitutional class size maximums 
145  described in subsection (1) and the two-student-per-year 
146  reduction required in subsection (2): 
147         (c)1. Repeal district school board policies that require 
148  students to have more than 24 credits to graduate from high 
149  school. 
150         2. Adopt policies to allow students to graduate from high 
151  school as soon as they meet the requirements pass the grade 10 
152  FCAT and complete the courses required for high school 
153  graduation. 
154         Section 3. Paragraph (d) of subsection (3) and paragraph 
155  (e) of subsection (4) of section 1003.413, Florida Statutes, are 
156  amended to read: 
157         1003.413 Florida Secondary School Redesign Act.— 
158         (3) Based on these guiding principles, district school 
159  boards shall establish policies to implement the requirements of 
160  ss. 1003.4156, 1003.428, and 1003.493. The policies must 
161  address: 
162         (d) Credit recovery courses and intensive reading and 
163  mathematics intervention services courses based on student 
164  performance on diagnostic assessments, subject area assessments, 
165  or end-of-course examinations the FCAT. These courses and 
166  intervention services should be competency based and offered 
167  through innovative delivery systems, including computer-assisted 
168  instruction. School districts should use learning gains as well 
169  as other appropriate data and provide incentives to identify and 
170  reward high-performing teachers who teach credit recovery 
171  courses and provide intensive intervention services courses. 
172         (4) In order to support the successful implementation of 
173  this section by district school boards, the Department of 
174  Education shall: 
175         (e) Use data to provide the Legislature with an annual 
176  longitudinal analysis of the success of this reform effort, 
177  including the progress of 6th grade students and 9th grade 
178  students not meeting grade-level expectations on end-of-course 
179  examinations or subject area assessments in scoring at Level 1 
180  on FCAT reading or FCAT mathematics. 
181         Section 4. Subsection (1) of section 1003.4156, Florida 
182  Statutes, is amended to read: 
183         1003.4156 General requirements for middle grades 
184  promotion.— 
185         (1) Beginning with students entering grade 6 in the 2006 
186  2007 school year, Promotion from a school composed of middle 
187  grades 6, 7, and 8 requires that: 
188         (a) The student must successfully complete academic courses 
189  as follows: 
190         1. Three middle school or higher courses in English. These 
191  courses shall emphasize literature, composition, and technical 
192  text. 
193         2. Three middle school or higher courses in mathematics. 
194  Each middle school must offer at least one high school level 
195  mathematics course for which students may earn high school 
196  credit. 
197         3. Three middle school or higher courses in social studies, 
198  one semester of which must include the study of state and 
199  federal government and civics education. 
200         4. Three middle school or higher courses in science. 
201         5. One course in career and education planning to be 
202  completed in 7th or 8th grade. The course may be taught by any 
203  member of the instructional staff; must include career 
204  exploration using CHOICES for the 21st Century or a comparable 
205  cost-effective program; must include educational planning using 
206  the online student advising system known as Florida Academic 
207  Counseling and Tracking for Students at the Internet website 
208  FACTS.org; and shall result in the completion of a personalized 
209  academic and career plan. 
210 
211  Each school must hold a parent meeting either in the evening or 
212  on a weekend to inform parents about the course curriculum and 
213  activities. Each student shall complete an electronic personal 
214  education plan that must be signed by the student; the student’s 
215  instructor, guidance counselor, or academic advisor; and the 
216  student’s parent. By January 1, 2007, the Department of 
217  Education shall develop course frameworks and professional 
218  development materials for the career exploration and education 
219  planning course. The course may be implemented as a stand-alone 
220  course or integrated into another course or courses. The 
221  Commissioner of Education shall collect longitudinal high school 
222  course enrollment data by student ethnicity in order to analyze 
223  course-taking patterns. 
224         (b) For each year in which a student’s performance on a 
225  diagnostic assessment or a subject area assessment in student 
226  scores at Level l on FCAT reading does not meet grade-level 
227  expectations, the student must be enrolled in and complete an 
228  intensive reading course the following year. Placement of 
229  students Level 2 readers in either an intensive reading course 
230  or a content area course in which reading strategies are 
231  delivered shall be determined by diagnosis of reading needs. The 
232  department shall provide guidance on appropriate strategies for 
233  diagnosing and meeting the varying instructional needs of 
234  students reading below grade level. Reading courses shall be 
235  designed and offered pursuant to the comprehensive reading plan 
236  required by s. 1011.62(9). 
237         (c) For each year in which a student’s performance on a 
238  diagnostic assessment, a subject area assessment, or an end-of 
239  course examination in student scores at Level 1 or Level 2 on 
240  FCAT mathematics does not meet grade-level expectations, the 
241  student must receive remediation the following year, which may 
242  be integrated into the student’s required mathematics course. 
243         Section 5. Subsections (1), (2), and (4) and paragraph (b) 
244  of subsection (8) of section 1003.428, Florida Statutes, are 
245  amended to read: 
246         1003.428 General requirements for high school graduation; 
247  revised.— 
248         (1) Except as otherwise authorized pursuant to s. 1003.429, 
249  beginning with students entering their first year of high school 
250  in the 2007-2008 school year, graduation requires the successful 
251  completion of a minimum of 24 credits, an International 
252  Baccalaureate curriculum, or an Advanced International 
253  Certificate of Education curriculum. Students must be advised of 
254  the Advanced Placement, International Baccalaureate, Advanced 
255  International Certificate of Education, career academy 
256  coursework that leads to national industry certification, and 
257  dual enrollment courses available, as well as the availability 
258  of course offerings through the Florida Virtual School. Students 
259  must also be advised of eligibility requirements for state 
260  scholarship programs and postsecondary admissions. 
261         (2) The 24 credits may be earned through applied, 
262  integrated, and combined courses approved by the Department of 
263  Education and shall be distributed as follows: 
264         (a) Sixteen core curriculum credits: 
265         1. Four credits in English, with major concentration in 
266  composition, reading for information, and literature. 
267         2. Four credits in mathematics, one of which must be 
268  Algebra I, a series of courses equivalent to Algebra I, or a 
269  higher-level mathematics course. Beginning with students 
270  entering grade 9 in the 2014-2015 school year, one of the four 
271  credits must be Algebra I or a series of courses equivalent to 
272  Algebra I as approved by the State Board of Education, one 
273  credit must be geometry or a series of courses equivalent to 
274  geometry as approved by the State Board of Education, and one 
275  credit must be Algebra II or a series of courses equivalent to 
276  Algebra II as approved by the State Board of Education. School 
277  districts are encouraged to set specific goals to increase 
278  enrollments in, and successful completion of, geometry and 
279  Algebra II. 
280         3. Three credits in science, two of which must have a 
281  laboratory component. Beginning with students entering grade 9 
282  in the 2014-2015 school year, one of the three credits must be 
283  Biology I or a series of courses equivalent to Biology I as 
284  approved by the State Board of Education, one credit must be 
285  chemistry or physics or a series of courses equivalent to 
286  chemistry or physics as approved by the State Board of 
287  Education, and one credit must be a higher-level science course. 
288  At least two of the science courses must have a laboratory 
289  component. 
290         4. Three credits in social studies as follows: one credit 
291  in American history; one credit in world history; one-half 
292  credit in economics; and one-half credit in American government. 
293         5. One credit in fine or performing arts, speech and 
294  debate, or a practical arts course that incorporates artistic 
295  content and techniques of creativity, interpretation, and 
296  imagination. Eligible practical arts courses shall be identified 
297  through the Course Code Directory. 
298         6. One credit in physical education to include integration 
299  of health. Participation in an interscholastic sport at the 
300  junior varsity or varsity level for two full seasons shall 
301  satisfy the one-credit requirement in physical education if the 
302  student passes a competency test on personal fitness with a 
303  score of “C” or better. The competency test on personal fitness 
304  must be developed by the Department of Education. A district 
305  school board may not require that the one credit in physical 
306  education be taken during the 9th grade year. Completion of one 
307  semester with a grade of “C” or better in a marching band class, 
308  in a physical activity class that requires participation in 
309  marching band activities as an extracurricular activity, or in a 
310  dance class shall satisfy one-half credit in physical education 
311  or one-half credit in performing arts. This credit may not be 
312  used to satisfy the personal fitness requirement or the 
313  requirement for adaptive physical education under an individual 
314  education plan (IEP) or 504 plan. Completion of 2 years in a 
315  Reserve Officer Training Corps (R.O.T.C.) class, a significant 
316  component of which is drills, shall satisfy the one-credit 
317  requirement in physical education and the one-credit requirement 
318  in performing arts. This credit may not be used to satisfy the 
319  personal fitness requirement or the requirement for adaptive 
320  physical education under an individual education plan (IEP) or 
321  504 plan. 
322         (b) Eight credits in majors, minors, or electives: 
323         1. Four credits in a major area of interest, such as 
324  sequential courses in a career and technical program, fine and 
325  performing arts, or academic content area, selected by the 
326  student as part of the education plan required by s. 1003.4156. 
327  Students may revise major areas of interest each year as part of 
328  annual course registration processes and should update their 
329  education plan to reflect such revisions. Annually by October 1, 
330  the district school board shall approve major areas of interest 
331  and submit the list of majors to the Commissioner of Education 
332  for approval. Each major area of interest shall be deemed 
333  approved unless specifically rejected by the commissioner within 
334  60 days. Upon approval, each district’s major areas of interest 
335  shall be available for use by all school districts and shall be 
336  posted on the department’s website. 
337         2. Four credits in elective courses selected by the student 
338  as part of the education plan required by s. 1003.4156. These 
339  credits may be combined to allow for a second major area of 
340  interest pursuant to subparagraph 1., a minor area of interest, 
341  elective courses, or intensive reading or mathematics 
342  intervention courses as described in this subparagraph. 
343         a. Minor areas of interest are composed of three credits 
344  selected by the student as part of the education plan required 
345  by s. 1003.4156 and approved by the district school board. 
346         b. Elective courses are selected by the student in order to 
347  pursue a complete education program as described in s. 
348  1001.41(3) and to meet eligibility requirements for 
349  scholarships. 
350         c. For each year in which a student’s performance on a 
351  diagnostic assessment or subject area assessment in student 
352  scores at Level l on FCAT reading does not meet grade-level 
353  expectations, the student must receive remediation and 
354  intervention services as soon as feasible but no later than be 
355  enrolled in and complete an intensive reading course the 
356  following year. Placement of students Level 2 readers in either 
357  a an intensive reading course or a content area course in which 
358  reading strategies are delivered shall be determined by 
359  diagnosis of reading needs. The department shall provide 
360  guidance on appropriate strategies for diagnosing and meeting 
361  the varying instructional needs of students reading below grade 
362  level. Reading courses shall be designed and offered pursuant to 
363  the comprehensive reading plan required by s. 1011.62(9). 
364         d. For each year in which a student’s performance on a 
365  diagnostic assessment, a subject area assessment, or an end-of 
366  course examination in student scores at Level 1 or Level 2 on 
367  FCAT mathematics does not meet grade-level expectations, the 
368  student must receive remediation and intervention services as 
369  soon as feasible but no later than the following year. 
370  Intervention These courses may be taught through applied, 
371  integrated, or combined courses and are subject to approval by 
372  the department for inclusion in the Course Code Directory. 
373         (4) Each district school board shall establish standards 
374  for graduation from its schools, which must include: 
375         (a) Successful completion of the academic credit or 
376  curriculum requirements of subsections (1) and (2). 
377         (b) Successful overall academic performance based on end 
378  of-course examinations, grade point average, student portfolios, 
379  and, if determined by the State Board of Education, other 
380  measurable indicators of student progress. Earning passing 
381  scores on the FCAT, as defined in s. 1008.22(3)(c), or scores on 
382  a standardized test that are concordant with passing scores on 
383  the FCAT as defined in s. 1008.22(10). 
384         (c) Completion of all other applicable requirements 
385  prescribed by the district school board pursuant to s. 1008.25. 
386         (d) Achievement of a cumulative grade point average of 2.0 
387  on a 4.0 scale, or its equivalent, in the courses required by 
388  this section. 
389 
390  Each district school board shall adopt policies designed to 
391  assist students in meeting the requirements of this subsection. 
392  These policies may include, but are not limited to: forgiveness 
393  policies, summer school or before or after school attendance, 
394  special counseling, volunteers or peer tutors, school-sponsored 
395  help sessions, homework hotlines, and study skills classes. 
396  Forgiveness policies for required courses shall be limited to 
397  replacing a grade of “D” or “F,” or the equivalent of a grade of 
398  “D” or “F,” with a grade of “C” or higher, or the equivalent of 
399  a grade of “C” or higher, earned subsequently in the same or 
400  comparable course. Forgiveness policies for elective courses 
401  shall be limited to replacing a grade of “D” or “F,” or the 
402  equivalent of a grade of “D” or “F,” with a grade of “C” or 
403  higher, or the equivalent of a grade of “C” or higher, earned 
404  subsequently in another course. The only exception to these 
405  forgiveness policies shall be made for a student in the middle 
406  grades who takes any high school course for high school credit 
407  and earns a grade of “C,” “D,” or “F” or the equivalent of a 
408  grade of “C,” “D,” or “F.” In such case, the district 
409  forgiveness policy must allow the replacement of the grade with 
410  a grade of “C” or higher, or the equivalent of a grade of “C” or 
411  higher, earned subsequently in the same or comparable course. In 
412  all cases of grade forgiveness, only the new grade shall be used 
413  in the calculation of the student’s grade point average. Any 
414  course grade not replaced according to a district school board 
415  forgiveness policy shall be included in the calculation of the 
416  cumulative grade point average required for graduation. 
417         (8) 
418         (b) A student with a disability, as defined in s. 
419  1007.02(2), for whom the individual education plan (IEP) 
420  committee determines that an end-of-course examination the FCAT 
421  cannot accurately measure the student’s abilities taking into 
422  consideration all allowable accommodations, shall have the end 
423  of-course examination results that are used as a partial basis 
424  for determining successful overall academic performance under 
425  FCAT requirement of paragraph (4)(b) waived for the purpose of 
426  receiving a standard high school diploma, if the student: 
427         1. completes the minimum number of credits and other 
428  requirements prescribed by subsections (1), (2), and (3). 
429         2. Does not meet the requirements of paragraph (4)(b) after 
430  one opportunity in 10th grade and one opportunity in 11th grade. 
431         Section 6. Subsections (1) and (6), paragraph (c) of 
432  subsection (7), and subsection (8) of section 1003.429, Florida 
433  Statutes, are amended to read: 
434         1003.429 Accelerated high school graduation options.— 
435         (1) Students who enter grade 9 in the 2006-2007 school year 
436  and thereafter may select, upon receipt of each consent required 
437  by this section, one of the following three high school 
438  graduation options: 
439         (a) Completion of the general requirements for high school 
440  graduation pursuant to s. 1003.428 or s. 1003.43; 
441         (b) Completion of a 3-year standard college preparatory 
442  program requiring successful completion of a minimum of 18 
443  academic credits in grades 9 through 12. At least 6 of the 18 
444  credits required for completion of this program must be received 
445  in classes that are offered pursuant to the International 
446  Baccalaureate Program, the Advanced Placement Program, dual 
447  enrollment, or the Advanced International Certificate of 
448  Education Program, or specifically listed or identified by the 
449  Department of Education as rigorous pursuant to s. 1009.531(3). 
450  Students must be advised of the Advanced Placement, 
451  International Baccalaureate, Advanced International Certificate 
452  of Education, career academy coursework that leads to national 
453  industry certification, and dual enrollment courses available, 
454  as well as the availability of course offerings through the 
455  Florida Virtual School. The 18 credits required for completion 
456  of this program shall be primary requirements and shall be 
457  distributed as follows: 
458         1. Four credits in English, with major concentration in 
459  composition and literature; 
460         2. Three credits in mathematics at the Algebra I level or 
461  higher from the list of courses that qualify for state 
462  university admission; 
463         3. Three credits in natural science, two of which must have 
464  a laboratory component; 
465         4. Three credits in social sciences, which must include one 
466  credit in American history, one credit in world history, one 
467  half credit in American government, and one-half credit in 
468  economics; 
469         5. Two credits in the same second language unless the 
470  student is a native speaker of or can otherwise demonstrate 
471  competency in a language other than English. If the student 
472  demonstrates competency in another language, the student may 
473  replace the language requirement with two credits in other 
474  academic courses; and 
475         6. Three credits in electives; or 
476         (c) Completion of a 3-year career preparatory program 
477  requiring successful completion of a minimum of 18 academic 
478  credits in grades 9 through 12. The 18 credits shall be primary 
479  requirements and shall be distributed as follows: 
480         1. Four credits in English, with major concentration in 
481  composition and literature; 
482         2. Three credits in mathematics, one of which must be 
483  Algebra I; 
484         3. Three credits in natural science, two of which must have 
485  a laboratory component; 
486         4. Three credits in social sciences, which must include one 
487  credit in American history, one credit in world history, one 
488  half credit in American government, and one-half credit in 
489  economics; 
490         5. Three credits in a single vocational or career education 
491  program, three credits in career and technical certificate dual 
492  enrollment courses, or five credits in vocational or career 
493  education courses; and 
494         6. Two credits in electives unless five credits are earned 
495  pursuant to subparagraph 5. 
496 
497  Any student who selected an accelerated graduation program 
498  before July 1, 2004, may continue that program, and all 
499  statutory program requirements that were applicable when the 
500  student made the program choice shall remain applicable to the 
501  student as long as the student continues that program. 
502         (6) Students pursuing accelerated 3-year high school 
503  graduation options pursuant to paragraph (1)(b) or paragraph 
504  (1)(c) are required to: 
505         (a) Achieve successful overall academic performance based 
506  on end-of-course examinations, grade point average, student 
507  portfolios, and, if determined by the State Board of Education, 
508  other measurable indicators of student progress. Earn passing 
509  scores on the FCAT as defined in s. 1008.22(3)(c) or scores on a 
510  standardized test that are concordant with passing scores on the 
511  FCAT as defined in s. 1008.22(10). 
512         (b)1. Achieve a cumulative weighted grade point average of 
513  3.5 on a 4.0 scale, or its equivalent, in the courses required 
514  for the college preparatory accelerated 3-year high school 
515  graduation option pursuant to paragraph (1)(b); or 
516         2. Achieve a cumulative weighted grade point average of 3.0 
517  on a 4.0 scale, or its equivalent, in the courses required for 
518  the career preparatory accelerated 3-year high school graduation 
519  option pursuant to paragraph (1)(c). 
520         (c) Receive a weighted or unweighted grade that earns at 
521  least 3.0 points, or its equivalent, to earn course credit 
522  toward the 18 credits required for the college preparatory 
523  accelerated 3-year high school graduation option pursuant to 
524  paragraph (1)(b). 
525         (d) Receive a weighted or unweighted grade that earns at 
526  least 2.0 points, or its equivalent, to earn course credit 
527  toward the 18 credits required for the career preparatory 
528  accelerated 3-year high school graduation option pursuant to 
529  paragraph (1)(c). 
530 
531  Weighted grades referred to in paragraphs (b), (c), and (d) 
532  shall be applied to those courses specifically listed or 
533  identified by the department as rigorous pursuant to s. 
534  1009.531(3) or weighted by the district school board for class 
535  ranking purposes. 
536         (7) If, at the end of grade 10, a student is not on track 
537  to meet the credit, assessment, or grade-point-average 
538  requirements of the accelerated graduation option selected, the 
539  school shall notify the student and parent of the following: 
540         (c) The right of the student to change to the 4-year 
541  program set forth in s. 1003.428 or s. 1003.43. 
542         (8) A student who selected one of the accelerated 3-year 
543  graduation options shall automatically move to the 4-year 
544  program set forth in s. 1003.428 or s. 1003.43 if the student: 
545         (a) Exercises his or her right to change to the 4-year 
546  program; 
547         (b) Fails to earn 5 credits by the end of grade 9 or fails 
548  to earn 11 credits by the end of grade 10; 
549         (c) Does not achieve a passing score of 3 or higher on an 
550  end-of-course examination in language arts the grade 10 FCAT 
551  writing assessment; or 
552         (d) By the end of grade 11 does not meet the requirements 
553  of subsections (1) and (6). 
554         Section 7. Subsections (1), (2), and (3) of section 
555  1003.433, Florida Statutes, are amended to read: 
556         1003.433 Learning opportunities for out-of-state and out 
557  of-country transfer students and students needing additional 
558  instruction to meet high school graduation requirements.— 
559         (1) Students who enter a Florida public school at the 
560  eleventh or twelfth grade from out of state or from a foreign 
561  country shall not be required to spend additional time in a 
562  Florida public school in order to meet the high school course 
563  requirements if the student has met all requirements of the 
564  school district, state, or country from which he or she is 
565  transferring. Such students who are not proficient in English 
566  should receive immediate and intensive instruction in English 
567  language acquisition. However, to receive a standard high school 
568  diploma, a transfer student must achieve successful overall 
569  academic performance based on end-of-course examinations, earn a 
570  2.0 or higher grade point average, student portfolios, and, if 
571  determined by the State Board of Education, other measurable 
572  indicators of student progress and pass the grade 10 FCAT 
573  required in s. 1008.22(3) or an alternate assessment as 
574  described in s. 1008.22(10). 
575         (2) Students who do not meet have met all requirements for 
576  the standard high school diploma except for passage of the grade 
577  10 FCAT or an alternate assessment by the end of grade 12 must 
578  be provided the following learning opportunities: 
579         (a) Participation in an accelerated high school equivalency 
580  diploma preparation program during the summer. 
581         (b) Upon receipt of a certificate of completion, be allowed 
582  to take the College Placement Test and be admitted to remedial 
583  or credit courses at a state community college, as appropriate. 
584         (c) Participation in an adult general education program as 
585  provided in s. 1004.93 for such time as the student requires to 
586  master English, reading, mathematics, or any other subject 
587  required for high school graduation. Students attending adult 
588  basic, adult secondary, or vocational-preparatory instruction 
589  are exempt from any requirement for the payment of tuition and 
590  fees, including lab fees, pursuant to s. 1009.25. A student 
591  attending an adult general education program shall have the 
592  opportunity to take the grade 10 FCAT an unlimited number of 
593  times in order to receive a standard high school diploma. 
594         (3) Students who have been enrolled in an ESOL program for 
595  less than 2 school years and have not met all requirements for 
596  the standard high school diploma except for passage of the grade 
597  10 FCAT or alternate assessment may receive immersion English 
598  language instruction during the summer following their senior 
599  year. Students receiving such instruction are eligible to take 
600  the FCAT or alternate assessment and receive a standard high 
601  school diploma upon achievement of successful overall academic 
602  performance pursuant to subsection (1) passage of the grade 10 
603  FCAT or the alternate assessment. This subsection shall be 
604  implemented to the extent funding is provided in the General 
605  Appropriations Act. 
606         Section 8. Paragraph (k) of subsection (4) of section 
607  1003.493, Florida Statutes, is amended to read: 
608         1003.493 Career and professional academies.— 
609         (4) Each career and professional academy must: 
610         (k) Include an evaluation plan developed jointly with the 
611  Department of Education and the local workforce board. The 
612  evaluation plan must include an assessment tool based on 
613  national industry standards, such as the Career Academy National 
614  Standards of Practice, and outcome measures, including, but not 
615  limited to, achievement of industry certifications, graduation 
616  rates, enrollment in postsecondary education, business and 
617  industry satisfaction, employment and earnings, awards of 
618  postsecondary credit and scholarships, and end-of-course 
619  examination FCAT achievement levels and learning gains. The 
620  Department of Education shall use Workforce Florida, Inc., and 
621  Enterprise Florida, Inc., in identifying industry experts to 
622  participate in developing and implementing such assessments. 
623         Section 9. Paragraph (c) of subsection (6) of section 
624  1007.35, Florida Statutes, is amended to read: 
625         1007.35 Florida Partnership for Minority and 
626  Underrepresented Student Achievement.— 
627         (6) The partnership shall: 
628         (c) Provide teacher training and materials that are aligned 
629  with the Next Generation Sunshine State Standards and are 
630  consistent with best theory and practice regarding multiple 
631  learning styles and research on learning, instructional 
632  strategies, instructional design, and classroom assessment. 
633  Curriculum materials must be based on current, accepted, and 
634  essential academic knowledge. Materials for prerequisite courses 
635  should, at a minimum, address the skills assessed on the Florida 
636  Comprehensive Assessment Test (FCAT). 
637         Section 10. Paragraph (a) of subsection (1), paragraphs (c) 
638  and (g) of subsection (3), paragraphs (b) and (c) of subsection 
639  (4), paragraph (a) of subsection (7), and subsections (9) 
640  through (12) of section 1008.22, Florida Statutes, are amended 
641  to read: 
642         1008.22 Student assessment program for public schools.— 
643         (1) PURPOSE.—The primary purposes of the student assessment 
644  program are to provide information needed to improve the public 
645  schools by enhancing the learning gains of all students and to 
646  inform parents of the educational progress of their public 
647  school children. The program must be designed to: 
648         (a) Assess the annual learning gains of each student toward 
649  achieving the Next Generation Sunshine State Standards 
650  appropriate for the student’s grade level. 
651         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 
652  design and implement a statewide program of educational 
653  assessment that provides information for the improvement of the 
654  operation and management of the public schools, including 
655  schools operating for the purpose of providing educational 
656  services to youth in Department of Juvenile Justice programs. 
657  The commissioner may enter into contracts for the continued 
658  administration of the assessment, testing, and evaluation 
659  programs authorized and funded by the Legislature. Contracts may 
660  be initiated in 1 fiscal year and continue into the next and may 
661  be paid from the appropriations of either or both fiscal years. 
662  The commissioner is authorized to negotiate for the sale or 
663  lease of tests, scoring protocols, test scoring services, and 
664  related materials developed pursuant to law. Pursuant to the 
665  statewide assessment program, the commissioner shall: 
666         (c) Develop and implement a student achievement testing 
667  program consisting of subject area assessments for students in 
668  grades 3 through 5, subject area assessments and end-of-course 
669  examinations for students in grades 6 through 12, and diagnostic 
670  assessments for students in grades 6, 8, and 10 known as the 
671  Florida Comprehensive Assessment Test (FCAT) as part of the 
672  statewide assessment program to measure a student’s content 
673  knowledge and skills in language arts, reading, writing, 
674  science, and mathematics, and other core and noncore subject 
675  areas as determined by the State Board of Education. Subject 
676  area assessments and end-of-course examinations Other content 
677  areas may be included as directed by the commissioner. 
678  Comprehensive assessments of reading and mathematics shall be 
679  administered annually in grades 3 through 10. Comprehensive 
680  assessments of writing and science shall be administered at 
681  least once at the elementary, middle, and high school levels. 
682  End-of-course assessments for a subject may be administered in 
683  addition to the comprehensive assessments required for that 
684  subject under this paragraph. An end-of-course assessment must 
685  be rigorous, statewide, standardized, and developed or approved 
686  by the department. The content knowledge and skills assessed by 
687  comprehensive subject area assessments and end-of-course 
688  examinations assessments must be aligned to the core curricular 
689  content established in the Next Generation Sunshine State 
690  Standards. The commissioner may select one or more nationally 
691  developed comprehensive examinations, which may include, but 
692  need not be limited to, examinations for a College Board 
693  Advanced Placement course, International Baccalaureate course, 
694  or Advanced International Certificate of Education course or 
695  industry-approved examinations to earn national industry 
696  certifications as defined in s. 1003.492, for use as end-of 
697  course examinations assessments under this paragraph, if the 
698  commissioner determines that the content knowledge and skills 
699  assessed by the examinations meet or exceed the grade level 
700  expectations for the core curricular content established for the 
701  course in the Next Generation Sunshine State Standards. The 
702  commissioner may collaborate with the American Diploma Project 
703  in the adoption or development of rigorous end-of-course 
704  examinations assessments that are aligned to the Next Generation 
705  Sunshine State Standards. The testing program must be designed 
706  as follows: 
707         1. The tests shall measure student skills and competencies 
708  adopted by the State Board of Education as specified in 
709  paragraph (a). The tests must measure and report student 
710  proficiency levels of all students assessed in reading, writing, 
711  mathematics, and science. The commissioner shall provide for the 
712  tests to be developed or obtained, as appropriate, through 
713  contracts and project agreements with private vendors, public 
714  vendors, public agencies, postsecondary educational 
715  institutions, or school districts. The commissioner shall obtain 
716  input with respect to the design and implementation of the 
717  testing program from education stakeholders and experts, state 
718  educators, assistive technology experts, and the public. 
719         2.a. The testing program shall be composed of criterion 
720  referenced tests that shall, to the extent determined by the 
721  commissioner, include test items that require the student to 
722  produce information or perform tasks in such a way that the core 
723  content knowledge and skills he or she uses can be measured. 
724         b. Diagnostic assessments shall be given to students in 
725  grades 6, 8, and 10 in language arts, mathematics, and science 
726  content knowledge and skills and shall be used to keep students 
727  on track to graduate from high school. The diagnostic 
728  assessments shall be designed to identify specific academic 
729  weaknesses in individual students and to provide specific 
730  diagnostic information to help focus instruction most 
731  effectively to meet the needs of individual students. 
732         c. To ensure that students are progressing and meeting 
733  international benchmarks, the testing program may include use of 
734  international assessments, including the Program for 
735  International Student Assessment and the Trends in International 
736  Mathematics and Science Study, as diagnostic tools. 
737         3. Beginning with the 2008-2009 school year, the 
738  commissioner shall discontinue administration of the selected 
739  response test items on the comprehensive assessments of writing. 
740  Beginning with the 2012-2013 school year, the comprehensive 
741  assessments of writing shall be composed of a combination of 
742  selected-response test items, short-response performance tasks, 
743  and extended-response performance tasks, which shall measure a 
744  student’s content knowledge of writing, including, but not 
745  limited to, paragraph and sentence structure, sentence 
746  construction, grammar and usage, punctuation, capitalization, 
747  spelling, parts of speech, verb tense, irregular verbs, subject 
748  verb agreement, and noun-pronoun agreement. 
749         4. A score shall be designated for each subject area tested 
750  and end-of-course examination, below which score a student’s 
751  performance is deemed inadequate. The school districts shall 
752  provide appropriate remedial instruction and intervention 
753  services to students who score below these levels. 
754         5. Except as provided in s. 1003.428(8)(b) or s. 
755  1003.43(11)(b), students must achieve successful overall 
756  academic performance based partially on end-of-course 
757  examinations earn a passing score on the grade 10 assessment 
758  test described in this paragraph or attain concordant scores as 
759  described in subsection (10) in reading, writing, and 
760  mathematics to qualify for a standard high school diploma. The 
761  State Board of Education shall designate a passing score for 
762  each part of the grade 10 assessment test. In establishing 
763  passing scores, the state board shall consider any possible 
764  negative impact of the test on minority students. The State 
765  Board of Education shall adopt rules which specify the passing 
766  scores for end-of-course examinations the grade 10 FCAT. Any 
767  such rules, which have the effect of raising the required 
768  passing scores, shall apply only to students taking the grade 10 
769  FCAT for the first time after such rules are adopted by the 
770  State Board of Education. 
771         6. Participation in the testing program is mandatory for 
772  all students attending public school, including students served 
773  in Department of Juvenile Justice programs, except as otherwise 
774  prescribed by the commissioner. If a student does not 
775  participate in the statewide assessment, the district must 
776  notify the student’s parent and provide the parent with 
777  information regarding the implications of such nonparticipation. 
778  A parent must provide signed consent for a student to receive 
779  classroom instructional accommodations that would not be 
780  available or permitted on the statewide assessments and must 
781  acknowledge in writing that he or she understands the 
782  implications of such instructional accommodations. The State 
783  Board of Education shall adopt rules, based upon recommendations 
784  of the commissioner, for the provision of test accommodations 
785  for students in exceptional education programs and for students 
786  who have limited English proficiency. Accommodations that negate 
787  the validity of a statewide assessment are not allowable in the 
788  administration of subject area assessments and end-of-course 
789  examinations the FCAT. However, instructional accommodations are 
790  allowable in the classroom if included in a student’s individual 
791  education plan. Students using instructional accommodations in 
792  the classroom that are not allowable as accommodations on end 
793  of-course examinations the FCAT may have end-of-course 
794  examination requirements the FCAT requirement waived pursuant to 
795  the requirements of s. 1003.428(8)(b) or s. 1003.43(11)(b). 
796         7. A student seeking an adult high school diploma must meet 
797  the same testing requirements that a regular high school student 
798  must meet. 
799         8. District school boards must provide instruction to 
800  prepare students to demonstrate proficiency in the core 
801  curricular content established in the Next Generation Sunshine 
802  State Standards adopted under s. 1003.41, including the core 
803  content knowledge and skills necessary for successful grade-to 
804  grade progression and high school graduation. If a student is 
805  provided with instructional accommodations in the classroom that 
806  are not allowable as accommodations in the statewide assessment 
807  program, as described in the test manuals, the district must 
808  inform the parent in writing and must provide the parent with 
809  information regarding the impact on the student’s ability to 
810  meet expected proficiency levels in reading, writing, and 
811  mathematics. The commissioner shall conduct studies as necessary 
812  to verify that the required core curricular content is part of 
813  the district instructional programs. 
814         9. District school boards must provide opportunities for 
815  students to demonstrate an acceptable level of performance on an 
816  alternative standardized subject area assessment or end-of 
817  course examination approved by the State Board of Education 
818  following enrollment in summer academies. 
819         10. The Department of Education must develop, or select, 
820  and implement a common battery of assessment tools that will be 
821  used in all juvenile justice programs in the state. These tools 
822  must accurately measure the core curricular content established 
823  in the Next Generation Sunshine State Standards. 
824         11. For students seeking a special diploma pursuant to s. 
825  1003.438, the Department of Education must develop or select and 
826  implement an alternate assessment tool that accurately measures 
827  the core curricular content established in the Next Generation 
828  Sunshine State Standards for students with disabilities under s. 
829  1003.438. 
830         12. The Commissioner of Education shall establish schedules 
831  for the administration of statewide assessments and the 
832  reporting of student test results. The commissioner shall, by 
833  August 1 of each year, notify each school district in writing 
834  and publish on the department’s Internet website the testing and 
835  reporting schedules for, at a minimum, the school year following 
836  the upcoming school year. The testing and reporting schedules 
837  shall require that: 
838         a. There is the latest possible administration of statewide 
839  subject area assessments and the earliest possible reporting to 
840  the school districts of student test results which is feasible 
841  within available technology and specific appropriations; 
842  however, test results must be made available no later than the 
843  final day of the regular school year for students. 
844         b. Beginning with the 2010-2011 school year, a 
845  comprehensive statewide assessment of writing is not 
846  administered earlier than the week of March 1 and a 
847  comprehensive statewide assessment of any other subject is not 
848  administered earlier than the week of April 15. 
849         c. A statewide standardized end-of-course examination 
850  assessment is administered within the last 2 weeks of the course 
851  and test results are reported as soon as possible but no later 
852  than the final day of the semester or regular school year, as 
853  applicable. 
854 
855  The commissioner may, based on collaboration and input from 
856  school districts, design and implement student testing programs, 
857  for any grade level and subject area, necessary to effectively 
858  monitor educational achievement in the state, including the 
859  measurement of educational achievement of the Next Generation 
860  Sunshine State Standards for students with disabilities. 
861  Development and refinement of assessments shall include 
862  universal design principles and accessibility standards that 
863  will prevent any unintended obstacles for students with 
864  disabilities while ensuring the validity and reliability of the 
865  test. These principles should be applicable to all technology 
866  platforms and assistive devices available for the assessments. 
867  The field testing process and psychometric analyses for the 
868  statewide assessment program must include an appropriate 
869  percentage of students with disabilities and an evaluation or 
870  determination of the effect of test items on such students. 
871         (g) Conduct ongoing analysis of the Study the cost and 
872  student achievement impact of secondary end-of-course 
873  examinations assessments, including web-based and performance 
874  formats, and report such information to the Legislature prior to 
875  implementation. 
876         (4) STATEWIDE ASSESSMENT PREPARATION; PROHIBITED 
877  ACTIVITIES.—Beginning with the 2008-2009 school year, a district 
878  school board shall prohibit each public school from suspending a 
879  regular program of curricula for purposes of administering 
880  practice tests or engaging in other test-preparation activities 
881  for a statewide assessment. However, a district school board may 
882  authorize a public school to engage in the following test 
883  preparation activities for a statewide assessment: 
884         (b) Providing individualized instruction in test-taking 
885  strategies, without suspending the school’s regular program of 
886  curricula, for a student who is identified through performance 
887  on a subject area assessment or an end-of-course examination as 
888  having a deficiency in test-taking skills scores at Level 1 or 
889  Level 2 on a prior administration of the statewide assessment. 
890         (c) Providing individualized instruction in the content 
891  knowledge and skills assessed, without suspending the school’s 
892  regular program of curricula, for a student who scores at Level 
893  1 or Level 2 on a prior administration of the statewide 
894  assessment or a student who, through a subject area assessment, 
895  an end-of-course examination, or a diagnostic assessment 
896  administered by the school district, is identified as having a 
897  deficiency in the content knowledge and skills assessed. 
898         (7) REQUIRED ANALYSES.—The commissioner shall provide, at a 
899  minimum, for the following analyses of data produced by the 
900  student achievement testing program: 
901         (a) The statistical system for the annual assessments shall 
902  use measures of student learning, such as subject area 
903  assessments and end-of-course examinations the FCAT, to 
904  determine teacher, school, and school district statistical 
905  distributions, which shall be determined using available data 
906  from the assessments and examinations the FCAT, and other data 
907  collection as deemed appropriate by the Department of Education, 
908  to measure the differences in student prior year achievement 
909  compared to the current year achievement for the purposes of 
910  accountability and recognition. 
911         (9) APPLICABILITY OF TESTING STANDARDS.— 
912         (a) If the Commissioner of Education revises a statewide 
913  assessment and the revisions require the State Board of 
914  Education to modify the assessment’s proficiency levels or 
915  modify the passing scores required for a standard high school 
916  diploma, until the state board adopts the modifications by rule, 
917  the commissioner shall use calculations for scoring the 
918  assessment which adjust student scores on the revised assessment 
919  for statistical equivalence to student scores on the former 
920  assessment. 
921         (b) A student must attain the passing scores on the 
922  statewide assessment required for a standard high school diploma 
923  which are in effect at the time the student enters grade 9 if 
924  the student’s enrollment is continuous. 
925         (c) If the commissioner revises a statewide assessment and 
926  the revisions require the State Board of Education to modify the 
927  passing scores required for a standard high school diploma, the 
928  commissioner may, with approval of the state board, discontinue 
929  administration of the former assessment upon the graduation, 
930  based on normal student progression, of students participating 
931  in the final regular administration of the former assessment. 
932  The state board shall adopt by rule passing scores for the 
933  revised assessment which are statistically equivalent to passing 
934  scores on the discontinued assessment for a student required 
935  under paragraph (b) to attain passing scores on the discontinued 
936  assessment. 
937         (10) CONCORDANT SCORES FOR THE FCAT.— 
938         (a) The State Board of Education shall analyze the content 
939  and concordant data sets for widely used high school achievement 
940  tests, including, but not limited to, the PSAT, PLAN, SAT, ACT, 
941  and College Placement Test, to assess if concordant scores for 
942  FCAT scores can be determined for high school graduation, 
943  college placement, and scholarship awards. In cases where 
944  content alignment and concordant scores can be determined, the 
945  Commissioner of Education shall adopt those scores as meeting 
946  the graduation requirement in lieu of achieving the FCAT passing 
947  score and may adopt those scores as being sufficient to achieve 
948  additional purposes as determined by rule. Each time that test 
949  content or scoring procedures change for the FCAT or for a high 
950  school achievement test for which a concordant score is 
951  determined, new concordant scores must be determined. 
952         (b) In order to use a concordant subject area score 
953  pursuant to this subsection to satisfy the assessment 
954  requirement for a standard high school diploma as provided in s. 
955  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must 
956  take each subject area of the grade 10 FCAT a total of three 
957  times without earning a passing score. The requirements of this 
958  paragraph shall not apply to a new student who enters the 
959  Florida public school system in grade 12, who may either achieve 
960  a passing score on the FCAT or use an approved subject area 
961  concordant score to fulfill the graduation requirement. 
962         (c) The State Board of Education may define by rule the 
963  allowable uses, other than to satisfy the high school graduation 
964  requirement, for concordant scores as described in this 
965  subsection. Such uses may include, but need not be limited to, 
966  achieving appropriate standardized test scores required for the 
967  awarding of Florida Bright Futures Scholarships and college 
968  placement. 
969         (10)(11) REPORTS.—The Department of Education shall 
970  annually provide a report to the Governor, the President of the 
971  Senate, and the Speaker of the House of Representatives on the 
972  following: 
973         (a) Longitudinal performance of students in mathematics and 
974  reading. 
975         (b) Longitudinal performance of students by grade level in 
976  mathematics and reading. 
977         (c) Longitudinal performance regarding efforts to close the 
978  achievement gap. 
979         (d) Other student performance data based on national norm 
980  referenced and criterion-referenced tests, when available, and 
981  numbers of students who after 8th grade enroll in adult 
982  education rather than other secondary education. 
983         (11)(12) RULES.—The State Board of Education shall adopt 
984  rules pursuant to ss. 120.536(1) and 120.54 to implement the 
985  provisions of this section. 
986         Section 11. Subsection (1), paragraph (b) of subsection 
987  (2), subsections (3) and (4), paragraphs (b) and (c) of 
988  subsection (5), paragraphs (b) and (c) of subsection (6), 
989  paragraph (b) of subsection (7), and paragraphs (a) and (b) of 
990  subsection (8) of section 1008.25, Florida Statutes, are amended 
991  to read: 
992         1008.25 Public school student progression; remedial 
993  instruction; reporting requirements.— 
994         (1) INTENT.—It is the intent of the Legislature that each 
995  student’s progression from one grade to another be determined, 
996  in part, upon proficiency in language arts reading, writing, 
997  science, and mathematics; that district school board policies 
998  facilitate such proficiency; and that each student and his or 
999  her parent be informed of that student’s academic progress. 
1000         (2) COMPREHENSIVE PROGRAM.—Each district school board shall 
1001  establish a comprehensive program for student progression which 
1002  must include: 
1003         (b) Specific levels of performance in language arts 
1004  reading, writing, science, and mathematics for each grade level, 
1005  including the levels of performance on statewide assessments as 
1006  defined by the commissioner, below which a student must receive 
1007  remediation or intervention services, or be retained within an 
1008  intensive program that is different from the previous year’s 
1009  program and that takes into account the student’s learning 
1010  style. 
1011         (3) ALLOCATION OF RESOURCES.—District school boards shall 
1012  allocate remedial and supplemental instruction and intervention 
1013  resources to students in the following priority: 
1014         (a) Students who are deficient in reading by the end of 
1015  grade 3. 
1016         (b) Students who fail to meet performance levels required 
1017  for promotion consistent with the district school board’s plan 
1018  for student progression required in paragraph (2)(b). 
1019         (4) ASSESSMENT AND REMEDIATION.— 
1020         (a) Each student must participate in the statewide 
1021  assessment program tests required by s. 1008.22. Each student 
1022  who does not meet specific levels of performance as determined 
1023  by the district school board in language arts reading, writing, 
1024  science, and mathematics for each grade level, or who scores 
1025  below Level 3 in reading or math, must be provided with 
1026  additional diagnostic assessments to determine the nature of the 
1027  student’s difficulty, the areas of academic need, and strategies 
1028  for appropriate intervention and instruction as described in 
1029  paragraph (b). 
1030         (b) The school in which the student is enrolled must 
1031  develop, in consultation with the student’s parent, and must 
1032  implement a progress monitoring plan. A progress monitoring plan 
1033  is intended to provide the school district and the school 
1034  flexibility in meeting the academic needs of the student and to 
1035  reduce paperwork. A student who is not meeting the school 
1036  district or state requirements for proficiency in reading and 
1037  math shall be covered by one of the following plans to target 
1038  instruction and identify ways to improve his or her academic 
1039  achievement: 
1040         1. A federally required student plan such as an individual 
1041  education plan; 
1042         2. A schoolwide system of progress monitoring for all 
1043  students; or 
1044         3. An individualized progress monitoring plan. 
1045 
1046  The plan chosen must be designed to assist the student or the 
1047  school in meeting state and district expectations for 
1048  proficiency. If the student has been identified as having a 
1049  deficiency in reading, the K-12 comprehensive reading plan 
1050  required by s. 1011.62(9) shall include instructional and 
1051  support services to be provided to meet the desired levels of 
1052  performance. District school boards may require low-performing 
1053  students to attend remediation or intervention programs held 
1054  before or after regular school hours or during the summer if 
1055  transportation is provided. 
1056         (c) Upon subsequent evaluation, if the documented 
1057  deficiency has not been remediated, the student may be retained. 
1058  Each student who does not meet the minimum performance 
1059  expectations defined by the Commissioner of Education for the 
1060  statewide assessment tests in language arts reading, writing, 
1061  science, and mathematics must continue to be provided with 
1062  remedial or supplemental instruction or intervention services 
1063  until the expectations are met or the student graduates from 
1064  high school or is not subject to compulsory school attendance. 
1065         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 
1066         (b) Beginning with the 2002-2003 school year, If the 
1067  student’s reading deficiency, as identified in paragraph (a), is 
1068  not remedied by the end of grade 3, as demonstrated by scoring 
1069  at Level 2 or higher on the statewide subject area assessment 
1070  test in reading for grade 3, the student may must be retained at 
1071  the discretion of the principal after consultation with the 
1072  student’s teacher and parent. 
1073         (c) The parent of any student who exhibits a substantial 
1074  deficiency in reading, as described in paragraph (a), must be 
1075  notified in writing of the following: 
1076         1. That his or her child has been identified as having a 
1077  substantial deficiency in reading. 
1078         2. A description of the current services that are provided 
1079  to the child. 
1080         3. A description of the proposed supplemental instructional 
1081  services and supports that will be provided to the child that 
1082  are designed to remediate the identified area of reading 
1083  deficiency. 
1084         4. That if the child’s reading deficiency is not remediated 
1085  by the end of grade 3, the child may must be retained unless he 
1086  or she is exempt from mandatory retention for good cause. 
1087         5. Strategies for parents to use in helping their child 
1088  succeed in reading proficiency. 
1089         6. That the statewide subject area assessment Florida 
1090  Comprehensive Assessment Test (FCAT) is not the sole determiner 
1091  of promotion and that additional evaluations, portfolio reviews, 
1092  and assessments are available to the child to assist parents and 
1093  the school district in knowing when a child is reading at or 
1094  above grade level and ready for grade promotion. 
1095         7. The district’s specific criteria and policies for 
1096  midyear promotion. Midyear promotion means promotion of a 
1097  retained student at any time during the year of retention once 
1098  the student has demonstrated ability to read at grade level. 
1099         (6) ELIMINATION OF SOCIAL PROMOTION.— 
1100         (b) The district school board may promote students only 
1101  exempt students from mandatory retention, as provided in 
1102  paragraph (5)(b), for good cause. Students promoted for good 
1103  cause may include, but are not limited to, exemptions shall be 
1104  limited to the following: 
1105         1. Limited English proficient students who have had less 
1106  than 2 years of instruction in an English for Speakers of Other 
1107  Languages program. 
1108         2. Students with disabilities whose individual education 
1109  plan indicates that participation in the statewide assessment 
1110  program is not appropriate, consistent with the requirements of 
1111  State Board of Education rule. 
1112         3. Students who demonstrate an acceptable level of 
1113  performance on an alternative standardized reading assessment 
1114  approved by the State Board of Education. 
1115         4. Students who demonstrate, through a student portfolio, 
1116  that the student is reading on grade level as evidenced by 
1117  demonstration of mastery of the Next Generation Sunshine State 
1118  Standards in reading equal to at least a Level 2 performance on 
1119  the FCAT. 
1120         5. Students with disabilities who participate in the FCAT 
1121  and who have an individual education plan or a Section 504 plan 
1122  that reflects that the student has received intensive 
1123  remediation or intervention services in reading for more than 2 
1124  years but still demonstrates a deficiency in reading and was 
1125  previously retained in kindergarten, grade 1, grade 2, or grade 
1126  3. 
1127         6. Students who have received intensive remediation or 
1128  intervention services in reading for 2 or more years but still 
1129  demonstrate a deficiency in reading and who were previously 
1130  retained in kindergarten, grade 1, grade 2, or grade 3 for a 
1131  total of 2 years. Intensive reading instruction or intervention 
1132  services for students so promoted must include an altered 
1133  instructional day that includes specialized diagnostic 
1134  information and specific reading strategies for each student. 
1135  The district school board shall assist schools and teachers to 
1136  implement reading strategies that research has shown to be 
1137  successful in improving reading among low-performing readers. 
1138         (c) Promotions for good cause Requests for good cause 
1139  exemptions for students from the mandatory retention requirement 
1140  as described in subparagraphs (b)3. and 4. shall be made 
1141  consistent with the following: 
1142         1. Documentation shall be submitted from the student’s 
1143  teacher to the school principal that indicates that the 
1144  promotion of the student is appropriate and is based upon the 
1145  student’s academic record. In order to minimize paperwork 
1146  requirements, such documentation shall consist only of the 
1147  existing progress monitoring plan, individual educational plan, 
1148  if applicable, report card, or student portfolio. 
1149         2. The school principal shall review and discuss such 
1150  recommendation with the teacher and make the determination as to 
1151  whether the student should be promoted or retained. If the 
1152  school principal determines that the student should be promoted, 
1153  the school principal shall make such recommendation in writing 
1154  to the district school superintendent. The district school 
1155  superintendent shall accept or reject the school principal’s 
1156  recommendation in writing. 
1157         (7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.— 
1158         (b) Beginning with the 2004-2005 school year, Each school 
1159  district shall: 
1160         1. Conduct a review of student progress monitoring plans 
1161  for all students who did not score above Level 1 on the reading 
1162  portion of the FCAT and did not meet the criteria for one of the 
1163  good cause exemptions in paragraph (6)(b). The review shall 
1164  address additional supports and services, as described in this 
1165  subsection, needed to remediate the identified areas of reading 
1166  deficiency. The school district shall require a student 
1167  portfolio to be completed for each such student. 
1168         2. Provide students who are retained under the provisions 
1169  of paragraph (5)(b) with intensive instructional services and 
1170  supports to remediate the identified areas of reading 
1171  deficiency, including a minimum of 90 minutes of daily, 
1172  uninterrupted, scientifically research-based reading instruction 
1173  and other strategies prescribed by the school district, which 
1174  may include, but are not limited to: 
1175         a. Small group instruction. 
1176         b. Reduced teacher-student ratios. 
1177         c. More frequent progress monitoring. 
1178         d. Tutoring or mentoring. 
1179         e. Transition classes containing 3rd and 4th grade 
1180  students. 
1181         f. Extended school day, week, or year. 
1182         g. Summer reading camps. 
1183         3. Provide written notification to the parent of any 
1184  student who is retained under the provisions of paragraph (5)(b) 
1185  that his or her child has not met the proficiency level required 
1186  for promotion and the reasons the child is not eligible for a 
1187  good cause promotion exemption as provided in paragraph (6)(b). 
1188  The notification must comply with the provisions of s. 
1189  1002.20(15) and must include a description of proposed 
1190  interventions and supports that will be provided to the child to 
1191  remediate the identified areas of reading deficiency. 
1192         4. Implement a policy for the midyear promotion of any 
1193  student retained under the provisions of paragraph (5)(b) who 
1194  can demonstrate that he or she is a successful and independent 
1195  reader, reading at or above grade level, and ready to be 
1196  promoted to grade 4. Tools that school districts may use in 
1197  reevaluating any student retained may include subsequent 
1198  assessments, alternative assessments, and portfolio reviews, in 
1199  accordance with rules of the State Board of Education. Students 
1200  promoted during the school year after November 1 must 
1201  demonstrate proficiency above that required to score at Level 2 
1202  on the grade 3 FCAT, as determined by the State Board of 
1203  Education. The State Board of Education shall adopt standards 
1204  that provide a reasonable expectation that the student’s 
1205  progress is sufficient to master appropriate 4th grade level 
1206  reading skills. 
1207         5. Provide students who are retained under the provisions 
1208  of paragraph (5)(b) with a high-performing teacher as determined 
1209  by student performance data and above-satisfactory performance 
1210  appraisals. 
1211         6. In addition to required reading enhancement and 
1212  acceleration strategies, provide parents of students to be 
1213  retained with at least one of the following instructional 
1214  options: 
1215         a. Supplemental tutoring in scientifically research-based 
1216  reading services in addition to the regular reading block, 
1217  including tutoring before or and/or after school. 
1218         b. A “Read at Home” plan outlined in a parental contract, 
1219  including participation in “Families Building Better Readers 
1220  Workshops” and regular parent-guided home reading. 
1221         c. A mentor or tutor with specialized reading training. 
1222         7. Establish a Reading Enhancement and Acceleration 
1223  Development (READ) Initiative. The focus of the READ Initiative 
1224  shall be to prevent the retention of grade 3 students and to 
1225  offer intensive accelerated reading instruction to grade 3 
1226  students who failed to meet standards for promotion to grade 4 
1227  and to each K-3 student who is assessed as exhibiting a reading 
1228  deficiency. The READ Initiative shall: 
1229         a. Be provided to all K-3 students at risk of retention as 
1230  identified by the statewide assessment system used in Reading 
1231  First schools. The assessment must measure phonemic awareness, 
1232  phonics, fluency, vocabulary, and comprehension. 
1233         b. Be provided during regular school hours in addition to 
1234  the regular reading instruction. 
1235         c. Provide a state-identified reading curriculum that has 
1236  been reviewed by the Florida Center for Reading Research at 
1237  Florida State University and meets, at a minimum, the following 
1238  specifications: 
1239         (I) Assists students assessed as exhibiting a reading 
1240  deficiency in developing the ability to read at grade level. 
1241         (II) Provides skill development in phonemic awareness, 
1242  phonics, fluency, vocabulary, and comprehension. 
1243         (III) Provides scientifically based and reliable 
1244  assessment. 
1245         (IV) Provides initial and ongoing analysis of each 
1246  student’s reading progress. 
1247         (V) Is implemented during regular school hours. 
1248         (VI) Provides a curriculum in core academic subjects to 
1249  assist the student in maintaining or meeting proficiency levels 
1250  for the appropriate grade in all academic subjects. 
1251         8. Establish at each school, where applicable, an Intensive 
1252  Acceleration Class for retained grade 3 students who 
1253  subsequently score at Level 1 on the reading portion of the 
1254  FCAT. The focus of the Intensive Acceleration Class shall be to 
1255  increase a child’s reading level at least two grade levels in 1 
1256  school year. The Intensive Acceleration Class shall: 
1257         a. Be provided to any student in grade 3 who does not meet 
1258  the proficiency level in reading required for promotion scores 
1259  at Level 1 on the reading portion of the FCAT and who was 
1260  retained in grade 3 the prior year because of inadequate 
1261  proficiency in reading scoring at Level 1 on the reading portion 
1262  of the FCAT. 
1263         b. Have a reduced teacher-student ratio. 
1264         c. Provide uninterrupted reading instruction for the 
1265  majority of student contact time each day and incorporate 
1266  opportunities to master the grade 4 Next Generation Sunshine 
1267  State Standards in other core subject areas. 
1268         d. Use a reading program that is scientifically research 
1269  based and has proven results in accelerating student reading 
1270  achievement within the same school year. 
1271         e. Provide intensive language and vocabulary instruction 
1272  using a scientifically research-based program, including use of 
1273  a speech-language therapist. 
1274         f. Include weekly progress monitoring measures to ensure 
1275  progress is being made. 
1276         g. Report to the Department of Education, in the manner 
1277  described by the department, the progress of students in the 
1278  class at the end of the first semester. 
1279         9. Report to the State Board of Education, as requested, on 
1280  the specific intensive reading interventions and supports 
1281  implemented at the school district level. The Commissioner of 
1282  Education shall annually prescribe the required components of 
1283  requested reports. 
1284         10. Provide a student who has been retained in grade 3 and 
1285  has received intensive instructional services but is still not 
1286  ready for grade promotion, as determined by the school district, 
1287  the option of being placed in a transitional instructional 
1288  setting. Such setting shall specifically be designed to produce 
1289  learning gains sufficient to meet grade 4 performance standards 
1290  while continuing to remediate the areas of reading deficiency. 
1291         (8) ANNUAL REPORT.— 
1292         (a) In addition to the requirements in paragraph (5)(b), 
1293  each district school board must annually report to the parent of 
1294  each student the progress of the student toward achieving state 
1295  and district expectations for proficiency in language arts 
1296  reading, writing, science, and mathematics. The district school 
1297  board must report to the parent the student’s results on each 
1298  statewide assessment test. The evaluation of each student’s 
1299  progress must be based upon the student’s classroom work, 
1300  observations, tests, district and state assessments, and other 
1301  relevant information. Progress reporting must be provided to the 
1302  parent in writing in a format adopted by the district school 
1303  board. 
1304         (b) Each district school board must annually publish in the 
1305  local newspaper, and report in writing to the State Board of 
1306  Education by September 1 of each year, the following information 
1307  on the prior school year: 
1308         1. The provisions of this section relating to public school 
1309  student progression and the district school board’s policies and 
1310  procedures on student retention and promotion. 
1311         2. By grade, the number and percentage of all students in 
1312  grades 3 through 12 10 performing below proficiency levels for 
1313  the grade on statewide subject area assessments and end-of 
1314  course examinations in language arts, mathematics, and science 
1315  at Levels 1 and 2 on the reading portion of the FCAT. 
1316         3. By grade, the number and percentage of all students 
1317  retained in grades 3 through 12 10. 
1318         4. Information on the total number of students who were 
1319  promoted for good cause, by each category of good cause as 
1320  specified in paragraph (6)(b). 
1321         5. Any revisions to the district school board’s policy on 
1322  student retention and promotion from the prior year. 
1323         Section 12. Subsection (3) of section 1008.30, Florida 
1324  Statutes, is amended to read: 
1325         1008.30 Common placement testing for public postsecondary 
1326  education.— 
1327         (3) The State Board of Education shall adopt rules that 
1328  require high schools to evaluate before the beginning of grade 
1329  12 the college readiness of each student who indicates an 
1330  interest in postsecondary education and scores at Level 2 or 
1331  Level 3 on the reading portion of the grade 10 FCAT or Level 2, 
1332  Level 3, or Level 4 on the mathematics portion of the grade 10 
1333  FCAT. High schools shall perform this evaluation using results 
1334  from the corresponding component of the common placement test 
1335  prescribed in this section, or an equivalent test identified by 
1336  the State Board of Education. The Department of Education shall 
1337  purchase or develop the assessments necessary to perform the 
1338  evaluations required by this subsection and shall work with the 
1339  school districts to administer the assessments. The State Board 
1340  of Education shall establish by rule the minimum test scores a 
1341  student must achieve to demonstrate readiness. Students who 
1342  demonstrate readiness by achieving the minimum test scores 
1343  established by the state board and enroll in a community college 
1344  within 2 years of achieving such scores shall not be required to 
1345  enroll in remediation courses as a condition of acceptance to 
1346  any community college. The high school shall use the results of 
1347  the test to advise the students of any identified deficiencies 
1348  and to the maximum extent practicable provide 12th grade 
1349  students access to appropriate remedial instruction prior to 
1350  high school graduation. The remedial instruction provided under 
1351  this subsection shall be a collaborative effort between 
1352  secondary and postsecondary educational institutions. To the 
1353  extent courses are available, the Florida Virtual School may be 
1354  used to provide the remedial instruction required by this 
1355  subsection. 
1356         Section 13. Paragraphs (b) and (c) of subsection (3) and 
1357  subsection (4) of section 1008.34, Florida Statutes, are amended 
1358  to read: 
1359         1008.34 School grading system; school report cards; 
1360  district grade.— 
1361         (3) DESIGNATION OF SCHOOL GRADES.— 
1362         (b)1. Beginning with the 2014-2015 school year for schools 
1363  comprised of any combination of grades 3 through 8, 25 percent 
1364  of the school grade shall be based on subject area assessment 
1365  scores or end-of-course examination scores in core and noncore 
1366  subjects administered under s. 1008.22, as applicable, and the 
1367  remaining 75 percent on the following factors: 
1368         a. Student achievement scores, including achievement scores 
1369  for students seeking a special diploma; 
1370         b. Student learning gains as measured by annual subject 
1371  area assessments in grades 3 through 5 or end-of-course 
1372  examinations in grades 6 through 8 and learning gains for 
1373  students seeking a special diploma as measured by alternate 
1374  assessment tools, if necessary; 
1375         c. Improvement of the lowest 25th percentile of students in 
1376  the school on subject area assessments in grades 3 through 5 or 
1377  end-of-course examinations in grades 6 through 8, unless these 
1378  students are exhibiting satisfactory performance; 
1379         d. The overall academic performance of the students in the 
1380  school based on grade point average, student portfolios, 
1381  readiness for grade promotion, and, if determined by the State 
1382  Board of Education, other measurable indicators of student 
1383  progress; 
1384         e. The growth or decline in the components listed in sub 
1385  subparagraphs a.-d. from year to year; and 
1386         f. The school’s use of technology and innovative practices. 
1387  A school’s grade shall be based on a combination of: 
1388         a. Student achievement scores, including achievement scores 
1389  for students seeking a special diploma. 
1390         b. Student learning gains as measured by annual FCAT 
1391  assessments in grades 3 through 10; learning gains for students 
1392  seeking a special diploma, as measured by an alternate 
1393  assessment tool, shall be included not later than the 2009-2010 
1394  school year. 
1395         c. Improvement of the lowest 25th percentile of students in 
1396  the school in reading, mathematics, or writing on the FCAT, 
1397  unless these students are exhibiting satisfactory performance. 
1398         2. Beginning with the 2014-2015 2009-2010 school year for 
1399  schools comprised of high school grades 9, 10, 11, and 12, or 
1400  grades 10, 11, and 12: 
1401         a. Fifty, 50 percent of the school grade shall be based on 
1402  a combination of the following factors: 
1403         (I) Student achievement scores, including achievement 
1404  scores for students seeking a special diploma; 
1405         (II) Student learning gains as measured by end-of-course 
1406  examinations and learning gains for students seeking a special 
1407  diploma as measured by alternate assessment tools, if necessary; 
1408  and 
1409         (III) Improvement of the lowest 25th percentile of students 
1410  in the school on end-of-course examinations, unless these 
1411  students are exhibiting satisfactory performance. listed in sub 
1412  subparagraphs 1.a.-c. and 
1413         b. The remaining 50 percent of the school grade shall be 
1414  based on the following factors: 
1415         (I)a. The high school graduation rate of the school; 
1416         (II)b. As valid data becomes available, the performance and 
1417  participation of the school’s students in College Board Advanced 
1418  Placement courses, International Baccalaureate courses, dual 
1419  enrollment courses, and Advanced International Certificate of 
1420  Education courses; and the students’ achievement of industry 
1421  certification, as determined by the Agency for Workforce 
1422  Innovation under s. 1003.492(2) in a career and professional 
1423  academy, as described in s. 1003.493; 
1424         (III)c. Postsecondary readiness of the school’s students as 
1425  measured by the SAT, ACT, or the common placement test; 
1426         (IV)d. The high school graduation rate of at-risk students 
1427  who did not meet proficiency levels scored at Level 2 or lower 
1428  on the grade 8 end-of-course FCAT Reading and Mathematics 
1429  examinations in language arts, mathematics, and science; 
1430         (V)e. As valid data becomes available, The performance of 
1431  the school’s students on statewide standardized end-of-course 
1432  examinations assessments administered under s. 1008.22; and 
1433         (VI)f. The growth or decline in the components listed in 
1434  sub-sub-subparagraphs (I)-(VI) sub-subparagraphs a.-e. from year 
1435  to year. 
1436         (c) Student assessment data used in determining school 
1437  grades shall include: 
1438         1. The aggregate scores of all eligible students enrolled 
1439  in the school who have been assessed on subject area assessments 
1440  or end-of-course examinations the FCAT. 
1441         2. The aggregate scores of all eligible students enrolled 
1442  in the school who have been assessed on subject area assessments 
1443  or end-of-course examinations the FCAT and who have scored at or 
1444  in the lowest 25th percentile of students in the school in 
1445  reading, mathematics, or writing, unless these students are 
1446  exhibiting satisfactory performance. 
1447         3. Effective with the 2005-2006 school year, The subject 
1448  area assessment achievement scores, end-of-course examination 
1449  scores, and learning gains of eligible students attending 
1450  alternative schools that provide dropout prevention and academic 
1451  intervention services pursuant to s. 1003.53. The term “eligible 
1452  students” in this subparagraph does not include students 
1453  attending an alternative school who are subject to district 
1454  school board policies for expulsion for repeated or serious 
1455  offenses, who are in dropout retrieval programs serving students 
1456  who have officially been designated as dropouts, or who are in 
1457  programs operated or contracted by the Department of Juvenile 
1458  Justice. The student performance data for eligible students 
1459  identified in this subparagraph shall be included in the 
1460  calculation of the home school’s grade. As used in this section 
1461  and s. 1008.341, the term “home school” means the school to 
1462  which the student would be assigned if the student were not 
1463  assigned to an alternative school. If an alternative school 
1464  chooses to be graded under this section, student performance 
1465  data for eligible students identified in this subparagraph shall 
1466  not be included in the home school’s grade but shall be included 
1467  only in the calculation of the alternative school’s grade. A 
1468  school district that fails to assign the FCAT scores of each of 
1469  its students to his or her home school or to the alternative 
1470  school that receives a grade shall forfeit Florida School 
1471  Recognition Program funds for 1 fiscal year. School districts 
1472  must require collaboration between the home school and the 
1473  alternative school in order to promote student success. This 
1474  collaboration must include an annual discussion between the 
1475  principal of the alternative school and the principal of each 
1476  student’s home school concerning the most appropriate school 
1477  assignment of the student. 
1478         4. Beginning with the 2014-2015 2009-2010 school year for 
1479  schools comprised of high school grades 9, 10, 11, and 12, or 
1480  grades 10, 11, and 12, the data listed in subparagraphs 1.-3. 
1481  and the following data as the Department of Education determines 
1482  such data are valid and available: 
1483         a. The high school graduation rate of the school as 
1484  calculated by the Department of Education; 
1485         b. The participation rate of all eligible students enrolled 
1486  in the school and enrolled in College Board Advanced Placement 
1487  courses; International Baccalaureate courses; dual enrollment 
1488  courses; Advanced International Certificate of Education 
1489  courses; and courses or sequence of courses leading to industry 
1490  certification, as determined by the Agency for Workforce 
1491  Innovation under s. 1003.492(2) in a career and professional 
1492  academy, as described in s. 1003.493; 
1493         c. The aggregate scores of all eligible students enrolled 
1494  in the school in College Board Advanced Placement courses, 
1495  International Baccalaureate courses, and Advanced International 
1496  Certificate of Education courses; 
1497         d. Earning of college credit by all eligible students 
1498  enrolled in the school in dual enrollment programs under s. 
1499  1007.271; 
1500         e. Earning of an industry certification, as determined by 
1501  the Agency for Workforce Innovation under s. 1003.492(2) in a 
1502  career and professional academy, as described in s. 1003.493; 
1503         f. The aggregate scores of all eligible students enrolled 
1504  in the school in reading, mathematics, and other subjects as 
1505  measured by the SAT, the ACT, and the common placement test for 
1506  postsecondary readiness; 
1507         g. The high school graduation rate of all eligible at-risk 
1508  students enrolled in the school who did not meet proficiency 
1509  levels scored at Level 2 or lower on the grade 8 end-of-course 
1510  examinations in language arts, mathematics, and science FCAT 
1511  Reading and Mathematics examinations; 
1512         h. The performance of the school’s students on statewide 
1513  standardized end-of-course examinations assessments administered 
1514  under s. 1008.22; and 
1515         i. The growth or decline in the data components listed in 
1516  sub-subparagraphs a.-h. from year to year. 
1517 
1518  The State Board of Education shall adopt appropriate criteria 
1519  for each school grade. The criteria must also give added weight 
1520  to student achievement in language arts reading. Schools 
1521  designated with a grade of “C,” making satisfactory progress, 
1522  shall be required to demonstrate that adequate progress has been 
1523  made by students in the school who are in the lowest 25th 
1524  percentile on subject area assessments or end-of-course 
1525  examinations in language arts reading, mathematics, or science 
1526  writing on the FCAT, unless these students are exhibiting 
1527  satisfactory performance. Beginning with the 2014-2015 2009-2010 
1528  school year for schools comprised of high school grades 9, 10, 
1529  11, and 12, or grades 10, 11, and 12, the criteria for school 
1530  grades must also give added weight to the graduation rate of all 
1531  eligible at-risk students, as defined in this paragraph. 
1532  Beginning in the 2014-2015 2009-2010 school year, in order for a 
1533  high school to be designated as having a grade of “A,” making 
1534  excellent progress, the school must demonstrate that at-risk 
1535  students, as defined in this paragraph, in the school are making 
1536  adequate progress. 
1537         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall 
1538  identify each school’s performance as having improved, remained 
1539  the same, or declined. This school improvement rating shall be 
1540  based on a comparison of the current year’s and previous year’s 
1541  student and school performance data. Schools that improve at 
1542  least one grade level are eligible for school recognition awards 
1543  pursuant to s. 1008.36. 
1544         Section 14. Subsections (2) and (3) of section 1008.341, 
1545  Florida Statutes, are amended to read: 
1546         1008.341 School improvement rating for alternative 
1547  schools.— 
1548         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that 
1549  provides dropout prevention and academic intervention services 
1550  pursuant to s. 1003.53 shall receive a school improvement rating 
1551  pursuant to this section. However, an alternative school shall 
1552  not receive a school improvement rating if the number of its 
1553  students for whom student performance data is available for the 
1554  current year and previous year is less than the minimum sample 
1555  size necessary, based on accepted professional practice, for 
1556  statistical reliability and prevention of the unlawful release 
1557  of personally identifiable student data under s. 1002.22 or 20 
1558  U.S.C. s. 1232g. The school improvement rating shall identify an 
1559  alternative school as having one of the following ratings 
1560  defined according to rules of the State Board of Education: 
1561         (a) “Improving” means the students attending the school are 
1562  making more academic progress than when the students were served 
1563  in their home schools. 
1564         (b) “Maintaining” means the students attending the school 
1565  are making progress equivalent to the progress made when the 
1566  students were served in their home schools. 
1567         (c) “Declining” means the students attending the school are 
1568  making less academic progress than when the students were served 
1569  in their home schools. 
1570 
1571  The school improvement rating shall be based on a comparison of 
1572  student performance data for the current year and previous year. 
1573  Schools that improve at least one level or maintain an 
1574  “improving” rating pursuant to this section are eligible for 
1575  school recognition awards pursuant to s. 1008.36. 
1576         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student data 
1577  used in determining an alternative school’s school improvement 
1578  rating shall include: 
1579         (a) The aggregate scores of all eligible students who were 
1580  assigned to and enrolled in the school during the October or 
1581  February FTE count, who have been assessed on subject area 
1582  assessments in grades 3 through 5 or end-of-course examinations 
1583  in grades 6 through 12 the FCAT, and who have FCAT or comparable 
1584  scores for the preceding school year. 
1585         (b) The aggregate scores of all eligible students who were 
1586  assigned to and enrolled in the school during the October or 
1587  February FTE count, who have been assessed on subject area 
1588  assessments in grades 3 through 5 or end-of-course examinations 
1589  in grades 6 through 12, the FCAT and who have scored in the 
1590  lowest 25th percentile of students in the state on FCAT Reading. 
1591         (c) The overall academic performance of all eligible 
1592  students in grades 3 through 12 based on grade point average, 
1593  student portfolios, readiness for grade promotion, readiness for 
1594  postsecondary education and careers, and, if determined by the 
1595  State Board of Education, other measurable indicators of student 
1596  progress. 
1597 
1598  The assessment scores of students who are subject to district 
1599  school board policies for expulsion for repeated or serious 
1600  offenses, who are in dropout retrieval programs serving students 
1601  who have officially been designated as dropouts, or who are in 
1602  programs operated or contracted by the Department of Juvenile 
1603  Justice may not be included in an alternative school’s school 
1604  improvement rating. 
1605         Section 15. Paragraph (b) of subsection (7) of section 
1606  1008.345, Florida Statutes, is amended to read: 
1607         1008.345 Implementation of state system of school 
1608  improvement and education accountability.— 
1609         (7) 
1610         (b) Schools that have improved at least two grades and that 
1611  meet the criteria of the Florida School Recognition Program 
1612  pursuant to s. 1008.36 may be given deregulated status as 
1613  specified in s. 1003.63(5), (7), (8), (9), and (10). 
1614         Section 16. Section 1008.36, Florida Statutes, is amended 
1615  to read: 
1616         1008.36 Every Child Matters Program Florida School 
1617  Recognition Program.— 
1618         (1) The Legislature finds that in order to provide every 
1619  student enrolled in K-12 public schools with the opportunity to 
1620  achieve a successful public education, academic problems must be 
1621  identified early, with remediation and intervention services to 
1622  follow there is a need for a performance incentive program for 
1623  outstanding faculty and staff in highly productive schools. The 
1624  Legislature further finds that performance-based incentives are 
1625  commonplace in the private sector and should be infused into the 
1626  public sector as a reward for productivity. 
1627         (2) The Every Child Matters Program Florida School 
1628  Recognition Program is created to provide financial awards to 
1629  public schools that: 
1630         (a) A curriculum-based, year-round measurement of academic 
1631  performance for all public school students enrolled in 
1632  kindergarten through grade 12. Sustain high performance by 
1633  receiving a school grade of “A,” making excellent progress; or 
1634         (b) Remediation and intervention services to all public 
1635  school students enrolled in kindergarten through grade 12 who 
1636  are not meeting grade-level performance expectations. 
1637  Demonstrate exemplary improvement due to innovation and effort 
1638  by improving at least one letter grade or by improving more than 
1639  one letter grade and sustaining the improvement the following 
1640  school year. 
1641         (3) All public schools, including charter schools, that 
1642  receive a school grade pursuant to s. 1008.34 are eligible to 
1643  participate in the program. 
1644         (4) All selected schools shall receive financial assistance 
1645  awards depending on the availability of funds appropriated and 
1646  the number and size of schools selected to receive an award. 
1647  Funds must be distributed to the school’s fiscal agent and 
1648  placed in the school’s account and must be used for purposes 
1649  listed in subsection (5) as determined jointly by the school’s 
1650  staff and school advisory council. If school staff and the 
1651  school advisory council cannot reach agreement by November 1, 
1652  the awards must be equally distributed to all classroom teachers 
1653  currently teaching in the school. 
1654         (5) Every Child Matters Program funds School recognition 
1655  awards must be used for the following: 
1656         (a) Administration of a regular formative assessment 
1657  approved by the State Board of Education Nonrecurring bonuses to 
1658  the faculty and staff; 
1659         (b) Nonrecurring expenditures for remediation of low 
1660  performing students, including remediation programs and 
1661  intervention services adopted and administered by the Department 
1662  of Education; 
1663         (c)(b) Nonrecurring expenditures for educational equipment 
1664  or materials to assist in the remediation of low-performing 
1665  students; maintaining and improving student performance; or 
1666         (d)(c) Temporary personnel for the school to assist in the 
1667  remediation of low-performing students; maintaining and 
1668  improving student performance. 
1669         (e) Contracts with private sector participants to provide 
1670  remediation services if 90 percent of the personnel providing 
1671  services reside in the state and the contracts include 
1672  requirements to ensure that the private sector participants are 
1673  accountable for performance; or 
1674         (f) Transportation of students pursuant to s. 1002.31(3). 
1675         (6) The Department of Education shall provide training and 
1676  informational resources for educators to administer the 
1677  formative assessment pursuant to paragraph (5)(a) and shall be 
1678  responsible for developing and implementing provisions for the 
1679  collection and analysis of the assessment data. 
1680         (7) The Department of Education shall establish policies 
1681  and procedures for the development of individual education plans 
1682  for low-performing students who receive remediation and 
1683  intervention services pursuant to this section. 
1684 
1685  Notwithstanding statutory provisions to the contrary, incentive 
1686  awards are not subject to collective bargaining. 
1687         Section 17. Paragraph (b) of subsection (1) of section 
1688  1009.531, Florida Statutes, is amended to read: 
1689         1009.531 Florida Bright Futures Scholarship Program; 
1690  student eligibility requirements for initial awards.— 
1691         (1) Effective January 1, 2008, in order to be eligible for 
1692  an initial award from any of the three types of scholarships 
1693  under the Florida Bright Futures Scholarship Program, a student 
1694  must: 
1695         (b) Earn a standard Florida high school diploma or its 
1696  equivalent as described in s. 1003.428, s. 1003.429, s. 1003.43, 
1697  or s. 1003.435 unless: 
1698         1. The student completes a home education program according 
1699  to s. 1002.41; or 
1700         2. The student earns a high school diploma from a non 
1701  Florida school while living with a parent or guardian who is on 
1702  military or public service assignment away from Florida. 
1703         Section 18. Paragraph (d) of subsection (7) and paragraph 
1704  (c) of subsection (9) of section 1011.62, Florida Statutes, are 
1705  amended to read: 
1706         1011.62 Funds for operation of schools.—If the annual 
1707  allocation from the Florida Education Finance Program to each 
1708  district for operation of schools is not determined in the 
1709  annual appropriations act or the substantive bill implementing 
1710  the annual appropriations act, it shall be determined as 
1711  follows: 
1712         (7) DETERMINATION OF SPARSITY SUPPLEMENT.— 
1713         (d) Each district’s allocation of sparsity supplement funds 
1714  shall be adjusted in the following manner: 
1715         1. A maximum discretionary levy per FTE value for each 
1716  district shall be calculated by dividing the value of each 
1717  district’s maximum discretionary levy by its FTE student count. 
1718         2. A state average discretionary levy value per FTE shall 
1719  be calculated by dividing the total maximum discretionary levy 
1720  value for all districts by the state total FTE student count. 
1721         3. A total potential funds per FTE for each district shall 
1722  be calculated by dividing the total potential funds, not 
1723  including Every Child Matters Program Florida School Recognition 
1724  Program funds and the minimum guarantee, for each district by 
1725  its FTE student count. 
1726         4. A state average total potential funds per FTE shall be 
1727  calculated by dividing the total potential funds, not including 
1728  Every Child Matters Program Florida School Recognition Program 
1729  funds and the minimum guarantee, for all districts by the state 
1730  total FTE student count. 
1731         5. For districts that have a levy value per FTE as 
1732  calculated in subparagraph 1. higher than the state average 
1733  calculated in subparagraph 2., a sparsity wealth adjustment 
1734  shall be calculated as the product of the difference between the 
1735  state average levy value per FTE calculated in subparagraph 2. 
1736  and the district’s levy value per FTE calculated in subparagraph 
1737  1. and the district’s FTE student count and -1. However, no 
1738  district shall have a sparsity wealth adjustment that, when 
1739  applied to the total potential funds calculated in subparagraph 
1740  3., would cause the district’s total potential funds per FTE to 
1741  be less than the state average calculated in subparagraph 4. 
1742         6. Each district’s sparsity supplement allocation shall be 
1743  calculated by adding the amount calculated as specified in 
1744  paragraphs (a) and (b) and the wealth adjustment amount 
1745  calculated in this paragraph. 
1746         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.— 
1747         (c) Funds allocated under this subsection must be used to 
1748  provide a system of comprehensive reading instruction to 
1749  students enrolled in the K-12 programs, which may include the 
1750  following: 
1751         1. The provision of highly qualified reading coaches. 
1752         2. Professional development for school district teachers in 
1753  scientifically based reading instruction, including strategies 
1754  to teach reading in content areas and with an emphasis on 
1755  technical and informational text. 
1756         3. The provision of summer reading camps for students who 
1757  are reading below grade level score at Level 1 on FCAT Reading. 
1758         4. The provision of supplemental instructional materials 
1759  that are grounded in scientifically based reading research. 
1760         5. The provision of intensive interventions for middle and 
1761  high school students reading below grade level. 
1762         Section 19. Paragraph (b) of subsection (1) of section 
1763  1012.22, Florida Statutes, is amended to read: 
1764         1012.22 Public school personnel; powers and duties of the 
1765  district school board.—The district school board shall: 
1766         (1) Designate positions to be filled, prescribe 
1767  qualifications for those positions, and provide for the 
1768  appointment, compensation, promotion, suspension, and dismissal 
1769  of employees as follows, subject to the requirements of this 
1770  chapter: 
1771         (b) Time to act on nominations.—The district school board 
1772  shall act not later than 3 weeks following the receipt of FCAT 
1773  scores and data, including school grades, or June 30, whichever 
1774  is later, on the district school superintendent’s nominations of 
1775  supervisors, principals, and members of the instructional staff. 
1776         Section 20. (1) Effective upon this act becoming a law, the 
1777  Commissioner of Education shall appoint a public school 
1778  assessment and accountability alignment committee to develop: 
1779         (a) Standards for a revised statewide student assessment 
1780  program under s. 1008.22, Florida Statutes, consisting of 
1781  subject area assessments for students in grades 3 through 5, 
1782  subject area assessments and end-of-course examinations in core 
1783  and noncore subject areas for students in grades 6 through 12, 
1784  and diagnostic assessments for students in grades 6, 8, and 10. 
1785         (b) Procedures for transitioning elementary schools from 
1786  the use of the Florida Comprehensive Assessment Test to the use 
1787  of subject area assessments and procedures for transitioning 
1788  middle schools and high schools from the use of the Florida 
1789  Comprehensive Assessment Test to the use of subject area 
1790  assessments and end-of-course examinations. 
1791         (c) Standards for revised formulas for determining school 
1792  grades and school improvement ratings under ss. 1008.34 and 
1793  1008.341, Florida Statutes. 
1794         (2) The committee shall align the components of the revised 
1795  statewide student assessment program to best prepare students to 
1796  progress from one grade to the next and to postsecondary 
1797  education or careers after high school. 
1798         (3) To ensure that the alignment committee represents a 
1799  cross-section of education stakeholders, it shall be composed of 
1800  individuals from: 
1801         (a) The education community, including, but not limited to, 
1802  teachers and administrators representing elementary, secondary, 
1803  and higher education. 
1804         (b) Education associations, including, but not limited to, 
1805  associations for teachers, school administrators, and district 
1806  school boards. 
1807         (c) State government and local government. 
1808         (d) The business community. 
1809         (e) Independent education researchers or experts. 
1810         (4) Members of the alignment committee shall serve without 
1811  compensation but may be reimbursed for per diem and travel 
1812  expenses in accordance with s. 112.061, Florida Statutes. 
1813         (5) The alignment committee may conduct public hearings 
1814  around the state to obtain public input for the development of a 
1815  revised statewide student assessment program and formulas for 
1816  determining school grades and school improvement ratings. 
1817         (6)(a) By August 1, 2010, the alignment committee shall 
1818  begin work on the following: 
1819         1. Developing new subject area assessments for students in 
1820  grades 3 through 5, subject area assessments and end-of-course 
1821  examinations for students in grades 6 through 12, and diagnostic 
1822  assessments for students in grades 6, 8, and 10. 
1823         2. Transitioning to a revised method for determining school 
1824  grades and school improvement ratings based on factors that 
1825  include subject area assessments, end-of-course examinations, 
1826  overall student academic performance, and a school’s use of 
1827  technology and innovative practices. 
1828         (b) By August 1, 2013: 
1829         1. The State Board of Education shall adopt rules pursuant 
1830  to ss. 120.536(1) and 120.54, Florida Statutes, to implement the 
1831  revised statewide student assessment program and school grading 
1832  system as part of the state’s public school assessment and 
1833  accountability system beginning with the 2014-2015 school year. 
1834         2. The Department of Education and school districts shall 
1835  begin training and professional development for teachers, school 
1836  administrators, and other educational personnel in use of the 
1837  new subject area assessments, end-of-course examinations, and 
1838  diagnostic assessments. 
1839         (7) The alignment committee shall expire upon completion of 
1840  its activities but no later than August 1, 2013. 
1841         Section 21. Except as otherwise expressly provided in this 
1842  act and except for this section, which shall take effect upon 
1843  becoming a law, this act shall take effect July 1, 2014.