Bill Text: FL S1696 | 2011 | Regular Session | Comm Sub
Bill Title: Education Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 677 [S1696 Detail]
Download: Florida-2011-S1696-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1696 By the Committees on Budget Subcommittee on Education Pre-K - 12 Appropriations; and Education Pre-K - 12; and Senator Wise 602-04498-11 20111696c2 1 A bill to be entitled 2 An act relating to education accountability; amending 3 s. 1001.20, F.S.; deleting a provision that requires 4 the Florida Virtual School to be administratively 5 housed within the Office of Technology and Information 6 Services within the Office of the Commissioner of 7 Education; amending s. 1001.42, F.S.; revising the 8 powers and duties of district school boards relating 9 to student access to Florida Virtual School courses; 10 creating s. 1001.421, F.S.; prohibiting district 11 school board members and their relatives from 12 soliciting or accepting certain gifts; amending s. 13 1002.37, F.S.; conforming provisions to changes made 14 by the act; amending s. 1002.38, F.S.; requiring that 15 a school’s grade be based on statewide assessments for 16 purposes of the Opportunity Scholarship Program; 17 amending s. 1002.39, F.S.; providing requirements for 18 determining the end of the term of a John M. McKay 19 Scholarship; amending s. 1002.45, F.S.; revising 20 provisions relating to virtual instruction program 21 provider qualifications; amending s. 1002.66, F.S.; 22 providing an additional instructional service for 23 children with disabilities in the Voluntary 24 Prekindergarten Education Program; amending s. 25 1002.67, F.S.; requiring that the State Board of 26 Education periodically review and revise the 27 performance standards for the statewide kindergarten 28 screening; amending s. 1002.69, F.S.; authorizing 29 nonpublic schools to administer the statewide 30 kindergarten screening to kindergarten students who 31 were enrolled in the Voluntary Prekindergarten 32 Education Program; revising provisions relating to the 33 minimum kindergarten readiness rate and criteria for 34 good cause exemptions from meeting the requirement; 35 requiring prekindergarten enrollment screening and 36 post-assessment under certain circumstances; amending 37 s. 1002.71, F.S.; providing that a child may reenroll 38 more than once in a prekindergarten program if granted 39 a good cause exemption; amending s. 1002.73, F.S.; 40 requiring the Department of Education to adopt 41 procedures relating to prekindergarten enrollment 42 screening, the standardized post-assessment, and 43 reporting of the results of readiness measures; 44 amending s. 1003.01, F.S.; providing an additional 45 special education service; amending s. 1003.4156, 46 F.S.; revising the general requirements for middle 47 grades promotion; providing that a student with a 48 disability may have end-of-course assessment results 49 waived under certain circumstances; providing that a 50 middle grades student may be exempt from reading 51 remediation requirements under certain circumstances; 52 creating s. 1003.4203, F.S.; authorizing each district 53 school board to develop and implement a digital 54 curriculum for students in grades 6 through 12; 55 requiring the Department of Education to develop a 56 model digital curriculum; authorizing partnerships 57 with private businesses and consultants; amending s. 58 1003.428, F.S.; revising provisions relating to the 59 general requirements for high school graduation; 60 providing that a high school student may be exempt 61 from reading remediation requirements under certain 62 circumstances; amending s. 1003.491, F.S.; revising 63 provisions relating to the development, contents, and 64 approval of the strategic plan to address workforce 65 needs; amending s. 1003.493, F.S.; revising 66 requirements for career and professional academies and 67 enrollment of students; creating s. 1003.4935, F.S.; 68 requiring each district school board to develop a plan 69 to implement a career and professional academy in at 70 least one middle school; providing requirements for 71 middle school career and professional academies and 72 academy courses; amending s. 1003.573, F.S.; revising 73 provisions relating to the use of restraint and 74 seclusion on students with disabilities; requiring 75 that certain information be included in incident 76 reports; removing an obsolete date; requiring that the 77 Department of Education maintain certain data of 78 incidents of manual or physical restraint and 79 seclusion and establish standards for documenting, 80 reporting, and monitoring the use of restraint and 81 seclusion; requiring that the department provide these 82 standards to school districts by a specified date; 83 revising provisions relating to school district 84 policies and procedures to include monitoring, 85 training, selecting personnel to be trained, and 86 planning for reducing the use of restraint and 87 seclusion; extending the date that such policies and 88 procedures must be revised and filed with the bureau 89 chief of the Bureau of Exceptional Education and 90 Student Services within the Department of Education; 91 amending s. 1003.575, F.S.; providing requirements for 92 completion of an assistive technology assessment; 93 amending s. 1008.22, F.S.; revising provisions 94 relating to the student assessment program for public 95 schools; requiring that the Commissioner of Education 96 direct school districts to participate in certain 97 international assessment programs; authorizing a 98 school principal to exempt certain students from the 99 end-of-course assessment in civics education; revising 100 provisions relating to administration and reporting of 101 results of assessments; amending s. 1008.30, F.S.; 102 revising provisions relating to evaluation of college 103 readiness and providing for postsecondary preparatory 104 instruction; requiring the State Board of Education to 105 adopt certain rules; amending s. 1008.33, F.S.; 106 revising provisions relating to public school 107 improvement; requiring the Department of Education to 108 categorize public schools based on a school’s grade 109 that relies on statewide assessments; amending s. 110 1008.331, F.S., relating to supplemental educational 111 services in Title I schools; providing that a school 112 board may include in its district contract with a 113 provider a requirement to use a uniform standardized 114 assessment if the Department of Education is notified 115 of such intent before services are provided to the 116 student; amending s. 1008.34, F.S.; revising the basis 117 for the designation of school grades; including 118 achievement scores and learning gains for students who 119 are hospital or homebound; amending s. 1011.01, F.S.; 120 revising provisions relating to the annual operating 121 budgets of district school boards and Florida College 122 System institution boards of trustees; amending s. 123 1011.03, F.S.; revising provisions relating to adopted 124 district school board budgets; creating s. 1011.035, 125 F.S.; requiring each school district to post budgetary 126 information on its website; amending s. 1011.62, F.S.; 127 revising provisions relating to the funding model for 128 exceptional student education programs; requiring the 129 Department of Education to revise the descriptions of 130 services and to implement the revisions; amending s. 131 1012.39, F.S.; revising provisions relating to the 132 qualifications for nondegreed teachers of career 133 education; providing effective dates. 134 135 Be It Enacted by the Legislature of the State of Florida: 136 137 Section 1. Paragraph (a) of subsection (4) of section 138 1001.20, Florida Statutes, is amended to read: 139 1001.20 Department under direction of state board.— 140 (4) The Department of Education shall establish the 141 following offices within the Office of the Commissioner of 142 Education which shall coordinate their activities with all other 143 divisions and offices: 144 (a) Office of Technology and Information Services. 145 Responsible for developing a systemwide technology plan, making 146 budget recommendations to the commissioner, providing data 147 collection and management for the system, assisting school 148 districts in securing Internet access and telecommunications 149 services, including those eligible for funding under the Schools 150 and Libraries Program of the federal Universal Service Fund, and 151 coordinating services with other state, local, and private 152 agencies. The office shall develop a method to address the need 153 for a statewide approach to planning and operations of library 154 and information services to achieve a single K-20 education 155 system library information portal and a unified higher education 156 library management system.The Florida Virtual School shall be157administratively housed within the office.158 Section 2. Subsection (23) of section 1001.42, Florida 159 Statutes, is amended to read: 160 1001.42 Powers and duties of district school board.—The 161 district school board, acting as a board, shall exercise all 162 powers and perform all duties listed below: 163 (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access 164 toenroll incourses available through the Florida Virtual 165 School and award credit for successful completion of such 166 courses. Access shall be available to students during andor167 after the normal school day and through summer school 168 enrollment. 169 Section 3. Section 1001.421, Florida Statutes, is created 170 to read: 171 1001.421 Gifts.—Notwithstanding any other provision of law 172 to the contrary, district school board members and their 173 relatives, as defined in s. 112.312(21), may not directly or 174 indirectly solicit any gift, or directly or indirectly accept 175 any gift in excess of $50, from any person, vendor, potential 176 vendor, or other entity doing business with the school district. 177 The term “gift” has the same meaning as in s. 112.312(12). 178 Section 4. Paragraph (a) of subsection (1) of section 179 1002.37, Florida Statutes, is amended to read: 180 1002.37 The Florida Virtual School.— 181 (1)(a) The Florida Virtual School is established for the 182 development and delivery of online and distance learning 183 educationand shall be administratively housed within the184Commissioner of Education’s Office of Technology and Information185Services. The Commissioner of Education shall monitor the 186 school’s performance and report its performance to the State 187 Board of Education and the Legislature. 188 189 The board of trustees of the Florida Virtual School shall 190 identify appropriate performance measures and standards based on 191 student achievement that reflect the school’s statutory mission 192 and priorities, and shall implement an accountability system for 193 the school that includes assessment of its effectiveness and 194 efficiency in providing quality services that encourage high 195 student achievement, seamless articulation, and maximum access. 196 Section 5. Subsection (2) and paragraph (a) of subsection 197 (3) of section 1002.38, Florida Statutes, are amended to read: 198 1002.38 Opportunity Scholarship Program.— 199 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—For purposes of 200 this section, a school’s grade shall be based upon statewide 201 assessments administered pursuant to s. 1008.22. A public school 202 student’s parent may request and receive from the state an 203 opportunity scholarship for the student to enroll in and attend 204 a private school in accordance with the provisions of this 205 section if: 206 (a)1. By assigned school attendance area or by special 207 assignment, the student has spent the prior school year in 208 attendance at a public school that has been designatedpursuant209to s.1008.34as performance grade category “F,” failing to make 210 adequate progress, and that has had 2 school years in a 4-year 211 period of such low performance, and the student’s attendance 212 occurred during a school year in which such designation was in 213 effect; 214 2. The student has been in attendance elsewhere in the 215 public school system and has been assigned to such school for 216 the next school year; or 217 3. The student is entering kindergarten or first grade and 218 has been notified that the student has been assigned to such 219 school for the next school year. 220 (b) The parent has obtained acceptance for admission of the 221 student to a private school eligible for the program pursuant to 222 subsection (4), and has notified the Department of Education and 223 the school district of the request for an opportunity 224 scholarship no later than July 1 of the first year in which the 225 student intends to use the scholarship. 226 227 The provisions of this section doshallnot apply to a student 228 who is enrolled in a school operating for the purpose of 229 providing educational services to youth in Department of 230 Juvenile Justice commitment programs. For purposes of continuity 231 of educational choice, the opportunity scholarship shall remain 232 in force until the student returns to a public school or, if the 233 student chooses to attend a private school the highest grade of 234 which is grade 8, until the student matriculates to high school 235 and the public high school to which the student is assigned is 236 an accredited school with a performance grade category 237 designation of “C” or better. However, at any time upon 238 reasonable notice to the Department of Education and the school 239 district, the student’s parent may remove the student from the 240 private school and place the student in a public school, as 241 provided in subparagraph (3)(a)2. 242 (3) SCHOOL DISTRICT OBLIGATIONS.— 243 (a) A school district shall, for each student enrolled in 244 or assigned to a school that has been designated as performance 245 grade category “F” for 2 school years in a 4-year period: 246 1. Timely notify the parent of the student as soon as such 247 designation is made of all options available pursuant to this 248 section. 249 2. Offer that student’s parent an opportunity to enroll the 250 student in the public school within the district that has been 251 designated by the statepursuant to s.1008.34as a school 252 performing higher than that in which the student is currently 253 enrolled or to which the student has been assigned, but not less 254 than performance grade category “C.” The parent is not required 255 to accept this offer in lieu of requesting a state opportunity 256 scholarship to a private school. The opportunity to continue 257 attending the higher performing public school shall remain in 258 force until the student graduates from high school. 259 Section 6. Paragraph (a) of subsection (4) of section 260 1002.39, Florida Statutes, is amended to read: 261 1002.39 The John M. McKay Scholarships for Students with 262 Disabilities Program.—There is established a program that is 263 separate and distinct from the Opportunity Scholarship Program 264 and is named the John M. McKay Scholarships for Students with 265 Disabilities Program. 266 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.— 267 (a) For purposes of continuity of educational choice, a 268 John M. McKay Scholarship shall remain in force until the 269 student returns to a public school, graduates from high school, 270 or reaches the age of 22, whichever occurs first. A scholarship 271 student who enrolls in a public school or public school program 272 is considered to have returned to a public school for the 273 purpose of determining the end of the scholarship’s term. 274 However, if a student enters a Department of Juvenile Justice 275 detention center for a period of no more than 21 days, the 276 student is not considered to have returned to a public school 277 for that purpose. 278 Section 7. Paragraph (b) of subsection (2) of section 279 1002.45, Florida Statutes, is amended to read: 280 1002.45 School district virtual instruction programs.— 281 (2) PROVIDER QUALIFICATIONS.— 282 (b) An approved provider shall retain its approved status 283 during the 3 school yearsfor a period of 3 yearsafter the date 284 of the department’s approval under paragraph (a) as long as the 285 provider continues to comply with all requirements of this 286 section. 287 Section 8. Paragraph (e) is added to subsection (2) of 288 section 1002.66, Florida Statutes, to read: 289 1002.66 Specialized instructional services for children 290 with disabilities.— 291 (2) The parent of a child who is eligible for the 292 prekindergarten program for children with disabilities may 293 select one or more specialized instructional services that are 294 consistent with the child’s individual educational plan. These 295 specialized instructional services may include, but are not 296 limited to: 297 (e) Listening and Spoken Language specialists for any child 298 who is deaf or hard of hearing and who has received an implant 299 or assistive hearing device. 300 Section 9. Subsection (1) and paragraph (c) of subsection 301 (3) of section 1002.67, Florida Statutes, are amended to read: 302 1002.67 Performance standards; curricula and 303 accountability.— 304 (1)(a) By April 1, 2005, the department shall develop and 305 adopt performance standards for students in the Voluntary 306 Prekindergarten Education Program. The performance standards 307 must address the age-appropriate progress of students in the 308 development of: 309 1.(a)The capabilities, capacities, and skills required 310 under s. 1(b), Art. IX of the State Constitution; and 311 2.(b)Emergent literacy skills, including oral 312 communication, knowledge of print and letters, phonemic and 313 phonological awareness, and vocabulary and comprehension 314 development. 315 (b) The State Board of Education shall periodically review 316 and revise the performance standards for the statewide 317 kindergarten screening administered under s. 1002.69 and align 318 the standards to the standards established by the state board 319 for student performance on the statewide assessments 320 administered pursuant to s. 1008.22. 321 (3) 322 (c)1. If the kindergarten readiness rate of a private 323 prekindergarten provider or public school falls below the 324 minimum rate adopted by the State Board of Education as 325 satisfactory under s. 1002.69(6), the early learning coalition 326 or school district, as applicable, shall require the provider or 327 school to submit an improvement plan for approval by the 328 coalition or school district, as applicable, and to implement 329 the plan. 330 2. If a private prekindergarten provider or public school 331 fails to meet the minimum rate adopted by the State Board of 332 Education as satisfactory under s. 1002.69(6)for 2 consecutive333years, the early learning coalition or school district, as 334 applicable, shall place the provider or school on probation and 335 must require the provider or school to take certain corrective 336 actions, including the use of a curriculum approved by the 337 department under paragraph (2)(c). 338 3. A private prekindergarten provider or public school that 339 is placed on probation must continue the corrective actions 340 required under subparagraph 2., including the use of a 341 curriculum approved by the department, until the provider or 342 school meets the minimum rate adopted by the State Board of 343 Education as satisfactory under s. 1002.69(6). 344 4. If a private prekindergarten provider or public school 345 remains on probation for 2 consecutive years and fails to meet 346 the minimum rate adopted by the State Board of Education as 347 satisfactory under s. 1002.69(6) and is not granted a good cause 348 exemption by the department pursuant to s. 1002.69(7), the 349 Agency for Workforce Innovation shall require the early learning 350 coalition or the Department of Education shall require the 351 school district to remove, as applicable, the provider or school 352 from eligibility to deliver the Voluntary Prekindergarten 353 Education Program and receive state funds for the program. 354 Section 10. Subsections (1), (5), and (6) and paragraphs 355 (b) and (c) of subsection (7) of section 1002.69, Florida 356 Statutes, are amended to read: 357 1002.69 Statewide kindergarten screening; kindergarten 358 readiness rates; state-approved prekindergarten enrollment 359 screening; good cause exemption.— 360 (1) The department shall adopt a statewide kindergarten 361 screening that assesses the readiness of each student for 362 kindergarten based upon the performance standards adopted by the 363 department under s. 1002.67(1) for the Voluntary Prekindergarten 364 Education Program. The department shall require that each school 365 district administer the statewide kindergarten screening to each 366 kindergarten student in the school district within the first 30 367 school days of each school year. Nonpublic schools may 368 administer the statewide kindergarten screening to each 369 kindergarten student in a nonpublic school who was enrolled in 370 the Voluntary Prekindergarten Education Program. 371 (5) The State Board of Education shall adopt procedures for 372 the department to annually calculate each private 373 prekindergarten provider’s and public school’s kindergarten 374 readiness rate, which must be expressed as the percentage of the 375 provider’s or school’s students who are assessed as ready for 376 kindergarten. The kindergarten readiness rates must be based 377 exclusively upon the results of the statewide kindergarten 378 screening for students completing the Voluntary Prekindergarten 379 Education Program, beginning with students completing the 380 program during the 2005-2006 school year who are administered 381 the statewide kindergarten screening during the 2006-2007 school 382 year. The methodology for calculating each provider’s 383 kindergarten readiness rate must include the percentage of 384 students who meet all state readiness measures. The rates must 385 not include students who are not administered the statewide 386 kindergarten screening. 387 (6)(a)The State Board of Education shall periodically 388 adopt a minimum kindergarten readiness rate that, if achieved by 389 a private prekindergarten provider or public school, would 390 demonstrate the provider’s or school’s satisfactory delivery of 391 the Voluntary Prekindergarten Education Program. 392(b) The minimum rate must not exceed the rate at which more393than 15 percent of the kindergarten readiness rates of all394private prekindergarten providers and public schools delivering395the Voluntary Prekindergarten Education Program in the state396would fall below the minimum rate.397 (7) 398 (b) A private prekindergarten provider’s or public school’s 399 request for a good cause exemption, or renewal of such an 400 exemption, must be submitted to the state board in the manner 401 and within the timeframes prescribed by the state board and must 402 include the following: 403 1. Submission of data by the private prekindergarten 404 provider or public school which documentson a standardized405assessmentthe achievement and progress of the children served 406 as measured by the state-approved prekindergarten enrollment 407 screening and the standardized post-assessment approved by the 408 department pursuant to subparagraph (c)1. 409 2. Submission and review of data available from the 410 respective early learning coalition or district school board, 411 the Department of Children and Family Services, local licensing 412 authority, or an accrediting association, as applicable, 413 relating to the private prekindergarten provider’s or public 414 school’s compliance with state and local health and safety 415 standards. 416 3. Submission and review of data available to the 417 department on the performance of the children served and the 418 calculation of the private prekindergarten provider’s or public 419 school’s kindergarten readiness rate. 420 (c) The State Board of Education shall adopt criteria for 421 granting good cause exemptions. Such criteria shall include, but 422 are not limited to: 423 1. Learning gains of children served in the Voluntary 424 Prekindergarten Education Program by the private prekindergarten 425 provider or public school. A provider seeking a good cause 426 exemption shall have the early learning coalition or a 427 department-approved second party administer the state-approved 428 prekindergarten enrollment screening to each child in the 429 prekindergarten provider’s program within the first 30 days of 430 each school year for which a good cause exemption is sought, and 431 the provider shall administer the standardized post-assessment 432 approved by the department to measure the student’s learning 433 gains for the year or summer, as appropriate. All data must be 434 submitted to the department within 30 days after the 435 administration of each assessment. Each parent who enrolls his 436 or her child in a Voluntary Prekindergarten Education Program 437 offered by a provider seeking a good cause exemption must submit 438 the child for the state-approved prekindergarten enrollment 439 screening. 4402. Verification that the private prekindergarten provider441or public school serves at least twice the statewide percentage442of children with disabilities as defined in s.1003.01(3)(a) or443children identified as limited English proficient as defined in444s.1003.56.445 2.3.Verification that local and state health and safety 446 requirements are met. 447 Section 11. Subsection (4) of section 1002.71, Florida 448 Statutes, is amended to read: 449 1002.71 Funding; financial and attendance reporting.— 450 (4) Notwithstanding s. 1002.53(3) and subsection (2): 451 (a) A child who, for any of the prekindergarten programs 452 listed in s. 1002.53(3), has not completed more than 70 percent 453 of the hours authorized to be reported for funding under 454 subsection (2), or has not expended more than 70 percent of the 455 funds authorized for the child under s. 1002.66, may withdraw 456 from the program for good cause and reenroll in one of the 457 programs. The total funding for a child who reenrolls in one of 458 the programs for good cause may not exceed one full-time 459 equivalent student. Funding for a child who withdraws and 460 reenrolls in one of the programs for good cause shall be issued 461 in accordance with the agency’s uniform attendance policy 462 adopted pursuant to paragraph (6)(d). 463 (b) A child who has not substantially completed any of the 464 prekindergarten programs listed in s. 1002.53(3) may withdraw 465 from the program due to an extreme hardship that is beyond the 466 child’s or parent’s control, reenroll in one of the summer 467 programs, and be reported for funding purposes as a full-time 468 equivalent student in the summer program for which the child is 469 reenrolled. 470 471 A child may reenroll only once in a prekindergarten program 472 under this section. A child who reenrolls in a prekindergarten 473 program under this subsection may not subsequently withdraw from 474 the program and reenroll, unless the child is granted a good 475 cause exemption under this subsection. The Agency for Workforce 476 Innovation shall establish criteria specifying whether a good 477 cause exists for a child to withdraw from a program under 478 paragraph (a), whether a child has substantially completed a 479 program under paragraph (b), and whether an extreme hardship 480 exists which is beyond the child’s or parent’s control under 481 paragraph (b). 482 Section 12. Subsection (2) of section 1002.73, Florida 483 Statutes, is amended to read: 484 1002.73 Department of Education; powers and duties; 485 accountability requirements.— 486 (2) The department shall adopt procedures for its: 487 (a) Approval of prekindergarten director credentials under 488 ss. 1002.55 and 1002.57. 489 (b) Approval of emergent literacy training courses under 490 ss. 1002.55 and 1002.59. 491 (c) Administration of the statewide kindergarten screening 492 and calculation of kindergarten readiness rates under s. 493 1002.69. 494 (d) Implementation of, and determination of costs 495 associated with, the state-approved prekindergarten enrollment 496 screening and the standardized post-assessment approved by the 497 department, and determination of the learning gains of students 498 who complete the state-approved prekindergarten enrollment 499 screening and the standardized post-assessment approved by the 500 department. 501 (e)(d)Approval of specialized instructional services 502 providers under s. 1002.66. 503 (f) Annual reporting of the percentage of kindergarten 504 students who meet all state readiness measures. 505 (g)(e)Granting of a private prekindergarten provider’s or 506 public school’s request for a good cause exemption under s. 507 1002.69(7). 508 Section 13. Paragraph (b) of subsection (3) of section 509 1003.01, Florida Statutes, is amended to read: 510 1003.01 Definitions.—As used in this chapter, the term: 511 (3) 512 (b) “Special education services” means specially designed 513 instruction and such related services as are necessary for an 514 exceptional student to benefit from education. Such services may 515 include: transportation; diagnostic and evaluation services; 516 social services; physical and occupational therapy; speech and 517 language pathology services; job placement; orientation and 518 mobility training; braillists, typists, and readers for the 519 blind; interpreters and auditory amplification; services 520 provided by a certified Listening and Spoken Language 521 specialist; rehabilitation counseling; transition services; 522 mental health services; guidance and career counseling; 523 specified materials, assistive technology devices, and other 524 specialized equipment; and other such services as approved by 525 rules of the state board. 526 Section 14. Subsection (1) of section 1003.4156, Florida 527 Statutes, is amended to read: 528 1003.4156 General requirements for middle grades 529 promotion.— 530 (1)Beginning with students entering grade 6 in the 20065312007 school year,Promotion from a school composed of middle 532 grades 6, 7, and 8 requires that: 533 (a) The student must successfully complete academic courses 534 as follows: 535 1. Three middle school or higher courses in English. These 536 courses shall emphasize literature, composition, and technical 537 text. 538 2. Three middle school or higher courses in mathematics. 539 Each middle school must offer at least one high school level 540 mathematics course for which students may earn high school 541 credit. Successful completion of a high school level Algebra I 542 or geometry course is not contingent upon the student’s 543 performance on the end-of-course assessment required under s. 544 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012 545 school year, to earn high school credit for an Algebra I course, 546 a middle school student must pass the Algebra I end-of-course 547 assessment, and beginning with the 2012-2013 school year, to 548 earn high school credit for a geometry course, a middle school 549 student must pass the geometry end-of-course assessment. 550 3. Three middle school or higher courses in social studies, 551 one semester of which must include the study of state and 552 federal government and civics education. Beginning with students 553 entering grade 6 in the 2012-2013 school year, one of these 554 courses must be at least a one-semester civics education course 555 that a student successfully completes in accordance with s. 556 1008.22(3)(c) and that includes the roles and responsibilities 557 of federal, state, and local governments; the structures and 558 functions of the legislative, executive, and judicial branches 559 of government; and the meaning and significance of historic 560 documents, such as the Articles of Confederation, the 561 Declaration of Independence, and the Constitution of the United 562 States. 563 4. Three middle school or higher courses in science. 564 Successful completion of a high school level Biology I course is 565 not contingent upon the student’s performance on the end-of 566 course assessment required under s. 1008.22(3)(c)2.a.(II). 567 However, beginning with the 2012-2013 school year, to earn high 568 school credit for a Biology I course, a middle school student 569 must pass the Biology I end-of-course assessment. 570 5. One course in career and education planning to be 571 completed in 7th or 8th grade. The course may be taught by any 572 member of the instructional staff; must include career 573 exploration using Florida CHOICES or a comparable cost-effective 574 program; must include educational planning using the online 575 student advising system known as Florida Academic Counseling and 576 Tracking for Students at the Internet website FACTS.org; and 577 shall result in the completion of a personalized academic and 578 career plan. The required personalized academic and career plan 579 must inform students of high school graduation requirements, 580 high school assessment and college entrance test requirements, 581 Florida Bright Futures Scholarship Program requirements, state 582 university and Florida college admission requirements, and 583 programs through which a high school student can earn college 584 credit, including Advanced Placement, International 585 Baccalaureate, Advanced International Certificate of Education, 586 dual enrollment, career academy opportunities, and courses that 587 lead to national industry certification. 588 589 A student with a disability, as defined in s. 1007.02(2), for 590 whom the individual education plan team determines that an end 591 of-course assessment cannot accurately measure the student’s 592 abilities, taking into consideration all allowable 593 accommodations, shall have the end-of-course assessment results 594 waived for purposes of determining the student’s course grade 595 and completing the requirements for middle grades promotion. 596 Each school must hold a parent meeting either in the evening or 597 on a weekend to inform parents about the course curriculum and 598 activities. Each student shall complete an electronic personal 599 education plan that must be signed by the student; the student’s 600 instructor, guidance counselor, or academic advisor; and the 601 student’s parent. The Department of Education shall develop 602 course frameworks and professional development materials for the 603 career exploration and education planning course. The course may 604 be implemented as a stand-alone course or integrated into 605 another course or courses. The Commissioner of Education shall 606 collect longitudinal high school course enrollment data by 607 student ethnicity in order to analyze course-taking patterns. 608 (b) For each year in which a student scores at Level l on 609 FCAT Reading, the student must be enrolled in and complete an 610 intensive reading course the following year. Placement of Level 611 2 readers in either an intensive reading course or a content 612 area course in which reading strategies are delivered shall be 613 determined by diagnosis of reading needs. The department shall 614 provide guidance on appropriate strategies for diagnosing and 615 meeting the varying instructional needs of students reading 616 below grade level. Reading courses shall be designed and offered 617 pursuant to the comprehensive reading plan required by s. 618 1011.62(9). A middle grades student who scores at Level 1 or 619 Level 2 on FCAT Reading but who did not score below Level 3 in 620 the previous 3 years may be granted a 1-year exemption from the 621 reading remediation requirement; however, the student must have 622 an approved academic improvement plan already in place, signed 623 by the appropriate school staff and the student’s parent, for 624 the year for which the exemption is granted. 625 (c) For each year in which a student scores at Level 1 or 626 Level 2 on FCAT Mathematics, the student must receive 627 remediation the following year, which may be integrated into the 628 student’s required mathematics course. 629 Section 15. Section 1003.4203, Florida Statutes, is created 630 to read: 631 1003.4203 Digital curriculum.— 632 (1) Each district school board, in consultation with the 633 district school superintendent, may develop and implement a 634 digital curriculum for students in grades 6 through 12 in order 635 to enable students to attain competencies in web communications 636 and web design. A digital curriculum may include web-based 637 skills, web-based core technologies, web design, use of digital 638 technologies and markup language to show competency in computer 639 skills, and use of web-based core technologies to design 640 creative, informational, and content standards for web-based 641 digital products that demonstrate proficiency in creating, 642 publishing, testing, monitoring, and maintaining a website. 643 (2) The digital curriculum instruction may be integrated 644 into middle school and high school subject area curricula or 645 offered as a separate course, subject to available funding. 646 (3) The Department of Education shall develop a model 647 digital curriculum to serve as a guide for district school 648 boards in the development of a digital curriculum. 649 (4) A district school board may seek partnerships with 650 private businesses and consultants to offer classes and 651 instruction to teachers and students to assist the school 652 district in providing digital curriculum instruction. 653 Section 16. Paragraph (b) of subsection (2) of section 654 1003.428, Florida Statutes, is amended to read: 655 1003.428 General requirements for high school graduation; 656 revised.— 657 (2) The 24 credits may be earned through applied, 658 integrated, and combined courses approved by the Department of 659 Education. The 24 credits shall be distributed as follows: 660 (b) Eight credits in electives. 661 1. For each year in which a student scores at Level 1 on 662 FCAT Reading, the student must be enrolled in and complete an 663 intensive reading course the following year. Placement of Level 664 2 readers in either an intensive reading course or a content 665 area course in which reading strategies are delivered shall be 666 determined by diagnosis of reading needs. The department shall 667 provide guidance on appropriate strategies for diagnosing and 668 meeting the varying instructional needs of students reading 669 below grade level. Reading courses shall be designed and offered 670 pursuant to the comprehensive reading plan required by s. 671 1011.62(9). A high school student who scores at Level 1 or Level 672 2 on FCAT Reading but who did not score below Level 3 in the 673 previous 3 years may be granted a 1-year exemption from the 674 reading remediation requirement; however, the student must have 675 an approved academic improvement plan already in place, signed 676 by the appropriate school staff and the student’s parent, for 677 the year for which the exemption is granted. 678 2. For each year in which a student scores at Level 1 or 679 Level 2 on FCAT Mathematics, the student must receive 680 remediation the following year. These courses may be taught 681 through applied, integrated, or combined courses and are subject 682 to approval by the department for inclusion in the Course Code 683 Directory. 684 Section 17. Subsections (2), (3), and (5) of section 685 1003.491, Florida Statutes, are amended to read: 686 1003.491 Florida Career and Professional Education Act.—The 687 Florida Career and Professional Education Act is created to 688 provide a statewide planning partnership between the business 689 and education communities in order to attract, expand, and 690 retain targeted, high-value industry and to sustain a strong, 691 knowledge-based economy. 692 (2)Beginning with the 2007-2008 school year,Each district 693 school board shall develop, in collaboration with regionallocal694 workforce boards, economic development agencies, and 695 postsecondary institutions approved to operate in the state, a 696 strategic 5-year plan to address and meet local and regional 697 workforce demands. If involvement of a regionalthe local698 workforce board or an economic development agency in the 699 strategic plan development is not feasible, the local school 700 board, with the approval of the Agency for Workforce Innovation, 701 shall collaborate with the most appropriate regionallocal702 business leadership board. Two or more school districts may 703 collaborate in the development of the strategic plan and offer a 704 career and professional academy as a joint venture. The 705 strategic planSuch plansmust describe in detail provisions for 706 the efficient transportation of students, the maximum use of 707 shared resources,andaccess to courses aligned to state 708 curriculum standards through virtual education providers 709 legislatively authorized to provide part-time instruction to 710 middle school students, and an objective review of career and 711 professional academy courses to determine if the courses will 712 lead to the attainment of industry certifications included on 713 the Industry Certified Funding List pursuant to rules adopted by 714 the State Board of Educationthe Florida Virtual School when715appropriate. Each strategic plan shall be reviewed, updated, and 716 jointly approved every 5 years by the local school district, 717 regional workforce boards, economic development agencies, and 718 state-approved postsecondary institutionscompleted no later719than June 30, 2008, and shall include provisions to have in720place at least one operational career and professional academy,721pursuant to s.1003.492, no later than the beginning of the7222008-2009 school year. 723 (3) The strategic 5-year plan developed jointly bybetween724 the local school district, regionallocalworkforce boards, 725 economic development agencies, and state-approved postsecondary 726 institutions shall be constructed and based on: 727 (a) Research conducted to objectively determine local and 728 regional workforce needs for the ensuing 5 years, using labor 729 projections of the United States Department of Labor and the 730 Agency for Workforce Innovation; 731 (b) Strategies to develop and implement career academies 732 based on those careers determined to be in high demand; 733 (c) Maximum use of private sector facilities and personnel; 734 (d) Strategies that ensure instruction by industry 735 certified faculty and standards and strategies to maintain 736 current industry credentials and for recruiting and retaining 737 faculty to meet those standards; 738 (e) Alignment oftorequirements for middle school career 739 exploration, middle and high school career and professional 740 academies leading to industry certification, and high school 741 graduation requirementsredesign; 742 (f) Provisions to ensure that courses offered through 743 career and professional academies are academically rigorous, 744 meet or exceed appropriate state-adopted subject area standards, 745 result in attainment of industry certification, and, when 746 appropriate, result in postsecondary credit; 747 (g) Strategies to improve the passage rate for industry 748 certification examinations if the rate falls below 50 percent; 749 (h)(g)Establishment of student eligibility criteria in 750 career and professional academies which include opportunities 751 for students who have been unsuccessful in traditional 752 classrooms but who show aptitude to participate in academies. 753 School boards shall address the analysis of eighth grade student 754 achievement data to provide opportunities for students who may 755 be deemed as potential dropouts to participate in career and 756 professional academies; 757 (i)(h)Strategies to provide sufficient space within 758 academies to meet workforce needs and to provide access to all 759 interested and qualified students; 760 (j)(i)Strategies to implementengage Department of761Juvenile Justice students incareer and professional academy 762 training that leads to industry certification at Department of 763 Juvenile Justice facilities; 764 (k)(j)Opportunities for high school students to earn 765 weighted or dual enrollment credit for higher-level career and 766 technical courses; 767 (l)(k)Promotion of the benefits of the Gold Seal Bright 768 Futures Scholarship; 769 (m)(l)Strategies to ensure the review of district pupil 770 progression plans and to amend such plans to include career and 771 professional courses and to include courses that may qualify as 772 substitute courses for core graduation requirements and those 773 that may be counted as elective courses; and 774 (n)(m)Strategies to provide professional development for 775 secondary guidance counselors on the benefits of career and 776 professional academies. 777 (5) The submission and review of newly proposed core 778 courses shall be conducted electronically, and each proposed 779 core course shall be approved or denied within 60 days. All 780 courses approved as core courses for purposes of middle school 781 promotion and high school graduationpurposesshall be 782 immediately added to the Course Code Directory. Approved core 783 courses shall also be reviewed and considered for approval for 784 dual enrollment credit. The Board of Governors and the 785 Commissioner of Education shall jointly recommend an annual 786 deadline for approval of new core courses to be included for 787 purposes of postsecondary admissions and dual enrollment credit 788 the following academic year. The State Board of Education shall 789 establish an appeals process in the event that a proposed course 790 is denied which shall require a consensus ruling by the Agency 791 for Workforce Innovation and the Commissioner of Education 792 within 15 days. The curriculum review committee must be 793 established and operational no later than September 1, 2007. 794 Section 18. Subsections (2), (4), (5), and (6) of section 795 1003.493, Florida Statutes, are amended to read: 796 1003.493 Career and professional academies.— 797 (2) The goals of a career and professional academy are to: 798 (a) Increase student academic achievement and graduation 799 rates through integrated academic and career curricula. 800 (b) Prepare graduating high school students to make 801 appropriate choices relative to employment and future 802 educational experiences. 803 (c) Focus on career preparation through rigorous academics 804 and industry certification. 805 (d) Raise student aspiration and commitment to academic 806 achievement and work ethics through relevant coursework. 807(e) Support graduation requirements pursuant to s.1003.428808by providing creative, applied major areas of interest.809 (e)(f)Promote acceleration mechanisms, such as dual 810 enrollment, articulated credit, or occupational completion 811 points, so that students may earn postsecondary credit while in 812 high school. 813 (f)(g)Support the state’s economy by meeting industry 814 needs for skilled employees in high-demand occupations. 815 (4) Each career and professional academy must: 816 (a) Provide a rigorous standards-based academic curriculum 817 integrated with a career curriculum. The curriculum must take 818 into consideration multiple styles of student learning; promote 819 learning by doing through application and adaptation; maximize 820 relevance of the subject matter; enhance each student’s capacity 821 to excel; and include an emphasis on work habits and work 822 ethics. 823 (b) Include one or more partnerships with postsecondary 824 institutions, businesses, industry, employers, economic 825 development organizations, or other appropriate partners from 826 the local community. Such partnerships shall be delineated in 827 articulation agreements to provide for career-based courses that 828 earn postsecondary credit. Such agreements may include 829 articulation between the academy and public or private 2-year 830 and 4-year postsecondary institutions and technical centers. The 831 Department of Education, in consultation with the Board of 832 Governors, shall establish a mechanism to ensure articulation 833 and transfer of credits to postsecondary institutions in this 834 state. Such partnerships must provide opportunities for: 835 1. Instruction from highly skilled professionals who 836 possess industry-certification credentials for courses they are 837 teaching. 838 2. Internships, externships, and on-the-job training. 839 3. A postsecondary degree, diploma, or certificate. 840 4. The highest available level of industry certification. 841 5. Maximum articulation of credits pursuant to s. 1007.23 842 upon program completion. 843 (c) Provide shared, maximum use of private sector 844 facilities and personnel. 845 (d) Provide personalized student advisement, including a 846 parent-participation component, and coordination with middle 847 schools to promote and support career exploration and education 848 planning as required under s. 1003.4156. Coordination with 849 middle schools must provide information to middle school 850 students about secondary and postsecondary career education 851 programs and academies. 852 (e) Promote and provide opportunities for career and 853 professional academy students to attain, at minimum, the Florida 854 Gold Seal Vocational Scholars award pursuant to s. 1009.536. 855 (f) Provide instruction in careers designated as high 856 growth, high demand, and high pay by the regionallocal857 workforce development board, the chamber of commerce, economic 858 development agencies, or the Agency for Workforce Innovation. 859 (g) Deliver academic content through instruction relevant 860 to the career, including intensive reading and mathematics 861 intervention required by s. 1003.428, with an emphasis on 862 strengthening reading for information skills. 863 (h) Offer applied courses that combine academic content 864 with technical skills. 865 (i) Provide instruction resulting in competency, 866 certification, or credentials in workplace skills, including, 867 but not limited to, communication skills, interpersonal skills, 868 decisionmaking skills, the importance of attendance and 869 timeliness in the work environment, and work ethics. 870 (j) Include a plan to sustain career and professional 871 academiesProvide opportunities for students to obtain the872Florida Ready to Work Certification pursuant to s.1004.99. 873(k) Include an evaluation plan developed jointly with the874Department of Education and the local workforce board. The875evaluation plan must include an assessment tool based on876national industry standards, such as the Career Academy National877Standards of Practice, and outcome measures, including, but not878limited to, achievement of national industry certifications879identified in the Industry Certification Funding List, pursuant880to rules adopted by the State Board of Education, graduation881rates, enrollment in postsecondary education, business and882industry satisfaction, employment and earnings, awards of883postsecondary credit and scholarships, and student achievement884levels and learning gains on statewide assessments administered885under s.1008.22(3)(c). The Department of Education shall use886Workforce Florida, Inc., and Enterprise Florida, Inc., in887identifying industry experts to participate in developing and888implementing such assessments.889 (k)(m)Redirect appropriated career funding to career and 890 professional academies. 891 (5) All career courses offered in a career and professional 892 academy must lead to industry certification or college credit 893 linked directly to the career theme of the course. If the 894 passage rate on an industry certification examination that is 895 associated with the career and professional academy falls below 896 50 percent, the academy must discontinue enrollment of new 897 students the following school year and each year thereafter 898 until such time as the passage rate is above 50 percent or the 899 academy is discontinued.At least 50 percent of students900enrolled in a career course must achieve industry certifications901or college credits during the second year the course is offered902in order for the course to be offered a third year. At least 66903percent of students enrolled in such a course must achieve904industry certifications or college credits during the third year905the course is offered in order for it to be offered a fourth906year and thereafter.907 (6) Workforce Florida, Inc., through the secondary career 908 academies initiatives,The Okaloosa County School District909CHOICE Institutesshall serve in an advisory role andshall910 offer technical assistance in the development and deployment of 911 newly established career and professional academiesfor a 3-year912period beginning July 1, 2007. 913 Section 19. Section 1003.4935, Florida Statutes, is created 914 to read: 915 1003.4935 Middle school career and professional academy 916 courses.— 917 (1) Beginning with the 2011-2012 school year, each district 918 school board, in collaboration with regional workforce boards, 919 economic development agencies, and state-approved postsecondary 920 institutions, shall include plans to implement a career and 921 professional academy in at least one middle school in the 922 district as part of the strategic 5-year plan pursuant to s. 923 1003.491(2). The middle school career and professional academy 924 component of the strategic plan must ensure the transition of 925 middle school career and professional academy students to a high 926 school career and professional academy currently operating 927 within the school district. Students who complete a middle 928 school career and professional academy must have the opportunity 929 to earn an industry certificate and high school credit and 930 participate in career planning, job shadowing, and business 931 leadership development activities. 932 (2) Each middle school career and professional academy must 933 be aligned with at least one high school career and professional 934 academy offered in the district and maintain partnerships with 935 local business and industry and economic development boards. 936 Middle school career and professional academies must: 937 (a) Provide instruction in courses leading to careers in 938 occupations designated as high growth, high demand, and high pay 939 in the Industry Certification Funding List approved under rules 940 adopted by the State Board of Education; 941 (b) Offer career and professional academy courses that 942 integrate content from core subject areas; 943 (c) Offer courses that integrate career and professional 944 academy content with intensive reading and mathematics pursuant 945 to s. 1003.428; 946 (d) Coordinate with high schools to maximize opportunities 947 for middle school career and professional academy students to 948 earn high school credit; 949 (e) Provide access to virtual instruction courses provided 950 by virtual education providers legislatively authorized to 951 provide part-time instruction to middle school students which 952 are aligned to state curriculum standards for middle school 953 career and professional academy students, with priority given to 954 students who have required course deficits; 955 (f) Provide instruction from highly skilled professionals 956 who hold industry certificates in the career area in which they 957 teach; 958 (g) Offer externships; and 959 (h) Provide personalized student advisement that includes a 960 parent-participation component. 961 (3) Beginning with the 2012-2013 school year, if a school 962 district implements a middle school career and professional 963 academy, the Department of Education shall collect and report 964 student achievement data pursuant to performance factors 965 identified under s. 1003.492(3) for academy students. 966 Section 20. Section 1003.573, Florida Statutes, is amended 967 to read: 968 1003.573 Use ofseclusion andrestraint and seclusion on 969 students with disabilities.— 970 (1) DOCUMENTATION AND REPORTING.— 971 (a) A school shall prepare an incident report within 24 972 hours after a student is released from restraint or seclusion. 973 If the student’s release occurs on a day before the school 974 closes for the weekend, a holiday, or another reason, the 975 incident report must be completed by the end of the school day 976 on the day the school reopens. 977 (b) The following must be included in the incident report: 978 1. The name of the student restrained or secluded. 979 2. The age and ethnicity and the eligibility of the student 980 restrained or secluded. 981 3.2.The date and time of the event and the duration of the 982 restraint or seclusion. 983 4.3.The location at which the restraint or seclusion 984 occurred. 985 5.4.A description of the type of restraint used in terms 986 established by the Department of Education. 987 6.5.The name of the person using or assisting in the 988 restraint or seclusion of the student. 989 7.6.The name of any nonstudent who was present to witness 990 the restraint or seclusion. 991 8.7.A description of the incident, including: 992 a. The context in which the restraint or seclusion 993 occurred. 994 b. The student’s behavior leading up to and precipitating 995 the decision to use manual or physical restraint or seclusion, 996 including an indication as to why there was an imminent risk of 997 serious injury or death to the student or others. 998 c. The specific positive behavioral strategies used to 999 prevent and deescalate the behavior. 1000 d. What occurred with the student immediately after the 1001 termination of the restraint or seclusion. 1002 e. Any injuries, visible marks, or possible medical 1003 emergencies that may have occurred during the restraint or 1004 seclusion, documented according to district policies. 1005 f. Evidence of steps taken to notify the student’s parent 1006 or guardian. 1007 (c) A school shall notify the parent or guardian of a 1008 student each time manual or physical restraint or seclusion is 1009 used. Such notification must be in writing and provided before 1010 the end of the school day on which the restraint or seclusion 1011 occurs. Reasonable efforts must also be taken to notify the 1012 parent or guardian by telephone or computer e-mail, or both, and 1013 these efforts must be documented. The school shall obtain, and 1014 keep in its records, the parent’s or guardian’s signed 1015 acknowledgment that he or she was notified of his or her child’s 1016 restraint or seclusion. 1017 (d) A school shall also provide the parent or guardian with 1018 the completed incident report in writing by mail within 3 school 1019 days after a student was manually or physically restrained or 1020 secluded. The school shall obtain, and keep in its records, the 1021 parent’s or guardian’s signed acknowledgment that he or she 1022 received a copy of the incident report. 1023 (2) MONITORING.— 1024 (a) Monitoring of the use of manual or physical restraint 1025 or seclusion on students shall occur at the classroom, building, 1026 district, and state levels. 1027 (b)Beginning July 1, 2010,Documentation prepared as 1028 required in subsection (1) shall be provided to the school 1029 principal, the district director of Exceptional Student 1030 Education, and the bureau chief of the Bureau of Exceptional 1031 Education and Student Services electronically each month that 1032 the school is in session. 1033 (c) The department shall maintain aggregate data of 1034 incidents of manual or physical restraint and seclusion and 1035 disaggregate the data for analysis by county, school, student 1036 exceptionality, and other variables, including the type and 1037 method of restraint or seclusion used. This information shall be 1038 updated monthly. 1039 (d) The department shall establish standards for 1040 documenting, reporting, and monitoring the use of manual or 1041 physical restraint or mechanical restraint, and occurrences of 1042 seclusion. These standards shall be provided to school districts 1043 by October 1, 2011. 1044 (3) SCHOOL DISTRICT POLICIES AND PROCEDURES.— 1045 (a) Each school district shall develop policies and 1046 procedures that are consistent with this section and that govern 1047 the following: 1048 1. Incident-reporting procedures. 1049 2. Data collection and monitoring, including when, where, 1050 and why students are restrained or secluded; the frequency of 1051 occurrences of such restraint or seclusion; and the prone or 1052 mechanical restraint that is most used. 1053 3. Monitoring and reporting of data collected. 1054 4. Training programs relating to manual or physical 1055 restraint and seclusion. 1056 5. The district’s plan for selecting personnel to be 1057 trained. 1058 6. The district’s plan for reducing the use of restraint 1059 and seclusion particularly in settings in which it occurs 1060 frequently or with students who are restrained repeatedly, and 1061 for reducing the use of prone restraint and mechanical 1062 restraint. The plan must include a goal for reducing the use of 1063 restraint and seclusion and must include activities, skills, and 1064 resources needed to achieve that goal. Activities may include, 1065 but are not limited to: 1066 a. Additional training in positive behavioral support and 1067 crisis management; 1068 b. Parental involvement; 1069 c. Data review; 1070 d. Updates of students’ functional behavioral analysis and 1071 positive behavior intervention plans; 1072 e. Additional student evaluations; 1073 f. Debriefing with staff; 1074 g. Use of schoolwide positive behavior support; and 1075 h. Changes to the school environment. 1076 (b) Any revisions to the district’ssuchpolicies and 1077 procedures, which must be prepared as part of itsthe school1078district’sspecial policies and procedures, must be filed with 1079 the bureau chief of the Bureau of Exceptional Education and 1080 Student Services no later than January 31, 20122011. 1081 (4) PROHIBITED RESTRAINT.—School personnel may not use a 1082 mechanical restraint or a manual or physical restraint that 1083 restricts a student’s breathing. 1084 (5) SECLUSION.—School personnel may not close, lock, or 1085 physically block a student in a room that is unlit and does not 1086 meet the rules of the State Fire Marshal for seclusion time-out 1087 rooms. 1088 Section 21. Section 1003.575, Florida Statutes, is amended 1089 to read: 1090 1003.575 Assistive technology devices; findings; 1091 interagency agreements.—Accessibility, utilization, and 1092 coordination of appropriate assistive technology devices and 1093 services are essential as a young person with disabilities moves 1094 from early intervention to preschool, from preschool to school, 1095 from one school to another, and from school to employment or 1096 independent living. If an individual education plan team makes a 1097 recommendation in accordance with State Board of Education rule 1098 for a student with a disability, as defined in s. 1003.01(3), to 1099 receive an assistive technology assessment, that assessment must 1100 be completed within 60 school days after the team’s 1101 recommendation. To ensure that an assistive technology device 1102 issued to a young person as part of his or her individualized 1103 family support plan, individual support plan, or an individual 1104 education plan remains with the individual through such 1105 transitions, the following agencies shall enter into interagency 1106 agreements, as appropriate, to ensure the transaction of 1107 assistive technology devices: 1108 (1) The Florida Infants and Toddlers Early Intervention 1109 Program in the Division of Children’s Medical Services of the 1110 Department of Health. 1111 (2) The Division of Blind Services, the Bureau of 1112 Exceptional Education and Student Services, and the Division of 1113 Vocational Rehabilitation of the Department of Education. 1114 (3) The Voluntary Prekindergarten Education Program 1115 administered by the Department of Education and the Agency for 1116 Workforce Innovation. 1117 1118 Interagency agreements entered into pursuant to this section 1119 shall provide a framework for ensuring that young persons with 1120 disabilities and their families, educators, and employers are 1121 informed about the utilization and coordination of assistive 1122 technology devices and services that may assist in meeting 1123 transition needs, and shall establish a mechanism by which a 1124 young person or his or her parent may request that an assistive 1125 technology device remain with the young person as he or she 1126 moves through the continuum from home to school to postschool. 1127 Section 22. Effective upon this act becoming a law, 1128 subsection (2) and paragraph (c) of subsection (3) of section 1129 1008.22, Florida Statutes, are amended to read: 1130 1008.22 Student assessment program for public schools.— 1131 (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is 1132 Florida’s intent to participate in the measurement of national 1133 educational goals. The Commissioner of Education shall direct 1134 Florida school districts to participate in the administration of 1135 the National Assessment of Educational Progress, orasimilar 1136 national or international assessment program, both for the 1137 national sample and for any state-by-state comparison programs 1138 which may be initiated. The assessments must be conducted using 1139 the data collection procedures, the student surveys, the 1140 educator surveys, and other instruments included in the National 1141 Assessment of Educational Progress or similar national or 1142 international assessment program being administered in Florida. 1143 The results of these assessments shall be included in the annual 1144 report of the Commissioner of Education specified in this 1145 section, as applicable. The administration of the National 1146 Assessment of Educational Progress or similar national or 1147 international assessment program shall be in addition to and 1148 separate from the administration of the statewide assessment 1149 program. 1150 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 1151 design and implement a statewide program of educational 1152 assessment that provides information for the improvement of the 1153 operation and management of the public schools, including 1154 schools operating for the purpose of providing educational 1155 services to youth in Department of Juvenile Justice programs. 1156 The commissioner may enter into contracts for the continued 1157 administration of the assessment, testing, and evaluation 1158 programs authorized and funded by the Legislature. Contracts may 1159 be initiated in 1 fiscal year and continue into the next and may 1160 be paid from the appropriations of either or both fiscal years. 1161 The commissioner is authorized to negotiate for the sale or 1162 lease of tests, scoring protocols, test scoring services, and 1163 related materials developed pursuant to law. Pursuant to the 1164 statewide assessment program, the commissioner shall: 1165 (c) Develop and implement a student achievement testing 1166 program as follows: 1167 1. The Florida Comprehensive Assessment Test (FCAT) 1168 measures a student’s content knowledge and skills in reading, 1169 writing, science, and mathematics. The content knowledge and 1170 skills assessed by the FCAT must be aligned to the core 1171 curricular content established in the Next Generation Sunshine 1172 State Standards. Other content areas may be included as directed 1173 by the commissioner. Comprehensive assessments of reading and 1174 mathematics shall be administered annually in grades 3 through 1175 10 except, beginning with the 2010-2011 school year, the 1176 administration of grade 9 FCAT Mathematics shall be 1177 discontinued, and beginning with the 2011-2012 school year, the 1178 administration of grade 10 FCAT Mathematics shall be 1179 discontinued, except as required for students who have not 1180 attained minimum performance expectations for graduation as 1181 provided in paragraph (9)(c). FCAT Writing and FCAT Science 1182 shall be administered at least once at the elementary, middle, 1183 and high school levels except, beginning with the 2011-2012 1184 school year, the administration of FCAT Science at the high 1185 school level shall be discontinued. 1186 2.a. End-of-course assessments for a subject shall be 1187 administered in addition to the comprehensive assessments 1188 required under subparagraph 1. End-of-course assessments must be 1189 rigorous, statewide, standardized, and developed or approved by 1190 the department. The content knowledge and skills assessed by 1191 end-of-course assessments must be aligned to the core curricular 1192 content established in the Next Generation Sunshine State 1193 Standards. 1194 (I) Statewide, standardized end-of-course assessments in 1195 mathematics shall be administered according to this sub-sub 1196 subparagraph. Beginning with the 2010-2011 school year, all 1197 students enrolled in Algebra I or an equivalent course must take 1198 the Algebra I end-of-course assessment.Students who earned high1199school credit in Algebra I while in grades 6 through 8 during1200the 2007-2008 through 2009-2010 school years and who have not1201taken Grade 10 FCAT Mathematics must take the Algebra I end-of1202course assessment during the 2010-2011 school year.For students 1203 entering grade 9 during the 2010-2011 school year and who are 1204 enrolled in Algebra I or an equivalent, each student’s 1205 performance on the end-of-course assessment in Algebra I shall 1206 constitute 30 percent of the student’s final course grade. 1207 Beginning with students entering grade 9 in the 2011-2012 school 1208 year, a student who is enrolled in Algebra I or an equivalent 1209 must earn a passing score on the end-of-course assessment in 1210 Algebra I or attain an equivalent score as described in 1211 subsection (11) in order to earn course credit. Beginning with 1212 the 2011-2012 school year, all students enrolled in geometry or 1213 an equivalent course must take the geometry end-of-course 1214 assessment. For students entering grade 9 during the 2011-2012 1215 school year, each student’s performance on the end-of-course 1216 assessment in geometry shall constitute 30 percent of the 1217 student’s final course grade. Beginning with students entering 1218 grade 9 during the 2012-2013 school year, a student must earn a 1219 passing score on the end-of-course assessment in geometry or 1220 attain an equivalent score as described in subsection (11) in 1221 order to earn course credit. 1222 (II) Statewide, standardized end-of-course assessments in 1223 science shall be administered according to this sub-sub 1224 subparagraph. Beginning with the 2011-2012 school year, all 1225 students enrolled in Biology I or an equivalent course must take 1226 the Biology I end-of-course assessment. For the 2011-2012 school 1227 year, each student’s performance on the end-of-course assessment 1228 in Biology I shall constitute 30 percent of the student’s final 1229 course grade. Beginning with students entering grade 9 during 1230 the 2012-2013 school year, a student must earn a passing score 1231 on the end-of-course assessment in Biology I in order to earn 1232 course credit. 1233 b. During the 2012-2013 school year, an end-of-course 1234 assessment in civics education shall be administered as a field 1235 test at the middle school level. During the 2013-2014 school 1236 year, each student’s performance on the statewide, standardized 1237 end-of-course assessment in civics education shall constitute 30 1238 percent of the student’s final course grade. Beginning with the 1239 2014-2015 school year, a student must earn a passing score on 1240 the end-of-course assessment in civics education in order to 1241 pass the course and be promoted from the middle gradesreceive1242course credit. The school principal of a middle school shall 1243 determine, in accordance with State Board of Education rule, 1244 whether a student who transfers to the middle school and who has 1245 successfully completed a civics education course at the 1246 student’s previous school must take an end-of-course assessment 1247 in civics education. 1248 c. The commissioner may select one or more nationally 1249 developed comprehensive examinations, which may include, but 1250 need not be limited to, examinations for a College Board 1251 Advanced Placement course, International Baccalaureate course, 1252 or Advanced International Certificate of Education course, or 1253 industry-approved examinations to earn national industry 1254 certifications identified in the Industry Certification Funding 1255 List, pursuant to rules adopted by the State Board of Education, 1256 for use as end-of-course assessments under this paragraph, if 1257 the commissioner determines that the content knowledge and 1258 skills assessed by the examinations meet or exceed the grade 1259 level expectations for the core curricular content established 1260 for the course in the Next Generation Sunshine State Standards. 1261 The commissioner may collaborate with the American Diploma 1262 Project in the adoption or development of rigorous end-of-course 1263 assessments that are aligned to the Next Generation Sunshine 1264 State Standards. 1265 d. Contingent upon funding provided in the General 1266 Appropriations Act, including the appropriation of funds 1267 received through federal grants, the Commissioner of Education 1268 shall establish an implementation schedule for the development 1269 and administration of additional statewide, standardized end-of 1270 course assessments in English/Language Arts II, Algebra II, 1271 chemistry, physics, earth/space science, United States history, 1272 and world history. Priority shall be given to the development of 1273 end-of-course assessments in English/Language Arts II. The 1274 Commissioner of Education shall evaluate the feasibility and 1275 effect of transitioning from the grade 9 and grade 10 FCAT 1276 Reading and high school level FCAT Writing to an end-of-course 1277 assessment in English/Language Arts II. The commissioner shall 1278 report the results of the evaluation to the President of the 1279 Senate and the Speaker of the House of Representatives no later 1280 than July 1, 2011. 1281 3. The testing program shall measure student content 1282 knowledge and skills adopted by the State Board of Education as 1283 specified in paragraph (a) and measure and report student 1284 performance levels of all students assessed in reading, writing, 1285 mathematics, and science. The commissioner shall provide for the 1286 tests to be developed or obtained, as appropriate, through 1287 contracts and project agreements with private vendors, public 1288 vendors, public agencies, postsecondary educational 1289 institutions, or school districts. The commissioner shall obtain 1290 input with respect to the design and implementation of the 1291 testing program from state educators, assistive technology 1292 experts, and the public. 1293 4. The testing program shall be composed of criterion 1294 referenced tests that shall, to the extent determined by the 1295 commissioner, include test items that require the student to 1296 produce information or perform tasks in such a way that the core 1297 content knowledge and skills he or she uses can be measured. 1298 5. FCAT Reading, Mathematics, and Science and all 1299 statewide, standardized end-of-course assessments shall measure 1300 the content knowledge and skills a student has attained on the 1301 assessment by the use of scaled scores and achievement levels. 1302 Achievement levels shall range from 1 through 5, with level 1 1303 being the lowest achievement level, level 5 being the highest 1304 achievement level, and level 3 indicating satisfactory 1305 performance on an assessment. For purposes of FCAT Writing, 1306 student achievement shall be scored using a scale of 1 through 6 1307 and the score earned shall be used in calculating school grades. 1308 A score shall be designated for each subject area tested, below 1309 which score a student’s performance is deemed inadequate. The 1310 school districts shall provide appropriate remedial instruction 1311 to students who score below these levels. 1312 6. The State Board of Education shall, by rule, designate a 1313 passing score for each part of the grade 10 assessment test and 1314 end-of-course assessments. Any rule that has the effect of 1315 raising the required passing scores may apply only to students 1316 taking the assessment for the first time after the rule is 1317 adopted by the State Board of Education. Except as otherwise 1318 provided in this subparagraph and as provided in s. 1319 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a 1320 passing score on grade 10 FCAT Reading and grade 10 FCAT 1321 Mathematics or attain concordant scores as described in 1322 subsection (10) in order to qualify for a standard high school 1323 diploma. 1324 7. In addition to designating a passing score under 1325 subparagraph 6., the State Board of Education shall also 1326 designate, by rule, a score for each statewide, standardized 1327 end-of-course assessment which indicates that a student is high 1328 achieving and has the potential to meet college-readiness 1329 standards by the time the student graduates from high school. 1330 8. Participation in the testing program is mandatory for 1331 all students attending public school, including students served 1332 in Department of Juvenile Justice programs, except as otherwise 1333 prescribed by the commissioner. A student who has not earned 1334 passing scores on the grade 10 FCAT as provided in subparagraph 1335 6. must participate in each retake of the assessment until the 1336 student earns passing scores or achieves scores on a 1337 standardized assessment which are concordant with passing scores 1338 pursuant to subsection (10). If a student does not participate 1339 in the statewide assessment, the district must notify the 1340 student’s parent and provide the parent with information 1341 regarding the implications of such nonparticipation. A parent 1342 must provide signed consent for a student to receive classroom 1343 instructional accommodations that would not be available or 1344 permitted on the statewide assessments and must acknowledge in 1345 writing that he or she understands the implications of such 1346 instructional accommodations. The State Board of Education shall 1347 adopt rules, based upon recommendations of the commissioner, for 1348 the provision of test accommodations for students in exceptional 1349 education programs and for students who have limited English 1350 proficiency. Accommodations that negate the validity of a 1351 statewide assessment are not allowable in the administration of 1352 the FCAT or an end-of-course assessment. However, instructional 1353 accommodations are allowable in the classroom if included in a 1354 student’s individual education plan. Students using 1355 instructional accommodations in the classroom that are not 1356 allowable as accommodations on the FCAT or an end-of-course 1357 assessment may have the FCAT or an end-of-course assessment 1358 requirement waived pursuant to the requirements of s. 1359 1003.428(8)(b) or s. 1003.43(11)(b). 1360 9. A student seeking an adult high school diploma must meet 1361 the same testing requirements that a regular high school student 1362 must meet. 1363 10. District school boards must provide instruction to 1364 prepare students in the core curricular content established in 1365 the Next Generation Sunshine State Standards adopted under s. 1366 1003.41, including the core content knowledge and skills 1367 necessary for successful grade-to-grade progression and high 1368 school graduation. If a student is provided with instructional 1369 accommodations in the classroom that are not allowable as 1370 accommodations in the statewide assessment program, as described 1371 in the test manuals, the district must inform the parent in 1372 writing and must provide the parent with information regarding 1373 the impact on the student’s ability to meet expected performance 1374 levels in reading, writing, mathematics, and science. The 1375 commissioner shall conduct studies as necessary to verify that 1376 the required core curricular content is part of the district 1377 instructional programs. 1378 11. District school boards must provide opportunities for 1379 students to demonstrate an acceptable performance level on an 1380 alternative standardized assessment approved by the State Board 1381 of Education following enrollment in summer academies. 1382 12. The Department of Education must develop, or select, 1383 and implement a common battery of assessment tools that will be 1384 used in all juvenile justice programs in the state. These tools 1385 must accurately measure the core curricular content established 1386 in the Next Generation Sunshine State Standards. 1387 13. For students seeking a special diploma pursuant to s. 1388 1003.438, the Department of Education must develop or select and 1389 implement an alternate assessment tool that accurately measures 1390 the core curricular content established in the Next Generation 1391 Sunshine State Standards for students with disabilities under s. 1392 1003.438. 1393 14. The Commissioner of Education shall establish schedules 1394 for the administration of statewide assessments and the 1395 reporting of student test results. When establishing the 1396 schedules for the administration of statewide assessments, the 1397 commissioner shall consider the observance of religious and 1398 school holidays. The commissioner shall, by August 1 of each 1399 year, notify each school district in writing and publish on the 1400 department’s Internet website the testing and reporting 1401 schedules for, at a minimum, the school year following the 1402 upcoming school year. The testing and reporting schedules shall 1403 require that: 1404 a. There is the latest possible administration of statewide 1405 assessments and the earliest possible reporting to the school 1406 districts of student test results which is feasible within 1407 available technology and specific appropriations; however, test 1408 results for the FCAT must be made available no later than the 1409 week of June 8. Student results for end-of-course assessments 1410 must be provided no later than 1 week after the school district 1411 completes testing for each course. The commissioner may extend 1412 the reporting schedule under exigent circumstances. 1413 b.Beginning with the 2010-2011 school year,FCAT Writing 1414 mayisnot be administered earlier than the week of March 1 and 1415 a comprehensive statewide assessment of any other subject mayis1416 not be administered earlier than the week of April 15. 1417 c. A statewide, standardized end-of-course assessment is 1418 administeredduring a 3-week periodat the end of the course. 1419 The commissioner shall select ana 3-weekadministration period 1420 for assessments that meets the intent of end-of-course 1421 assessments and provides student results prior to the end of the 1422 course. School districts shall administer tests in accordance 1423 with the schedule determined by the commissionerselect 11424testing week within the 3-week administration period for each1425end-of-course assessment. For an end-of-course assessment 1426 administered at the end of the first semester, the commissioner 1427 shall determine the most appropriate testing dates based on a 1428 review of each school district’s academic calendar. 1429 1430 The commissioner may, based on collaboration and input from 1431 school districts, design and implement student testing programs, 1432 for any grade level and subject area, necessary to effectively 1433 monitor educational achievement in the state, including the 1434 measurement of educational achievement of the Next Generation 1435 Sunshine State Standards for students with disabilities. 1436 Development and refinement of assessments shall include 1437 universal design principles and accessibility standards that 1438 will prevent any unintended obstacles for students with 1439 disabilities while ensuring the validity and reliability of the 1440 test. These principles should be applicable to all technology 1441 platforms and assistive devices available for the assessments. 1442 The field testing process and psychometric analyses for the 1443 statewide assessment program must include an appropriate 1444 percentage of students with disabilities and an evaluation or 1445 determination of the effect of test items on such students. 1446 Section 23. Subsection (3) of section 1008.30, Florida 1447 Statutes, is amended to read: 1448 1008.30 Common placement testing for public postsecondary 1449 education.— 1450 (3) The State Board of Education shall adopt rules that 1451 require high schools to evaluate before the beginning of grade 1452 12 the college readiness of each student whoindicates an1453interest in postsecondary education andscores at Level 2 or 1454 Level 3 on the reading portion of the grade 10 FCAT or Level 2, 1455 Level 3, or Level 4 on the mathematics assessments under s. 1456 1008.22(3)(c). High schools shall perform this evaluation using 1457 results from the corresponding component of the common placement 1458 test prescribed in this section, or an equivalent test 1459 identified by the State Board of Education. The State Board 1460Departmentof Education shall identify in rulepurchase or1461developthe assessments necessary to perform the evaluations 1462 required by this subsection and shall work with the school 1463 districts to administer the assessments. The State Board of 1464 Education shall establish by rule the minimum test scores a 1465 student must achieve to demonstrate readiness. Students who 1466 demonstrate readiness by achieving the minimum test scores 1467 established by the state board and enroll in a community college 1468 within 2 years of achieving such scores shall not be required to 1469 retest or enroll in remediation when admittedcourses as a1470condition of acceptanceto any community college. The high 1471 school shall use the results of the test to advise the students 1472 of any identified deficiencies and tothe maximum extent1473practicableprovide 12th grade students, and require them to 1474 complete,access toappropriate postsecondary preparatory 1475remedialinstruction prior to high school graduation. The 1476 curriculumremedial instructionprovided under this subsection 1477 shall be identified in rule by the State Board of Education and 1478 encompass Florida’s Postsecondary Readiness Competencies. Other 1479 elective courses may not be substituted for the selected 1480 postsecondary reading, mathematics, or writing preparatory 1481 course unless the elective course covers the same competencies 1482 included in the postsecondary reading, mathematics, or writing 1483 preparatory coursea collaborative effort between secondary and1484postsecondary educational institutions. To the extent courses1485are available, the Florida Virtual School may be used to provide1486the remedial instruction required by this subsection. 1487 Section 24. Paragraph (b) of subsection (3) and subsection 1488 (4) of section 1008.33, Florida Statutes, are amended to read: 1489 1008.33 Authority to enforce public school improvement.— 1490 (3) 1491 (b) For the purpose of determining whether a public school 1492 requires action to achieve a sufficient level of school 1493 improvement, beginning with the 2010-2011 school year, the 1494 Department of Education shall annually categorize a public 1495 school in one of six categories based on the following: 1496 1. A school’s grade based upon statewide assessments 1497 administered pursuant to s. 1008.22; and 1498 2.school’s grade, pursuant to s.1008.34, andThe level 1499 and rate of change in student performance in the areas of 1500 reading and mathematics, disaggregated into student subgroups as 1501 described in the federal Elementary and Secondary Education Act, 1502 20 U.S.C. s. 6311(b)(2)(C)(v)(II). 1503 (4) The Department of Education shall create a matrix that 1504 reflects intervention and support strategies to address the 1505 particular needs of schools in each category. 1506 (a) Intervention and support strategies shall be applied to 1507 schools based upon the school categorization pursuant to 1508 paragraph (3)(b). The Department of Education shall apply the 1509 most intense intervention strategies to the lowest-performing 1510 schools. For all but the lowest category and “F” schools in the 1511 second lowest category, the intervention and support strategies 1512 shall be administered solely by the districts and the schools. 1513 (b) The lowest-performing schools are schools that are 1514 categorized pursuant to paragraph (3)(b) and have received: 1515 1. A grade of “F” in the most recent school year and in 4 1516 of the last 6 years; or 1517 2. A grade of “D” or “F” in the most recent school year and 1518 meet at least three of the following criteria: 1519 a. The percentage of students who are not proficient in 1520 reading has increased when compared to measurements taken 5 1521 years previously; 1522 b. The percentage of students who are not proficient in 1523 mathematics has increased when compared to measurements taken 5 1524 years previously; 1525 c. At least 65 percent of the school’s students are not 1526 proficient in reading; or 1527 d. At least 65 percent of the school’s students are not 1528 proficient in mathematics. 1529 Section 25. Paragraph (h) is added to subsection (2) of 1530 section 1008.331, Florida Statutes, to read: 1531 1008.331 Supplemental educational services in Title I 1532 schools; school district, provider, and department 1533 responsibilities.— 1534 (2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.— 1535 (h) Notwithstanding a provider’s submission to the 1536 department regarding the premethods and postmethods to be used 1537 to determine student learning gains, beginning with the 2011 1538 2012 school year, a school board may include in its district 1539 contract with a provider a requirement to use a uniform 1540 standardized assessment, if the department is notified of such 1541 intent before services are provided to the student. 1542 Section 26. Paragraphs (b) and (c) of subsection (3) of 1543 section 1008.34, Florida Statutes, are amended to read: 1544 1008.34 School grading system; school report cards; 1545 district grade.— 1546 (3) DESIGNATION OF SCHOOL GRADES.— 1547 (b)1. A school’s grade shall be based on a combination of: 1548 a. Student achievement scores, including achievement on all 1549 FCAT assessments administered under s. 1008.22(3)(c)1., end-of 1550 course assessments administered under s. 1008.22(3)(c)2.a., and 1551 achievement scores for students seeking a special diploma. 1552 b. Student learning gains in reading and mathematics as 1553 measured by FCAT and end-of-course assessments, as described in 1554 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking 1555 a special diploma, as measured by an alternate assessment tool, 1556 shall be included not later than the 2009-2010 school year. 1557 c. Improvement of the lowest 25th percentile of students in 1558 the school in reading and mathematics on the FCAT or end-of 1559 course assessments described in s. 1008.22(3)(c)2.a., unless 1560 these students are exhibiting satisfactory performance. 1561 2. Beginning with the 2011-2012 school year, for schools 1562 comprised of middle school grades 6 through 8 or grades 7 and 8, 1563 the school’s grade shall include the performance and 1564 participation of its students enrolled in high school level 1565 courses with end-of-course assessments administered under s. 1566 1008.22(3)(c)2.a. Performance and participation must be weighted 1567 equally. As valid data becomes available, the school grades 1568 shall include the students’ attainment of national industry 1569 certification identified in the Industry Certification Funding 1570 List pursuant to rules adopted by the State Board of Education. 1571 3.2.Beginning with the 2009-2010 school year for schools 1572 comprised of high school grades 9, 10, 11, and 12, or grades 10, 1573 11, and 12, 50 percent of the school grade shall be based on a 1574 combination of the factors listed in sub-subparagraphs 1.a.-c. 1575 and the remaining 50 percent on the following factors: 1576 a. The high school graduation rate of the school; 1577 b. As valid data becomes available, the performance and 1578 participation of the school’s students in College Board Advanced 1579 Placement courses, International Baccalaureate courses, dual 1580 enrollment courses, and Advanced International Certificate of 1581 Education courses; and the students’ achievement of national 1582 industry certification identified in the Industry Certification 1583 Funding List, pursuant to rules adopted by the State Board of 1584 Education; 1585 c. Postsecondary readiness of the school’s students as 1586 measured by the SAT, ACT, or the common placement test; 1587 d. The high school graduation rate of at-risk students who 1588 scored at Level 2 or lower on the grade 8 FCAT Reading and 1589 Mathematics examinations; 1590 e. As valid data becomes available, the performance of the 1591 school’s students on statewide standardized end-of-course 1592 assessments administered under s. 1008.22(3)(c)2.b. and c.; and 1593 f. The growth or decline in the components listed in sub 1594 subparagraphs a.-e. from year to year. 1595 (c) Student assessment data used in determining school 1596 grades shall include: 1597 1. The aggregate scores of all eligible students enrolled 1598 in the school who have been assessed on the FCAT and statewide, 1599 standardized end-of-course assessments in courses required for 1600 high school graduation, including, beginning with the 2010-2011 1601 school year, the end-of-course assessment in Algebra I; and 1602 beginning with the 2011-2012 school year, the end-of-course 1603 assessments in geometry and Biology; and beginning with the 1604 2013-2014 school year, on the statewide, standardized end-of 1605 course assessment in civics education at the middle school 1606 level. 1607 2. The aggregate scores of all eligible students enrolled 1608 in the school who have been assessed on the FCAT and end-of 1609 course assessments as described in s. 1008.22(3)(c)2.a., and who 1610 have scored at or in the lowest 25th percentile of students in 1611 the school in reading and mathematics, unless these students are 1612 exhibiting satisfactory performance. 1613 3. The achievement scores and learning gains of eligible 1614 students attending alternative schools that provide dropout 1615 prevention and academic intervention services pursuant to s. 1616 1003.53. The term “eligible students” in this subparagraph does 1617 not include students attending an alternative school who are 1618 subject to district school board policies for expulsion for 1619 repeated or serious offenses, who are in dropout retrieval 1620 programs serving students who have officially been designated as 1621 dropouts, or who are in programs operated or contracted by the 1622 Department of Juvenile Justice. The student performance data for 1623 eligible students identified in this subparagraph shall be 1624 included in the calculation of the home school’s grade. As used 1625 in this subparagraphsectionand s. 1008.341, the term “home 1626 school” means the school to which the student would be assigned 1627 if the student were not assigned to an alternative school. If an 1628 alternative school chooses to be graded under this section, 1629 student performance data for eligible students identified in 1630 this subparagraph shall not be included in the home school’s 1631 grade but shall be included only in the calculation of the 1632 alternative school’s grade. A school district that fails to 1633 assign the FCAT and end-of-course assessment as described in s. 1634 1008.22(3)(c)2.a. scores of each of its students to his or her 1635 home school or to the alternative school that receives a grade 1636 shall forfeit Florida School Recognition Program funds for 1 1637 fiscal year. School districts must require collaboration between 1638 the home school and the alternative school in order to promote 1639 student success. This collaboration must include an annual 1640 discussion between the principal of the alternative school and 1641 the principal of each student’s home school concerning the most 1642 appropriate school assignment of the student. 1643 4. The achievement scores and learning gains of students 1644 designated as hospital or homebound. Student assessment data for 1645 students designated as hospital or homebound shall be assigned 1646 to their home school for the purposes of school grades. As used 1647 in this subparagraph, the term “home school” means the school to 1648 which a student would be assigned if the student were not 1649 assigned to a hospital or homebound program. 1650 5.4.For schools comprised of high school grades 9, 10, 11, 1651 and 12, or grades 10, 11, and 12, the data listed in 1652 subparagraphs 1.-3. and the following data as the Department of 1653 Education determines such data are valid and available: 1654 a. The high school graduation rate of the school as 1655 calculated by the Department of Education; 1656 b. The participation rate of all eligible students enrolled 1657 in the school and enrolled in College Board Advanced Placement 1658 courses; International Baccalaureate courses; dual enrollment 1659 courses; Advanced International Certificate of Education 1660 courses; and courses or sequence of courses leading to national 1661 industry certification identified in the Industry Certification 1662 Funding List, pursuant to rules adopted by the State Board of 1663 Education; 1664 c. The aggregate scores of all eligible students enrolled 1665 in the school in College Board Advanced Placement courses, 1666 International Baccalaureate courses, and Advanced International 1667 Certificate of Education courses; 1668 d. Earning of college credit by all eligible students 1669 enrolled in the school in dual enrollment programs under s. 1670 1007.271; 1671 e. Earning of a national industry certification identified 1672 in the Industry Certification Funding List, pursuant to rules 1673 adopted by the State Board of Education; 1674 f. The aggregate scores of all eligible students enrolled 1675 in the school in reading, mathematics, and other subjects as 1676 measured by the SAT, the ACT, and the common placement test for 1677 postsecondary readiness; 1678 g. The high school graduation rate of all eligible at-risk 1679 students enrolled in the school who scored at Level 2 or lower 1680 on the grade 8 FCAT Reading and Mathematics examinations; 1681 h. The performance of the school’s students on statewide 1682 standardized end-of-course assessments administered under s. 1683 1008.22(3)(c)2.b. and c.; and 1684 i. The growth or decline in the data components listed in 1685 sub-subparagraphs a.-h. from year to year. 1686 1687 The State Board of Education shall adopt appropriate criteria 1688 for each school grade. The criteria must also give added weight 1689 to student achievement in reading. Schools designated with a 1690 grade of “C,” making satisfactory progress, shall be required to 1691 demonstrate that adequate progress has been made by students in 1692 the school who are in the lowest 25th percentile in reading and 1693 mathematics on the FCAT and end-of-course assessments as 1694 described in s. 1008.22(3)(c)2.a., unless these students are 1695 exhibiting satisfactory performance. Beginning with the 2009 1696 2010 school year for schools comprised of high school grades 9, 1697 10, 11, and 12, or grades 10, 11, and 12, the criteria for 1698 school grades must also give added weight to the graduation rate 1699 of all eligible at-risk students, as defined in this paragraph. 1700 Beginning in the 2009-2010 school year, in order for a high 1701 school to be designated as having a grade of “A,” making 1702 excellent progress, the school must demonstrate that at-risk 1703 students, as defined in this paragraph, in the school are making 1704 adequate progress. 1705 Section 27. Paragraph (a) of subsection (3) of section 1706 1011.01, Florida Statutes, is amended to read: 1707 1011.01 Budget system established.— 1708 (3)(a) Each district school board and each community 1709 college board of trustees shall prepare, adopt, and submit to 1710 the Commissioner of Educationfor reviewan annual operating 1711 budget. Operating budgets shall be prepared and submitted in 1712 accordance with the provisions of law, rules of the State Board 1713 of Education, the General Appropriations Act, and for district 1714 school boards in accordance with the provisions of ss. 200.065 1715 and 1011.64. 1716 Section 28. Subsection (4) of section 1011.03, Florida 1717 Statutes, is amended to read: 1718 1011.03 Public hearings; budget to be submitted to 1719 Department of Education.— 1720 (4) The board shall hold public hearings to adopt tentative 1721 and final budgets pursuant to s. 200.065. The hearings shall be 1722 primarily for the purpose of hearing requests and complaints 1723 from the public regarding the budgets and the proposed tax 1724 levies and for explaining the budget and proposed or adopted 1725 amendments thereto, if any. The district school board shall then 1726 require the superintendent to transmit forthwith two copies of 1727 the adopted budget to the Department of Educationfor approval1728 as prescribed by law and rules of the State Board of Education. 1729 Section 29. Section 1011.035, Florida Statutes, is created 1730 to read: 1731 1011.035 School district budget transparency.- 1732 (1) It is important for school districts to provide 1733 budgetary transparency to enable taxpayers, parents, and 1734 education advocates to obtain school district budget and related 1735 information in a manner that is simply explained and easily 1736 understandable. Budgetary transparency leads to more responsible 1737 spending, more citizen involvement, and improved accountability. 1738 A budget that is not transparent, accessible, and accurate 1739 cannot be properly analyzed, its implementation thoroughly 1740 monitored, or its outcomes evaluated. 1741 (2) Each district school board shall post on its website a 1742 plain language version of each proposed, tentative, and official 1743 budget which describes each budget item in terms that are easily 1744 understandable to the public. This information must be 1745 prominently posted on the school district’s website in a manner 1746 that is readily accessible to the public. 1747 (3) Each district school board is encouraged to post the 1748 following information on its website: 1749 (a) Timely information as to when a budget hearing will be 1750 conducted. 1751 (b) Each contract between the district school board and the 1752 teachers’ union. 1753 (c) Each contract between the district school board and 1754 noninstructional staff. 1755 (d) Each contract exceeding $35,000 between the school 1756 board and a vendor of services, supplies, or programs or for the 1757 purchase or lease of lands, facilities, or properties. 1758 (e) Each contract exceeding $35,000 that is an emergency 1759 procurement or is with a single source as authorized under s. 1760 287.057(3). 1761 (f) Recommendations of the citizens’ budget advisory 1762 committee. 1763 (g) Current and archived video recordings of each district 1764 school board meeting and workshop. 1765 (4) The website should contain links to: 1766 (a) Help explain or provide background information on 1767 various budget items that are required by state or federal law. 1768 (b) Allow users to navigate to related sites to view 1769 supporting details. 1770 (c) Enable taxpayers, parents, and education advocates to 1771 send e-mails asking questions about the budget and enable others 1772 to view the questions and responses. 1773 Section 30. Paragraph (e) of subsection (1) of section 1774 1011.62, Florida Statutes, is amended to read: 1775 1011.62 Funds for operation of schools.—If the annual 1776 allocation from the Florida Education Finance Program to each 1777 district for operation of schools is not determined in the 1778 annual appropriations act or the substantive bill implementing 1779 the annual appropriations act, it shall be determined as 1780 follows: 1781 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1782 OPERATION.—The following procedure shall be followed in 1783 determining the annual allocation to each district for 1784 operation: 1785 (e) Funding model for exceptional student education 1786 programs.— 1787 1.a. The funding model uses basic, at-risk, support levels 1788 IV and V for exceptional students and career Florida Education 1789 Finance Program cost factors, and a guaranteed allocation for 1790 exceptional student education programs. Exceptional education 1791 cost factors are determined by using a matrix of services to 1792 document the services that each exceptional student will 1793 receive. The nature and intensity of the services indicated on 1794 the matrix shall be consistent with the services described in 1795 each exceptional student’s individual educational plan. The 1796 Department of Education shall review and revise the descriptions 1797 of the services and supports included in the matrix of services 1798 for exceptional students and shall implement those revisions 1799 before the beginning of the 2012-2013 school year. 1800 b. In order to generate funds using one of the two weighted 1801 cost factors, a matrix of services must be completed at the time 1802 of the student’s initial placement into an exceptional student 1803 education program and at least once every 3 years by personnel 1804 who have received approved training. Nothing listed in the 1805 matrix shall be construed as limiting the services a school 1806 district must provide in order to ensure that exceptional 1807 students are provided a free, appropriate public education. 1808 c. Students identified as exceptional, in accordance with 1809 chapter 6A-6, Florida Administrative Code, who do not have a 1810 matrix of services as specified in sub-subparagraph b. shall 1811 generate funds on the basis of full-time-equivalent student 1812 membership in the Florida Education Finance Program at the same 1813 funding level per student as provided for basic students. 1814 Additional funds for these exceptional students will be provided 1815 through the guaranteed allocation designated in subparagraph 2. 1816 2. For students identified as exceptional who do not have a 1817 matrix of services and students who are gifted in grades K 1818 through 8, there is created a guaranteed allocation to provide 1819 these students with a free appropriate public education, in 1820 accordance with s. 1001.42(4)(m) and rules of the State Board of 1821 Education, which shall be allocated annually to each school 1822 district in the amount provided in the General Appropriations 1823 Act. These funds shall be in addition to the funds appropriated 1824 on the basis of FTE student membership in the Florida Education 1825 Finance Program, and the amount allocated for each school 1826 district shall not be recalculated during the year. These funds 1827 shall be used to provide special education and related services 1828 for exceptional students and students who are gifted in grades K 1829 through 8. Beginning with the 2007-2008 fiscal year, a 1830 district’s expenditure of funds from the guaranteed allocation 1831 for students in grades 9 through 12 who are gifted may not be 1832 greater than the amount expended during the 2006-2007 fiscal 1833 year for gifted students in grades 9 through 12. 1834 Section 31. Paragraph (c) of subsection (1) of section 1835 1012.39, Florida Statutes, is amended to read: 1836 1012.39 Employment of substitute teachers, teachers of 1837 adult education, nondegreed teachers of career education, and 1838 career specialists; students performing clinical field 1839 experience.— 1840 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and 1841 1012.57, or any other provision of law or rule to the contrary, 1842 each district school board shall establish the minimal 1843 qualifications for: 1844 (c) Part-time and full-time nondegreed teachers of career 1845 programs. Qualifications shall be established for nondegreed 1846 teachers of career and technical education courses for program 1847 clusters that are recognized in the state and areagriculture,1848business, health occupations, family and consumer sciences,1849industrial, marketing, career specialist, and public service1850education teachers,based primarily on successful occupational 1851 experience rather than academic training. The qualifications for 1852 such teachers shall require: 1853 1. The filing of a complete set of fingerprints in the same 1854 manner as required by s. 1012.32. Faculty employed solely to 1855 conduct postsecondary instruction may be exempted from this 1856 requirement. 1857 2. Documentation of education and successful occupational 1858 experience including documentation of: 1859 a. A high school diploma or the equivalent. 1860 b. Completion of 6 years of full-time successful 1861 occupational experience or the equivalent of part-time 1862 experience in the teaching specialization area. The district 1863 school board may establish alternative qualifications for 1864 teachers with an industry certification in the career area in 1865 which they teach.Alternate means of determining successful1866occupational experience may be established by the district1867school board.1868 c. Completion of career education training conducted 1869 through the local school district inservice master plan. 1870 d. For full-time teachers, completion of professional 1871 education training in teaching methods, course construction, 1872 lesson planning and evaluation, and teaching special needs 1873 students. This training may be completed through coursework from 1874 an accredited or approved institution or an approved district 1875 teacher education program. 1876 e. Demonstration of successful teaching performance. 1877 f. Documentation of industry certification when state or 1878 national industry certifications are available and applicable. 1879 Section 32. Except as otherwise expressly provided in this 1880 act and except for this section, which shall take effect upon 1881 this act becoming a law, this act shall take effect July 1, 1882 2011.