Bill Text: FL S1226 | 2014 | Regular Session | Comm Sub
Bill Title: Education
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see HB 7031 (Ch. 2014-39), CS/SB 1642 (Ch. 2014-23) [S1226 Detail]
Download: Florida-2014-S1226-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1226 By the Committees on Rules; and Education; and Senator Montford 595-04171-14 20141226c2 1 A bill to be entitled 2 An act relating to education; amending s. 11.45, F.S.; 3 requiring the Auditor General to notify the 4 Legislative Auditing Committee if a district school 5 board fails to take corrective action subsequent to an 6 audit; amending s. 120.74, F.S.; exempting educational 7 units from rule review and reporting requirements; 8 amending s. 120.81, F.S.; conforming cross-references; 9 amending s. 409.1451, F.S.; conforming cross 10 references; amending s. 496.404, F.S.; conforming 11 cross-references; amending s. 775.215, F.S.; 12 conforming cross-references; amending s. 984.151, 13 F.S.; authorizing a district school superintendent’s 14 designee to submit a truancy petition; repealing s. 15 1000.01(5), F.S., relating to obsolete education 16 governance transfers; amending s. 1000.21, F.S.; 17 revising the definition of the term “Next Generation 18 Sunshine State Standards”; repealing ss. 1000.33 and 19 1000.37, F.S., relating to the distribution of copies 20 of educational compacts to other states; amending s. 21 1001.10, F.S.; deleting and revising certain duties of 22 the Commissioner of Education relating to educational 23 plans and programs; repealing s. 1001.25, F.S, 24 relating to educational television; amending s. 25 1001.26, F.S.; revising Department of Education duties 26 relating to the public broadcasting program system; 27 prohibiting the use of educational television stations 28 for the advancement of political candidates; providing 29 penalties; amending s. 1001.34, F.S.; establishing a 30 process for modifying the membership of a district 31 school board; providing for a referendum; repealing 32 ss. 1001.47(7) and 1001.50(6), F.S., relating to 33 obsolete district school superintendent salary 34 provisions; repealing s. 1001.62, F.S., relating to 35 obsolete provisions for the transfer of benefits 36 arising under local or special acts; repealing s. 37 1001.73(3), F.S., relating to the abolished Board of 38 Regents as trustee; amending s. 1002.20, F.S.; 39 correcting cross-references and conforming provisions; 40 amending s. 1002.31, F.S.; revising provisions 41 relating to school district controlled open enrollment 42 plans; amending s. 1002.3105, F.S.; conforming 43 provisions; amending s. 1002.321, F.S.; conforming 44 provisions; amending s. 1002.33, F.S.; deleting 45 required training before charter school application; 46 conforming cross-references and provisions; amending 47 s. 1002.34, F.S.; conforming cross-references; 48 revising provisions relating to department assistance 49 to charter technical career centers; amending s. 50 1002.345, F.S.; revising provisions relating to 51 expedited review of deteriorating financial conditions 52 for a charter school or charter technical career 53 center; deleting an annual reporting requirement; 54 amending s. 1002.39, F.S.; deleting obsolete 55 provisions relating to eligibility for a John M. McKay 56 Scholarship; amending s. 1002.41, F.S.; correcting 57 cross-references; repealing s. 1002.415, F.S., 58 relating to the K-8 Virtual School Program; amending 59 s. 1002.45, F.S.; conforming cross-references; 60 amending s. 1002.455, F.S.; conforming provisions; 61 repealing s. 1002.65, F.S., relating to aspirational 62 goals for credentials of prekindergarten instructors; 63 amending s. 1003.01, F.S.; conforming cross 64 references; amending s. 1003.02, F.S.; requiring 65 instructional materials to be consistent with course 66 descriptions; amending s. 1003.03, F.S.; conforming 67 cross-references; amending s. 1003.41, F.S.; deleting 68 an obsolete cost analysis requirement relating to a 69 separate financial literacy course; amending s. 70 1003.4156, F.S.; revising course and assessment 71 requirements for middle grades students for promotion 72 to high school; providing an exemption for transfer 73 students from certain course grade and assessment 74 requirements; repealing s. 1003.428, F.S., relating to 75 obsolete requirements for high school graduation; 76 amending s. 1003.4281, F.S.; conforming cross 77 references; amending s. 1003.4282, F.S.; revising 78 course and assessment requirements for the award of a 79 standard high school diploma; providing requirements 80 for a student in an adult general education program to 81 be awarded a standard high school diploma; revising 82 requirements for award of a certificate of completion; 83 providing an exemption for transfer students from 84 certain course grade and assessment requirements; 85 providing specificity regarding course and assessment 86 requirements for graduation for certain cohorts of 87 high school students transitioning to new graduation 88 requirements; providing for future repeal of 89 transition requirements; amending s. 1003.4285, F.S.; 90 revising requirements for standard high school diploma 91 designations; amending s. 1003.438, F.S.; conforming 92 cross-references; repealing s. 1003.451(5), F.S., 93 relating to State Board of Education rulemaking; 94 amending s. 1003.49, F.S.; conforming cross 95 references; amending s. 1003.493, F.S.; conforming a 96 cross-reference; amending s. 1003.4935, F.S.; 97 conforming a cross-reference; amending s. 1003.57, 98 F.S., relating to exceptional student instruction; 99 amending s. 1003.621, F.S.; revising audit criteria 100 for academically high-performing school districts; 101 repealing s. 1004.02(4), F.S., relating to the 102 definition of the term “adult high school credit 103 program”; amending s. 1004.0961, F.S.; providing for 104 Board of Governors regulations; repealing s. 105 1004.3825, F.S., relating to authorization for a 106 medical degree program; repealing s. 1004.387, F.S., 107 relating to authorization for a pharmacy degree 108 program; repealing s. 1004.445(2), F.S., relating to 109 the board of directors of the Johnnie B. Byrd, Sr. 110 Alzheimer’s Center and Research Institute; repealing 111 s. 1004.75, F.S., relating to training school 112 consolidation pilot projects; amending s. 1004.935, 113 F.S.; revising the effective date of the Adults with 114 Disabilities Workforce Education Pilot Program; 115 increasing the age limitation for a program 116 participant; conforming cross-references; repealing s. 117 1006.141, F.S., relating to a statewide school safety 118 hotline; amending s. 1006.147, F.S.; deleting obsolete 119 provisions relating to school district bullying and 120 harassment policies; repealing s. 1006.148(2), F.S., 121 relating to a department-developed model dating 122 violence and abuse policy; amending s. 1006.15, F.S.; 123 conforming cross-references; amending s. 1006.28, 124 F.S.; conforming provisions relating to instructional 125 materials; amending s. 1006.31, F.S.; conforming 126 provisions relating to duties of an instructional 127 materials reviewer; amending s. 1006.34, F.S.; 128 revising provisions relating to standards used in the 129 selection of instructional materials; amending s. 130 1006.40, F.S.; revising provisions relating to 131 district school board purchase of instructional 132 materials; amending s. 1006.42, F.S.; conforming 133 provisions relating to the responsibility of parents 134 for instructional materials; amending s. 1007.02, 135 F.S.; deleting a popular name and providing 136 applicability for the term “student with a 137 disability”; amending s. 1007.2615, F.S.; deleting 138 obsolete provisions relating to an American Sign 139 Language task force; amending s. 1007.263, F.S.; 140 conforming cross-references; amending ss. 1007.264 and 141 1007.265, F.S.; conforming provisions; amending s. 142 1007.271, F.S.; correcting cross-references; amending 143 s. 1008.22, F.S.; conforming and revising provisions 144 relating to the implementation of statewide, 145 standardized comprehensive assessments, end-of-course 146 assessments, and waivers for students with 147 disabilities; requiring the commissioner to publish an 148 implementation schedule for transition to new 149 assessments; conforming provisions relating to 150 concordant scores and comparative scores for 151 assessments; amending s. 1008.25, F.S.; conforming 152 assessment provisions for student progression; 153 amending s. 1008.33, F.S.; deleting obsolete 154 provisions relating to implementation of certain 155 school turnaround options; repealing s. 1008.331, 156 F.S., relating to supplemental educational services in 157 Title I schools; amending s. 1008.3415, F.S.; 158 correcting a cross-reference; repealing s. 1008.35, 159 F.S., relating to best financial management practices 160 for school districts; amending s. 1009.22, F.S.; 161 deleting obsolete provisions relating to workforce 162 education postsecondary student fees; amending s. 163 1009.40, F.S.; conforming cross-references; amending 164 s. 1009.531, F.S.; conforming cross-references; 165 amending s. 1009.532, F.S.; correcting cross 166 references; amending s. 1009.536, F.S.; correcting 167 cross-references; repealing s. 1009.56, F.S., relating 168 to the Seminole and Miccosukee Indian Scholarship 169 Program; repealing s. 1009.69, F.S., relating to the 170 Virgil Hawkins Fellows Assistance Program; amending s. 171 1009.91, F.S.; conforming a cross-reference; amending 172 s. 1009.94, F.S.; conforming a cross-reference; 173 repealing part V of chapter 1009, F.S., relating to 174 the Florida Higher Education Loan Authority; amending 175 s. 1011.62, F.S.; deleting an obsolete provision; 176 repealing s. 1011.71(3)(b) and (c), F.S., relating to 177 expired authorization for certain millage levy; 178 repealing s. 1011.76(4), F.S., relating to best 179 financial management practices review under the Small 180 School District Stabilization Program; amending s. 181 1011.80, F.S.; correcting a cross-reference; amending 182 s. 1012.05, F.S.; deleting department and commissioner 183 duties relating to teacher recruitment and retention; 184 amending s. 1012.22, F.S.; conforming provisions; 185 repealing s. 1012.33(9), F.S., relating to obsolete 186 provisions for payment of professional service 187 contracts; amending s. 1012.34, F.S.; correcting 188 cross-references relating to measuring student 189 performance in personnel evaluations; amending s. 190 1012.44, F.S.; deleting obsolete provisions; amending 191 s. 1012.561, F.S.; deleting an obsolete provision; 192 repealing s. 1012.595, F.S., relating to an obsolete 193 saving clause for educator certificates; amending s. 194 1012.885, F.S.; deleting certain provisions relating 195 to remuneration of Florida College System institution 196 presidents; amending s. 1012.975, F.S.; deleting 197 certain provisions relating to remuneration of state 198 university presidents; amending s. 1012.98, F.S.; 199 requiring continuing education training for 200 kindergarten teachers; amending s. 1013.35, F.S.; 201 revising audit requirements for school district 202 educational planning and construction activities; 203 amending s. 1013.47, F.S.; deleting provisions 204 relating to payment of wages of certain persons 205 employed by contractors; repealing s. 1013.49, F.S., 206 relating to toxic substances in educational 207 facilities; repealing s. 1013.512, F.S., relating to 208 the Land Acquisition and Facilities Advisory Board; 209 repealing s. 20 of chapter 2010-24, Laws of Florida, 210 relating to Department of Revenue authorization to 211 adopt emergency rules; providing an effective date. 212 213 Be It Enacted by the Legislature of the State of Florida: 214 215 Section 1. Paragraph (j) of subsection (7) of section 216 11.45, Florida Statutes, is amended to read: 217 11.45 Definitions; duties; authorities; reports; rules.— 218 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.— 219 (j) The Auditor General shall notify the Legislative 220 Auditing Committee of any financial or operational audit report 221 prepared pursuant to this section which indicates that a 222 district school board, state university, or Florida College 223 System institution has failed to take full corrective action in 224 response to a recommendation that was included in the two 225 preceding financial or operational audit reports. 226 1. The committee may direct the district school board or 227 the governing body of the state university or Florida College 228 System institution to provide a written statement to the 229 committee explaining why full corrective action has not been 230 taken or, if the governing body intends to take full corrective 231 action, describing the corrective action to be taken and when it 232 will occur. 233 2. If the committee determines that the written statement 234 is not sufficient, the committee may require the chair of the 235 district school board or the chair of the governing body of the 236 state university or Florida College System institution, or the 237 chair’s designee, to appear before the committee. 238 3. If the committee determines that the district school 239 board, state university, or Florida College System institution 240 has failed to take full corrective action for which there is no 241 justifiable reason or has failed to comply with committee 242 requests made pursuant to this section, the committee shall 243 refer the matter to the State Board of Education or the Board of 244 Governors, as appropriate, to proceed in accordance with s. 245 1008.32 or s. 1008.322, respectively. 246 Section 2. Subsection (5) is added to section 120.74, 247 Florida Statutes, to read: 248 120.74 Agency review, revision, and report.— 249 (5) An educational unit as defined in s. 120.52(6) is 250 exempt from this section. 251 Section 3. Paragraph (c) of subsection (1) of section 252 120.81, Florida Statutes, is amended to read: 253 120.81 Exceptions and special requirements; general areas.— 254 (1) EDUCATIONAL UNITS.— 255 (c) Notwithstanding s. 120.52(16), any tests, test scoring 256 criteria, or testing procedures relating to student assessment 257 which are developed or administered by the Department of 258 Education pursuant to s. 1003.42821003.428,s. 1003.429,s. 259 1003.438, s. 1008.22, or s. 1008.25, or any other statewide 260 educational tests required by law, are not rules. 261 Section 4. Paragraph (a) of subsection (2) of section 262 409.1451, Florida Statutes, is amended to read: 263 409.1451 The Road-to-Independence Program.— 264 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 265 (a) A young adult is eligible for services and support 266 under this subsection if he or she: 267 1. Was living in licensed care on his or her 18th birthday 268 or is currently living in licensed care; or was at least 16 269 years of age and was adopted from foster care or placed with a 270 court-approved dependency guardian after spending at least 6 271 months in licensed care within the 12 months immediately 272 preceding such placement or adoption; 273 2. Spent at least 6 months in licensed care before reaching 274 his or her 18th birthday; 275 3. Earned a standard high school diploma pursuant to s. 276 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 277 pursuant tos. 1003.428, s. 1003.4281, s. 1003.429,s. 1003.435, 278 or a special diploma pursuant to s. 1003.438; 279 4. Has been admitted for enrollment as a full-time student 280 or its equivalent in an eligible postsecondary educational 281 institution as provided in s. 1009.533. For purposes of this 282 section, the term “full-time” means 9 credit hours or the 283 vocational school equivalent. A student may enroll part-time if 284 he or she has a recognized disability or is faced with another 285 challenge or circumstance that would prevent full-time 286 attendance. A student needing to enroll part-time for any reason 287 other than having a recognized disability must get approval from 288 his or her academic advisor; 289 5. Has reached 18 years of age but is not yet 23 years of 290 age; 291 6. Has applied, with assistance from the young adult’s 292 caregiver and the community-based lead agency, for any other 293 grants and scholarships for which he or she may qualify; 294 7. Submitted a Free Application for Federal Student Aid 295 which is complete and error free; and 296 8. Signed an agreement to allow the department and the 297 community-based care lead agency access to school records. 298 Section 5. Subsection (8) of section 496.404, Florida 299 Statutes, is amended to read: 300 496.404 Definitions.—As used in ss. 496.401-496.424: 301 (8) “Educational institutions” means those institutions and 302 organizations described in s. 212.08(7)(cc)8.a. The term 303 includes private nonprofit organizations, the purpose of which 304 is to raise funds for schools teaching grades kindergarten 305 through grade 12, colleges, and universities, including aany306 nonprofit newspaper of free or paid circulation primarily on 307 university or college campuses which holds a current exemption 308 from federal income tax under s. 501(c)(3) of the Internal 309 Revenue Code, ananyeducational television network or system 310 established pursuant tos. 1001.25 ors. 1001.26, and aany311 nonprofit television or radio station that is a part of such 312 network or system and that holds a current exemption from 313 federal income tax under s. 501(c)(3) of the Internal Revenue 314 Code. The term also includes a nonprofit educational cable 315 consortium that holds a current exemption from federal income 316 tax under s. 501(c)(3) of the Internal Revenue Code, whose 317 primary purpose is the delivery of educational and instructional 318 cable television programming and whose members are composed 319 exclusively of educational organizations that hold a valid 320 consumer certificate of exemption and that are either an 321 educational institution as defined in this subsection or 322 qualified as a nonprofit organization pursuant to s. 501(c)(3) 323 of the Internal Revenue Code. 324 Section 6. Paragraph (d) of subsection (1) of section 325 775.215, Florida Statutes, is amended to read: 326 775.215 Residency restriction for persons convicted of 327 certain sex offenses.— 328 (1) As used in this section, the term: 329 (d) “School” has the same meaning as provided in s. 1003.01 330 and includes a private school as defined in s. 1002.01, a 331 voluntary prekindergarten education program as described in s. 332 1002.53(3), a public school as described in s. 402.3025(1), the 333 Florida School for the Deaf and the Blind, and the Florida 334 Virtual Schoolasestablished under s. 1002.37, and a K-8335Virtual School as established under s. 1002.415,but does not 336 include facilities dedicated exclusively to the education of 337 adults. 338 Section 7. Subsection (1) of section 984.151, Florida 339 Statutes, is amended to read: 340 984.151 Truancy petition; prosecution; disposition.— 341 (1) If the school determines that a student subject to 342 compulsory school attendance has had at least five unexcused 343 absences, or absences for which the reasons are unknown, within 344 a calendar month or 10 unexcused absences, or absences for which 345 the reasons are unknown, within a 90-calendar-day period 346 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused 347 absences in a 90-calendar-day period, the superintendent of 348 schools or his or her designee may file a truancy petition. 349 Section 8. Subsection (5) of section 1000.01, Florida 350 Statutes, is repealed. 351 Section 9. Subsection (7) of section 1000.21, Florida 352 Statutes, is amended to read: 353 1000.21 Systemwide definitions.—As used in the Florida K-20 354 Education Code: 355 (7) “Next Generation Sunshine State Standards” means the 356 state’s public K-12 curricular standards, including common core357standards in English Language Arts and mathematics,adopted 358 under s. 1003.41. 359 Section 10. Section 1000.33, Florida Statutes, is repealed. 360 Section 11. Section 1000.37, Florida Statutes, is repealed. 361 Section 12. Paragraphs (h) and (l) of subsection (6) of 362 section 1001.10, Florida Statutes, are amended to read: 363 1001.10 Commissioner of Education; general powers and 364 duties.— 365 (6) Additionally, the commissioner has the following 366 general powers and duties: 367(h) To develop and implement a plan for cooperating with368the Federal Government in carrying out any or all phases of the369educational program and to recommend policies for administering370funds that are appropriated by Congress and apportioned to the371state for any or all educational purposes. The Commissioner of372Education shall submit to the Legislature the proposed state373plan for the reauthorization of the No Child Left Behind Act374before the proposed plan is submitted to federal agencies. The375President of the Senate and the Speaker of the House of376Representatives shall appoint members of the appropriate377education and appropriations committees to serve as a select378committee to review the proposed plan.379 (k)(l)To prepare, publish, and disseminatemaintain a380Citizen Information Center responsible for the preparation,381publication, and dissemination ofuser-friendly materials 382 relating to the state’s education system, including the state’s 383 K-12 scholarship programs and the Voluntary Prekindergarten 384 Education Program. 385 Section 13. Section 1001.25, Florida Statutes, is repealed. 386 Section 14. Section 1001.26, Florida Statutes, is amended 387 to read: 388 1001.26 Public broadcasting program system.— 389 (1) There is created a public broadcasting program system 390 for the state. The department shall provide funds, as 391 specifically appropriated in the General Appropriations Act, to 392 educational television stations qualified by the Corporation for 393 Public Broadcasting that are part of the public broadcasting 394 program systemadminister this program system pursuant to rules395adopted by the State Board of Education. This program system396must complement and share resources with the instructional397programming service of the Department of Education and398educational UHF, VHF, EBS, and FM stations in the state. The 399 program system must include: 400 (a) Support for existing Corporation for Public 401 Broadcasting qualified program system educational television 402 stationsand new stations meeting Corporation for Public403Broadcasting qualifications and providing a first service to an404audience that does not currently receive a broadcast signal or405providing a significant new program service as defined by rule406by the State Board of Education. 407 (b) Maintenance of quality broadcast capability for 408 educational stations that are part of the program system. 409 (c) Interconnection of all educational stations that are 410 part of the program system for simultaneous broadcast and of 411 such stations with all universities and other institutions as 412 necessary for sharing of resources and delivery of programming. 413 (d) Establishment and maintenance of a capability for 414 statewide program distribution with facilities and staff, 415 provided such facilities and staff complement and strengthen 416 existingor futureeducational television stationsin accordance417with paragraph (a) and s. 1001.25(2)(c). 418 (e) Provision of both statewide programming funds and 419 station programming support for educational television to meet 420 statewide priorities. Priorities for station programming need 421 not be the same as priorities for programming to be used 422 statewide. Station programming may include, but shall not be 423 limited to, citizens’ participation programs, music and fine 424 arts programs, coverage of public hearings and governmental 425 meetings, equal air time for political candidates, and other 426 public interest programming. 427 (2)(a)The Department of Educationis responsible for428implementing the provisions of this section pursuant to s.429282.702 andmay employ personnel, acquire equipment and 430 facilities, and perform all duties necessary for carrying out 431 the purposes and objectives of this section. 432(b) The department shall provide through educational433television and other electronic media a means of extending434educational services to all the state system of public435education. The department shall recommend to the State Board of436Education rules necessary to provide such services.437(c) The department is authorized to provide equipment,438funds, and other services to extend and update both the existing439and the proposed educational television systems of tax-supported440and nonprofit, corporate-owned facilities. All stations funded441must be qualified by the Corporation for Public Broadcasting.442New stations eligible for funding shall provide a first service443to an audience that is not currently receiving a broadcast444signal or provide a significant new program service as defined445by State Board of Education rules. Funds appropriated to the446department for educational television may be used by the447department for educational television only.448 (3)(a) The facilities, plant, or personnel of an 449 educational television station that is supported in whole or in 450 part by state funds may not be used directly or indirectly for 451 the promotion, advertisement, or advancement of a political 452 candidate for a municipal, county, legislative, congressional, 453 or state office. However, fair, open, and free discussion 454 between political candidates for municipal, county, legislative, 455 congressional, or state office may be permitted in order to help 456 materially reduce the excessive cost of campaigns and to ensure 457 that the state’s citizens are fully informed about issues and 458 candidates in campaigns. This paragraph applies to the advocacy 459 for, or opposition to, a specific existing or proposed program 460 of governmental action, which includes, but is not limited to, 461 constitutional amendments, tax referenda, and bond issues. This 462 paragraph shall be implemented in accordance with rules of the 463 State Board of Education. 464 (b) A violation of a prohibition contained in this 465 subsection is a misdemeanor of the second degree, punishable as 466 provided in s. 775.082 or s. 775.083. 467 Section 15. Section 1001.34, Florida Statutes, is amended 468 to read: 469 1001.34 Membership of district school board.— 470 (1) Each district school board shall be composed of not 471 less than five members. Each member of the district school board 472 shall be a qualified elector of the district in which she or he 473 serves, shall be a resident of the district school board member 474 residence area from which she or he is elected, and shall 475 maintain said residency throughout her or his term of office. 476 (2) A district school board may modify the number of 477 members on its board by adopting a resolution that establishes 478 the total number of members on the board, which may not be less 479 than five, and the number of members who shall be elected by 480 residence areas or elected at large. The resolution must specify 481 an orderly method and procedure for modifying the membership of 482 the board, including staggering terms of additional members as 483 necessary. If the resolution is adopted, the district school 484 board shall submit to the electors for approval at a referendum 485 held at the next primary or general election the question of 486 whether the number of board members should be modified in 487 accordance with the resolution adopted by the district school 488 board. If the referendum is approved, election of additional 489 school board members may occur at any primary, general, or 490 otherwise-called special election. 491 Section 16. Subsection (7) of section 1001.47, Florida 492 Statutes, is repealed. 493 Section 17. Subsection (6) of section 1001.50, Florida 494 Statutes, is repealed. 495 Section 18. Section 1001.62, Florida Statutes, is repealed. 496 Section 19. Subsection (3) of section 1001.73, Florida 497 Statutes, is repealed. 498 Section 20. Subsections (8), (16), and (21) of section 499 1002.20, Florida Statutes, are amended to read: 500 1002.20 K-12 student and parent rights.—Parents of public 501 school students must receive accurate and timely information 502 regarding their child’s academic progress and must be informed 503 of ways they can help their child to succeed in school. K-12 504 students and their parents are afforded numerous statutory 505 rights including, but not limited to, the following: 506 (8) STUDENTS WITH DISABILITIES.—Parents of public school 507 students with disabilities and parents of public school students 508 in residential care facilities are entitled to notice and due 509 process in accordance with the provisions of ss. 1003.57 and 510 1003.58. Public school students with disabilities must be 511 provided the opportunity to meet the graduation requirements for 512 a standard high school diploma as set forth in s. 1003.4282 in 513 accordance with the provisions of ss. 1003.57 and 1008.22s.5141003.428(3). Pursuant to s. 1003.438, certain public school 515 students with disabilities may be awarded a special diploma upon 516 high school graduation. 517 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING 518 REPORTS.—Parents of public school students are entitled to an 519 easy-to-read report card about the school’s grade designation 520 or, if applicable under s. 1008.341, the school’s improvement 521 rating, and the school’sschoolaccountability report, including 522 the school financial report as required under s. 1010.215, and523school improvement rating of their child’s school in accordance524with the provisions of ss. 1008.22, 1003.02(3), and 1010.215(5). 525 (21) PARENTAL INPUT AND MEETINGS.— 526 (a) Meetings with school district personnel.—Parents of 527 public school students may be accompanied by another adult of 528 their choice at aanymeeting with school district personnel. 529 School district personnel may not object to the attendance of 530 such adult or discourage or attempt to discourage, through an 531anyaction, statement, or other means, the parents of students 532 with disabilities from inviting another person of their choice 533 to attend aanymeeting. Such prohibited actions include, but 534 are not limited to, attempted or actual coercion or harassment 535 of parents or students or retaliation or threats of consequences 536 to parents or students. 537 1. Such meetings include, but are not limited to, meetings 538 related to: the eligibility for exceptional student education or 539 related services; the development of an individual family 540 support plan (IFSP); the development of an individual education 541 plan (IEP); the development of a 504 accommodation plan issued 542 under s. 504 of the Rehabilitation Act of 1973; the transition 543 of a student from early intervention services to other services; 544 the development of postsecondary goals for a student with a 545 disability and the transition services needed to reach those 546 goals; and other issues that may affect thea student’s547 educational environment, discipline, or placement of a student 548 with a disability. 549 2. The parents and school district personnel attending the 550 meeting shall sign a document at the meeting’s conclusion which 551 states whether any school district personnel have prohibited, 552 discouraged, or attempted to discourage the parents from 553 inviting a person of their choice to the meeting. 554(b)School district best financial management practice555reviews.—Public school students and their parents may provide556input regarding their concerns about the operations and557management of the school district both during and after the558conduct of a school district best financial management practices559review, in accordance with the provisions of s. 1008.35.560 (b)(c)District school board educational facilities 561 programs.—Parents of public school students and other members of 562 the public have the right to receive proper public notice and 563 opportunity for public comment regarding the district school 564 board’s educational facilities work program, in accordance with 565 the provisions of s. 1013.35. 566 Section 21. Subsections (2) through (8) of section 1002.31, 567 Florida Statutes, are amended to read: 568 1002.31 Controlled open enrollment; public school parental 569 choice.— 570 (2) Each district school board may offer controlled open 571 enrollment within the public schools which is. The controlled572open enrollment program shall be offeredin addition to the 573 existing choice programs such as virtual instruction programs, 574 magnet schools, alternative schools, special programs, advanced 575 placement, and dual enrollment. 576 (3) Each district school board offering controlled open 577 enrollment shall adopt by rule and post on its websitedevelopa 578 controlled open enrollment plan which must:describes the579implementation of subsection (2).580 (a)(4) School districts shallAdhere to federal 581 desegregation requirements.No controlled open enrollment plan582that conflicts with federal desegregation orders shall be583implemented.584(5) Each school district shall develop a system of585priorities for its plan that includes consideration of the586following:587 (b)(a)Include an application process required to 588 participate inthecontrolled open enrollmentprogram.589(b) A processthat allows parents to declare school 590 preferences, including.591(c) A process that encouragesplacement of siblings within 592 the same school. 593 (c)(d)Provide a lottery procedureused by the school594districtto determine student assignment and establish.595(e)an appeals process for hardship cases. 596 (d) Afford parents of students in multiple session schools 597 preferred access to controlled open enrollment. 598 (e)(f)The procedures toMaintain socioeconomic, 599 demographic, and racial balance. 600 (f)(g)Address the availability of transportation. 601(h) A process that promotes strong parental involvement,602including the designation of a parent liaison.603(i) A strategy that establishes a clearinghouse of604information designed to assist parents in making informed605choices.606(6) Plans shall be submitted to the Commissioner of607Education. The Commissioner of Education shall develop an annual608report on the status of school choice and deliver the report to609the Governor, the President of the Senate, and the Speaker of610the House of Representatives at least 90 days prior to the611convening of the regular session of the Legislature. 612(7) Notwithstanding any provision of this section, a school613district with schools operating on both multiple session614schedules and single session schedules shall afford parents of615students in multiple session schools preferred access to the616controlled open enrollment program of the school district.617 (4)(8)In accordance with the reporting requirements of s. 618 1011.62, each district school board shall annually report the 619 number of studentsapplying for andattending the various types 620 of public schools of choice in the district, including schools 621 such as virtual instruction programs, magnet schools, and public 622 charter schools, according to rules adopted by the State Board 623 of Education. 624 Section 22. Subsection (5) of section 1002.3105, Florida 625 Statutes, is amended to read: 626 1002.3105 Academically Challenging Curriculum to Enhance 627 Learning (ACCEL) options.— 628 (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who 629 meets the applicable grade 9 cohort graduation requirements of 630 s. 1003.4282(3)(a)-(e) or s. 1003.4282(10)(a)1.-5., (b)1.-5., 631 (c)1.-5., or (d)1.-5., earns three credits in electives, and 632 earns a cumulative grade point average (GPA) of 2.0 on a 4.0 633 scale shall be awarded a standard high school diploma in a form 634 prescribed by the State Board of Education. 635 Section 23. Subsection (3) of section 1002.321, Florida 636 Statutes, is amended to read: 637 1002.321 Digital learning.— 638 (3) DIGITAL PREPARATION.—As required under s. 1003.4282, a 639Eachstudent entering grade 9 in the 2011-2012 school year and 640 thereafter who seeks a high school diploma must takegraduate641from high school having takenat least one online course, as642provided in s. 1003.428. 643 Section 24. Paragraph (a) of subsection (6), paragraph (a) 644 of subsection (7), and subsection (25) of section 1002.33, 645 Florida Statutes, are amended to read: 646 1002.33 Charter schools.— 647 (6) APPLICATION PROCESS AND REVIEW.—Charter school 648 applications are subject to the following requirements: 649 (a) A person or entity wishing to open a charter school 650 shall prepare and submit an application on a model application 651 form prepared by the Department of Education which: 652 1. Demonstrates how the school will use the guiding 653 principles and meet the statutorily defined purpose of a charter 654 school. 655 2. Provides a detailed curriculum plan that illustrates how 656 students will be provided services to attain the Sunshine State 657 Standards. 658 3. Contains goals and objectives for improving student 659 learning and measuring that improvement. These goals and 660 objectives must indicate how much academic improvement students 661 are expected to show each year, how success will be evaluated, 662 and the specific results to be attained through instruction. 663 4. Describes the reading curriculum and differentiated 664 strategies that will be used for students reading at grade level 665 or higher and a separate curriculum and strategies for students 666 who are reading below grade level. A sponsor shall deny a 667 charter if the school does not propose a reading curriculum that 668 is consistent with effective teaching strategies that are 669 grounded in scientifically based reading research. 670 5. Contains an annual financial plan for each year 671 requested by the charter for operation of the school for up to 5 672 years. This plan must contain anticipated fund balances based on 673 revenue projections, a spending plan based on projected revenues 674 and expenses, and a description of controls that will safeguard 675 finances and projected enrollment trends. 676 6. ContainsDocuments that the applicant has participated677in the training required in subparagraph (f)2. A sponsor may678require an applicant to provideadditional information a sponsor 679 may require, which shall be attached as an addendum to the 680 charter school application described in this paragraph. 681 7. For the establishment of a virtual charter school, 682 documents that the applicant has contracted with a provider of 683 virtual instruction services pursuant to s. 1002.45(1)(d). 684 (7) CHARTER.—The major issues involving the operation of a 685 charter school shall be considered in advance and written into 686 the charter. The charter shall be signed by the governing board 687 of the charter school and the sponsor, following a public 688 hearing to ensure community input. 689 (a) The charter shall address and criteria for approval of 690 the charter shall be based on: 691 1. The school’s mission, the students to be served, and the 692 ages and grades to be included. 693 2. The focus of the curriculum, the instructional methods 694 to be used, any distinctive instructional techniques to be 695 employed, and identification and acquisition of appropriate 696 technologies needed to improve educational and administrative 697 performance which include a means for promoting safe, ethical, 698 and appropriate uses of technology which comply with legal and 699 professional standards. 700 a. The charter shall ensure that reading is a primary focus 701 of the curriculum and that resources are provided to identify 702 and provide specialized instruction for students who are reading 703 below grade level. The curriculum and instructional strategies 704 for reading must be consistent with the Next Generation Sunshine 705 State Standards and grounded in scientifically based reading 706 research. 707 b. In order to provide students with access to diverse 708 instructional delivery models, to facilitate the integration of 709 technology within traditional classroom instruction, and to 710 provide students with the skills they need to compete in the 711 21st century economy, the Legislature encourages instructional 712 methods for blended learning courses consisting of both 713 traditional classroom and online instructional techniques. 714 Charter schools may implement blended learning courses which 715 combine traditional classroom instruction and virtual 716 instruction. Students in a blended learning course must be full 717 time students of the charter school and receive the online 718 instruction in a classroom setting at the charter school. 719 Instructional personnel certified pursuant to s. 1012.55 who 720 provide virtual instruction for blended learning courses may be 721 employees of the charter school or may be under contract to 722 provide instructional services to charter school students. At a 723 minimum, such instructional personnel must hold an active state 724 or school district adjunct certification under s. 1012.57 for 725 the subject area of the blended learning course. The funding and 726 performance accountability requirements for blended learning 727 courses are the same as those for traditional courses. 728 3. The current incoming baseline standard of student 729 academic achievement, the outcomes to be achieved, and the 730 method of measurement that will be used. The criteria listed in 731 this subparagraph shall include a detailed description of: 732 a. How the baseline student academic achievement levels and 733 prior rates of academic progress will be established. 734 b. How these baseline rates will be compared to rates of 735 academic progress achieved by these same students while 736 attending the charter school. 737 c. To the extent possible, how these rates of progress will 738 be evaluated and compared with rates of progress of other 739 closely comparable student populations. 740 741 The district school board is required to provide academic 742 student performance data to charter schools for each of their 743 students coming from the district school system, as well as 744 rates of academic progress of comparable student populations in 745 the district school system. 746 4. The methods used to identify the educational strengths 747 and needs of students and how well educational goals and 748 performance standards are met by students attending the charter 749 school. The methods shall provide a means for the charter school 750 to ensure accountability to its constituents by analyzing 751 student performance data and by evaluating the effectiveness and 752 efficiency of its major educational programs. Students in 753 charter schools shall, at a minimum, participate in the 754 statewide assessment program created under s. 1008.22. 755 5. In secondary charter schools, a method for determining 756 that a student has satisfied the requirements for graduation in 757 s. 1002.3105(5), s. 1003.4281,1003.428or s. 1003.4282. 758 6. A method for resolving conflicts between the governing 759 board of the charter school and the sponsor. 760 7. The admissions procedures and dismissal procedures, 761 including the school’s code of student conduct. 762 8. The ways by which the school will achieve a 763 racial/ethnic balance reflective of the community it serves or 764 within the racial/ethnic range of other public schools in the 765 same school district. 766 9. The financial and administrative management of the 767 school, including a reasonable demonstration of the professional 768 experience or competence of those individuals or organizations 769 applying to operate the charter school or those hired or 770 retained to perform such professional services and the 771 description of clearly delineated responsibilities and the 772 policies and practices needed to effectively manage the charter 773 school. A description of internal audit procedures and 774 establishment of controls to ensure that financial resources are 775 properly managed must be included. Both public sector and 776 private sector professional experience shall be equally valid in 777 such a consideration. 778 10. The asset and liability projections required in the 779 application which are incorporated into the charter and shall be 780 compared with information provided in the annual report of the 781 charter school. 782 11. A description of procedures that identify various risks 783 and provide for a comprehensive approach to reduce the impact of 784 losses; plans to ensure the safety and security of students and 785 staff; plans to identify, minimize, and protect others from 786 violent or disruptive student behavior; and the manner in which 787 the school will be insured, including whether or not the school 788 will be required to have liability insurance, and, if so, the 789 terms and conditions thereof and the amounts of coverage. 790 12. The term of the charter which shall provide for 791 cancellation of the charter if insufficient progress has been 792 made in attaining the student achievement objectives of the 793 charter and if it is not likely that such objectives can be 794 achieved before expiration of the charter. The initial term of a 795 charter shall be for 4 or 5 years. In order to facilitate access 796 to long-term financial resources for charter school 797 construction, charter schools that are operated by a 798 municipality or other public entity as provided by law are 799 eligible for up to a 15-year charter, subject to approval by the 800 district school board. A charter lab school is eligible for a 801 charter for a term of up to 15 years. In addition, to facilitate 802 access to long-term financial resources for charter school 803 construction, charter schools that are operated by a private, 804 not-for-profit, s. 501(c)(3) status corporation are eligible for 805 up to a 15-year charter, subject to approval by the district 806 school board. Such long-term charters remain subject to annual 807 review and may be terminated during the term of the charter, but 808 only according to the provisions set forth in subsection (8). 809 13. The facilities to be used and their location. The 810 sponsor may not require a charter school to have a certificate 811 of occupancy or a temporary certificate of occupancy for such a 812 facility earlier than 15 calendar days before the first day of 813 school. 814 14. The qualifications to be required of the teachers and 815 the potential strategies used to recruit, hire, train, and 816 retain qualified staff to achieve best value. 817 15. The governance structure of the school, including the 818 status of the charter school as a public or private employer as 819 required in paragraph (12)(i). 820 16. A timetable for implementing the charter which 821 addresses the implementation of each element thereof and the 822 date by which the charter shall be awarded in order to meet this 823 timetable. 824 17. In the case of an existing public school that is being 825 converted to charter status, alternative arrangements for 826 current students who choose not to attend the charter school and 827 for current teachers who choose not to teach in the charter 828 school after conversion in accordance with the existing 829 collective bargaining agreement or district school board rule in 830 the absence of a collective bargaining agreement. However, 831 alternative arrangements shall not be required for current 832 teachers who choose not to teach in a charter lab school, except 833 as authorized by the employment policies of the state university 834 which grants the charter to the lab school. 835 18. Full disclosure of the identity of all relatives 836 employed by the charter school who are related to the charter 837 school owner, president, chairperson of the governing board of 838 directors, superintendent, governing board member, principal, 839 assistant principal, or any other person employed by the charter 840 school who has equivalent decisionmaking authority. For the 841 purpose of this subparagraph, the term “relative” means father, 842 mother, son, daughter, brother, sister, uncle, aunt, first 843 cousin, nephew, niece, husband, wife, father-in-law, mother-in 844 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 845 stepfather, stepmother, stepson, stepdaughter, stepbrother, 846 stepsister, half brother, or half sister. 847 19. Implementation of the activities authorized under s. 848 1002.331 by the charter school when it satisfies the eligibility 849 requirements for a high-performing charter school. A high 850 performing charter school shall notify its sponsor in writing by 851 March 1 if it intends to increase enrollment or expand grade 852 levels the following school year. The written notice shall 853 specify the amount of the enrollment increase and the grade 854 levels that will be added, as applicable. 855 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 856 SCHOOL SYSTEMS.—A charter school system’s governing boardsystem857 shall be designated a local educational agency for the purpose 858 of receiving federal funds, the same as though the charter 859 school system were a school district, if the governing board of 860 the charter school system has adopted and filed a resolution 861 with its sponsoring district school board and the Department of 862 Education in which the governing board of the charter school 863 system accepts the full responsibility for all local education 864 agency requirements and the charter school system meets all of 865 the following: 866 (a) Includes both conversion charter schools and 867 nonconversion charter schools; 868 (b) Has all schools located in the same county; 869 (c) Has a total enrollment exceeding the total enrollment 870 of at least one school district in the state; 871 (d) Has the same governing board; and 872 (e) Does not contract with a for-profit service provider 873 for management of school operations. 874 875 Such designation does not apply to other provisions unless 876 specifically provided in law. 877 Section 25. Paragraph (g) of subsection (4) and paragraph 878 (d) of subsection (6) of section 1002.34, Florida Statutes, are 879 amended to read: 880 1002.34 Charter technical career centers.— 881 (4) CHARTER.—A sponsor may designate centers as provided in 882 this section. An application to establish a center may be 883 submitted by a sponsor or another organization that is 884 determined, by rule of the State Board of Education, to be 885 appropriate. However, an independent school is not eligible for 886 status as a center. The charter must be signed by the governing 887 body of the center and the sponsor and must be approved by the 888 district school board and Florida College System institution 889 board of trustees in whose geographic region the facility is 890 located. If a charter technical career center is established by 891 the conversion to charter status of a public technical center 892 formerly governed by a district school board, the charter status 893 of that center takes precedence in any question of governance. 894 The governance of the center or of any program within the center 895 remains with its board of directors unless the board agrees to a 896 change in governance or its charter is revoked as provided in 897 subsection (15). Such a conversion charter technical career 898 center is not affected by a change in the governance of public 899 technical centers or of programs within other centers that are 900 or have been governed by district school boards. A charter 901 technical career center, or any program within such a center, 902 that was governed by a district school board and transferred to 903 a Florida College System institution prior to the effective date 904 of this act is not affected by this provision. An applicant who 905 wishes to establish a center must submit to the district school 906 board or Florida College System institution board of trustees, 907 or a consortium of one or more of each, an application on a form 908 developed by the Department of Education which includes: 909 (g) A method for determining whether a student has 910 satisfied the requirements for graduation specified in s. 911 1002.3105(5), s. 1003.4281, or s. 1003.42821003.428 or s.9121003.429and for completion of a postsecondary certificate or 913 degree. 914 915 Students at a center must meet the same testing and academic 916 performance standards as those established by law and rule for 917 students at public schools and public technical centers. The 918 students must also meet any additional assessment indicators 919 that are included within the charter approved by the district 920 school board or Florida College System institution board of 921 trustees. 922 (6) SPONSOR.—A district school board or Florida College 923 System institution board of trustees or a consortium of one or 924 more of each may sponsor a center in the county in which the 925 board has jurisdiction. 926 (d)1. The Department of Education shall offer or arrange 927 for training and technical assistance to centers which must 928 includeapplicants indeveloping and amending business plans, 929andestimating and accounting for costs and income, complying 930 with state and federal grant and student performance 931 accountability reporting requirements, implementing good 932 business practices. This assistance shall address estimating933startup costs, projecting enrollment, and identifyingthe types934and amounts ofstate and federal financial aidassistancethe 935 center may be eligible to receive.The training shall include936instruction in accurate financial planning and good business937practices.938 2. An applicant must participate in the training provided 939 by the department after approval of itsof Education before940filing anapplication but at least 30 days before the first day 941 of classes at the center. The departmentof Educationmay 942 provide technical assistance to an applicant upon written 943 request. 944 Section 26. Paragraphs (a) and (b) of subsection (1) and 945 subsection (3) of section 1002.345, Florida Statutes, are 946 amended to read: 947 1002.345 Determination of deteriorating financial 948 conditions and financial emergencies for charter schools and 949 charter technical career centers.—This section applies to 950 charter schools operating pursuant to s. 1002.33 and to charter 951 technical career centers operating pursuant to s. 1002.34. 952 (1) EXPEDITED REVIEW; REQUIREMENTS.— 953 (a) A charter school or a charter technical career center 954 is subject to an expedited review by the sponsor if one of the 955 following occurs: 956 1. Failure to provide for an audit required by s. 218.39. 957 2. Failure to comply with reporting requirements pursuant 958 to s. 1002.33(9) or s. 1002.34(11)(f) or (14). 959 3. A deteriorating financial condition identified through 960 an annual audit pursuant to s. 218.39(5),ora monthly financial 961 statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f), or 962 a quarterly financial statement pursuant to s. 1002.331(2)(c). 963 “Deteriorating financial condition” means a circumstance that 964 significantly impairs the ability of a charter school or a 965 charter technical career center to generate enough revenues to 966 meet its expenditures without causing the occurrence of a 967 condition described in s. 218.503(1). 968 4. Notification pursuant to s. 218.503(2) that one or more 969 of the conditions specified in s. 218.503(1) have occurred or 970 will occur if action is not taken to assist the charter school 971 or charter technical career center. 972 (b) A sponsor shall notify the governing board and the 973 Commissioner of Education within 7 business days after one or 974 more of the conditions specified in paragraph (a) occur. 975(3) REPORT.—The Commissioner of Education shall annually976report to the State Board of Education each charter school and977charter technical career center that is subject to a financial978recovery plan or a corrective action plan under this section.979 Section 27. Paragraph (a) of subsection (2) of section 980 1002.39, Florida Statutes, is amended to read: 981 1002.39 The John M. McKay Scholarships for Students with 982 Disabilities Program.—There is established a program that is 983 separate and distinct from the Opportunity Scholarship Program 984 and is named the John M. McKay Scholarships for Students with 985 Disabilities Program. 986 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 987 student with a disability may request and receive from the state 988 a John M. McKay Scholarship for the child to enroll in and 989 attend a private school in accordance with this section if: 990 (a) The student has: 991 1. Received specialized instructional services under the 992 Voluntary Prekindergarten Education Program pursuant to s. 993 1002.66 during the previous school year and the student has a 994 current individual educational plan developed by the local 995 school board in accordance with rules of the State Board of 996 Education for the John M. McKay Scholarships for Students with 997 Disabilities Program or a 504 accommodation plan has been issued 998 under s. 504 of the Rehabilitation Act of 1973; or 999 2. Spent the prior school year in attendance at a Florida 1000 public school or the Florida School for the Deaf and the Blind. 1001 For purposes of this subparagraph, prior school year in 1002 attendance means that the student was enrolled and reported by: 1003 a. A school district for funding during the preceding 1004 October and February Florida Education Finance Program surveys 1005 in kindergarten through grade 12, which includes time spent in a 1006 Department of Juvenile Justice commitment program if funded 1007 under the Florida Education Finance Program; 1008 b. The Florida School for the Deaf and the Blind during 1009 the preceding October and February student membership surveys in 1010 kindergarten through grade 12; or 1011 c. A school district for funding during the preceding 1012 October and February Florida Education Finance Program surveys, 1013 was at least 4 years of age when so enrolled and reported, and 1014 was eligible for services under s. 1003.21(1)(e); or10153. Been enrolled and reported by a school district for1016funding, during the October and February Florida Education1017Finance Program surveys, in any of the 5 years prior to the10182010-2011 fiscal year; has a current individualized educational1019plan developed by the district school board in accordance with1020rules of the State Board of Education for the John M. McKay1021Scholarship Program no later than June 30, 2011; and receives a1022first-time John M. McKay scholarship for the 2011-2012 school1023year. Upon request of the parent, the local school district1024shall complete a matrix of services as required in subparagraph1025(5)(b)1. for a student requesting a current individualized1026educational plan in accordance with the provisions of this1027subparagraph. 1028 1029 However, a dependent child of a member of the United States 1030 Armed Forces who transfers to a school in this state from out of 1031 state or from a foreign country due to a parent’s permanent 1032 change of station orders is exempt from this paragraph but must 1033 meet all other eligibility requirements to participate in the 1034 program. 1035 Section 28. Subsection (5) of section 1002.41, Florida 1036 Statutes, is amended to read: 1037 1002.41 Home education programs.— 1038 (5) Home education students may participate in the Bright 1039 Futures Scholarship Program in accordance with the provisions of 1040 ss. 1009.53-1009.5381009.53-1009.539. 1041 Section 29. Section 1002.415, Florida Statutes, is 1042 repealed. 1043 Section 30. Paragraph (b) of subsection (4) and subsection 1044 (10) of section 1002.45, Florida Statutes, are amended to read: 1045 1002.45 Virtual instruction programs.— 1046 (4) CONTRACT REQUIREMENTS.—Each contract with an approved 1047 provider must at minimum: 1048 (b) Provide a method for determining that a student has 1049 satisfied the requirements for graduation in s. 1002.3105(5), s. 1050 1003.4281,1003.428or s. 1003.4282 if the contract is for the 1051 provision of a full-time virtual instruction program to students 1052 in grades 9 through 12. 1053 (10) MARKETING.—Each school district shall provide 1054 information to parents and students about theparent’s and1055 student’s right to participate in a virtual instruction program 1056 under this section and in courses offered by the Florida Virtual 1057 School under s. 1002.37. 1058 Section 31. Paragraph (c) of subsection (2) of section 1059 1002.455, Florida Statutes, is amended to read: 1060 1002.455 Student eligibility for K-12 virtual instruction.— 1061 (2) A student is eligible to participate in virtual 1062 instruction if: 1063 (c) The student was enrolled during the prior school year 1064 in a virtual instruction program under s. 1002.45, the K-81065Virtual School Program under s. 1002.415,or a full-time Florida 1066 Virtual School program under s. 1002.37(8)(a); 1067 Section 32. Section 1002.65, Florida Statutes, is repealed. 1068 Section 33. Subsection (14) of section 1003.01, Florida 1069 Statutes, is amended to read: 1070 1003.01 Definitions.—As used in this chapter, the term: 1071 (14) “Core-curricula courses” means: 1072 (a) Courses in language arts/reading, mathematics, social 1073 studies, and science in prekindergarten through grade 3, 1074 excludinganyextracurricular courses pursuant to subsection 1075 (15); 1076 (b) Courses in grades 4 through 8 in subjects that are 1077 measured by state assessment at any grade level and courses 1078 required for middle school promotion, excludingany1079 extracurricular courses pursuant to subsection (15); 1080 (c) Courses in grades 9 through 12 in subjects that are 1081 measured by state assessment at any grade level and courses that 1082 are specifically identified by name in statute as required for 1083 high school graduation and that are not measured by state 1084 assessment, excludinganyextracurricular courses pursuant to 1085 subsection (15); 1086 (d) Exceptional student education courses; and 1087 (e) English for Speakers of Other Languages courses. 1088 1089 The term is limited in meaning and used for the sole purpose of 1090 designating classes that are subject to the maximum class size 1091 requirements established in s. 1, Art. IX of the State 1092 Constitution. This term does not include courses offered under 1093 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37,1002.415,1094 1002.45, and 1003.499. 1095 Section 34. Paragraph (d) of subsection (1) of section 1096 1003.02, Florida Statutes, is amended to read: 1097 1003.02 District school board operation and control of 1098 public K-12 education within the school district.—As provided in 1099 part II of chapter 1001, district school boards are 1100 constitutionally and statutorily charged with the operation and 1101 control of public K-12 education within their school district. 1102 The district school boards must establish, organize, and operate 1103 their public K-12 schools and educational programs, employees, 1104 and facilities. Their responsibilities include staff 1105 development, public K-12 school student education including 1106 education for exceptional students and students in juvenile 1107 justice programs, special programs, adult education programs, 1108 and career education programs. Additionally, district school 1109 boards must: 1110 (1) Provide for the proper accounting for all students of 1111 school age, for the attendance and control of students at 1112 school, and for proper attention to health, safety, and other 1113 matters relating to the welfare of students in the following 1114 fields: 1115 (d) Courses of study and instructional materials.— 1116 1. Provide adequate instructional materials for all 1117 students as follows and in accordance with the requirements of 1118 chapter 1006, in the core courses of mathematics, language arts, 1119 social studies, science, reading, and literature, except for 1120 instruction for which the school advisory council approves the 1121 use of a program that does not include a textbook as a major 1122 tool of instruction. 1123 2. Adopt courses of study for use in the schools of the 1124 district. 1125 3. Provide for proper requisitioning, distribution, 1126 accounting, storage, care, and use of all instructional 1127 materials as may be needed, and ensure that instructional 1128 materials used in the district are consistent with the district 1129 goals and objectives and the course descriptionscurriculum1130frameworksapproved by the State Board of Education, as well as 1131 with the state and school district performance standards 1132 required by law and state board rule. 1133 Section 35. Paragraph (c) of subsection (3) and subsection 1134 (6) of section 1003.03, Florida Statutes, are amended to read: 1135 1003.03 Maximum class size.— 1136 (3) IMPLEMENTATION OPTIONS.—District school boards must 1137 consider, but are not limited to, implementing the following 1138 items in order to meet the constitutional class size maximums 1139 described in subsection (1): 1140 (c)1. Repeal district school board policies that require 1141 students to earn more than the 24 creditsrequired under s.11421003.428to graduate from high school. 1143 2. Implement the early graduation optionsoptionprovided 1144 in ss. 1002.3105(5) ands.1003.4281. 1145 (6) COURSES FOR COMPLIANCE.—Consistent with s.the1146provisions in ss.1003.01(14)and 1003.428, the Department of 1147 Education shall identify from the Course Code Directory the 1148 core-curricula courses for the purpose of satisfying the maximum 1149 class size requirement in this section. The department may adopt 1150 rules to implement this subsection, if necessary. 1151 Section 36. Subsection (3) of section 1003.41, Florida 1152 Statutes, is amended to read: 1153 1003.41 Next Generation Sunshine State Standards.— 1154 (3) The Commissioner of Education, as needed, shall develop 1155 and submit proposed revisions to the standards for review and 1156 comment by Florida educators, school administrators, 1157 representatives of the Florida College System institutions and 1158 state universities who have expertise in the content knowledge 1159 and skills necessary to prepare a student for postsecondary 1160 education and careers, business and industry leaders, and the 1161 public. The commissioner, after considering reviews and 1162 comments, shall submit the proposed revisions to the State Board 1163 of Education for adoption.In addition, the commissioner shall1164prepare an analysis of the costs associated with implementing a1165separate, one-half credit course in financial literacy,1166including estimated costs for instructional personnel, training,1167and the development or purchase of instructional materials. The1168commissioner shall work with one or more nonprofit organizations1169with proven expertise in the area of personal finance, consider1170free resources that can be utilized for instructional materials,1171and provide data on the implementation of such a course in other1172states. The commissioner shall provide the cost analysis to the1173President of the Senate and the Speaker of the House of1174Representatives by October 1, 2013.1175 Section 37. Paragraphs (b) and (c) of subsection (1) and 1176 subsections (2) and (3) of section 1003.4156, Florida Statutes, 1177 are amended to read: 1178 1003.4156 General requirements for middle grades 1179 promotion.— 1180 (1) In order for a student to be promoted to high school 1181 from a school that includes middle grades 6, 7, and 8, the 1182 student must successfully complete the following courses: 1183 (b) Three middle grades or higher courses in mathematics. 1184 Each school that includes middle grades must offer at least one 1185 high school level mathematics course for which students may earn 1186 high school credit. Successful completion of a high school level 1187 Algebra I or Geometry course is not contingent upon the 1188 student’s performance on the statewide, standardized end-of 1189 course (EOC) assessmentor, upon transition to common core1190assessments, the common core Algebra I or geometry assessments1191required under s. 1008.22.However, beginning with the 2011-20121192school year,To earn high school credit for Algebra I, a middle 1193 grades student must take the statewide, standardized Algebra I 1194 EOC assessment and pass the course, and in addition, beginning 1195 with the 2013-2014 school year and thereafter, a student’s 1196 performance on the Algebra I EOC assessment constitutes 30 1197 percent of the student’s final course grade.pass the Algebra I1198statewide, standardized assessment, and beginning with the 201211992013 school year,To earn high school credit for a Geometry 1200 course, a middle grades student must take the statewide, 1201 standardized Geometry EOC assessment, which constitutes 30 1202 percent of the student’s final course grade, and earn a passing 1203 grade in the course. 1204 (c) Three middle grades or higher courses in social 1205 studies. Beginning with students entering grade 6 in the 2012 1206 2013 school year, one of these courses must be at least a one 1207 semester civics education course that includes the roles and 1208 responsibilities of federal, state, and local governments; the 1209 structures and functions of the legislative, executive, and 1210 judicial branches of government; and the meaning and 1211 significance of historic documents, such as the Articles of 1212 Confederation, the Declaration of Independence, and the 1213 Constitution of the United States. Beginning with the 2013-2014 1214 school year, each student’s performance on the statewide, 1215 standardized EOC assessment in civics education required under 1216 s. 1008.22 constitutes 30 percent of the student’s final course 1217 grade. A middle grades student who transfers into the state’s 1218 public school system from out of country, out of state, a 1219 private school, or a home education program after the beginning 1220 of the second term of grade 8 is not required to meet the civics 1221 education requirement for promotion from the middle grades if 1222 the student’s transcript documents passage of three courses in 1223 social studies or two year-long courses in social studies that 1224 include coverage of civics education. 1225 1226 Each school must inform parents about the course curriculum and 1227 activities. Each student shall complete a personal education 1228 plan that must be signed by the student and the student’s 1229 parent. The Department of Education shall develop course 1230 frameworks and professional development materials for the career 1231 and education planning course. The course may be implemented as 1232 a stand-alone course or integrated into another course or 1233 courses. The Commissioner of Education shall collect 1234 longitudinal high school course enrollment data by student 1235 ethnicity in order to analyze course-taking patterns. 1236 (2) If a middle grades student scores Level l or Level 2 on 1237 the statewide, standardizedFCATReading assessment or, when 1238 implemented,the state transitions to common core assessments on1239 the English Language Arts (ELA) assessmentassessments required1240under s. 1008.22, the following year the student must enroll in 1241 and complete a remedial course or a content area course in which 1242 remediation strategies are incorporated into course content 1243 delivery. The department shall provide guidance on appropriate 1244 strategies for diagnosing and meeting the varying instructional 1245 needs of students performing below grade level. 1246 (3) If a middle grades student scores Level 1 or Level 2 on 1247 the statewide, standardizedFCATMathematics assessmentor, when1248the state transitions to common core assessments, on the1249mathematics common core assessments required under s. 1008.22, 1250 the following year the student must receive remediation, which 1251 may be integrated into the student’s required mathematics 1252 courses. 1253 Section 38. Section 1003.428, Florida Statutes, is 1254 repealed. 1255 Section 39. Subsection (1) of section 1003.4281, Florida 1256 Statutes, is amended to read: 1257 1003.4281 Early high school graduation.— 1258 (1) The purpose of this section is to provide a student the 1259 option of early graduation and receipt of a standard high school 1260 diploma if the student earns 24 credits and meets the graduation 1261 requirements set forth ins. 1003.428 ors. 1003.4282, as1262applicable. For purposes of this section, the term “early 1263 graduation” means graduation from high school in less than 8 1264 semesters or the equivalent. 1265 Section 40. Paragraphs (a), (b), (c), and (f) of subsection 1266 (3), subsections (4), (5), (7), and (8), and paragraphs (a) and 1267 (c) of subsection (9) of section 1003.4282, Florida Statutes, 1268 are amended, subsection (10) is renumbered as subsection (11), 1269 and a new subsection (10) is added to that section, to read: 1270 1003.4282 Requirements for a standard high school diploma.— 1271 (3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 1272 REQUIREMENTS.— 1273 (a) Four credits in English Language Arts (ELA).—The four 1274 credits must be in ELA I, II, III, and IV. A student must pass 1275 the statewide, standardized10thgrade 10FCATReading 1276 assessment or, when implemented, theuntil the state transitions1277to a common core 10thgrade 10 ELA assessment, or earn a 1278 concordant score,after which time a student must pass the ELA1279assessmentin order to earn a standard high school diploma. 1280 (b) Four credits in mathematics.—A student must earn one 1281 credit in Algebra I and one credit in Geometry. A student’s 1282 performance on the statewide, standardized Algebra I end-of 1283 course (EOC) assessmentor common core assessment, as1284applicable,constitutes 30 percent of the student’s final course 1285 grade. A student must pass the statewide, standardized Algebra I 1286 EOC assessment, or earn a comparative score,until the state1287transitions to a common core Algebra I assessment after which1288time a student must pass the common core assessmentin order to 1289 earn a standard high school diploma. A student’s performance on 1290 the statewide, standardized Geometry EOC assessmentor common1291core assessment, as applicable,constitutes 30 percent of the 1292 student’s final course grade. IfWhenthe state administers a 1293 statewide, standardizedcommon coreAlgebra II assessment, a 1294 student selecting Algebra II must take the assessment, and the 1295 student’s performance on the assessment constitutes 30 percent 1296 of the student’s final course grade. A student who earns an 1297 industry certification for which there is a statewide college 1298 credit articulation agreement approved by the State Board of 1299 Education may substitute the certification for one mathematics 1300 credit. Substitution may occur for up to two mathematics 1301 credits, except for Algebra I and Geometry.Industry1302certification courses that lead to college credit may substitute1303for up to two math credits.1304 (c) Three credits in science.—Two of the three required 1305 credits must have a laboratory component. A student must earn 1306 one credit in Biology I and two credits in equally rigorous 1307 courses. The statewide, standardized Biology I EOC assessment 1308 constitutes 30 percent of the student’s final course grade. A 1309 student who earns an industry certification for which there is a 1310 statewide college credit articulation agreement approved by the 1311 State Board of Education may substitute the certification for 1312 one science credit, except for Biology I.Industry certification1313courses that lead to college credit may substitute for up to one1314science credit.1315 (f) One credit in physical education.—Physical education 1316 must include the integration of health. Participation in an 1317 interscholastic sport at the junior varsity or varsity level for 1318 two full seasons shall satisfy the one-credit requirement in 1319 physical education if the student passes a competency test on 1320 personal fitness with a score of “C” or better. The competency 1321 test on personal fitness developed by the Department of 1322 Education must be used. A district school board may not require 1323 that the one credit in physical education be taken during the 1324 9th grade year. Completion of one semester with a grade of “C” 1325 or better in a marching band class, in a physical activity class 1326 that requires participation in marching band activities as an 1327 extracurricular activity, or in a dance class shall satisfy one 1328 half credit in physical education or one-half credit in 1329 performing arts. This credit may not be used to satisfy the 1330 personal fitness requirement or the requirement for adaptive 1331 physical education under an individual education plan (IEP) or 1332 504 plan. Completion of 2 years in a Reserve Officer Training 1333 Corps (R.O.T.C.) class, a significant component of which is 1334 drills, shall satisfy the one–credit requirement in physical 1335 education and the one-credit requirement in performing arts. 1336 This credit may not be used to satisfy the personal fitness 1337 requirement or the requirement for adaptive physical education 1338 under an IEP or 504 plan.This requirement is subject to all of1339the provisions in s. 1003.428(2)(a)6.1340 (4) ONLINE COURSE REQUIREMENT.—Excluding a driver education1341course,At least one course within the 24 credits required under 1342 this section must be completed through online learning. 1343 Beginning with students entering grade 9 in the 2013-2014 school 1344 year, the required online course may not be a driver education 1345 course. A school district may not require a student to take the 1346 online course outside the school day or in addition to a 1347 student’s courses for a given semester. An online course taken 1348 in grade 6, grade 7, or grade 8 fulfills this requirement. This 1349 requirement is met through an online course offered by the 1350 Florida Virtual School, a virtual education provider approved by 1351 the State Board of Education, a high school, or an online dual 1352 enrollment course. A student who is enrolled in a full-time or 1353 part-time virtual instruction program under s. 1002.45 meets 1354 this requirement. This requirement does not apply to a student 1355 who has an individual education plan under s. 1003.57 which 1356 indicates that an online course would be inappropriate or to an 1357 out-of-state transfer student who is enrolled in a Florida high 1358 school and has 1 academic year or less remaining in high school. 1359 (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.— 1360 (a) Each year a student scores Level 1 or Level 2 on the 1361 statewide, standardized9thgrade 9 or10thgrade 10FCAT1362 Reading assessment or, when implemented, the9thgrade 9,10th1363 grade 10, or11thgrade 11 ELA assessmentcommon core English1364Language Arts (ELA) assessments, the student must be enrolled in 1365 and complete an intensive remedial course the following year or 1366 be placed in a content area course that includes remediation of 1367 skills not acquired by the student. 1368 (b) Each year a student scores Level 1 or Level 2 on the 1369 statewide, standardized Algebra I EOC assessment,or upon1370transition to the common core Algebra I assessment,the student 1371 must be enrolled in and complete an intensive remedial course 1372 the following year or be placed in a content area course that 1373 includes remediation of skills not acquired by the student. 1374 (7) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.— 1375 (a) A student who earns a cumulative grade point average 1376 (GPA) of 2.0 on a 4.0 scale and meets the requirements of this 1377 section or s. 1002.3105(5) shall be awarded a standard high 1378 school diploma in a form prescribed by the State Board of 1379 Education. 1380 (b) An adult student in an adult general education program 1381 as provided under s. 1004.93 shall be awarded a standard high 1382 school diploma if the student meets the requirements of this 1383 section or s. 1002.3105(5), except that: 1384 1. One elective credit may be substituted for the one 1385 credit requirement in fine or performing arts, speech and 1386 debate, or practical arts. 1387 2. The requirement that two of the science credits include 1388 a laboratory component may be waived by the district school 1389 board. 1390 3. The one credit in physical education may be substituted 1391 with an elective credit.Notwithstanding any other law to the1392contrary, all students enrolled in high school as of the 201213932013 school year who earned a passing grade in Biology I or1394geometry before the 2013-2014 school year shall be awarded a1395credit in that course if the student passed the course. The1396student’s performance on the EOC assessment is not required to1397constitute 30 percent of the student’s final course grade.1398 (c) A student who earnsfails to earnthe required 24 1399 credits, or the required 18 credits under s. 1002.3105(5), but 1400 fails to pass the assessments required under s. 1008.22(3) or 1401 achieve a 2.0 GPA shall be awarded a certificate of completion 1402 in a form prescribed by the State Board of Education. However, a 1403 student who is otherwise entitled to a certificate of completion 1404 may elect to remain in high school either as a full-time student 1405 or a part-time student for up to 1 additional year and receive 1406 special instruction designed to remedy his or her identified 1407 deficiencies. 1408 (8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with 1409 the 2012-2013 school year, if a student transfers to a Florida 1410 public high school from out of country, out of state, a private 1411 school, or a home education program and the student’s transcript 1412 shows amathematicscredit in Algebra Ia course that requires1413passage of a statewide, standardized assessment in order to earn1414a standard high school diploma, the student must pass the 1415 statewide, standardized Algebra I EOC assessment in order to 1416 earn a standard high school diploma unless the student earned a 1417 comparative scorepursuant to s. 1008.22, passed a statewide 1418 assessment in Algebra Ithat subjectadministered by the 1419 transferring entity, or passed the statewide mathematics 1420 assessment the transferring entity uses to satisfy the 1421 requirements of the Elementary and Secondary Education Act, 20 1422 U.S.C. s. 6301. If a student’s transcript shows a credit in high 1423 school reading or English Language Arts II or III, in order to 1424 earn a standard high school diploma, the student must take and 1425 pass the statewide, standardized grade 10FCATReading 1426 assessment or, when implemented, the grade 10 ELA assessment, or 1427 earn a concordant scoreon the SAT or ACT as specified by state1428board rule or, when the state transitions to common coreEnglish1429Language Arts assessments, earn a passing score on the English1430Language Arts assessment as required under this section. If a 1431 transfer student’s transcript shows a final course grade and 1432 course credit in Algebra I, Geometry, Biology I, or United 1433 States History, the transferring course final grade and credit 1434 shall be honored without the student taking the requisite 1435 statewide, standardized EOC assessment and without the 1436 assessment results constituting 30 percent of the student’s 1437 final course grade. 1438 (9) CAREER EDUCATION COURSES THAT SATISFY HIGH SCHOOL 1439 CREDIT REQUIREMENTS.— 1440 (a) Participation in career education courses engages 1441 students in their high school education, increases academic 1442 achievement, enhances employability, and increases postsecondary 1443 success. By July 1, 2014, the department shall develop, for 1444 approval by the State Board of Education, multiple, additional 1445 career education courses or a series of courses that meet the 1446 requirements set forth in s. 1003.493(2), (4), and (5) and this 1447 subsection and allow students to earn credit in both the career 1448 education course and courses required for high school graduation 1449 under this section and s.ss. 1003.428 and1003.4281. 1450 1. The state board must determine if sufficient academic 1451 standards are covered to warrant the award of academic credit. 1452 2. Career education courses must include workforce and 1453 digital literacy skills and the integration of required course 1454 content with practical applications and designated rigorous 1455 coursework that results in one or more industry certifications 1456 or clearly articulated credit or advanced standing in a 2-year 1457 or 4-year certificate or degree program, which may include high 1458 school junior and senior year work-related internships or 1459 apprenticeships. The department shall negotiate state licenses 1460 for material and testing for industry certifications. The 1461 instructional methodology used in these courses must be 1462 comprised of authentic projects, problems, and activities for 1463 contextually learning the academics. 1464 (c) Regional consortium service organizations established 1465 pursuant to s. 1001.451 shall work with school districts, local 1466 workforce boards, postsecondary institutions, and local business 1467 and industry leaders to create career education courses that 1468 meet the requirements set forth in s. 1003.493(2), (4), and (5) 1469 and this subsection that students can take to earn required high 1470 school course credits. The regional consortium shall submit 1471 course recommendations to the department, on behalf of the 1472 consortium member districts, for state board approval. A strong 1473 emphasis should be placed on online coursework, digital 1474 literacy, and workforce literacy as defined in s. 1004.02(26) 14751004.02(27). For purposes of providing students the opportunity 1476 to earn industry certifications, consortiums must secure the 1477 necessary site licenses and testing contracts for use by member 1478 districts. 1479 (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The 1480 requirements of this section, in addition to applying to 1481 students entering grade 9 in the 2013-2014 school year and 1482 thereafter, shall also apply to students entering grade 9 before 1483 the 2013-2014 school year, except as otherwise provided in this 1484 subsection. 1485 (a) A student entering grade 9 before the 2010-2011 school 1486 year must earn: 1487 1. Four credits in English/ELA. A student must pass the 1488 statewide, standardized grade 10 Reading assessment, or earn a 1489 concordant score, in order to graduate with a standard high 1490 school diploma. 1491 2. Four credits in mathematics, which must include Algebra 1492 I. A student must pass grade 10 FCAT Mathematics, or earn a 1493 concordant score, in order to graduate with a standard high 1494 school diploma. A student who takes Algebra I or Geometry after 1495 the 2010-2011 school year must take the statewide, standardized 1496 EOC assessment for the course but is not required to pass the 1497 assessment in order to earn course credit. A student’s 1498 performance on the Algebra I or Geometry EOC assessment is not 1499 required to constitute 30 percent of the student’s final course 1500 grade. A student who earns an industry certification for which 1501 there is a statewide college credit articulation agreement 1502 approved by the State Board of Education may substitute the 1503 certification for one mathematics credit. Substitution may occur 1504 for up to two mathematics credits, except for Algebra I. 1505 3. Three credits in science, two of which must have a 1506 laboratory component. A student who takes Biology I after the 1507 2010-2011 school year must take the statewide, standardized 1508 Biology I EOC assessment but is not required to pass the 1509 assessment in order to earn course credit. A student’s 1510 performance on the assessment is not required to constitute 30 1511 percent of the student’s final course grade. A student who earns 1512 an industry certification for which there is a statewide college 1513 credit articulation agreement approved by the State Board of 1514 Education may substitute the certification for one science 1515 credit. 1516 4. Three credits in social studies of which one credit in 1517 World History, one credit in United States History, one-half 1518 credit in United States Government, and one-half credit in 1519 economics is required. A student who takes United States History 1520 after the 2011-2012 school year must take the statewide, 1521 standardized United States History EOC assessment but the 1522 student’s performance on the assessment is not required to 1523 constitute 30 percent of the student’s final course grade. 1524 5. One credit in fine or performing arts, speech and 1525 debate, or practical arts as provided in paragraph (3)(e). 1526 6. One credit in physical education as provided in 1527 paragraph (3)(f). 1528 7. Eight credits in electives. 1529 (b) A student entering grade 9 in the 2010-2011 school year 1530 must earn: 1531 1. Four credits in English/ELA. A student must pass the 1532 statewide, standardized grade 10 Reading assessment, or earn a 1533 concordant score, in order to graduate with a standard high 1534 school diploma. 1535 2. Four credits in mathematics, which must include Algebra 1536 I and Geometry. The statewide, standardized Algebra I EOC 1537 assessment constitutes 30 percent of the student’s final course 1538 grade. A student who takes Algebra I or Geometry after the 2010 1539 2011 school year must take the statewide, standardized EOC 1540 assessment for the course but is not required to pass the 1541 assessment in order to earn course credit. A student’s 1542 performance on the Geometry EOC assessment is not required to 1543 constitute 30 percent of the student’s final course grade. A 1544 student who earns an industry certification for which there is a 1545 statewide college credit articulation agreement approved by the 1546 State Board of Education may substitute the certification for 1547 one mathematics credit. Substitution may occur for up to two 1548 mathematics credits, except for Algebra I and Geometry. 1549 3. Three credits in science, two of which must have a 1550 laboratory component. A student who takes Biology I after the 1551 2010-2011 school year must take the statewide, standardized 1552 Biology I EOC assessment but is not required to pass the 1553 assessment in order to earn course credit. A student’s 1554 performance on the assessment is not required to constitute 30 1555 percent of the student’s final course grade. A student who earns 1556 an industry certification for which there is a statewide college 1557 credit articulation agreement approved by the State Board of 1558 Education may substitute the certification for one science 1559 credit, except for Biology I. 1560 4. Three credits in social studies of which one credit in 1561 World History, one credit in United States History, one-half 1562 credit in United States Government, and one-half credit in 1563 economics is required. A student who takes United States History 1564 after the 2011-2012 school year must take the statewide, 1565 standardized United States History EOC assessment but the 1566 student’s performance on the assessment is not required to 1567 constitute 30 percent of the student’s final course grade. 1568 5. One credit in fine or performing arts, speech and 1569 debate, or practical arts as provided in paragraph (3)(e). 1570 6. One credit in physical education as provided in 1571 paragraph (3)(f). 1572 7. Eight credits in electives. 1573 (c) A student entering grade 9 in the 2011-2012 school year 1574 must earn: 1575 1. Four credits in English/ELA. A student must pass the 1576 statewide, standardized grade 10 Reading assessment, or earn a 1577 concordant score, in order to graduate with a standard high 1578 school diploma. 1579 2. Four credits in mathematics, which must include Algebra 1580 I and Geometry. A student who takes Algebra I after the 2010 1581 2011 school year must pass the statewide, standardized Algebra I 1582 EOC assessment, or earn a comparative score, in order to earn a 1583 standard high school diploma. A student who takes Algebra I or 1584 Geometry after the 2010-2011 school year must take the 1585 statewide, standardized EOC assessment but is not required to 1586 pass the Algebra I or Geometry EOC assessment in order to earn 1587 course credit. A student’s performance on the Algebra I or 1588 Geometry EOC assessment is not required to constitute 30 percent 1589 of the student’s final course grade. A student who earns an 1590 industry certification for which there is a statewide college 1591 credit articulation agreement approved by the State Board of 1592 Education may substitute the certification for one mathematics 1593 credit. Substitution may occur for up to two mathematics 1594 credits, except for Algebra I and Geometry. 1595 3. Three credits in science, two of which must have a 1596 laboratory component. One of the science credits must be Biology 1597 I. A student who takes Biology I after the 2010-2011 school year 1598 must take the statewide, standardized Biology I EOC assessment 1599 but is not required to pass the assessment in order to earn 1600 course credit. A student’s performance on the assessment is not 1601 required to constitute 30 percent of the student’s final course 1602 grade. A student who earns an industry certification for which 1603 there is a statewide college credit articulation agreement 1604 approved by the State Board of Education may substitute the 1605 certification for one science credit, except for Biology I. 1606 4. Three credits in social studies of which one credit in 1607 World History, one credit in United States History, one-half 1608 credit in United States Government, and one-half credit in 1609 economics is required. A student who takes United States History 1610 after the 2011-2012 school year student must take the statewide, 1611 standardized United States History EOC assessment but the 1612 student’s performance on the assessment is not required to 1613 constitute 30 percent of the student’s final course grade. 1614 5. One credit in fine or performing arts, speech and 1615 debate, or practical arts as provided in paragraph (3)(e). 1616 6. One credit in physical education as provided in 1617 paragraph (3)(f). 1618 7. Eight credits in electives. 1619 8. One online course as provided in subsection (4). 1620 (d) A student entering grade 9 in the 2012-2013 school year 1621 must earn: 1622 1. Four credits in English/ELA. A student must pass the 1623 statewide, standardized grade 10 Reading assessment, or earn a 1624 concordant score, in order to graduate with a standard high 1625 school diploma. 1626 2. Four credits in mathematics, which must include Algebra 1627 I and Geometry. A student who takes Algebra I after the 2010 1628 2011 school year must pass the statewide, standardized Algebra I 1629 EOC assessment, or earn a comparative score, in order to earn a 1630 standard high school diploma. A student who takes Geometry after 1631 the 2010-2011 school year must take the statewide, standardized 1632 Geometry EOC assessment. A student is not required to pass the 1633 statewide, standardized EOC assessment in Algebra I or Geometry 1634 in order to earn course credit. A student’s performance on the 1635 Algebra I or Geometry EOC assessment is not required to 1636 constitute 30 percent of the student’s final course grade. A 1637 student who earns an industry certification for which there is a 1638 statewide college credit articulation agreement approved by the 1639 State Board of Education may substitute the certification for 1640 one mathematics credit. Substitution may occur for up to two 1641 mathematics credits, except for Algebra I and Geometry. 1642 3. Three credits in science, two of which must have a 1643 laboratory component. One of the science credits must be Biology 1644 I. A student who takes Biology I after the 2010-2011 school year 1645 must take the statewide, standardized Biology I EOC assessment 1646 but is not required to pass the assessment to earn course 1647 credit. A student’s performance on the assessment is not 1648 required to constitute 30 percent of the student’s final course 1649 grade. A student who earns an industry certification for which 1650 there is a statewide college credit articulation agreement 1651 approved by the State Board of Education may substitute the 1652 certification for one science credit, except for Biology I. 1653 4. Three credits in social studies of which one credit in 1654 World History, one credit in United States History, one-half 1655 credit in United States Government, and one-half credit in 1656 economics is required. The statewide, standardized United States 1657 History EOC assessment constitutes 30 percent of the student’s 1658 final course grade. 1659 5. One credit in fine or performing arts, speech and 1660 debate, or practical arts as provided in paragraph (3)(e). 1661 6. One credit in physical education as provided in 1662 paragraph (3)(f). 1663 7. Eight credits in electives. 1664 8. One online course as provided in subsection (4). 1665 (e) Policy adopted in rule by the district school board may 1666 require for any cohort of students that performance on a 1667 statewide, standardized EOC assessment constitute 30 percent of 1668 a student’s final course grade. 1669 (f) This subsection is repealed July 1, 2020. 1670 Section 41. Subsection (1) of section 1003.4285, Florida 1671 Statutes, is amended to read: 1672 1003.4285 Standard high school diploma designations.— 1673 (1) Each standard high school diploma shall include, as 1674 applicable, the following designations if the student meets the 1675 criteria set forth for the designation: 1676 (a) Scholar designation.—In addition to the requirements of 1677 s.ss. 1003.428 and1003.4282,as applicable,in order to earn 1678 the Scholar designation, a student must satisfy the following 1679 requirements: 1680 1. English Language Arts (ELA).—When implementedthe state1681transitions to common core assessments, pass the statewide, 1682 standardized11thgrade 11 ELAcommon coreassessment. 1683 2. Mathematics.—Earn one credit in Algebra II and one 1684 credit in statistics or an equally rigorous course. When 1685 implementedthe state transitions to common core assessments, 1686 students must pass the statewide, standardized Algebra IIcommon1687coreassessment. Beginning with students entering grade 9 in the 1688 2014-2015 school year, a student must also pass the statewide, 1689 standardized Geometry end-of-course (EOC) assessment. 1690 3. Science.—Pass the statewide, standardized Biology I EOC 1691end-of-courseassessment and earn one credit in chemistry or 1692 physics and one credit in a course equally rigorous to chemistry 1693 or physics. However, a student enrolled in an Advanced Placement 1694 (AP), International Baccalaureate (IB), or Advanced 1695 International Certificate of Education (AICE) Biology course who 1696 takes the respective AP, IB, or AICE Biology assessment and 1697 earns the minimum score necessary to earn college credit as 1698 identified pursuant to s. 1007.27(2) meets the requirement of 1699 this subparagraph without having to take the statewide, 1700 standardized Biology I EOC assessment. 1701 4. Social studies.—Pass the statewide, standardized United 1702 States History EOCend-of-courseassessment. However, a student 1703 enrolled in an AP, IB, or AICE course that includes United 1704 States History topics who takes the respective AP, IB, or AICE 1705 assessment and earns the minimum score necessary to earn college 1706 credit as identified pursuant to s. 1007.27(2) meets the 1707 requirement of this subparagraph without having to take the 1708 statewide, standardized United States History EOC assessment. 1709 5. Foreign language.—Earn two credits in the same foreign 1710 language. 1711 6. Electives.—Earn at least one credit in an Advanced 1712 Placement, an International Baccalaureate, an Advanced 1713 International Certificate of Education, or a dual enrollment 1714 course. 1715 (b) Merit designation.—In addition to the requirements of 1716 s.ss. 1003.428 and1003.4282,as applicable,in order to earn 1717 the Merit designation, a student must attain one or more 1718 industry certifications from the list established under s. 1719 1003.492. 1720 Section 42. Section 1003.438, Florida Statutes, is amended 1721 to read: 1722 1003.438 Special high school graduation requirements for 1723 certain exceptional students.—A student who has been identified, 1724 in accordance with rules established by the State Board of 1725 Education, as a student with disabilities who has an 1726 intellectual disability; an autism spectrum disorder; a language 1727 impairment; an orthopedic impairment; an other health 1728 impairment; a traumatic brain injury; an emotional or behavioral 1729 disability; a specific learning disability, including, but not 1730 limited to, dyslexia, dyscalculia, or developmental aphasia; or 1731 students who are deaf or hard of hearing or dual sensory 1732 impaired shall not be required to meet all requirements of s. 1733 1002.3105(5), s. 1003.4281,1003.428or s. 1003.4282 and shall, 1734 upon meeting all applicable requirements prescribed by the 1735 district school board pursuant to s. 1008.25, be awarded a 1736 special diploma in a form prescribed by the commissioner; 1737 however, such special graduation requirements prescribed by the 1738 district school board must include minimum graduation 1739 requirements as prescribed by the commissioner. Any such student 1740 who meets all special requirements of the district school board, 1741 but is unable to meet the appropriate special state minimum 1742 requirements, shall be awarded a special certificate of 1743 completion in a form prescribed by the commissioner. However, 1744 this section does not limit or restrict the right of an 1745 exceptional student solely to a special diploma or special 1746 certificate of completion. Any such student shall, upon proper 1747 request, be afforded the opportunity to fully meet all 1748 requirements of s. 1002.3105(5), s. 1003.4281,1003.428or s. 1749 1003.4282 through the standard procedures established therein 1750 and thereby to qualify for a standard diploma upon graduation. 1751 Section 43. Subsection (5) of section 1003.451, Florida 1752 Statutes, is repealed. 1753 Section 44. Subsection (1) of section 1003.49, Florida 1754 Statutes, is amended to read: 1755 1003.49 Graduation and promotion requirements for publicly 1756 operated schools.— 1757 (1) Each state or local public agency, including the 1758 Department of Children and Family Services, the Department of 1759 Corrections, the boards of trustees of universities and Florida 1760 College System institutions, and the Board of Trustees of the 1761 Florida School for the Deaf and the Blind, which agency is 1762 authorized to operate educational programs for students at any 1763 level of grades kindergarten through 12, shall be subject to all 1764 applicable requirements of ss. 1002.3105(5), 1003.4281, 1765 1003.42821003.428, 1003.429, 1008.23, and 1008.25. Within the 1766 content of these cited statutes each such state or local public 1767 agency or entity shall be considered a “district school board.” 1768 Section 45. Paragraph (e) of subsection (4) of section 1769 1003.493, Florida Statutes, is amended to read: 1770 1003.493 Career and professional academies and career 1771 themed courses.— 1772 (4) Each career and professional academy and secondary 1773 school providing a career-themed course must: 1774 (e) Deliver academic content through instruction relevant 1775 to the career, including intensive reading and mathematics 1776 intervention required by s. 1003.42821003.428, with an emphasis 1777 on strengthening reading for information skills. 1778 Section 46. Subsection (2) of section 1003.4935, Florida 1779 Statutes, is amended to read: 1780 1003.4935 Middle grades career and professional academy 1781 courses and career-themed courses.— 1782 (2) Each middle grades career and professional academy or 1783 career-themed course must be aligned with at least one high 1784 school career and professional academy or career-themed course 1785 offered in the district and maintain partnerships with local 1786 business and industry and economic development boards. Middle 1787 grades career and professional academies and career-themed 1788 courses must: 1789 (a) Lead to careers in occupations designated as high 1790 skill, high-wage, and high-demand in the Industry Certification 1791 Funding List approved under rules adopted by the State Board of 1792 Education; 1793 (b) Integrate content from core subject areas; 1794 (c) Integrate career and professional academy or career 1795 themed course content with intensive reading, English Language 1796 Arts, and mathematics pursuant to s.ss. 1003.428 and1003.4282; 1797 (d) Coordinate with high schools to maximize opportunities 1798 for middle grades students to earn high school credit; 1799 (e) Provide access to virtual instruction courses provided 1800 by virtual education providers legislatively authorized to 1801 provide part-time instruction to middle grades students. The 1802 virtual instruction courses must be aligned to state curriculum 1803 standards for middle grades career and professional academy 1804 courses or career-themed courses, with priority given to 1805 students who have required course deficits; 1806 (f) Provide instruction from highly skilled professionals 1807 who hold industry certificates in the career area in which they 1808 teach; 1809 (g) Offer externships; and 1810 (h) Provide personalized student advisement that includes a 1811 parent-participation component. 1812 Section 47. Paragraph (a) of subsection (1) of section 1813 1003.57, Florida Statutes, is amended to read: 1814 1003.57 Exceptional students instruction.— 1815 (1)(a) For purposes of providing exceptional student 1816 instruction under this section: 1817 1. A school district shall use the following terms to 1818 describe the instructional setting for a student with a 1819 disability, 6 through 21 years of age, who is not educated in a 1820 setting accessible to all children who are together at all 1821 times: 1822 a. “Exceptional student education center” or “special day 1823 school” means a separate public school to which nondisabled 1824 peers do not have access. 1825 b. “Other separate environment” means a separate private 1826 school, residential facility, or hospital or homebound program. 1827 c. “Regular class” means a class in which a student spends 1828 80 percent or more of the school week with nondisabled peers. 1829 d. “Resource room” means a classroom in which a student 1830 spends between 40 percent to 80 percent of the school week with 1831 nondisabled peers. 1832 e. “Separate class” means a class in which a student spends 1833 less than 40 percent of the school week with nondisabled peers. 1834 2. A school district shall use the term “inclusion” to mean 1835 that a student is receiving education in a general education 1836 regular class setting, reflecting natural proportions and age 1837 appropriate heterogeneous groups in core academic and elective 1838 or special areas within the school community; a student with a 1839 disability is a valued member of the classroom and school 1840 community; the teachers and administrators support universal 1841 education and have knowledge and support available to enable 1842 them to effectively teach all children; and a teacherstudentis 1843 provided access to technical assistance in best practices, 1844 instructional methods, and supports tailored to the student’s 1845 needs based on current research. 1846 Section 48. Paragraph (a) of subsection (1) of section 1847 1003.621, Florida Statutes, is amended to read: 1848 1003.621 Academically high-performing school districts.—It 1849 is the intent of the Legislature to recognize and reward school 1850 districts that demonstrate the ability to consistently maintain 1851 or improve their high-performing status. The purpose of this 1852 section is to provide high-performing school districts with 1853 flexibility in meeting the specific requirements in statute and 1854 rules of the State Board of Education. 1855 (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.— 1856 (a) A school district is an academically high-performing 1857 school district if it meets the following criteria: 1858 1.a.Beginning with the 2004-2005 school year,Earns a 1859 grade of “A” under s. 1008.34(7) for 2 consecutive years; and 1860 b. Has no district-operated school that earns a grade of 1861 “F” under s. 1008.34; 1862 2. Complies with all class size requirements in s. 1, Art. 1863 IX of the State Constitution and s. 1003.03; and 1864 3. Has no material weaknesses or instances of material 1865 noncompliance noted in the annual financial audit conducted 1866 pursuant to s. 11.45 or s. 218.39. 1867 1868 However, a district in which a district-operated school earns a 1869 grade of “F” under s. 1008.34 during the 3-year period may not 1870 continue to be designated as an academically high-performing 1871 school district during the remainder of that 3-year period. The 1872 district must meet the criteria in paragraph (a) in order to be 1873 redesignated as an academically high-performing school district. 1874 Section 49. Subsection (4) of section 1004.02, Florida 1875 Statutes, is repealed. 1876 Section 50. Section 1004.0961, Florida Statutes, is amended 1877 to read: 1878 1004.0961 Credit for online courses.—Beginning in the 2015 1879 2016 school year, the State Board of Education shall adopt rules 1880 and the Board of Governors shall adopt regulationsrulesthat 1881 enable students to earn academic credit for online courses, 1882 including massive open online courses, beforeprior toinitial 1883 enrollment at a postsecondary institution. The rules of the 1884 State Board of Education and regulationsrulesof the Board of 1885 Governors must include procedures for credential evaluation and 1886 the award of credit, including, but not limited to, 1887 recommendations for credit by the American Council on Education; 1888 equivalency and alignment of coursework with appropriate 1889 courses; course descriptions; type and amount of credit that may 1890 be awarded; and transfer of credit. 1891 Section 51. Section 1004.3825, Florida Statutes, is 1892 repealed. 1893 Section 52. Section 1004.387, Florida Statutes, is 1894 repealed. 1895 Section 53. Subsection (2) of section 1004.445, Florida 1896 Statutes, is repealed. 1897 Section 54. Section 1004.75, Florida Statutes, is repealed. 1898 Section 55. Subsections (1), (2), and (7) of section 1899 1004.935, Florida Statutes, are amended to read: 1900 1004.935 Adults with Disabilities Workforce Education Pilot 1901 Program.— 1902 (1) The Adults with Disabilities Workforce Education Pilot 1903 Program is established in the Department of Education through 1904 June 30, 2016,for 2 yearsin Hardee, DeSoto, Manatee, and 1905 Sarasota Counties to provide the option of receiving a 1906 scholarship for instruction at private schools for up to 30 1907 students who: 1908 (a) Have a disability; 1909 (b) Are 22 years of age; 1910 (c) Are receiving instruction from an instructor in a 1911 private school to meet the high school graduation requirements 1912 in s. 1002.3105(5)1003.428or s. 1003.4282; 1913 (d) Do not have a standard high school diploma or a special 1914 high school diploma; and 1915 (e) Receive “supported employment services,” which means 1916 employment that is located or provided in an integrated work 1917 setting with earnings paid on a commensurate wage basis and for 1918 which continued support is needed for job maintenance. 1919 1920 As used in this section, the term “student with a disability” 1921 includes a student who is documented as having an intellectual 1922 disability; a speech impairment; a language impairment; a 1923 hearing impairment, including deafness; a visual impairment, 1924 including blindness; a dual sensory impairment; an orthopedic 1925 impairment; another health impairment; an emotional or 1926 behavioral disability; a specific learning disability, 1927 including, but not limited to, dyslexia, dyscalculia, or 1928 developmental aphasia; a traumatic brain injury; a developmental 1929 delay; or autism spectrum disorder. 1930 (2) A student participating in the pilot program may 1931 continue to participate in the program until the student 1932 graduates from high school or reaches the age of 4030years, 1933 whichever occurs first. 1934 (7) Funds for the scholarship shall be provided from the 1935 appropriation from the school district’s Workforce Development 1936 Fund in the General Appropriations Act for students who reside 1937 in the Hardee County School District, the DeSoto County School 1938 District, the Manatee County School District, or the Sarasota 1939 County School District. During the2-yearpilot program, the 1940 scholarship amount granted for an eligible student with a 1941 disability shall be equal to the cost per unit of a full-time 1942 equivalent adult general education student, multiplied by the 1943 adult general education funding factor, and multiplied by the 1944 district cost differential pursuant to the formula required by 1945 s. 1011.80(6)(a) for the district in which the student resides. 1946 Section 56. Section 1006.141, Florida Statutes, is 1947 repealed. 1948 Section 57. Subsections (4), (5), and (8) of section 1949 1006.147, Florida Statutes, are amended to read: 1950 1006.147 Bullying and harassment prohibited.— 1951 (4)By December 1, 2008,Each school district shall adopt a 1952 policy prohibiting bullying and harassment of aanystudent or 1953 employee of a public K-12 educational institution. Each school 1954 district’s policy shall be in substantial conformity with the 1955 Department of Education’s model policymandated in subsection1956(5). The school district bullying and harassment policy shall 1957 afford all students the same protection regardless of their 1958 status under the law. The school district may establish separate 1959 discrimination policies that include categories of students. The 1960 school district shall involve students, parents, teachers, 1961 administrators, school staff, school volunteers, community 1962 representatives, and local law enforcement agencies in the 1963 process of adopting the policy. The school district policy must 1964 be implemented in a manner that is ongoing throughout the school 1965 year and integrated with a school’s curriculum, a school’s 1966 discipline policies, and other violence prevention efforts. The 1967 school district policy must contain, at a minimum, the following 1968 components: 1969 (a) A statement prohibiting bullying and harassment. 1970 (b) A definition of bullying and a definition of harassment 1971 that include the definitions listed in this section. 1972 (c) A description of the type of behavior expected from 1973 each student and employee of a public K-12 educational 1974 institution. 1975 (d) The consequences for a student or employee of a public 1976 K-12 educational institution who commits an act of bullying or 1977 harassment. 1978 (e) The consequences for a student or employee of a public 1979 K-12 educational institution who is found to have wrongfully and 1980 intentionally accused another of an act of bullying or 1981 harassment. 1982 (f) A procedure for reporting an act of bullying or 1983 harassment, including provisions that permit a person to 1984 anonymously report such an act. However, this paragraph does not 1985 permit formal disciplinary action to be based solely on an 1986 anonymous report. 1987 (g) A procedure for the prompt investigation of a report of 1988 bullying or harassment and the persons responsible for the 1989 investigation. The investigation of a reported act of bullying 1990 or harassment is deemed to be a school-related activity and 1991 begins with a report of such an act. Incidents that require a 1992 reasonable investigation when reported to appropriate school 1993 authorities shall include alleged incidents of bullying or 1994 harassment allegedly committed against a child while the child 1995 is en route to school aboard a school bus or at a school bus 1996 stop. 1997 (h) A process to investigate whether a reported act of 1998 bullying or harassment is within the scope of the district 1999 school system and, if not, a process for referral of such an act 2000 to the appropriate jurisdiction. Computers without web-filtering 2001 software or computers with web-filtering software that is 2002 disabled shall be used when complaints of cyberbullying are 2003 investigated. 2004 (i) A procedure for providing immediate notification to the 2005 parents of a victim of bullying or harassment and the parents of 2006 the perpetrator of an act of bullying or harassment, as well as 2007 notification to all local agencies where criminal charges may be 2008 pursued against the perpetrator. 2009 (j) A procedure to refer victims and perpetrators of 2010 bullying or harassment for counseling. 2011 (k) A procedure for including incidents of bullying or 2012 harassment in the school’s report of data concerning school 2013 safety and discipline required under s. 1006.09(6). The report 2014 must include each incident of bullying or harassment and the 2015 resulting consequences, including discipline and referrals. The 2016 report must include in a separate section each reported incident 2017 of bullying or harassment that does not meet the criteria of a 2018 prohibited act under this section with recommendations regarding 2019 such incidents. The Department of Education shall aggregate 2020 information contained in the reports. 2021 (l) A procedure for providing instruction to students, 2022 parents, teachers, school administrators, counseling staff, and 2023 school volunteers on identifying, preventing, and responding to 2024 bullying or harassment, including instruction on recognizing 2025 behaviors that lead to bullying and harassment and taking 2026 appropriate preventive action based on those observations. 2027 (m) A procedure for regularly reporting to a victim’s 2028 parents the actions taken to protect the victim. 2029 (n) A procedure for publicizing the policy, which must 2030 include its publication in the code of student conduct required 2031 under s. 1006.07(2) and in all employee handbooks. 2032(5) To assist school districts in developing policies2033prohibiting bullying and harassment, the Department of Education2034shall develop a model policy that shall be provided to school2035districts no later than October 1, 2008.2036 (7)(8) Distribution of safe schools funds to a school2037district provided in the 2009-2010 General Appropriations Act is2038contingent upon and payable to the school district upon the2039Department of Education’s approval of the school district’s2040bullying and harassment policy. The department’s approval of2041each school district’s bullying and harassment policy shall be2042granted upon certification by the department that the school2043district’s policy has been submitted to the department and is in2044substantial conformity with the department’s model bullying and2045harassment policy as mandated in subsection (5).Distribution of 2046 safe schools funds provided to a school districtin fiscal year20472010-2011 and thereaftershall be contingent upon and payable to 2048 the school district upon the school district’s compliance with 2049 all reporting procedures contained in this section. 2050 Section 58. Subsection (2) of section 1006.148, Florida 2051 Statutes, is repealed. 2052 Section 59. Paragraph (a) of subsection (3) of section 2053 1006.15, Florida Statutes, is amended to read: 2054 1006.15 Student standards for participation in 2055 interscholastic and intrascholastic extracurricular student 2056 activities; regulation.— 2057 (3)(a) To be eligible to participate in interscholastic 2058 extracurricular student activities, a student must: 2059 1. Maintain a grade point average of 2.0 or above on a 4.0 2060 scale, or its equivalent, in the previous semester or a 2061 cumulative grade point average of 2.0 or above on a 4.0 scale, 2062 or its equivalent, in the courses required by s. 1002.3105(5) 20631003.428or s. 1003.42821003.429. 2064 2. Execute and fulfill the requirements of an academic 2065 performance contract between the student, the district school 2066 board, the appropriate governing association, and the student’s 2067 parents, if the student’s cumulative grade point average falls 2068 below 2.0, or its equivalent, on a 4.0 scale in the courses 2069 required by s. 1002.3105(5)1003.428or s. 1003.42821003.429. 2070 At a minimum, the contract must require that the student attend 2071 summer school, or its graded equivalent, between grades 9 and 10 2072 or grades 10 and 11, as necessary. 2073 3. Have a cumulative grade point average of 2.0 or above on 2074 a 4.0 scale, or its equivalent, in the courses required by s. 2075 1002.3105(5)1003.428or s. 1003.42821003.429during his or her 2076 junior or senior year. 2077 4. Maintain satisfactory conduct, including adherence to 2078 appropriate dress and other codes of student conduct policies 2079 described in s. 1006.07(2). If a student is convicted of, or is 2080 found to have committed, a felony or a delinquent act that would 2081 have been a felony if committed by an adult, regardless of 2082 whether adjudication is withheld, the student’s participation in 2083 interscholastic extracurricular activities is contingent upon 2084 established and published district school board policy. 2085 Section 60. Subsection (1) and paragraph (a) of subsection 2086 (2) of section 1006.28, Florida Statutes, are amended to read: 2087 1006.28 Duties of district school board, district school 2088 superintendent; and school principal regarding K-12 2089 instructional materials.— 2090 (1) DISTRICT SCHOOL BOARD.—The district school board has 2091 the duty to provide adequate instructional materials for all 2092 students in accordance with the requirements of this part. The 2093 term “adequate instructional materials” means a sufficient 2094 number of student or site licenses or sets of materials that are 2095 available in bound, unbound, kit, or package form and may 2096 consist of hardbacked or softbacked textbooks, electronic 2097 content, consumables, learning laboratories, manipulatives, 2098 electronic media, and computer courseware or software that serve 2099 as the basis for instruction for each student in the core 2100 subject areascoursesof mathematics, language arts, social 2101 studies, science, reading, and literature. The district school 2102 board has the following specific duties: 2103 (a) Courses of study; adoption.—Adopt courses of study for 2104 use in the schools of the district. 2105 (b) Instructional materials.—Provide for proper 2106 requisitioning, distribution, accounting, storage, care, and use 2107 of all instructional materials and furnish such other 2108 instructional materials as may be needed.The district school2109board shall ensure thatInstructional materials used must bein2110the district areconsistent with the district goals and 2111 objectives and the course descriptions established in rule of 2112 the State Board of Education, as well as with the applicable 2113 Next Generation Sunshine Stateand district performance2114 Standards provided for in s. 1003.411001.03(1). 2115 (c) Other instructional materials.—Provide such other 2116 teaching accessories and aids as are needed for the school 2117 district’s educational program. 2118 (d) School library media services; establishment and 2119 maintenance.—Establish and maintain a program of school library 2120 media services for all public schools in the district, including 2121 school library media centers, or school library media centers 2122 open to the public, and, in addition such traveling or 2123 circulating libraries as may be needed for the proper operation 2124 of the district school system. 2125 (2) DISTRICT SCHOOL SUPERINTENDENT.— 2126 (a) The district school superintendent has the duty to 2127 recommend such plans for improving, providing, distributing, 2128 accounting for, and caring for instructional materials and other 2129 instructional aids as will result in general improvement of the 2130 district school system, as prescribed in this part, in 2131 accordance with adopted district school board rules prescribing 2132 the duties and responsibilities of the district school 2133 superintendent regarding the requisition, purchase, receipt, 2134 storage, distribution, use, conservation, records, and reports 2135 of, and management practices and property accountability 2136 concerning, instructional materials, and providing for an 2137 evaluation of any instructional materials to be requisitioned 2138 that have not been used previously in the district’s schools. 2139 The district school superintendent must keep adequate records 2140 and accounts for all financial transactions for funds collected 2141 pursuant to subsection (3), as a component of the educational2142service delivery scope in a school district best financial2143management practices review under s. 1008.35. 2144 Section 61. Subsection (2) of section 1006.31, Florida 2145 Statutes, is amended to read: 2146 1006.31 Duties of the Department of Education and school 2147 district instructional materials reviewer.—The duties of the 2148 instructional materials reviewer are: 2149 (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To useevaluate2150carefully all instructional materials submitted, in order to2151ascertain which instructional materials, if any, submitted for2152consideration implementthe selection criteria listed in s. 2153 1006.34(2)(b)developed by the departmentand recommend for 2154 adoption only those instructional materials aligned with the 2155 Next Generation Sunshine Statethose curricular objectives2156included within applicable performanceStandards provided for in 2157 s. 1003.411001.03(1). 2158 (a) When recommending instructional materials for use in 2159 the schools, each reviewer shall include only instructional 2160 materials that accurately portray the ethnic, socioeconomic, 2161 cultural, and racial diversity of our society, including men and 2162 women in professional, career, and executive roles, and the role 2163 and contributions of the entrepreneur and labor in the total 2164 development of this state and the United States. 2165 (b) When recommending instructional materials for use in 2166 the schools, each reviewer shall include only materials that 2167 accurately portray, whenever appropriate, humankind’s place in 2168 ecological systems, including the necessity for the protection 2169 of our environment and conservation of our natural resources and 2170 the effects on the human system of the use of tobacco, alcohol, 2171 controlled substances, and other dangerous substances. 2172 (c) When recommending instructional materials for use in 2173 the schools, each reviewer shall require such materials as he or 2174 she deems necessary and proper to encourage thrift, fire 2175 prevention, and humane treatment of people and animals. 2176 (d) When recommending instructional materials for use in 2177 the schools, each reviewer shall require, when appropriate to 2178 the comprehension of students, that materials for social 2179 science, history, or civics classes contain the Declaration of 2180 Independence and the Constitution of the United States. A 2181 reviewer may not recommend any instructional materials for use 2182 in the schools which contain any matter reflecting unfairly upon 2183 persons because of their race, color, creed, national origin, 2184 ancestry, gender, or occupation. 2185 (e) Any instructional material recommended by each reviewer 2186 for use in the schools shall be, to the satisfaction of each 2187 reviewer, accurate, objective, and current and suited to the 2188 needs and comprehension of students at their respective grade 2189 levels. Reviewers shall consider for adoption materials 2190 developed for academically talented students such as those 2191 enrolled in advanced placement courses. 2192 Section 62. Paragraph (b) of subsection (2) of section 2193 1006.34, Florida Statutes, is amended to read: 2194 1006.34 Powers and duties of the commissioner and the 2195 department in selecting and adopting instructional materials.— 2196 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.— 2197 (b) In the selection of instructional materials, library 2198 media, and other reading material used in the public school 2199 system, the standards used to determine the propriety of the 2200 material shall include: 2201 1. The age of the students who normally could be expected 2202 to have access to the material. 2203 2. The educational purpose to be served by the material.In2204considering instructional materials for classroom use,Priority 2205 shall be given to the selection of materials that align with the 2206 Next Generation Sunshine State Standards as provided for in s. 2207 1003.41which encompass the state and district school board2208performance standards provided for in s. 1001.03(1)andwhich2209 include the instructional objectives contained within the 2210 curriculum frameworks for career and technical education and 2211 adult and adult general education adoptedapprovedby rule of 2212 the State Board of Education under s. 1004.92. 2213 3. The degree to which the material would be supplemented 2214 and explained by mature classroom instruction as part of a 2215 normal classroom instructional program. 2216 4. The consideration of the broad racial, ethnic, 2217 socioeconomic, and cultural diversity of the students of this 2218 state. 2219 2220 Any instructional material containing pornography or otherwise 2221 prohibited by s. 847.012 may not be used or made available 2222 within any public school. 2223 Section 63. Subsection (2) and paragraph (a) of subsection 2224 (3) of section 1006.40, Florida Statutes, are amended, and 2225 subsection (8) is added to that section, to read: 2226 1006.40 Use of instructional materials allocation; 2227 instructional materials, library books, and reference books; 2228 repair of books.— 2229 (2) Each district school board must purchase current 2230 instructional materials to provide each student with a major 2231 tool of instruction in core courses of the subject areas of 2232 mathematics, language arts, science, social studies, reading, 2233 and literature for kindergarten through grade 12. Such purchase 2234 must be made within the first 3 years after the effective date 2235 of the adoption cycle unless a district school board or a 2236 consortium of school districts has implemented an instructional 2237 materials program pursuant to s. 1006.283.For the 2012-20132238mathematics adoption, a district using a comprehensive2239mathematics instructional materials program adopted in the 200922402010 adoption shall be deemed in compliance with this subsection2241if it provides each student with such additional state-adopted2242materials as may be necessary to align the previously adopted2243comprehensive program to common core standards and the other2244criteria of the 2012-2013mathematics adoption.2245 (3)(a) Beginning withBythe 2015-2016 fiscal year, each 2246 district school board shall use at least 50 percent of the 2247 annual allocation for the purchase of digital or electronic 2248 instructional materials that align with state standards included 2249 on the state-adopted list, except as otherwise authorized in 2250 paragraphs (b) and (c).This section does not apply to a2251district school board or a consortium of school districts which2252implements an instructional materials program pursuant to s.22531006.283, except that by the 2015-2016 fiscal year, each2254district school board shall use at least 50 percent of the2255annual allocation for the purchase of digital or electronic2256instructional materials that align with state standards.2257 (8) Subsections (3), (4), and (6) do not apply to a 2258 district school board or a consortium of school districts that 2259 implements an instructional materials program pursuant to s. 2260 1006.283 except that, by the 2015-2016 fiscal year, each 2261 district school board shall use at least 50 percent of the 2262 annual instructional materials allocation for the purchase of 2263 digital or electronic instructional materials that align with 2264 state standards adopted by the State Board of Education pursuant 2265 to s. 1003.41. 2266 Section 64. Section 1006.42, Florida Statutes, is amended 2267 to read: 2268 1006.42 Responsibility of students and parents for 2269 instructional materials.— 2270(1)All instructional materials purchased under the 2271 provisions of this part are the property of the district school 2272 board. When distributed to the students, these instructional 2273 materials are on loan to the students while they are pursuing 2274 their courses of study and are to be returned at the direction 2275 of the school principal or the teacher in charge. Each parent of 2276 a student to whom or for whom instructional materials have been 2277 issued, is liable for any loss or destruction of, or unnecessary 2278 damage to, the instructional materials or for failure of the 2279 student to return the instructional materials when directed by 2280 the school principal or the teacher in charge, and shall pay for 2281 such loss, destruction, or unnecessary damage as provided under 2282 s. 1006.28(3)by law. 2283(2) Nothing in this part shall be construed to prohibit2284parents from exercising their right to purchase instructional2285materials from the district school board.2286 Section 65. Section 1007.02, Florida Statutes, is amended 2287 to read: 2288 1007.02Access to postsecondary education and meaningful2289careers forStudents with disabilities;popular name;2290 definition.— 2291(1) This section shall be known by the popular name the2292“Enhanced New Needed Opportunity for Better Life and Education2293for Students with Disabilities (ENNOBLES) Act.”2294(2)For the purposes of this chapteract, the term “student 2295 with a disability” means aanystudent who is documented as 2296 having an intellectual disability; a hearing impairment, 2297 including deafness; a speech or language impairment; a visual 2298 impairment, including blindness; an emotional or behavioral 2299 disability; an orthopedic or other health impairment; an autism 2300 spectrum disorder; a traumatic brain injury; or a specific 2301 learning disability, including, but not limited to, dyslexia, 2302 dyscalculia, or developmental aphasia. 2303 Section 66. Paragraph (a) of subsection (1) and subsection 2304 (3) of section 1007.2615, Florida Statutes, are amended to read: 2305 1007.2615 American Sign Language; findings; foreign 2306 language credits authorized; teacher licensing.— 2307 (1) LEGISLATIVE FINDINGS; PURPOSE.— 2308 (a) The Legislature finds that: 2309 1. American Sign Language (ASL) is a fully developed 2310 visual-gestural language with distinct grammar, syntax, and 2311 symbols and is one of hundreds of signed languages of the world. 2312 2. ASL is recognized as the language of the American deaf 2313 community and is the fourth most commonly used language in the 2314 United States and Canada. 2315 3. The American deaf community is a group of citizens who 2316 are members of a unique culture who share ASL as their common 2317 language. 23184. Thirty-three state legislatures have adopted legislation2319recognizing ASL as a language that should be taught in schools.2320 (3) DUTIES OF COMMISSIONER OF EDUCATION AND STATE BOARD OF 2321 EDUCATION; LICENSING OF AMERICAN SIGN LANGUAGE TEACHERS; PLAN 2322 FOR POSTSECONDARY EDUCATION PROVIDERS.— 2323(a) The Commissioner of Education shall appoint a seven2324member task force that includes representatives from two state2325universities and one private college or university located2326within this state which currently offer a 4-year deaf education2327or sign language interpretation program as a part of their2328respective curricula, two representatives from the Florida2329American Sign Language Teachers’ Association (FASLTA), and two2330representatives from Florida College System institutions located2331within this state which have established Interpreter Training2332Programs (ITPs). This task force shall develop and submit to the2333Commissioner of Education a report that contains the most up-to2334date information about American Sign Language (ASL) and2335guidelines for developing and maintaining ASL courses as a part2336of the curriculum. This information must be made available to2337any administrator of a public or an independent school upon2338request of the administrator.2339 (a)(b) By January 1, 2005,The State Board of Education 2340 shall adopt rules establishing licensing/certification standards 2341 to be applied to teachers who teach American Sign Language (ASL) 2342ASLas part of a school curriculum.In developing the rules, the2343state board shall consult with the task force established under2344paragraph (a).2345 (b)(c)An ASL teacher must be certified by the Department 2346 of Educationby July 1, 2009. 2347 (c)(d)The Commissioner of Education shall work with 2348 providers of postsecondary education, except for state 2349 universities, to develop and implement a plan to ensure that 2350 these institutions in this state will accept secondary school 2351 credits in ASL as credits in a foreign language and to encourage 2352 postsecondary institutions to offer ASL courses to students as a 2353 fulfillment of the requirement for studying a foreign language. 2354 Section 67. Subsection (4) of section 1007.263, Florida 2355 Statutes, is amended to read: 2356 1007.263 Florida College System institutions; admissions of 2357 students.—Each Florida College System institution board of 2358 trustees is authorized to adopt rules governing admissions of 2359 students subject to this section and rules of the State Board of 2360 Education. These rules shall include the following: 2361 (4) A student who has been awarded a special diploma under 2362as defined ins. 1003.438 or a certificate of completion under 2363as defined ins. 1003.42821003.428(7)(b)is eligible to enroll 2364 in certificate career education programs. 2365 2366 Each board of trustees shall establish policies that notify 2367 students about developmental education options for improving 2368 their communication or computation skills that are essential to 2369 performing college-level work, including tutoring, extended time 2370 in gateway courses, free online courses, adult basic education, 2371 adult secondary education, or private provider instruction. 2372 Section 68. Subsection (1) of section 1007.264, Florida 2373 Statutes, is amended to read: 2374 1007.264 Persons with disabilities; admission to 2375 postsecondary educational institutions; substitute requirements; 2376 rules and regulations.— 2377 (1) AAnystudent with a disability, as defined in s.23781007.02(2),who is otherwise eligible shall be eligible for 2379 reasonable substitution for any requirement for admission into a 2380 public postsecondary educational institution where documentation 2381 can be provided that the person’s failure to meet the admission 2382 requirement is related to the disability. 2383 Section 69. Subsection (1) of section 1007.265, Florida 2384 Statutes, is amended to read: 2385 1007.265 Persons with disabilities; graduation, study 2386 program admission, and upper-division entry; substitute 2387 requirements; rules and regulations.— 2388 (1) AAnystudent with a disability, as defined in s.23891007.02(2),in a public postsecondary educational institution 2390 shall be eligible for reasonable substitution for any 2391 requirement for graduation, for admission into a program of 2392 study, or for entry into the upper division where documentation 2393 can be provided that the person’s failure to meet the 2394 requirement is related to the disability and where failure to 2395 meet the graduation requirement or program admission requirement 2396 does not constitute a fundamental alteration in the nature of 2397 the program. 2398 Section 70. Subsections (2) and (9) of section 1007.271, 2399 Florida Statutes, are amended to read: 2400 1007.271 Dual enrollment programs.— 2401 (2) For the purpose of this section, an eligible secondary 2402 student is a student who is enrolled in any of grades 6 through 2403 12 in a Florida publicsecondaryschool or in a Florida private 2404secondaryschool thatwhichis in compliance with s. 1002.42(2) 2405 and provides a secondary curriculum pursuant tos. 1003.428 or2406 s. 1003.4282. Students who are eligible for dual enrollment 2407 pursuant to this section may enroll in dual enrollment courses 2408 conducted during school hours, after school hours, and during 2409 the summer term. However, if the student is projected to 2410 graduate from high school before the scheduled completion date 2411 of a postsecondary course, the student may not register for that 2412 course through dual enrollment. The student may apply to the 2413 postsecondary institution and pay the required registration, 2414 tuition, and fees if the student meets the postsecondary 2415 institution’s admissions requirements under s. 1007.263. 2416 Instructional time for dual enrollment may vary from 900 hours; 2417 however, the full-time equivalent student membership value shall 2418 be subject to the provisions in s. 1011.61(4). AAnystudent 2419 enrolled as a dual enrollment student is exempt from the payment 2420 of registration, tuition, and laboratory fees. Applied academics 2421 for adult education instruction, developmental education, and 2422 other forms of precollegiate instruction, as well as physical 2423 education courses that focus on the physical execution of a 2424 skill rather than the intellectual attributes of the activity, 2425 are ineligible for inclusion in the dual enrollment program. 2426 Recreation and leisure studies courses shall be evaluated 2427 individually in the same manner as physical education courses 2428 for potential inclusion in the program. 2429 (9) The Commissioner of Education shall appoint faculty 2430 committees representing public school, Florida College System 2431 institution, and university faculties to identify postsecondary 2432 courses that meet the high school graduation requirements ofs.24331003.428 ors. 1003.4282 and to establish the number of 2434 postsecondary semester credit hours of instruction and 2435 equivalent high school credits earned through dual enrollment 2436 pursuant to this section that are necessary to meet high school 2437 graduation requirements. Such equivalencies shall be determined 2438 solely on comparable course content and not on seat time 2439 traditionally allocated to such courses in high school. The 2440 Commissioner of Education shall recommend to the State Board of 2441 Education those postsecondary courses identified to meet high 2442 school graduation requirements, based on mastery of course 2443 outcomes, by their course numbers, and all high schools shall 2444 accept these postsecondary education courses toward meeting the 2445 requirements ofs. 1003.428 ors. 1003.4282. 2446 Section 71. Subsections (3), (7), and (8) of section 2447 1008.22, Florida Statutes, are amended to read: 2448 1008.22 Student assessment program for public schools.— 2449 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 2450 Commissioner of Education shall design and implement a 2451 statewide, standardized assessment program aligned to the core 2452 curricular content established in the Next Generation Sunshine 2453 State Standards. The commissioner also must develop or select 2454 and implement a common battery of assessment tools that will be 2455 used in all juvenile justice education programs in the state. 2456 These tools must accurately measure the core curricular content 2457 established in the Next Generation Sunshine State Standards. 2458 Participation in the assessment program is mandatory for all 2459 school districts and all students attending public schools, 2460 including adult students seeking a standardan adulthigh school 2461 diploma under s. 1003.4282 and students in Department of 2462 Juvenile Justice education programs, except as otherwise 2463 provided by lawprescribed by the commissioner. If a student 2464 does not participate in the assessment program, the school 2465 district must notify the student’s parent and provide the parent 2466 with information regarding the implications of such 2467 nonparticipation. The statewide, standardized assessment program 2468 shall be designed and implemented as follows: 2469 (a) Statewide, standardized comprehensive assessments 2470Florida Comprehensive Assessment Test (FCAT) until replaced by2471common core assessments.—The statewide, standardizedFCAT2472 Reading assessment shall be administered annually in grades 3 2473 through 10. The statewide, standardized Writing assessment shall 2474 be administered annually at least once at the elementary, 2475 middle, and high school levels. When the Reading and Writing 2476 assessments are replaced by English Language Arts (ELA) 2477 assessments, ELA assessments shall be administered to students 2478 in grades 3 through 11. Retake opportunities for the grade 10 2479 Reading assessment or, upon implementation, the grade 10 ELA 2480 assessment must be provided. Students taking the ELA assessments 2481 shall not take the statewide, standardized assessments in 2482 Reading or Writing. ELA assessments shall be administered 2483 online. The statewide, standardized; FCATMathematics 2484 assessments shall be administered annually in grades 3 through 2485 8. Students taking a revised Mathematics assessment shall not 2486 take the discontinued assessment. The statewide, standardized;2487FCAT Writing shall be administered annually at least once at the2488elementary, middle, and high school levels;and FCATScience 2489 assessment shall be administered annually at least once at the 2490 elementary and middle grades levels. In order to earn a standard 2491 high school diploma, a student who has not earned a passing 2492 score on the grade 10FCATReading assessment or, upon 2493 implementation, the grade 10 ELA assessment must earn a passing 2494 score on the assessment retake or earn a concordant score as 2495 authorized under subsection (7)must participate in each retake2496of the assessment until the student earns a passing score. The2497commissioner shall recommend and the State Board of Education2498must adopt a score on both the SAT and ACT that is concordant to2499a passing score on grade 10 FCAT Reading that, if achieved by a2500student, meets the must-pass requirement for grade 10 FCAT2501Reading. 2502 (b) End-of-course (EOC) assessments.—EOC assessments must 2503 be statewide, standardized, and developed or approved by the 2504 Department of Education as follows: 2505 1. Statewide, standardized EOC assessments in mathematics 2506 shall be administered according to this subparagraph. Beginning 2507 with the 2010-2011 school year, all students enrolled in Algebra 2508 I must take the Algebra I EOC assessment. Except as otherwise 2509 provided in paragraph (c)this section, beginning with students 2510 entering grade 9 in the 2011-2012 school year, a student who is 2511 enrolled in Algebra I must earn a passing score on the Algebra I 2512 EOC assessment or attain a comparative score as authorized under 2513 subsection (8) in order to earn a standard high school diploma. 2514 In order to earn a standard high school diploma, a student who 2515 has not earned a passing score on the Algebra I EOC assessment 2516 must earn a passing score on the assessment retake or a 2517 comparative score as authorized under subsection (8)must2518participate in each retake of the assessment until the student2519earns a passing score. Beginning with the 2011-2012 school year, 2520 all students enrolled in Geometry must take the Geometry EOC 2521 assessment. Middle grades students enrolled in Algebra I,or2522 Geometry, or Biology I must take the statewide, standardized EOC 2523 assessment for those courses and shallarenotrequired totake 2524 the corresponding subject and grade-level statewide, 2525 standardized assessmentFCAT. When a statewide, standardized EOC 2526 assessment in Algebra II is administered, all students enrolled 2527 in Algebra II must take the EOC assessment. Pursuant to the 2528 commissioner’s implementation schedule, student performance on 2529 the Algebra II EOC assessment constitutes 30 percent of a 2530 student’s final course grade. 2531 2. Statewide, standardized EOC assessments in science shall 2532 be administered according to this subparagraph. Beginning with 2533 the 2011-2012 school year, all students enrolled in Biology I 2534 must take the Biology I EOC assessment. Beginning with students 2535 entering grade 9 in the 2013-2014 school year, performance on 2536 the Biology I EOC assessment constitutes 30 percent of the 2537 student’s final course grade. 2538 3.During the 2012-2013 school year, an EOC assessment in2539civics education shall be administered as a field test at the2540middle grades level.Beginning with the 2013-2014 school year, 2541 each student’s performance on the statewide, standardized middle 2542 grades Civics EOC assessmentin civics educationconstitutes 30 2543 percent of the student’s final course grade in civics education. 2544 4. The commissioner may select one or more nationally 2545 developed comprehensive examinations, which may include 2546 examinations for a College Board Advanced Placement course, 2547 International Baccalaureate course, or Advanced International 2548 Certificate of Education course, or industry-approved 2549 examinations to earn national industry certifications identified 2550 in the Industry Certification Funding List, for use as EOC 2551 assessments under this paragraph if the commissioner determines 2552 that the content knowledge and skills assessed by the 2553 examinations meet or exceed the grade-level expectations for the 2554 core curricular content established for the course in the Next 2555 Generation Sunshine State Standards. Use of any such examination 2556 as an EOC assessment must be approved by the state board in 2557 rule. 2558 5. Contingent upon funding provided in the General 2559 Appropriations Act, including the appropriation of funds 2560 received through federal grants, the commissioner may establish 2561 an implementation schedule for the development and 2562 administration of additional statewide, standardized EOC 2563 assessments that must be approved by the state board, in rule. 2564 If approved by the state board, student performance on such 2565 assessments constitutes 30 percent of a student’s final course 2566 grade. 2567 6. All statewide, standardized EOC assessments must be 2568 administered online except as otherwise provided in paragraph 2569 (c). 2570 (c) Students with disabilities; Florida Alternate 2571 Assessment.— 2572 1. Each district school board must provide instruction to 2573 prepare students with disabilities in the core content knowledge 2574 and skills necessary for successful grade-to-grade progression 2575 and high school graduation. 2576 2. A student with a disability, as defined in s. 1007.02 25771007.02(2), for whom the individual education plan (IEP) team 2578 determines that the statewide, standardized assessments under 2579 this section cannot accurately measure the student’s abilities, 2580 taking into consideration all allowable accommodations, shall 2581 have assessment results waived for the purpose of receiving a 2582 course grade and a standard high school diploma. Such waiver 2583 shall be designated on the student’s transcript. The statement 2584 of waiver shall be limited to a statement that performance on an 2585 assessment was waived for the purpose of receiving a course 2586 grade or a standard high school diploma, as applicable. 2587 3. The State Board of Education shall adopt rules, based 2588 upon recommendations of the commissioner, for the provision of 2589 assessment accommodations for students with disabilities and for 2590 students who have limited English proficiency. 2591 a. Accommodations that negate the validity of a statewide, 2592 standardized assessment are not allowed during the 2593 administration of the assessment. However, instructional 2594 accommodations are allowed in the classroom if identified in a 2595 student’s IEP. Students using instructional accommodations in 2596 the classroom that are not allowed on a statewide, standardized 2597 assessment may have assessment results waived if the IEP team 2598 determines that the assessment cannot accurately measure the 2599 student’s abilities. 2600 b. If a student is provided with instructional 2601 accommodations in the classroom that are not allowed as 2602 accommodations for statewide, standardized assessments, the 2603 district must inform the parent in writing and provide the 2604 parent with information regarding the impact on the student’s 2605 ability to meet expected performance levels. A parent must 2606 provide signed consent for a student to receive classroom 2607 instructional accommodations that would not be available or 2608 permitted on a statewide, standardized assessment and 2609 acknowledge in writing that he or she understands the 2610 implications of such instructional accommodations. 2611 c. If a student’s IEP states that online administration of 2612 a statewide, standardized assessment will significantly impair 2613 the student’s ability to perform, the assessment shall be 2614 administered in hard copy. 2615 4. For students with significant cognitive disabilities, 2616 the Department of Education shall provide for implementation of 2617 the Florida Alternate Assessment to accurately measure the core 2618 curricular content established in the Next Generation Sunshine 2619 State Standards. 2620 (d) Implementation scheduleCommon core assessments in2621English Language Arts (ELA) and mathematics.— 26221. Contingent upon funding, common core assessments in ELA2623shall be administered to students in grades 3 through 11. Retake2624opportunities for the grade 10 assessment must be provided.2625Students taking the ELA assessments are not required to take the2626assessments in FCAT Reading or FCAT Writing. Common core ELA2627assessments shall be administered online.26282. Contingent upon funding, common core assessments in2629mathematics shall be administered to all students in grades 32630through 8, and common core assessments in Algebra I, Geometry,2631and Algebra II shall be administered to students enrolled in2632those courses. Retake opportunities must be provided for the2633Algebra I assessment. Students may take the common core2634mathematics assessments pursuant to the Credit Acceleration2635Program (CAP) under s. 1003.4295(3). Students taking common core2636assessments in mathematics are not required to take FCAT2637Mathematics or statewide, standardized EOC assessments in2638mathematics. Common core mathematics assessments shall be2639administered online.2640 1.3.The CommissionerState Boardof Education shall 2641 establish and publish on the department’s websiteadopt rules2642establishingan implementation schedule to transition from the 2643 statewide, standardizedFCATReading and, FCATWriting 2644 assessments to the ELA assessments and to the revised, FCAT2645 Mathematics assessments, including the, andAlgebra I and 2646 Geometry EOC assessmentsto common core assessments in English2647Language Arts and mathematics. The schedule must take into 2648 consideration funding, sufficient field and baseline data, 2649 access to assessments, instructional alignment, and school 2650 district readiness to administer thecommon coreassessments 2651 online.Until the 10th grade common core ELA and Algebra I2652assessments become must-pass assessments, students must pass265310th grade FCAT Reading and the Algebra I EOC assessment, or2654achieve a concordant or comparative score as authorized under2655this section, in order to earn a standard high school diploma2656under s. 1003.4282. Students taking 10th grade FCAT Reading or2657the Algebra I EOC assessment are not required to take the2658respective common core assessments.2659 2.4.The Department of Education shall publish minimum and 2660 recommended technology requirements that include specifications 2661 for hardware, software, networking, security, and broadband 2662 capacity to facilitate school district compliance with the 2663 requirement thatcommon coreassessments be administered online. 2664 (e) Assessment scores and achievement levels.— 2665 1. All statewide, standardized EOC assessments andFCAT2666 Reading,FCATWriting, andFCATScience assessments shall use 2667 scaled scores and achievement levels. Achievement levels shall 2668 range from 1 through 5, with level 1 being the lowest 2669 achievement level, level 5 being the highest achievement level, 2670 and level 3 indicating satisfactory performance on an 2671 assessment. For purposes of the statewide, standardizedFCAT2672 Writing assessment, student achievement shall be scored using a 2673 scale of 1 through 6. 2674 2. The state board shall designate by rule a passing score 2675 for each statewide, standardizedEOC and FCATassessment.In2676addition, the state board shall designate a score for each2677statewide, standardized EOC assessment that indicates that a2678student is high achieving and has the potential to meet college2679readiness standards by the time the student graduates from high2680school.2681 3. If the commissioner seeks to revise a statewide, 2682 standardized assessment and the revisions require the state 2683 board to modify performance level scores, including the passing 2684 score, the commissioner shall provide a copy of the proposed 2685 scores and implementation plan to the President of the Senate 2686 and the Speaker of the House of Representatives at least 90 days 2687 before submission to the state board for review. Until the state 2688 board adopts the modifications by rule, the commissioner shall 2689 use calculations for scoring the assessment that adjust student 2690 scores on the revised assessment for statistical equivalence to 2691 student scores on the former assessment. The state board shall 2692 adopt by rule the passing score for the revised assessment that 2693 is statistically equivalent to the passing score on the 2694 discontinued assessment for a student who is required to attain 2695 a passing score on the discontinued assessment. The commissioner 2696 may, with approval of the state board, discontinue 2697 administration of the former assessment upon the graduation, 2698 based on normal student progression, of students participating 2699 in the final regular administration of the former assessment. If 2700 the commissioner revises a statewide, standardized assessment 2701 and the revisions require the state board to modify the passing 2702 score, only students taking the assessment for the first time 2703 after the rule is adopted are affected. 2704 (f) Assessment schedules and reporting of results.—The 2705 Commissioner of Education shall establish schedules for the 2706 administration of assessments and the reporting of student 2707 assessment results. The commissioner shall consider the 2708 observance of religious and school holidays when developing the 2709 schedule. By August 1 of each year, the commissioner shall 2710 notify each school district in writing and publish on the 2711 department’s website the assessment and reporting schedules for, 2712 at a minimum, the school year following the upcoming school 2713 year. The assessment and reporting schedules must provide the 2714 earliest possible reporting of student assessment results to the 2715 school districts. Assessment results for the statewide, 2716 standardizedFCATReading assessments, or upon implementation 2717 the ELA assessments, andFCATMathematics assessments, including 2718 the EOC assessments in Algebra I and Geometry, must be made 2719 available no later than the week of June 8. The administration 2720 of the statewide, standardizedFCATWriting assessment and the 2721 Florida Alternate Assessment may be no earlier than the week of 2722 March 1. School districts shall administer assessments in 2723 accordance with the schedule established by the commissioner. 2724 (g) Prohibited activities.—A district school board shall 2725 prohibit each public school from suspending a regular program of 2726 curricula for purposes of administering practice assessments or 2727 engaging in other assessment-preparation activities for a 2728 statewide, standardized assessment. However, a district school 2729 board may authorize a public school to engage in the following 2730 assessment-preparation activities: 2731 1. Distributing to students sample assessment books and 2732 answer keys published by the Department of Education. 2733 2. Providing individualized instruction in assessment 2734 taking strategies, without suspending the school’s regular 2735 program of curricula, for a student who scores Level 1 or Level 2736 2 on a prior administration of an assessment. 2737 3. Providing individualized instruction in the content 2738 knowledge and skills assessed, without suspending the school’s 2739 regular program of curricula, for a student who scores Level 1 2740 or Level 2 on a prior administration of an assessment or a 2741 student who, through a diagnostic assessment administered by the 2742 school district, is identified as having a deficiency in the 2743 content knowledge and skills assessed. 2744 4. Administering a practice assessment or engaging in other 2745 assessment-preparation activities that are determined necessary 2746 to familiarize students with the organization of the assessment, 2747 the format of assessment items, and the assessment directions or 2748 that are otherwise necessary for the valid and reliable 2749 administration of the assessment, as set forth in rules adopted 2750 by the State Board of Education with specific reference to this 2751 paragraph. 2752 (h) Contracts for assessments.—The commissioner shall 2753 provide for the assessments to be developed or obtained, as 2754 appropriate, through contracts and project agreements with 2755 private vendors, public vendors, public agencies, postsecondary 2756 educational institutions, or school districts. The commissioner 2757 may enter into contracts for the continued administration of the 2758 assessments authorized and funded by the Legislature. Contracts 2759 may be initiated in 1 fiscal year and continue into the next 2760 fiscal year and may be paid from the appropriations of either or 2761 both fiscal years. The commissioner may negotiate for the sale 2762 or lease of tests, scoring protocols, test scoring services, and 2763 related materials developed pursuant to law. 2764 (7) CONCORDANT SCORESFOR 10TH GRADE FCAT READING.—Until2765the state transitions to common core English Language Arts2766assessments,The Commissioner of Education must identify scores 2767 on the SAT and ACT that if achieved satisfy the graduation 2768 requirement that a student pass the grade 10 statewide, 2769 standardized10th grade FCATReading assessment or, upon 2770 implementation, the grade 10 ELA assessment. The commissioner 2771 may identify concordant scores onotherassessments other than 2772 the SAT and ACTas well. If the content or scoring procedures 2773 change for the grade 10 Reading assessment or, upon 2774 implementation, the grade 10 ELA assessment10th grade FCAT2775Reading, new concordant scores must be determined. If new 2776 concordant scores are not timely adopted, the last-adopted 2777 concordant scores remain in effect until such time as new scores 2778 are adopted. The state board shall adopt concordant scores in 2779 rule. 2780 (8) COMPARATIVE SCORES FOR END-OF-COURSE (EOC) ASSESSMENT 2781ASSESSMENTS.—The Commissioner of Education must identify one or 2782 more comparative scores for the Algebra I EOC assessmentand may2783identify comparative scores for the other EOC assessments. If 2784 the content or scoring procedures change for the EOC assessment 2785assessments, new comparative scores must be determined. If new 2786 comparative scores are not timely adopted, the last-adopted 2787 comparative scores remain in effect until such time as new 2788 scores are adopted. The state board shall adopt comparative 2789 scores in rule. 2790 Section 72. Paragraph (h) of subsection (2), paragraph (a) 2791 of subsection (4), paragraph (b) of subsection (6), and 2792 paragraph (b) of subsection (7) of section 1008.25, Florida 2793 Statutes, are amended to read: 2794 1008.25 Public school student progression; remedial 2795 instruction; reporting requirements.— 2796 (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district 2797 school board shall establish a comprehensive plan for student 2798 progression which must: 2799 (h) Provide instructional sequences by which students in 2800 kindergarten through high school may attain progressively higher 2801 levels of skill in the use of digital tools and applications. 2802 The instructional sequences must include participation in 2803 curricular and instructional options and the demonstration of 2804 competence of standards required pursuant to ss. 1003.41 and 2805 1003.4203 through attainment of industry certifications and 2806 other means of demonstrating credit requirements identified 2807 under ss. 1002.3105, 1003.4203,1003.428,and 1003.4282. 2808 (4) ASSESSMENT AND REMEDIATION.— 2809 (a) Each student must participate in the statewide, 2810 standardized assessment program required by s. 1008.22. Each 2811 student who does not meet specific levels of performance on the 2812 required assessments as determined by the district school board 2813 or who scores below Level 3 on the statewide, standardized 2814 Reading assessment or, upon implementation, the English Language 2815 Arts assessment or on the statewide, standardized Mathematics 2816 assessments in grades 3 through 8 and the Algebra I EOC 2817 assessmentFCAT Reading or FCAT Mathematics or on the common2818core English Language Arts or mathematics assessments as2819applicable under s. 1008.22must be provided with additional 2820 diagnostic assessments to determine the nature of the student’s 2821 difficulty, the areas of academic need, and strategies for 2822 appropriate intervention and instruction as described in 2823 paragraph (b). 2824 (6) ELIMINATION OF SOCIAL PROMOTION.— 2825 (b) The district school board may only exempt students from 2826 mandatory retention, as provided in paragraph (5)(b), for good 2827 cause. Good cause exemptions shall be limited to the following: 2828 1. Limited English proficient students who have had less 2829 than 2 years of instruction in an English for Speakers of Other 2830 Languages program. 2831 2. Students with disabilities whose individual education 2832 plan indicates that participation in the statewide assessment 2833 program is not appropriate, consistent with the requirements of 2834 s. 1008.212State Board of Education rule. 2835 3. Students who demonstrate an acceptable level of 2836 performance on an alternative standardized reading or English 2837 Language Arts assessment approved by the State Board of 2838 Education. 2839 4. A student who demonstrates through a student portfolio 2840 that he or she is performing at least at Level 2 on the 2841 statewide, standardizedFCATReading assessment or, upon 2842 implementation, thecommon coreEnglish Language Arts 2843 assessment, as applicable under s. 1008.22. 2844 5. Students with disabilities who take the statewide, 2845 standardizedparticipate in FCATReading assessment or, upon 2846 implementation, thecommon coreEnglish Language Arts 2847 assessment, as applicable under s. 1008.22,and who have an 2848 individual education plan or a Section 504 plan that reflects 2849 that the student has received intensive remediation in reading 2850 orandEnglish Language Arts for more than 2 years but still 2851 demonstrates a deficiency and was previously retained in 2852 kindergarten, grade 1, grade 2, or grade 3. 2853 6. Students who have received intensive remediation in 2854 reading orandEnglish Language Arts, as applicable under s.28551008.22,for 2 or more years but still demonstrate a deficiency 2856 and who were previously retained in kindergarten, grade 1, grade 2857 2, or grade 3 for a total of 2 years. Intensive instruction for 2858 students so promoted must include an altered instructional day 2859 that includes specialized diagnostic information and specific 2860 reading strategies for each student. The district school board 2861 shall assist schools and teachers to implement reading 2862 strategies that research has shown to be successful in improving 2863 reading among low-performing readers. 2864 (7) SUCCESSFUL PROGRESSION FOR RETAINED THIRD GRADE 2865 STUDENTS.— 2866 (b) Each school district shall: 2867 1. Provide third grade students who are retained under the 2868 provisions of paragraph (5)(b) with intensive instructional 2869 services and supports to remediate the identified areas of 2870 reading deficiency, including participation in the school 2871 district’s summer reading camp as required under paragraph (a) 2872 and a minimum of 90 minutes of daily, uninterrupted, 2873 scientifically research-based reading instruction which includes 2874 phonemic awareness, phonics, fluency, vocabulary, and 2875 comprehension and other strategies prescribed by the school 2876 district, which may include, but are not limited to: 2877 a. Integration of science and social studies content within 2878 the 90-minute block. 2879 b. Small group instruction. 2880 c. Reduced teacher-student ratios. 2881 d. More frequent progress monitoring. 2882 e. Tutoring or mentoring. 2883 f. Transition classes containing 3rd and 4th grade 2884 students. 2885 g. Extended school day, week, or year. 2886 2. Provide written notification to the parent of aany2887 student who is retained under the provisions of paragraph (5)(b) 2888 that his or her child has not met the proficiency level required 2889 for promotion and the reasons the child is not eligible for a 2890 good cause exemption as provided in paragraph (6)(b). The 2891 notification must comply with the provisions of s. 1002.20(15) 2892 and must include a description of proposed interventions and 2893 supports that will be provided to the child to remediate the 2894 identified areas of reading deficiency. 2895 3. Implement a policy for the midyear promotion of aany2896 student retained under the provisions of paragraph (5)(b) who 2897 can demonstrate that he or she is a successful and independent 2898 reader and performing at or above grade level in reading or, 2899 upon implementation ofandEnglish Language Arts assessments, 2900 performing at or above grade level in English Language Arts, as2901applicable under s. 1008.22. Tools that school districts may use 2902 in reevaluating aanystudent retained may include subsequent 2903 assessments, alternative assessments, and portfolio reviews, in 2904 accordance with rules of the State Board of Education. 2905 4. Provide students who are retained under the provisions 2906 of paragraph (5)(b) with a highly effective teacher as 2907 determined by the teacher’s performance evaluation under s. 2908 1012.34. 2909 5. Establish at each school, when applicable, an Intensive 2910 Acceleration Class for retained grade 3 students who 2911 subsequently score Level 1 on the required statewide, 2912 standardized assessment identified in s. 1008.22. The focus of 2913 the Intensive Acceleration Class shall be to increase a child’s 2914 reading and English Language Arts skill level at least two grade 2915 levels in 1 school year. The Intensive Acceleration Class shall: 2916 a. Be provided to aanystudent in grade 3 who scores Level 2917 1 on the statewide, standardizedFCATReading assessment or, 2918 upon implementation, thecommon coreEnglish Language Arts 2919 assessment, as applicable under s. 1008.22,and who was retained 2920 in grade 3 the prior year because of scoring Level 1. 2921 b. Have a reduced teacher-student ratio. 2922 c. Provide uninterrupted reading instruction for the 2923 majority of student contact time each day and incorporate 2924 opportunities to master the grade 4 Next Generation Sunshine 2925 State Standards in other core subject areas. 2926 d. Use a reading program that is scientifically research 2927 based and has proven results in accelerating student reading 2928 achievement within the same school year. 2929 e. Provide intensive language and vocabulary instruction 2930 using a scientifically research-based program, including use of 2931 a speech-language therapist. 2932 Section 73. Paragraphs (b) and (c) of subsection (4) and 2933 subsections (5) and (7) of section 1008.33, Florida Statutes, 2934 are amended to read: 2935 1008.33 Authority to enforce public school improvement.— 2936 (4) 2937 (b)Except as provided in subsection (5),The turnaround 2938 options available to a school district to address a school that 2939 earns a grade of “F” are: 2940 1. Convert the school to a district-managed turnaround 2941 school; 2942 2. Reassign students to another school and monitor the 2943 progress of each reassigned student; 2944 3. Close the school and reopen the school as one or more 2945 charter schools, each with a governing board that has a 2946 demonstrated record of effectiveness; 2947 4. Contract with an outside entity that has a demonstrated 2948 record of effectiveness to operate the school; or 2949 5. Implement a hybrid of turnaround options set forth in 2950 subparagraphs 1.-4. or other turnaround models that have a 2951 demonstrated record of effectiveness. 2952 (c)Except for schools required to implement a turnaround2953option pursuant to subsection (5),A school earning a grade of 2954 “F” shall have a planning year followed by 2 full school years 2955 to implement the initial turnaround option selected by the 2956 school district and approved by the state board. Implementation 2957 of the turnaround option is no longer required if the school 2958 improves by at least one letter grade. 2959(5) A school that earns a grade of “F” within 2 years after2960raising its grade from a grade of “F” or that earns a grade of2961“F” within 2 years after exiting the lowest-performing category2962under s. 3, chapter 2009-144, Laws of Florida, must implement2963one of the turnaround options in subparagraphs (4)(b)2.-5.2964(7) A school classified in the lowest-performing category2965under s. 3, chapter 2009-144, Laws of Florida, before July 1,29662012, is not required to continue implementing any turnaround2967option unless the school earns a grade of “F” or a third2968consecutive “D” for the 2011-2012 school year. A school earning2969a grade of “F” or a third consecutive “D” for the 2011-20122970school year may not restart the number of years it has been low2971performing by virtue of the 2012 amendments to this section.2972 Section 74. Section 1008.331, Florida Statutes, is 2973 repealed. 2974 Section 75. Subsection (2) of section 1008.3415, Florida 2975 Statutes, is amended to read: 2976 1008.3415 School grade or school improvement rating for 2977 exceptional student education centers.— 2978 (2) Notwithstanding s. 1008.34(3)(c)3., the achievement 2979 scores and learning gains of a student with a disability who 2980 attends an exceptional student education center and has not been 2981 enrolled in or attended a public school other than an 2982 exceptional student education center for grades K-12 within the 2983 school district shall not be included in the calculation of the 2984 home school’s grade if the student is identified as an emergent 2985 student on the alternate assessmenttooldescribed in s. 2986 1008.22(3)(c)1008.22(3)(c)13. 2987 Section 76. Section 1008.35, Florida Statutes, is repealed. 2988 Section 77. Subsection (3) of section 1009.22, Florida 2989 Statutes, is amended to read: 2990 1009.22 Workforce education postsecondary student fees.— 2991 (3)(a) Except as otherwise provided by law, fees for 2992 students who are nonresidents for tuition purposes must offset 2993 the full cost of instruction. Residency of students shall be 2994 determined as required in s. 1009.21. Fee-nonexempt students 2995 enrolled in applied academics for adult education instruction 2996 shall be charged fees equal to the fees charged for adult 2997 general education programs. Each Florida College System 2998 institution that conducts developmental education and applied 2999 academics for adult education instruction in the same class 3000 section may charge a single fee for both types of instruction. 3001 (b) Fees for continuing workforce education shall be 3002 locally determined by the district school board or Florida 3003 College System institution board of trustees. Expenditures for 3004 the continuing workforce education program provided by the 3005 Florida College System institution or school district must be 3006 fully supported by fees. Enrollments in continuing workforce 3007 education courses may not be counted for purposes of funding 3008 full-time equivalent enrollment. 3009 (c)Effective July 1, 2011,For programs leading to a 3010 career certificate or an applied technology diploma, the 3011 standard tuition shall be $2.22 per contact hour for residents 3012 and nonresidents and the out-of-state fee shall be $6.66 per 3013 contact hour. For adult general education programs, a block 3014 tuition of $45 per half year or $30 per term shall be assessed 3015 for residents and nonresidents, and the out-of-state fee shall 3016 be $135 per half year or $90 per term. Each district school 3017 board and Florida College System institution board of trustees 3018 shall adopt policies and procedures for the collection of and 3019 accounting for the expenditure of the block tuition. All funds 3020 received from the block tuition shall be used only for adult 3021 general education programs. Students enrolled in adult general 3022 education programs may not be assessed the fees authorized in 3023 subsection (5), subsection (6), or subsection (7). 3024 (d)Beginning with the 2008-2009 fiscal year and each year3025thereafter,The tuition and the out-of-state fee per contact 3026 hour shall increase at the beginning of each fall semester at a 3027 rate equal to inflation, unless otherwise provided in the 3028 General Appropriations Act. The Office of Economic and 3029 Demographic Research shall report the rate of inflation to the 3030 President of the Senate, the Speaker of the House of 3031 Representatives, the Governor, and the State Board of Education 3032 each year prior to March 1. For purposes of this paragraph, the 3033 rate of inflation shall be defined as the rate of the 12-month 3034 percentage change in the Consumer Price Index for All Urban 3035 Consumers, U.S. City Average, All Items, or successor reports as 3036 reported by the United States Department of Labor, Bureau of 3037 Labor Statistics, or its successor for December of the previous 3038 year. In the event the percentage change is negative, the 3039 tuition and out-of-state fee shall remain at the same level as 3040 the prior fiscal year. 3041 (e) Each district school board and each Florida College 3042 System institution board of trustees may adopt tuition and out 3043 of-state fees thatmayvary no more than 5 percent below orand3044 5 percent above the combined total of the standard tuition and 3045 out-of-state fees established in paragraph (c). 3046(f) The maximum increase in resident tuition for any school3047district or Florida College System institution during the 200730482008 fiscal year shall be 5 percent over the tuition charged3049during the 2006-2007 fiscal year.3050 (f)(g)The State Board of Education may adopt, by rule, the 3051 definitions and procedures that district school boards and 3052 Florida College System institution boards of trustees shall use 3053 in the calculation of cost borne by students. 3054 Section 78. Paragraph (a) of subsection (1) of section 3055 1009.40, Florida Statutes, is amended to read: 3056 1009.40 General requirements for student eligibility for 3057 state financial aid awards and tuition assistance grants.— 3058 (1)(a) The general requirements for eligibility of students 3059 for state financial aid awards and tuition assistance grants 3060 consist of the following: 3061 1. Achievement of the academic requirements of and 3062 acceptance at a state university or Florida College System 3063 institution; a nursing diploma school approved by the Florida 3064 Board of Nursing; a Florida college or university which is 3065 accredited by an accrediting agency recognized by the State 3066 Board of Education; aanyFlorida institution the credits of 3067 which are acceptable for transfer to state universities; aany3068 career center; or aanyprivate career institution accredited by 3069 an accrediting agency recognized by the State Board of 3070 Education. 3071 2. Residency in this state for no less than 1 year 3072 preceding the award of aid or a tuition assistance grant for a 3073 program established pursuant to s. 1009.50, s. 1009.505, s. 3074 1009.51, s. 1009.52, s. 1009.53,s. 1009.56,s. 1009.60, s. 3075 1009.62, s. 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 3076 1009.891. Residency in this state must be for purposes other 3077 than to obtain an education. Resident status for purposes of 3078 receiving state financial aid awards shall be determined in the 3079 same manner as resident status for tuition purposes pursuant to 3080 s. 1009.21. 3081 3. Submission of certification attesting to the accuracy, 3082 completeness, and correctness of information provided to 3083 demonstrate a student’s eligibility to receive state financial 3084 aid awards or tuition assistance grants. Falsification of such 3085 information shall result in the denial of aanypending 3086 application and revocation of ananyaward or grant currently 3087 held to the extent that no further payments shall be made. 3088 Additionally, students who knowingly make false statements in 3089 order to receive state financial aid awards or tuition 3090 assistance grants commit a misdemeanor of the second degree 3091 subject to the provisions of s. 837.06 and shall be required to 3092 return all state financial aid awards or tuition assistance 3093 grants wrongfully obtained. 3094 Section 79. Subsection (1) of section 1009.531, Florida 3095 Statutes, is amended to read: 3096 1009.531 Florida Bright Futures Scholarship Program; 3097 student eligibility requirements for initial awards.— 3098 (1)Effective January 1, 2008,In order to be eligible for 3099 an initial award from any of the three types of scholarships 3100 under the Florida Bright Futures Scholarship Program, a student 3101 must: 3102 (a) Be a Florida resident as defined in s. 1009.40 and 3103 rules of the State Board of Education. 3104 (b) Earn a standard Florida high school diploma pursuant to 3105 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282 or a high school 3106 equivalency diplomaits equivalentpursuant tos. 1003.428, s.31071003.4281, s. 1003.4282, ors. 1003.435 unless: 3108 1. The student completes a home education program according 3109 to s. 1002.41; or 3110 2. The student earns a high school diploma from a non 3111 Florida school while living with a parent or guardian who is on 3112 military or public service assignment away from Florida. 3113 (c) Be accepted by and enroll in an eligible Florida public 3114 or independent postsecondary education institution. 3115 (d) Be enrolled for at least 6 semester credit hours or the 3116 equivalent in quarter hours or clock hours. 3117 (e) Not have been found guilty of, or entered a plea of 3118 nolo contendere to, a felony charge, unless the student has been 3119 granted clemency by the Governor and Cabinet sitting as the 3120 Executive Office of Clemency. 3121 (f) Apply for a scholarship from the program by high school 3122 graduation. However, a student who graduates from high school 3123 midyear must apply no later than August 31 of the student’s 3124 graduation year in order to be evaluated for and, if eligible, 3125 receive an award for the current academic year. 3126 Section 80. Paragraph (c) of subsection (3) of section 3127 1009.532, Florida Statutes, is amended to read: 3128 1009.532 Florida Bright Futures Scholarship Program; 3129 student eligibility requirements for renewal awards.— 3130 (3) 3131 (c) A student who is initially eligible in the 2012-2013 3132 academic year and thereafter may receive an award for a maximum 3133 of 100 percent of the number of credit hours required to 3134 complete an associate degree program, a baccalaureate degree 3135 program, or a postsecondary career certificate program or, for a 3136 Florida Gold Seal Vocational Scholars award, may receive an 3137 award for a maximum of 100 percent of the number of credit hours 3138 or equivalent clock hours required to complete one of the 3139 following at a Florida public or nonpublic education institution 3140 that offers these specific programs: for an applied technology 3141 diploma program as defined in s. 1004.02(7)1004.02(8), up to 60 3142 credit hours or equivalent clock hours; for a technical degree 3143 education program as defined in s. 1004.02(13)1004.02(14), up 3144 to the number of hours required for a specific degree not to 3145 exceed 72 credit hours or equivalent clock hours; or for a 3146 career certificate program as defined in s. 1004.02(20) 31471004.02(21), up to the number of hours required for a specific 3148 certificate not to exceed 72 credit hours or equivalent clock 3149 hours. A student who transfers from one of these program levels 3150 to another program level becomes eligible for the higher of the 3151 two credit hour limits. 3152 Section 81. Paragraph (c) of subsection (4) of section 3153 1009.536, Florida Statutes, is amended to read: 3154 1009.536 Florida Gold Seal Vocational Scholars award.—The 3155 Florida Gold Seal Vocational Scholars award is created within 3156 the Florida Bright Futures Scholarship Program to recognize and 3157 reward academic achievement and career preparation by high 3158 school students who wish to continue their education. 3159 (4) 3160 (c) A student who is initially eligible in the 2012-2013 3161 academic year and thereafter may earn a Florida Gold Seal 3162 Vocational Scholarship for a maximum of 100 percent of the 3163 number of credit hours or equivalent clock hours required to 3164 complete one of the following at a Florida public or nonpublic 3165 education institution that offers these specific programs: for 3166 an applied technology diploma program as defined in s. 3167 1004.02(7)1004.02(8), up to 60 credit hours or equivalent clock 3168 hours; for a technical degree education program as defined in s. 3169 1004.02(13)1004.02(14), up to the number of hours required for 3170 a specific degree not to exceed 72 credit hours or equivalent 3171 clock hours; or for a career certificate program as defined in 3172 s. 1004.02(20)1004.02(21), up to the number of hours required 3173 for a specific certificate not to exceed 72 credit hours or 3174 equivalent clock hours. 3175 Section 82. Section 1009.56, Florida Statutes, is repealed. 3176 Section 83. Section 1009.69, Florida Statutes, is repealed. 3177 Section 84. Subsection (1) of section 1009.91, Florida 3178 Statutes, is amended to read: 3179 1009.91 Assistance programs and activities of the 3180 department.— 3181 (1) The department may contract for the administration of 3182 the student financial assistance programs as specifically 3183 provided in ss. 295.01, 1009.29,1009.56,and 1009.78. 3184 Section 85. Paragraph (c) of subsection (2) of section 3185 1009.94, Florida Statutes, is amended to read: 3186 1009.94 Student financial assistance database.— 3187 (2) For purposes of this section, financial assistance 3188 includes: 3189 (c) Any financial assistance provided under s. 1009.50, s. 3190 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55,s.31911009.56,s. 1009.60, s. 1009.62, s. 1009.70, s. 1009.701, s. 3192 1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 3193 1009.891. 3194 Section 86. Part V of chapter 1009, Florida Statutes, 3195 consisting of sections 1009.99, 1009.991, 1009.992, 1009.993, 3196 1009.994, 1009.995, 1009.996, 1009.9965, 1009.997, 1009.9975, 3197 1009.9976, 1009.9977, 1009.9978, 1009.9979, 1009.998, 1009.9981, 3198 1009.9982, 1009.9983, 1009.9984, 1009.9985, 1009.9986, 3199 1009.9987, 1009.9988, 1009.9989, 1009.9990, 1009.9991, 3200 1009.9992, 1009.9993, and 1009.9994, is repealed. 3201 Section 87. Paragraph (b) of subsection (13) of section 3202 1011.62, Florida Statutes, is amended to read: 3203 1011.62 Funds for operation of schools.—If the annual 3204 allocation from the Florida Education Finance Program to each 3205 district for operation of schools is not determined in the 3206 annual appropriations act or the substantive bill implementing 3207 the annual appropriations act, it shall be determined as 3208 follows: 3209 (13) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT FOR 3210 CURRENT OPERATION.—The total annual state allocation to each 3211 district for current operation for the FEFP shall be distributed 3212 periodically in the manner prescribed in the General 3213 Appropriations Act. 3214 (b) The amount thus obtained shall be the net annual 3215 allocation to each school district. However, if it is determined 3216 that any school district received an underallocation or 3217 overallocation for any prior year because of an arithmetical 3218 error, assessment roll change required by final judicial 3219 decision, full-time equivalent student membership error, or any 3220 allocation error revealed in an audit report, the allocation to 3221 that district shall be appropriately adjusted.Beginning with3222audits for the 2001-2002 fiscal year, if the adjustment is the3223result of an audit finding in which group 2 FTE are reclassified3224to the basic program and the district weighted FTE are over the3225weighted enrollment ceiling for group 2 programs, the adjustment3226shall not result in a gain of state funds to the district.3227 Beginning with the 2011-2012 fiscal year, if a special program 3228 cost factor is less than the basic program cost factor, an audit 3229 adjustment may not result in the reclassification of the special 3230 program FTE to the basic program FTE. If the Department of 3231 Education audit adjustment recommendation is based upon 3232 controverted findings of fact, the Commissioner of Education is 3233 authorized to establish the amount of the adjustment based on 3234 the best interests of the state. 3235 Section 88. Paragraphs (b) and (c) of subsection (3) of 3236 section 1011.71, Florida Statutes, are repealed. 3237 Section 89. Subsection (4) of section 1011.76, Florida 3238 Statutes, is repealed. 3239 Section 90. Paragraph (b) of subsection (1) of section 3240 1011.80, Florida Statutes, is amended to read: 3241 1011.80 Funds for operation of workforce education 3242 programs.— 3243 (1) As used in this section, the terms “workforce 3244 education” and “workforce education program” include: 3245 (b) Career certificate programs, as defined in s. 3246 1004.02(20)1004.02(21). 3247 Section 91. Paragraphs (b), (f), (j), (m), and (p) of 3248 subsection (2) and subsection (6) of section 1012.05, Florida 3249 Statutes, are amended to read: 3250 1012.05 Teacher recruitment and retention.— 3251 (2) The Department of Education shall: 3252 (b) Advertise in major newspapers, national professional 3253 publications, and other professional publications and in public 3254 and nonpublic postsecondary educational institutions, if needed. 3255 (f) Develop and distribute promotional materials related to 3256 teaching as a career, if needed. 3257(j) Develop, in consultation with school district staff3258including, but not limited to, district school superintendents,3259district school board members, and district human resources3260personnel, a long-range plan for educator recruitment and3261retention.3262(m) Develop and implement a First Response Center to3263provide educator candidates one-stop shopping for information on3264teaching careers in Florida and establish the Teacher Lifeline3265Network to provide online support to beginning teachers and3266those needing assistance.3267 (n)(p)Notify each teacher, via e-mail, of each item in the 3268 General Appropriations Act and legislation that affects 3269 teachers, including, but not limited to,the Excellent Teaching3270Program,the Florida Teachers Classroom Supply Assistance 3271 Program,liability insurance protection for teachers,death 3272 benefits for teachers, substantive legislation, rules of the 3273 State Board of Education, and issues concerning student 3274 achievement. 3275(6) The Commissioner of Education shall take steps that3276provide flexibility and consistency in meeting the highly3277qualified teacher criteria as defined in the No Child Left3278Behind Act of 2001 through a High, Objective, Uniform State3279Standard of Evaluation (HOUSSE).3280 Section 92. Paragraph (b) of subsection (1) of section 3281 1012.22, Florida Statutes, is amended to read: 3282 1012.22 Public school personnel; powers and duties of the 3283 district school board.—The district school board shall: 3284 (1) Designate positions to be filled, prescribe 3285 qualifications for those positions, and provide for the 3286 appointment, compensation, promotion, suspension, and dismissal 3287 of employees as follows, subject to the requirements of this 3288 chapter: 3289 (b) Time to act on nominations.—The district school board 3290 shall act nonotlater than 3 weeks following the receipt of 3291 statewide, standardized assessment scores and data under s. 3292 1008.22 and, includingschool grades, or June 30, whichever is 3293 later, on the district school superintendent’s nominations of 3294 supervisors, principals, and members of the instructional staff. 3295 Section 93. Subsection (9) of section 1012.33, Florida 3296 Statutes, is repealed. 3297 Section 94. Paragraph (b) of subsection (1), paragraph (a) 3298 of subsection (3), and subsection (6) of section 1012.34, 3299 Florida Statutes, are amended to read: 3300 1012.34 Personnel evaluation procedures and criteria.— 3301 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.— 3302 (b) The department must approve each school district’s 3303 instructional personnel and school administrator evaluation 3304 systems. The department shall monitor each district’s 3305 implementation of its instructional personnel and school 3306 administrator evaluation systems for compliance with the 3307 requirements of this section and s. 1012.3401. 3308 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional 3309 personnel and school administrator performance evaluations must 3310 be based upon the performance of students assigned to their 3311 classrooms or schools, as provided in this section. Pursuant to 3312 this section, a school district’s performance evaluation is not 3313 limited to basing unsatisfactory performance of instructional 3314 personnel and school administrators solely upon student 3315 performance, but may include other criteria approved to evaluate 3316 instructional personnel and school administrators’ performance, 3317 or any combination of student performance and other approved 3318 criteria. Evaluation procedures and criteria must comply with, 3319 but are not limited to, the following: 3320 (a) A performance evaluation must be conducted for each 3321 employee at least once a year, except that a classroom teacher, 3322 as defined in s. 1012.01(2)(a), excluding substitute teachers, 3323 who is newly hired by the district school board must be observed 3324 and evaluated at least twice in the first year of teaching in 3325 the school district. The performance evaluation must be based 3326 upon sound educational principles and contemporary research in 3327 effective educational practices. The evaluation criteria must 3328 include: 3329 1. Performance of students.—At least 50 percent of a 3330 performance evaluation must be based upon data and indicators of 3331 student learning growth assessed annually by statewide 3332 assessments or, for subjects and grade levels not measured by 3333 statewide assessments, by school district assessments as 3334 provided in s. 1008.22(6)1008.22(8). Each school district must 3335 use the formula adopted pursuant to paragraph (7)(a) for 3336 measuring student learning growth in all courses associated with 3337 statewide assessments and must select an equally appropriate 3338 formula for measuring student learning growth for all other 3339 grades and subjects, except as otherwise provided in subsection 3340 (7). 3341 a. For classroom teachers, as defined in s. 1012.01(2)(a), 3342 excluding substitute teachers, the student learning growth 3343 portion of the evaluation must include growth data for students 3344 assigned to the teacher over the course of at least 3 years. If 3345 less than 3 years of data are available, the years for which 3346 data are available must be used and the percentage of the 3347 evaluation based upon student learning growth may be reduced to 3348 not less than 40 percent. 3349 b. For instructional personnel who are not classroom 3350 teachers, the student learning growth portion of the evaluation 3351 must include growth data on statewide assessments for students 3352 assigned to the instructional personnel over the course of at 3353 least 3 years, or may include a combination of student learning 3354 growth data and other measurable student outcomes that are 3355 specific to the assigned position, provided that the student 3356 learning growth data accounts for not less than 30 percent of 3357 the evaluation. If less than 3 years of student growth data are 3358 available, the years for which data are available must be used 3359 and the percentage of the evaluation based upon student learning 3360 growth may be reduced to not less than 20 percent. 3361 c. For school administrators, the student learning growth 3362 portion of the evaluation must include growth data for students 3363 assigned to the school over the course of at least 3 years. If 3364 less than 3 years of data are available, the years for which 3365 data are available must be used and the percentage of the 3366 evaluation based upon student learning growth may be reduced to 3367 not less than 40 percent. 3368 2. Instructional practice.—Evaluation criteria used when 3369 annually observing classroom teachers, as defined in s. 3370 1012.01(2)(a), excluding substitute teachers, must include 3371 indicators based upon each of the Florida Educator Accomplished 3372 Practices adopted by the State Board of Education. For 3373 instructional personnel who are not classroom teachers, 3374 evaluation criteria must be based upon indicators of the Florida 3375 Educator Accomplished Practices and may include specific job 3376 expectations related to student support. 3377 3. Instructional leadership.—For school administrators, 3378 evaluation criteria must include indicators based upon each of 3379 the leadership standards adopted by the State Board of Education 3380 under s. 1012.986, including performance measures related to the 3381 effectiveness of classroom teachers in the school, the 3382 administrator’s appropriate use of evaluation criteria and 3383 procedures, recruitment and retention of effective and highly 3384 effective classroom teachers, improvement in the percentage of 3385 instructional personnel evaluated at the highly effective or 3386 effective level, and other leadership practices that result in 3387 student learning growth. The system may include a means to give 3388 parents and instructional personnel an opportunity to provide 3389 input into the administrator’s performance evaluation. 3390 4. Professional and job responsibilities.—For instructional 3391 personnel and school administrators, other professional and job 3392 responsibilities must be included as adopted by the State Board 3393 of Education. The district school board may identify additional 3394 professional and job responsibilities. 3395 (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT 3396 EVALUATION SYSTEMS.—The district school board shall establish a 3397 procedure for annually reviewing instructional personnel and 3398 school administrator evaluation systems to determine compliance 3399 with this section and s. 1012.3401. All substantial revisions to 3400 an approved system must be reviewed and approved by the district 3401 school board before being used to evaluate instructional 3402 personnel or school administrators. Upon request by a school 3403 district, the department shall provide assistance in developing, 3404 improving, or reviewing an evaluation system. 3405 Section 95. Section 1012.44, Florida Statutes, is amended 3406 to read: 3407 1012.44 Qualifications for certain persons providing 3408 speech-language services.—The State Board of Education shall 3409 adopt rules for speech-language services to school districts 3410 that qualify for the sparsity supplement as described in s. 3411 1011.62(7). These services may be provided by baccalaureate 3412 degree level persons for a period of 3 years. The rules shall 3413 authorize the delivery of speech-language services by 3414 baccalaureate degree level persons under the direction of a 3415 certified speech-language pathologist with a master’s degree or 3416 higher.By October 1, 2003, these rules shall be reviewed by the3417State Board of Education.3418 Section 96. Section 1012.561, Florida Statutes, is amended 3419 to read: 3420 1012.561 Address of record.—Each certified educator or 3421 applicant for certification is solely responsible for 3422 maintaining his or her current address with the Department of 3423 Education and for notifying the department in writing of a 3424 change of address.By January 1, 2005, each educator and3425applicant for certification must have on file with the3426department a current mailing address. Thereafter,A certified 3427 educator or applicant for certification who is employed by a 3428 district school board shall notify his or her employing school 3429 district within 10 days after a change of address. At a minimum, 3430 the employing district school board shall notify the department 3431 monthly of the addresses of the certified educators or 3432 applicants for certification in the manner prescribed by the 3433 department. A certified educator or applicant for certification 3434 who is not employed by a district school board shall personally 3435 notify the department in writing within 30 days after a change 3436 of address. The department shall permit electronic notification; 3437 however, it is the responsibility of the certified educator or 3438 applicant for certification to ensure that the department has 3439 received the electronic notification. 3440 Section 97. Section 1012.595, Florida Statutes, is 3441 repealed. 3442 Section 98. Subsections (2), (3), and (4) of section 3443 1012.885, Florida Statutes, are amended to read: 3444 1012.885 Remuneration of Florida College System institution 3445 presidents; limitations.— 3446(2) LIMITATION ON COMPENSATION.—Notwithstanding any other3447law, resolution, or rule to the contrary, a Florida College3448System institution president may not receive more than $225,0003449in remuneration annually from appropriated state funds. Only3450compensation, as defined in s. 121.021(22), provided to a3451Florida College System institution president may be used in3452calculating benefits under chapter 121.3453 (2)(3)EXCEPTIONS.—This section does not prohibit aany3454 party from providing cash or cash-equivalent compensation from 3455 funds that are not appropriated state funds to a Florida College 3456 System institution president in excess of the limit in 3457 subsection (3)(2). If a party is unable or unwilling to fulfill 3458 an obligation to provide cash or cash-equivalent compensation to 3459 a Florida College System institution president as permitted 3460 under this subsection, appropriated state funds may not be used 3461 to fulfill such obligation. 3462 (3)(4)LIMITATION ON REMUNERATION.—Notwithstanding a law, 3463 resolution, or rule to the contrarythe provisions of this3464section, a Florida College System institution president may not 3465 receive more than $200,000 in remuneration from appropriated 3466 state funds. Only compensation, as defined in s. 121.021(22), 3467 provided to a Florida College System institution president may 3468 be used in calculating benefits under chapter 121. 3469 Section 99. Subsections (2), (3), and (4) of section 3470 1012.975, Florida Statutes, are amended to read: 3471 1012.975 Remuneration of state university presidents; 3472 limitations.— 3473(2) LIMITATION ON COMPENSATION.—Notwithstanding any other3474law, resolution, or rule to the contrary, a state university3475president may not receive more than $225,000 in remuneration3476annually from public funds. Only compensation, as such term is3477defined in s. 121.021(22), provided to a state university3478president may be used in calculating benefits under chapter 121.3479 (2)(3)EXCEPTIONS.—This section does not prohibit aany3480 party from providing cash or cash-equivalent compensation from 3481 funds that are not public funds to a state university president 3482 in excess of the limit in subsection (3)(2). If a party is 3483 unable or unwilling to fulfill an obligation to provide cash or 3484 cash-equivalent compensation to a state university president as 3485 permitted under this subsection, public funds may not be used to 3486 fulfill such obligation. 3487 (3)(4)LIMITATION ON REMUNERATION.—Notwithstanding a law, 3488 resolution, or rule to the contrarythe provisions of this3489section, a state university president may not receive more than 3490 $200,000 in remuneration from public funds. Only compensation, 3491 as defined in s. 121.021(22), provided to a state university 3492 president may be used in calculating benefits under chapter 121. 3493 Section 100. Subsection (12) of section 1012.98, Florida 3494 Statutes, is amended to read: 3495 1012.98 School Community Professional Development Act.— 3496 (12) The department shall require teachers in grades K-12 34971-12to participate in continuing education training provided by 3498 the Department of Children and Family Services on identifying 3499 and reporting child abuse and neglect. 3500 Section 101. Paragraph (f) of subsection (2) of section 3501 1013.35, Florida Statutes, is amended to read: 3502 1013.35 School district educational facilities plan; 3503 definitions; preparation, adoption, and amendment; long-term 3504 work programs.— 3505 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL 3506 FACILITIES PLAN.— 3507 (f) Not less than once every 5 years, the district school 3508 board shall have ana financial management and performanceaudit 3509 conducted of the district’s educational planning and 3510 construction activitiesof the district. An operational audit 3511 conducted bythe Office of Program Policy Analysis and3512Government Accountability andthe Auditor General pursuant to s. 3513 11.451008.35satisfies this requirement. 3514 Section 102. Section 1013.47, Florida Statutes, is amended 3515 to read: 3516 1013.47 Substance of contract; contractors to give bond; 3517 penalties.—Each board shall develop contracts consistent with 3518 this chapter and statutes governing public facilities. Such a 3519 contract must contain the drawings and specifications of the 3520 work to be done and the material to be furnished, the time limit 3521 in which the construction is to be completed, the time and 3522 method by which payments are to be made upon the contract, and 3523 the penalty to be paid by the contractor for aanyfailure to 3524 comply with the terms of the contract. The board may require the 3525 contractor to pay a penalty for any failure to comply with the 3526 terms of the contract and may provide an incentive for early 3527 completion. Upon accepting a satisfactory bid, the board shall 3528 enter into a contract with the party or parties whose bid has 3529 been accepted. The contractor shall furnish the board with a 3530 performance and payment bond as set forth in s. 255.05. A board 3531 or other public entity may not require a contractor to secure a 3532 surety bond under s. 255.05 from a specific agent or bonding 3533 company.Notwithstanding any other provision of this section, if353425 percent or more of the costs of any construction project is3535paid out of a trust fund established pursuant to 31 U.S.C. s.35361243(a)(1), laborers and mechanics employed by contractors or3537subcontractors on such construction will be paid wages not less3538than those prevailing on similar construction projects in the3539locality, as determined by the Secretary of Labor in accordance3540with the Davis-Bacon Act, as amended.A person, firm, or 3541 corporation that constructs any part of any educational plant, 3542 or addition thereto, on the basis of any unapproved plans or in 3543 violation of any plans approved in accordance with the 3544 provisions of this chapter and rules of the State Board of 3545 Education or regulations of the Board of Governors relating to 3546 building standards or specifications is subject to forfeiture of 3547 the surety bond and unpaid compensation in an amount sufficient 3548 to reimburse the board for any costs that will need to be 3549 incurred in making any changes necessary to assure that all 3550 requirements are met and is also guilty of a misdemeanor of the 3551 second degree, punishable as provided in s. 775.082 or s. 3552 775.083, for each separate violation. 3553 Section 103. Section 1013.49, Florida Statutes, is 3554 repealed. 3555 Section 104. Section 1013.512, Florida Statutes, is 3556 repealed. 3557 Section 105. Section 20 of chapter 2010-24, Laws of 3558 Florida, is repealed. 3559 Section 106. This act shall take effect upon becoming a 3560 law.