Bill Text: FL S1696 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 677 [S1696 Detail]
Download: Florida-2011-S1696-Comm_Sub.html
Bill Title: Education Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 677 [S1696 Detail]
Download: Florida-2011-S1696-Comm_Sub.html
Florida Senate - 2011 CS for SB 1696 By the Committee on Education Pre-K - 12; and Senator Wise 581-03415-11 20111696c1 1 A bill to be entitled 2 An act relating to public school accountability; 3 amending s. 1001.20, F.S.; deleting a provision that 4 requires the Florida Virtual School to be 5 administratively housed within the Office of 6 Technology and Information Services within the 7 Department of Education; amending s. 1001.42, F.S.; 8 revising the powers and duties of district school 9 boards to require that students be provided with 10 access to Florida Virtual School courses; creating s. 11 1001.421, F.S.; prohibiting district school board 12 members from accepting gifts from vendors; amending s. 13 1002.37, F.S.; conforming provisions to changes made 14 by the act; amending s. 1002.38, F.S.; revising 15 provisions relating to the Opportunity Scholarship 16 Program to require that school grades for all schools 17 be based on statewide assessments; amending s. 18 1002.39, F.S.; providing that when a student who is 19 receiving the John M. McKay Scholarship enrolls in a 20 public school or public school program, the term of 21 the student’s scholarship ends; providing an exception 22 for students who enter a Department of Juvenile 23 Justice detention center for a period of no more than 24 21 days; amending s. 1002.45, F.S.; revising 25 qualification requirements for virtual instruction 26 program providers; providing that an approved provider 27 retain its approved status for 3 school years after 28 approval; amending s. 1002.67, F.S.; requiring that 29 the State Board of Education periodically review and 30 revise the performance standards for the statewide 31 kindergarten screening and align the standards to the 32 performance standards for statewide assessments; 33 requiring that a private prekindergarten provider or 34 public school be placed on probation immediately after 35 failing to meet minimum standards rather than after 2 36 consecutive years of such failure; amending s. 37 1002.69, F.S.; authorizing nonpublic schools to 38 administer the statewide kindergarten screening to 39 kindergarten students who were enrolled in the 40 Voluntary Prekindergarten Program; requiring that the 41 Department of Education adopt a statewide voluntary 42 prekindergarten enrollment screening; requiring that 43 each early learning coalition administer the 44 enrollment screening; requiring the Department of 45 Education to include the percentage of students who 46 meet all state readiness measures in its provider 47 rating methodology; requiring that each parent or 48 guardian enrolling his or her child in a voluntary 49 prekindergarten education program submit the child for 50 enrollment screening if required by the provider; 51 removing a limitation on the minimum kindergarten 52 readiness rate for private and public prekindergarten 53 providers; amending s. 1002.71, F.S.; providing that a 54 child may reenroll more than once in a prekindergarten 55 program if granted a good cause exemption; amending s. 56 1002.73, F.S.; requiring the department to adopt 57 procedures for annually reporting the percentage of 58 students who meet all state readiness measures; 59 requiring that the Department of Education adopt 60 procedures for the statewide voluntary prekindergarten 61 enrollment screening, adopting the fee schedule, 62 determining learning gains of students who complete 63 the voluntary prekindergarten and kindergarten 64 screenings, and annually reporting the readiness of 65 kindergarten students; amending s. 1003.4156, F.S.; 66 revising the general requirements for middle grades 67 promotion; providing that a student with a disability 68 may have his or her end-of-course assessment results 69 waived under certain circumstances; providing that a 70 middle grades student is exempt from the reading 71 remediation requirements under certain circumstances; 72 amending s. 1003.428, F.S.; revising provisions 73 relating to the general requirements for high school 74 graduation; providing that a high school student may 75 be exempt from intensive reading under certain 76 circumstances; amending s. 1003.491, F.S.; revising 77 provisions relating to the Florida Career and 78 Professional Education Act; replacing references to 79 local workforce boards with regional workforce boards; 80 requiring that economic development agencies 81 collaborate with each district school board, regional 82 workforce boards, and postsecondary institutions to 83 develop a strategic 5-year plan that addresses local 84 and regional workforce demands; requiring that the 85 strategic plan include access to courses offered 86 through virtual education providers and a review of 87 career and professional academy courses; requiring 88 that the strategic plan be reviewed, updated, and 89 jointly approved; amending s. 1003.492, F.S.; revising 90 provisions relating to industry-certified career 91 education programs to conform to changes made by the 92 act; requiring that rules adopted by the State Board 93 of Education include an approval process for 94 determining the funding weights of industry 95 certifications; requiring that the performance factors 96 for students participating in industry-certified 97 career education programs include awards of 98 postsecondary credit and state scholarships; amending 99 s. 1003.493, F.S.; revising provisions relating to 100 career and professional academies to conform to 101 changes made by the act; requiring that career and 102 professional academies discontinue enrollment of 103 students for the following year if the passage rate on 104 the industry certification exam falls below 50 105 percent; creating s. 1003.4935, F.S.; requiring that 106 each district school board, in collaboration with 107 regional workforce boards, economic development 108 agencies, and state-approved postsecondary 109 institutions, include a component in the strategic 5 110 year plan to implement a career and professional 111 academy in at least one middle school in each 112 district; providing requirements for the middle school 113 career and professional academies; requiring that the 114 Department of Education collect and report student 115 achievement data for middle school career academy 116 students; amending s. 1003.575, F.S.; revising 117 provisions relating to assistive technology devices 118 for young persons with disabilities to require that 119 any school having an individualized education plan 120 team arrange to complete an assistive technology 121 assessment within a specified number of days after 122 receiving a request for such assessment; amending s. 123 1008.22, F.S.; revising provisions relating to the 124 student assessment program for public schools; 125 requiring that the Commissioner of Education direct 126 school districts to participate in the administration 127 of the National Assessment of Educational Progress or 128 similar national or international assessment program; 129 providing for future expiration of the requirement 130 that school districts participate in international 131 assessment programs; authorizing the school principal 132 to exempt certain students from the end-of-course 133 assessment in civics education; amending s. 1008.33, 134 F.S.; revising provisions relating to public school 135 improvement; requiring that the Department of 136 Education categorize public schools based on the 137 portion of a school’s grade that relies on statewide 138 assessments; revising the categorization of the 139 lowest-performing schools; amending s. 1008.331, F.S., 140 relating to supplemental educational services in Title 141 I schools; providing that a school board may include 142 in its district contract with a provider a requirement 143 to use a uniform standardized assessment if the 144 Department of Education is notified of such intent 145 before services are provided to the student; amending 146 s. 1008.34, F.S.; revising provisions relating to the 147 designation of school grades to conform to changes 148 made by the act; providing for assigning achievement 149 scores and learning gains for students who are 150 hospital or homebound; requiring that a school that 151 does not meet minimum proficiency standards 152 established by the State Board of Education receive a 153 school grade of “F”; amending ss. 1011.01 and 1011.03, 154 F.S., relating to the annual operating budgets of 155 district school boards and community college boards of 156 trustees; deleting a requirement that the adopted 157 budget be transmitted to the Department of Education 158 for review and approval; creating s. 1011.035, F.S.; 159 requiring each school district to post certain 160 budgetary information on its website; requiring that 161 each district school board’s website contain certain 162 specified links; amending s. 1011.61, F.S.; redefining 163 the term “full-time equivalent student” as it relates 164 to students in virtual instruction programs; amending 165 s. 1011.62, F.S.; revising provisions relating to the 166 calculation of additional full-time equivalent 167 membership based on certification of successful 168 completion of industry-certified career and 169 professional academy programs; requiring that the 170 value of full-time equivalent membership be determined 171 by weights adopted by the State Board of Education; 172 conforming provisions; amending s. 1012.39, F.S.; 173 requiring that each district school board establish 174 qualifications for nondegreed teachers of career and 175 technical education courses for program clusters 176 recognized in the state; authorizing district school 177 boards to establish alternative qualifications for 178 certain teachers; providing effective dates. 179 180 Be It Enacted by the Legislature of the State of Florida: 181 182 Section 1. Paragraph (a) of subsection (4) of section 183 1001.20, Florida Statutes, is amended to read: 184 1001.20 Department under direction of state board.— 185 (4) The Department of Education shall establish the 186 following offices within the Office of the Commissioner of 187 Education which shall coordinate their activities with all other 188 divisions and offices: 189 (a) Office of Technology and Information Services. 190 Responsible for developing a systemwide technology plan, making 191 budget recommendations to the commissioner, providing data 192 collection and management for the system, assisting school 193 districts in securing Internet access and telecommunications 194 services, including those eligible for funding under the Schools 195 and Libraries Program of the federal Universal Service Fund, and 196 coordinating services with other state, local, and private 197 agencies. The office shall develop a method to address the need 198 for a statewide approach to planning and operations of library 199 and information services to achieve a single K-20 education 200 system library information portal and a unified higher education 201 library management system.The Florida Virtual School shall be202administratively housed within the office.203 Section 2. Subsection (23) of section 1001.42, Florida 204 Statutes, is amended to read: 205 1001.42 Powers and duties of district school board.—The 206 district school board, acting as a board, shall exercise all 207 powers and perform all duties listed below: 208 (23) FLORIDA VIRTUAL SCHOOL.—Provide students with access 209 toenroll incourses available through the Florida Virtual 210 School and award credit for successful completion of such 211 courses. Access shall be available to students during andor212 after the normal school day and through summer school 213 enrollment. 214 Section 3. Section 1001.421, Florida Statutes, is created 215 to read: 216 1001.421 Gifts.—Notwithstanding ss. 112.3148 and 112.3149, 217 or any other provision of law to the contrary, school board 218 members and their relatives as defined in s. 112.312(21), may 219 not solicit or accept, directly or indirectly, any gift as 220 defined in s. 112.312(12), from any person, vendor, potential 221 vendor, or other entity doing business with the school district. 222 Section 4. Paragraph (a) of subsection (1) of section 223 1002.37, Florida Statutes, is amended to read: 224 1002.37 The Florida Virtual School.— 225 (1)(a) The Florida Virtual School is established for the 226 development and delivery of online and distance learning 227 educationand shall be administratively housed within the228Commissioner of Education’s Office of Technology and Information229Services. The Commissioner of Education shall monitor the 230 school’s performance and report its performance to the State 231 Board of Education and the Legislature. 232 233 The board of trustees of the Florida Virtual School shall 234 identify appropriate performance measures and standards based on 235 student achievement that reflect the school’s statutory mission 236 and priorities, and shall implement an accountability system for 237 the school that includes assessment of its effectiveness and 238 efficiency in providing quality services that encourage high 239 student achievement, seamless articulation, and maximum access. 240 Section 5. Paragraph (f) is added to subsection (3) of 241 section 1002.38, Florida Statutes, to read: 242 1002.38 Opportunity Scholarship Program.— 243 (3) SCHOOL DISTRICT OBLIGATIONS.— 244 (f) For purposes of this subsection, school grades for all 245 schools shall be based upon statewide assessments administered 246 pursuant to s. 1008.22. 247 Section 6. Paragraph (a) of subsection (4) of section 248 1002.39, Florida Statutes, is amended to read: 249 1002.39 The John M. McKay Scholarships for Students with 250 Disabilities Program.—There is established a program that is 251 separate and distinct from the Opportunity Scholarship Program 252 and is named the John M. McKay Scholarships for Students with 253 Disabilities Program. 254 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.— 255 (a) For purposes of continuity of educational choice, a 256 John M. McKay Scholarship shall remain in force until the 257 student returns to a public school, graduates from high school, 258 or reaches the age of 22, whichever occurs first. A scholarship 259 student who enrolls in a public school or public school program 260 has returned to a public school for purposes of determining the 261 end of the scholarship’s term. However, if a student enters a 262 Department of Juvenile Justice detention center for a period of 263 no more than 21 days, the student is not considered to have 264 returned to a public school for that purpose. 265 Section 7. Paragraph (b) of subsection (2) of section 266 1002.45, Florida Statutes, is amended to read: 267 1002.45 School district virtual instruction programs.— 268 (2) PROVIDER QUALIFICATIONS.— 269 (b) An approved provider shall retain its approved status 270 during the 3 school yearsfor a period of 3 yearsafter the date 271 of the department’s approval under paragraph (a) as long as the 272 provider continues to comply with all requirements of this 273 section. 274 Section 8. Subsection (1) and paragraph (c) of subsection 275 (3) of section 1002.67, Florida Statutes, are amended to read: 276 1002.67 Performance standards; curricula and 277 accountability.— 278 (1)(a) By April 1, 2005, the department shall develop and 279 adopt performance standards for students in the Voluntary 280 Prekindergarten Education Program. The performance standards 281 must address the age-appropriate progress of students in the 282 development of: 283 1.(a)The capabilities, capacities, and skills required 284 under s. 1(b), Art. IX of the State Constitution; and 285 2.(b)Emergent literacy skills, including oral 286 communication, knowledge of print and letters, phonemic and 287 phonological awareness, and vocabulary and comprehension 288 development. 289 (b) The State Board of Education shall periodically review 290 and revise the performance standards for the statewide 291 kindergarten screening administered under s. 1002.69 and align 292 the standards to those established by the board for the 293 expectations of student performance on the statewide assessments 294 administered pursuant to s. 1008.22. 295 (3) 296 (c)1. If the kindergarten readiness rate of a private 297 prekindergarten provider or public school falls below the 298 minimum rate adopted by the State Board of Education as 299 satisfactory under s. 1002.69(6), the early learning coalition 300 or school district, as applicable, shall require the provider or 301 school to submit an improvement plan for approval by the 302 coalition or school district, as applicable, and to implement 303 the plan. 304 2. If a private prekindergarten provider or public school 305 fails to meet the minimum rate adopted by the State Board of 306 Education as satisfactory under s. 1002.69(6)for 2 consecutive307years, the early learning coalition or school district, as 308 applicable, shall place the provider or school on probation and 309 must require the provider or school to take certain corrective 310 actions, including the use of a curriculum approved by the 311 department under paragraph (2)(c) and requiring newly admitted 312 voluntary prekindergarten program students to complete the 313 statewide voluntary prekindergarten enrollment screening for 314 which the provider must pay. 315 3. A private prekindergarten provider or public school that 316 is placed on probation must continue the corrective actions 317 required under subparagraph 2., including the use of a 318 curriculum approved by the department, until the provider or 319 school meets the minimum rate adopted by the State Board of 320 Education as satisfactory under s. 1002.69(6). 321 4. If a private prekindergarten provider or public school 322 remains on probation for 2 consecutive years and fails to meet 323 the minimum rate adopted by the State Board of Education as 324 satisfactory under s. 1002.69(6) and is not granted a good cause 325 exemption by the department pursuant to s. 1002.69(7), the 326 Agency for Workforce Innovation shall require the early learning 327 coalition or the Department of Education shall require the 328 school district to remove, as applicable, the provider or school 329 from eligibility to deliver the Voluntary Prekindergarten 330 Education Program and receive state funds for the program. 331 Section 9. Section 1002.69, Florida Statutes, is amended to 332 read: 333 1002.69 Statewide kindergarten screening; kindergarten 334 readiness rates; prekindergarten enrollment screening.— 335 (1)(a) The department shall adopt a statewide kindergarten 336 screening that assesses the readiness of each student for 337 kindergarten based upon the performance standards adopted by the 338 department under s. 1002.67(1) for the Voluntary Prekindergarten 339 Education Program. The department shall require that each school 340 district administer the statewide kindergarten screening to each 341 kindergarten student in the school district within the first 30 342 school days of each school year. Nonpublic schools may 343 administer the statewide kindergarten screening to each 344 kindergarten student in a nonpublic school who was enrolled in 345 the Voluntary Prekindergarten Education Program. 346 (b) The department shall also adopt a statewide voluntary 347 prekindergarten enrollment screening that assesses the readiness 348 of each student for kindergarten upon entry into a voluntary 349 prekindergarten program placed on probation under s. 350 1002.67(3)(c)2., for which the voluntary prekindergarten 351 provider must pay. The department shall require each early 352 learning coalition to administer the statewide voluntary 353 prekindergarten enrollment screening in accordance with this 354 section. 355 (2) The statewide voluntary prekindergarten enrollment 356 screening and the kindergarten screening shall provide objective 357 data concerning each student’s readiness for kindergarten and 358 progress in attaining the performance standards adopted by the 359 department under s. 1002.67(1). 360 (3) The statewide voluntary prekindergarten enrollment 361 screening and the kindergarten screening shall incorporate 362 mechanisms for recognizing potential variations in kindergarten 363 readiness rates for students with disabilities. 364 (4) Each parent who enrolls his or her child in the 365 Voluntary Prekindergarten Education Program must submit the 366 child for the statewide kindergarten screening, regardless of 367 whether the child is admitted to kindergarten in a public school 368 or nonpublic school. Each parent who enrolls his or her child in 369 a voluntary prekindergarten education program must submit the 370 child for statewide voluntary prekindergarten enrollment 371 screening if required by the provider. Each school district 372 shall designate sites to administer the statewide kindergarten 373 screening for children admitted to kindergarten in a nonpublic 374 school. 375 (5) The State Board of Education shall adopt procedures for 376 the department to annually calculate each private 377 prekindergarten provider’s and public school’s kindergarten 378 readiness rate, which must be expressed as the percentage of the 379 provider’s or school’s students who are assessed as ready for 380 kindergarten. The kindergarten readiness rates must be based 381 exclusively upon the results of the statewide kindergarten 382 screening for students completing the Voluntary Prekindergarten 383 Education Program, beginning with students completing the 384 program during the 2005-2006 school year who are administered 385 the statewide kindergarten screening during the 2006-2007 school 386 year. The methodology for calculating each provider’s readiness 387 rate must include the percentage of students who meet all state 388 readiness measures. The rates must not include students who are 389 not administered the statewide kindergarten screening. 390 (6)(a)The State Board of Education shall periodically 391 adopt a minimum kindergarten readiness rate that, if achieved by 392 a private prekindergarten provider or public school, would 393 demonstrate the provider’s or school’s satisfactory delivery of 394 the Voluntary Prekindergarten Education Program. 395(b) The minimum rate must not exceed the rate at which more396than 15 percent of the kindergarten readiness rates of all397private prekindergarten providers and public schools delivering398the Voluntary Prekindergarten Education Program in the state399would fall below the minimum rate.400 (7)(a) Notwithstanding s. 1002.67(3)(c)4., the State Board 401 of Education, upon the request of a private prekindergarten 402 provider or public school that remains on probation for 2 403 consecutive years or more and subsequently fails to meet the 404 minimum rate adopted under subsection (6) and for good cause 405 shown, may grant to the provider or school an exemption from 406 being determined ineligible to deliver the Voluntary 407 Prekindergarten Education Program and receive state funds for 408 the program. Such exemption is valid for 1 year and, upon the 409 request of the private prekindergarten provider or public school 410 and for good cause shown, may be renewed. 411 (b) A private prekindergarten provider’s or public school’s 412 request for a good cause exemption, or renewal of such an 413 exemption, must be submitted to the state board in the manner 414 and within the timeframes prescribed by the state board and must 415 include the following: 416 1. Submission of data by the private prekindergarten 417 provider or public school which documents on a standardized 418 assessment the achievement and progress of the children served. 419 2. Submission and review of data available from the 420 respective early learning coalition or district school board, 421 the Department of Children and Family Services, local licensing 422 authority, or an accrediting association, as applicable, 423 relating to the private prekindergarten provider’s or public 424 school’s compliance with state and local health and safety 425 standards. 426 3. Submission and review of data available to the 427 department on the performance of the children served and the 428 calculation of the private prekindergarten provider’s or public 429 school’s kindergarten readiness rate. 430 (c) The State Board of Education shall adopt criteria for 431 granting good cause exemptions. Such criteria shall include, but 432 are not limited to: 433 1. Learning gains of children served in the Voluntary 434 Prekindergarten Education Program by the private prekindergarten 435 provider or public school. 4362. Verification that the private prekindergarten provider437or public school serves at least twice the statewide percentage438of children with disabilities as defined in s.1003.01(3)(a) or439children identified as limited English proficient as defined in440s.1003.56.441 2.3.Verification that local and state health and safety 442 requirements are met. 443 (d) A good cause exemption may not be granted to any 444 private prekindergarten provider that has any class I violations 445 or two or more class II violations within the 2 years preceding 446 the provider’s or school’s request for the exemption. For 447 purposes of this paragraph, class I and class II violations have 448 the same meaning as provided in s. 402.281(3). 449 (e) A private prekindergarten provider or public school 450 granted a good cause exemption shall continue to implement its 451 improvement plan and continue the corrective actions required 452 under s. 1002.67(3)(c)2., including the use of a curriculum 453 approved by the department, until the provider or school meets 454 the minimum rate adopted under subsection (6). 455 (f) The State Board of Education shall notify the Agency 456 for Workforce Innovation of any good cause exemption granted to 457 a private prekindergarten provider under this subsection. If a 458 good cause exemption is granted to a private prekindergarten 459 provider who remains on probation for 2 consecutive years, the 460 Agency for Workforce Innovation shall notify the early learning 461 coalition of the good cause exemption and direct that the 462 coalition, notwithstanding s. 1002.67(3)(c)4., not remove the 463 provider from eligibility to deliver the Voluntary 464 Prekindergarten Education Program or to receive state funds for 465 the program, if the provider meets all other applicable 466 requirements of this part. 467 Section 10. Subsection (4) of section 1002.71, Florida 468 Statutes, is amended to read: 469 1002.71 Funding; financial and attendance reporting.— 470 (4) Notwithstanding s. 1002.53(3) and subsection (2): 471 (a) A child who, for any of the prekindergarten programs 472 listed in s. 1002.53(3), has not completed more than 70 percent 473 of the hours authorized to be reported for funding under 474 subsection (2), or has not expended more than 70 percent of the 475 funds authorized for the child under s. 1002.66, may withdraw 476 from the program for good cause and reenroll in one of the 477 programs. The total funding for a child who reenrolls in one of 478 the programs for good cause may not exceed one full-time 479 equivalent student. Funding for a child who withdraws and 480 reenrolls in one of the programs for good cause shall be issued 481 in accordance with the agency’s uniform attendance policy 482 adopted pursuant to paragraph (6)(d). 483 (b) A child who has not substantially completed any of the 484 prekindergarten programs listed in s. 1002.53(3) may withdraw 485 from the program due to an extreme hardship that is beyond the 486 child’s or parent’s control, reenroll in one of the summer 487 programs, and be reported for funding purposes as a full-time 488 equivalent student in the summer program for which the child is 489 reenrolled. 490 491 A child may reenroll only once in a prekindergarten program 492 under this section, unless the child is granted a good cause 493 exemption under this subsection. A child who reenrolls in a 494 prekindergarten program under this subsection may not 495 subsequently withdraw from the program and reenroll. The Agency 496 for Workforce Innovation shall establish criteria specifying 497 whether a good cause exists for a child to withdraw from a 498 program under paragraph (a), whether a child has substantially 499 completed a program under paragraph (b), and whether an extreme 500 hardship exists which is beyond the child’s or parent’s control 501 under paragraph (b). 502 Section 11. Subsection (2) of section 1002.73, Florida 503 Statutes, is amended to read: 504 1002.73 Department of Education; powers and duties; 505 accountability requirements.— 506 (2) The department shall adopt procedures for its: 507 (a) Approval of prekindergarten director credentials under 508 ss. 1002.55 and 1002.57. 509 (b) Approval of emergent literacy training courses under 510 ss. 1002.55 and 1002.59. 511 (c) Administration of the statewide kindergarten screening 512 and calculation of kindergarten readiness rates under s. 513 1002.69. 514 (d) Adoption of the statewide voluntary prekindergarten 515 enrollment screening, the associated fee schedule, and the 516 process for determining learning gains of students who complete 517 the statewide voluntary prekindergarten enrollment screening and 518 the statewide kindergarten screening. 519 (e)(d)Approval of specialized instructional services 520 providers under s. 1002.66. 521 (f) Annual reporting of the percentage of kindergarten 522 students who meet all state readiness measures. 523 (g)(e)Granting of a private prekindergarten provider’s or 524 public school’s request for a good cause exemption under s. 525 1002.69(7). 526 Section 12. Subsection (1) of section 1003.4156, Florida 527 Statutes, is amended to read: 528 1003.4156 General requirements for middle grades 529 promotion.— 530 (1) Beginning with students entering grade 6 in the 2006 531 2007 school year, promotion from a school composed of middle 532 grades 6, 7, and 8 requires that: 533 (a) The student must successfully complete academic courses 534 as follows: 535 1. Three middle school or higher courses in English. These 536 courses shall emphasize literature, composition, and technical 537 text. 538 2. Three middle school or higher courses in mathematics. 539 Each middle school must offer at least one high school level 540 mathematics course for which students may earn high school 541 credit. Successful completion of a high school level Algebra I 542 or geometry course is not contingent upon the student’s 543 performance on the end-of-course assessment required under s. 544 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012 545 school year, to earn high school credit for an Algebra I course, 546 a middle school student must pass the Algebra I end-of-course 547 assessment, and beginning with the 2012-2013 school year, to 548 earn high school credit for a geometry course, a middle school 549 student must pass the geometry end-of-course assessment. 550 3. Three middle school or higher courses in social studies, 551 one semester of which must include the study of state and 552 federal government and civics education. Beginning with students 553 entering grade 6 in the 2012-2013 school year, one of these 554 courses must be at least a one-semester civics education course 555 that a student successfully completes in accordance with s. 556 1008.22(3)(c) and that includes the roles and responsibilities 557 of federal, state, and local governments; the structures and 558 functions of the legislative, executive, and judicial branches 559 of government; and the meaning and significance of historic 560 documents, such as the Articles of Confederation, the 561 Declaration of Independence, and the Constitution of the United 562 States. 563 4. Three middle school or higher courses in science. 564 Successful completion of a high school level Biology I course is 565 not contingent upon the student’s performance on the end-of 566 course assessment required under s. 1008.22(3)(c)2.a.(II). 567 However, beginning with the 2012-2013 school year, to earn high 568 school credit for a Biology I course, a middle school student 569 must pass the Biology I end-of-course assessment. 570 5. One course in career and education planning to be 571 completed in 7th or 8th grade. The course may be taught by any 572 member of the instructional staff; must include career 573 exploration using Florida CHOICES or a comparable cost-effective 574 program; must include educational planning using the online 575 student advising system known as Florida Academic Counseling and 576 Tracking for Students at the Internet website FACTS.org; and 577 shall result in the completion of a personalized academic and 578 career plan. The required personalized academic and career plan 579 must inform students of high school graduation requirements, 580 high school assessment and college entrance test requirements, 581 Florida Bright Futures Scholarship Program requirements, state 582 university and Florida college admission requirements, and 583 programs through which a high school student can earn college 584 credit, including Advanced Placement, International 585 Baccalaureate, Advanced International Certificate of Education, 586 dual enrollment, career academy opportunities, and courses that 587 lead to national industry certification. 588 589 A student with a disability, as defined in s. 1007.02(2), for 590 whom the individual education plan committee determines that the 591 end-of-course assessment cannot accurately measure the student’s 592 abilities, taking into consideration all allowable 593 accommodations, shall have the end-of-course assessment results 594 waived for purposes of determining the student’s course grade 595 and completing the requirements for middle grades promotion. 596 Each school must hold a parent meeting either in the evening or 597 on a weekend to inform parents about the course curriculum and 598 activities. Each student shall complete an electronic personal 599 education plan that must be signed by the student; the student’s 600 instructor, guidance counselor, or academic advisor; and the 601 student’s parent. The Department of Education shall develop 602 course frameworks and professional development materials for the 603 career exploration and education planning course. The course may 604 be implemented as a stand-alone course or integrated into 605 another course or courses. The Commissioner of Education shall 606 collect longitudinal high school course enrollment data by 607 student ethnicity in order to analyze course-taking patterns. 608 (b) For each year in which a student scores at Level l on 609 FCAT Reading, the student must be enrolled in and complete an 610 intensive reading course the following year. Placement of Level 611 2 readers in either an intensive reading course or a content 612 area course in which reading strategies are delivered shall be 613 determined by diagnosis of reading needs. The department shall 614 provide guidance on appropriate strategies for diagnosing and 615 meeting the varying instructional needs of students reading 616 below grade level. Reading courses shall be designed and offered 617 pursuant to the comprehensive reading plan required by s. 618 1011.62(9). A middle grades student who scores at Level 1 or 619 Level 2 on FCAT Reading, but who did not score below Level 3 the 620 year before, may be granted an exemption from the reading 621 remediation requirements. A student may be granted a 1-year 622 exemption from intensive reading; however, the student must have 623 an approved academic improvement plan already in place and 624 signed by the school and a parent or guardian for the year that 625 the exemption is granted. 626 (c) For each year in which a student scores at Level 1 or 627 Level 2 on FCAT Mathematics, the student must receive 628 remediation the following year, which may be integrated into the 629 student’s required mathematics course. 630 Section 13. Subsection (2) of section 1003.428, Florida 631 Statutes, is amended to read: 632 1003.428 General requirements for high school graduation; 633 revised.— 634 (2) The 24 credits may be earned through applied, 635 integrated, and combined courses approved by the Department of 636 Education. The 24 credits shall be distributed as follows: 637 (a) Sixteen core curriculum credits: 638 1. Four credits in English, with major concentration in 639 composition, reading for information, and literature. 640 2. Four credits in mathematics, one of which must be 641 Algebra I, a series of courses equivalent to Algebra I, or a 642 higher-level mathematics course. Beginning with students 643 entering grade 9 in the 2010-2011 school year, in addition to 644 the Algebra I credit requirement, one of the four credits in 645 mathematics must be geometry or a series of courses equivalent 646 to geometry as approved by the State Board of Education. 647 Beginning with students entering grade 9 in the 2010-2011 school 648 year, the end-of-course assessment requirements under s. 649 1008.22(3)(c)2.a.(I) must be met in order for a student to earn 650 the required credit in Algebra I. Beginning with students 651 entering grade 9 in the 2011-2012 school year, the end-of-course 652 assessment requirements under s. 1008.22(3)(c)2.a.(I) must be 653 met in order for a student to earn the required credit in 654 geometry. Beginning with students entering grade 9 in the 2012 655 2013 school year, in addition to the Algebra I and geometry 656 credit requirements, one of the four credits in mathematics must 657 be Algebra II or a series of courses equivalent to Algebra II as 658 approved by the State Board of Education. 659 3. Three credits in science, two of which must have a 660 laboratory component. Beginning with students entering grade 9 661 in the 2011-2012 school year, one of the three credits in 662 science must be Biology I or a series of courses equivalent to 663 Biology I as approved by the State Board of Education. Beginning 664 with students entering grade 9 in the 2011-2012 school year, the 665 end-of-course assessment requirements under s. 666 1008.22(3)(c)2.a.(II) must be met in order for a student to earn 667 the required credit in Biology I. Beginning with students 668 entering grade 9 in the 2013-2014 school year, one of the three 669 credits must be Biology I or a series of courses equivalent to 670 Biology I as approved by the State Board of Education, one 671 credit must be chemistry or physics or a series of courses 672 equivalent to chemistry or physics as approved by the State 673 Board of Education, and one credit must be an equally rigorous 674 course, as determined by the State Board of Education. 675 4. Three credits in social studies as follows: one credit 676 in United States history; one credit in world history; one-half 677 credit in economics; and one-half credit in United States 678 government. 679 5. One credit in fine or performing arts, speech and 680 debate, or a practical arts course that incorporates artistic 681 content and techniques of creativity, interpretation, and 682 imagination. Eligible practical arts courses shall be identified 683 through the Course Code Directory. 684 6. One credit in physical education to include integration 685 of health. Participation in an interscholastic sport at the 686 junior varsity or varsity level for two full seasons shall 687 satisfy the one-credit requirement in physical education if the 688 student passes a competency test on personal fitness with a 689 score of “C” or better. The competency test on personal fitness 690 must be developed by the Department of Education. A district 691 school board may not require that the one credit in physical 692 education be taken during the 9th grade year. Completion of one 693 semester with a grade of “C” or better in a marching band class, 694 in a physical activity class that requires participation in 695 marching band activities as an extracurricular activity, or in a 696 dance class shall satisfy one-half credit in physical education 697 or one-half credit in performing arts. This credit may not be 698 used to satisfy the personal fitness requirement or the 699 requirement for adaptive physical education under an individual 700 education plan (IEP) or 504 plan. Completion of 2 years in a 701 Reserve Officer Training Corps (R.O.T.C.) class, a significant 702 component of which is drills, shall satisfy the one-credit 703 requirement in physical education and the one-credit requirement 704 in performing arts. This credit may not be used to satisfy the 705 personal fitness requirement or the requirement for adaptive 706 physical education under an individual education plan (IEP) or 707 504 plan. 708 (b) Eight credits in electives. 709 1. For each year in which a student scores at Level 1 on 710 FCAT Reading, the student must be enrolled in and complete an 711 intensive reading course the following year. Placement of Level 712 2 readers in either an intensive reading course or a content 713 area course in which reading strategies are delivered shall be 714 determined by diagnosis of reading needs. The department shall 715 provide guidance on appropriate strategies for diagnosing and 716 meeting the varying instructional needs of students reading 717 below grade level. Reading courses shall be designed and offered 718 pursuant to the comprehensive reading plan required by s. 719 1011.62(9). 720 2. For each year in which a student scores at Level 1 or 721 Level 2 on FCAT Mathematics, the student must receive 722 remediation the following year. These courses may be taught 723 through applied, integrated, or combined courses and are subject 724 to approval by the department for inclusion in the Course Code 725 Directory. 726 727 A high school student who scores at Level 1 or Level 2 on FCAT 728 Reading, but who did not score below Level 3 the year before, 729 may be granted an exemption from intensive reading. A student 730 may be granted a 1-year exemption from intensive reading; 731 however, the student must have an approved academic improvement 732 plan already in place and signed by the school and a parent or 733 guardian for the year the exemption is granted. 734 Section 14. Subsections (2), (3), and (5) of section 735 1003.491, Florida Statutes, are amended to read: 736 1003.491 Florida Career and Professional Education Act.—The 737 Florida Career and Professional Education Act is created to 738 provide a statewide planning partnership between the business 739 and education communities in order to attract, expand, and 740 retain targeted, high-value industry and to sustain a strong, 741 knowledge-based economy. 742 (2)Beginning with the 2007-2008 school year,Each district 743 school board shall develop, in collaboration with regionallocal744 workforce boards, economic development agencies, and 745 postsecondary institutions approved to operate in the state, a 746 strategic 5-year plan to address and meet local and regional 747 workforce demands. If involvement of a regionalthelocal748 workforce board or an economic development agency in the 749 strategic plan development is not feasible, the local school 750 board, with the approval of the Agency for Workforce Innovation, 751 shall collaborate with the most appropriate regionallocal752 business leadership board. Two or more school districts may 753 collaborate in the development of the strategic plan and offer a 754 career and professional academy as a joint venture. The 755 strategic planSuch plansmust describe in detail provisions for 756 the efficient transportation of students, the maximum use of 757 shared resources,andaccess to courses aligned to state 758 curriculum standards through virtual education providers, and an 759 objective review of career and professional academy courses to 760 determine if the courses will lead to the attainment of industry 761 certifications included on the Industry Certified Funding List 762 pursuant to rules adopted by the State Board of Educationthe763Florida Virtual School when appropriate. Each strategic plan 764 shall be reviewed, updated, and jointly approved every 5 years 765 by the local school district, regional workforce boards, 766 economic development agencies, and state-approved postsecondary 767 institutionscompleted no later than June 30, 2008, and shall768include provisions to have in place at least one operational769career and professional academy, pursuant to s.1003.492, no770later than the beginning of the 2008-2009 school year. 771 (3) The strategic 5-year plan developed jointly between the 772 local school district, regionallocalworkforce boards, economic 773 development agencies, and state-approved postsecondary 774 institutions shall be constructed and based on: 775 (a) Research conducted to objectively determine local and 776 regional workforce needs for the ensuing 5 years, using labor 777 projections of the United States Department of Labor and the 778 Agency for Workforce Innovation; 779 (b) Strategies to develop and implement career academies 780 based on those careers determined to be in high demand; 781 (c) Maximum use of private sector facilities and personnel; 782 (d) Strategies that ensure instruction by industry 783 certified faculty and standards and strategies to maintain 784 current industry credentials and for recruiting and retaining 785 faculty to meet those standards; 786 (e) Alignment oftorequirements for middle school career 787 exploration, middle and high school career and professional 788 academies leading to industry certification, and high school 789 graduation requirementsredesign; 790 (f) Provisions to ensure that courses offered through 791 career and professional academies are academically rigorous, 792 meet or exceed appropriate state-adopted subject area standards, 793 result in attainment of industry certification, and, when 794 appropriate, result in postsecondary credit; 795 (g) Strategies to improve the passage rate for industry 796 certification exams if the rate falls below 50 percent; 797 (h)(g)Establishment of student eligibility criteria in 798 career and professional academies which include opportunities 799 for students who have been unsuccessful in traditional 800 classrooms but who show aptitude to participate in academies. 801 School boards shall address the analysis of eighth grade student 802 achievement data to provide opportunities for students who may 803 be deemed as potential dropouts to participate in career and 804 professional academies; 805 (i)(h)Strategies to provide sufficient space within 806 academies to meet workforce needs and to provide access to all 807 interested and qualified students; 808 (j)(i)Strategies to implementengage Department of809Juvenile Justice students incareer and professional academy 810 training that leads to industry certification at Department of 811 Juvenile Justice facilities; 812 (k)(j)Opportunities for high school students to earn 813 weighted or dual enrollment credit for higher-level career and 814 technical courses; 815 (l)(k)Promotion of the benefits of the Gold Seal Bright 816 Futures Scholarship; 817 (m)(l)Strategies to ensure the review of district pupil 818 progression plans and to amend such plans to include career and 819 professional courses and to include courses that may qualify as 820 substitute courses for core graduation requirements and those 821 that may be counted as elective courses; and 822 (n)(m)Strategies to provide professional development for 823 secondary guidance counselors on the benefits of career and 824 professional academies. 825 (5) The submission and review of newly proposed core 826 courses shall be conducted electronically, and each proposed 827 core course shall be approved or denied within 60 days. All 828 courses approved as core courses for purposes of middle school 829 promotion and high school graduationpurposesshall be 830 immediately added to the Course Code Directory. Approved core 831 courses shall also be reviewed and considered for approval for 832 dual enrollment credit. The Board of Governors and the 833 Commissioner of Education shall jointly recommend an annual 834 deadline for approval of new core courses to be included for 835 purposes of postsecondary admissions and dual enrollment credit 836 the following academic year. The State Board of Education shall 837 establish an appeals process in the event that a proposed course 838 is denied which shall require a consensus ruling by the Agency 839 for Workforce Innovation and the Commissioner of Education 840 within 15 days. The curriculum review committee must be 841 established and operational no later than September 1, 2007. 842 Section 15. Subsections (2) and (3) of section 1003.492, 843 Florida Statutes, are amended to read: 844 1003.492 Industry-certified career education programs.— 845 (2) The State Board of Education shall use the expertise of 846 Workforce Florida, Inc., and Enterprise Florida, Inc., to 847 develop and adopt rules pursuant to ss. 120.536(1) and 120.54 848 for implementing an industry certification process. These rules 849 shall include an approval process for determining the funding 850 weights of industry certifications based on the rigor of the 851 certification and the value of the certification to Florida 852 businesses and industry. Industry certification shall be defined 853 by the Agency for Workforce Innovation, based upon the highest 854 available national standards for specific industry 855 certification, to ensure student skill proficiency and to 856 address emerging labor market and industry trends. A regional 857 workforce board or a career and professional academy may apply 858 to Workforce Florida, Inc., to request additions to the approved 859 list of industry certifications based on high-demand job 860 requirements in the regional economy. The list of industry 861 certifications approved by Workforce Florida, Inc., and the 862 Department of Education shall be published and updated annually 863 by a date certain, to be included in the adopted rule. 864 (3) The Department of Education shall collect student 865 achievement and performance data in industry-certified career 866 education programs and shall work with Workforce Florida, Inc., 867 and Enterprise Florida, Inc., in the analysis of collected data. 868 The data collection and analyses shall examine the performance 869 of participating students over time. Performance factors shall 870 include, but not be limited to, graduation rates, retention 871 rates, awards of postsecondary credit and state scholarships 872 under chapter 1009Florida Bright Futures Scholarship awards, 873 additional educational attainment, employment records, earnings, 874 industry certification, and employer satisfaction. The 875 performance results and analysesof this studyshall be 876 submitted to the President of the Senate and the Speaker of the 877 House of Representatives annually by December 31. 878 Section 16. Subsections (2), (4), (5), and (6) of section 879 1003.493, Florida Statutes, are amended to read: 880 1003.493 Career and professional academies.— 881 (2) The goals of a career and professional academy are to: 882 (a) Increase student academic achievement and graduation 883 rates through integrated academic and career curricula. 884 (b) Prepare graduating high school students to make 885 appropriate choices relative to employment and future 886 educational experiences. 887 (c) Focus on career preparation through rigorous academics 888 and industry certification. 889 (d) Raise student aspiration and commitment to academic 890 achievement and work ethics through relevant coursework. 891(e) Support graduation requirements pursuant to s.1003.428892by providing creative, applied major areas of interest.893 (e)(f)Promote acceleration mechanisms, such as dual 894 enrollment, articulated credit, or occupational completion 895 points, so that students may earn postsecondary credit while in 896 high school. 897 (f)(g)Support the state’s economy by meeting industry 898 needs for skilled employees in high-demand occupations. 899 (4) Each career and professional academy must: 900 (a) Provide a rigorous standards-based academic curriculum 901 integrated with a career curriculum. The curriculum must take 902 into consideration multiple styles of student learning; promote 903 learning by doing through application and adaptation; maximize 904 relevance of the subject matter; enhance each student’s capacity 905 to excel; and include an emphasis on work habits and work 906 ethics. 907 (b) Include one or more partnerships with postsecondary 908 institutions, businesses, industry, employers, economic 909 development organizations, or other appropriate partners from 910 the local community. Such partnerships shall be delineated in 911 articulation agreements to provide for career-based courses that 912 earn postsecondary credit. Such agreements may include 913 articulation between the academy and public or private 2-year 914 and 4-year postsecondary institutions and technical centers. The 915 Department of Education, in consultation with the Board of 916 Governors, shall establish a mechanism to ensure articulation 917 and transfer of credits to postsecondary institutions in this 918 state. Such partnerships must provide opportunities for: 919 1. Instruction from highly skilled professionals who 920 possess industry-certification credentials for courses they are 921 teaching. 922 2. Internships, externships, and on-the-job training. 923 3. A postsecondary degree, diploma, or certificate. 924 4. The highest available level of industry certification. 925 5. Maximum articulation of credits pursuant to s. 1007.23 926 upon program completion. 927 (c) Provide shared, maximum use of private sector 928 facilities and personnel. 929 (d) Provide personalized student advisement, including a 930 parent-participation component, and coordination with middle 931 schools to promote and support career exploration and education 932 planning as required under s. 1003.4156. Coordination with 933 middle schools must provide information to middle school 934 students about secondary and postsecondary career education 935 programs and academies. 936 (e) Promote and provide opportunities for career and 937 professional academy students to attain, at minimum, the Florida 938 Gold Seal Vocational Scholars award pursuant to s. 1009.536. 939 (f) Provide instruction in careers designated as high 940 growth, high demand, and high pay by the regionallocal941 workforce development board, the chamber of commerce, economic 942 development agencies, or the Agency for Workforce Innovation. 943 (g) Deliver academic content through instruction relevant 944 to the career, including intensive reading and mathematics 945 intervention required by s. 1003.428, with an emphasis on 946 strengthening reading for information skills. 947 (h) Offer applied courses that combine academic content 948 with technical skills. 949 (i) Provide instruction resulting in competency, 950 certification, or credentials in workplace skills, including, 951 but not limited to, communication skills, interpersonal skills, 952 decisionmaking skills, the importance of attendance and 953 timeliness in the work environment, and work ethics. 954(j) Provide opportunities for students to obtain the955Florida Ready to Work Certification pursuant to s.1004.99.956(k) Include an evaluation plan developed jointly with the957Department of Education and the local workforce board. The958evaluation plan must include an assessment tool based on959national industry standards, such as the Career Academy National960Standards of Practice, and outcome measures, including, but not961limited to, achievement of national industry certifications962identified in the Industry Certification Funding List, pursuant963to rules adopted by the State Board of Education, graduation964rates, enrollment in postsecondary education, business and965industry satisfaction, employment and earnings, awards of966postsecondary credit and scholarships, and student achievement967levels and learning gains on statewide assessments administered968under s.1008.22(3)(c). The Department of Education shall use969Workforce Florida, Inc., and Enterprise Florida, Inc., in970identifying industry experts to participate in developing and971implementing such assessments.972 (j)(l)Include a plan to sustain career and professional 973 academies. 974 (k)(m)Redirect appropriated career funding to career and 975 professional academies. 976 (5) All career courses offered in a career and professional 977 academy must lead to industry certification or college credit 978 linked directly to the career theme of the course. If the 979 passage rate on the industry certification exam that is 980 associated with the career and professional academy falls below 981 50 percent, the academy must discontinue enrollment of students 982 the following school year.At least 50 percent of students983enrolled in a career course must achieve industry certifications984or college credits during the second year the course is offered985in order for the course to be offered a third year. At least 66986percent of students enrolled in such a course must achieve987industry certifications or college credits during the third year988the course is offered in order for it to be offered a fourth989year and thereafter.990 (6) Workforce Florida, Inc., through the secondary career 991 academies initiatives,The Okaloosa County School District992CHOICE Institutesshall serve in an advisory role andshall993 offer technical assistance in the development and deployment of 994 newly established career and professional academiesfor a 3-year995period beginning July 1, 2007. 996 Section 17. Section 1003.4935, Florida Statutes, is created 997 to read: 998 1003.4935 Middle school career and professional academy 999 courses.— 1000 (1) Beginning with the 2011-2012 school year, each district 1001 school board, in collaboration with regional workforce boards, 1002 economic development agencies, and state-approved postsecondary 1003 institutions, shall include plans to implement a career and 1004 professional academy in at least one middle school in the 1005 district as part of the strategic 5-year plan pursuant to s. 1006 1003.491(2). The middle school career and professional academy 1007 component of the strategic plan must ensure the transition of 1008 middle school career and professional academy students to a high 1009 school career and professional academy currently operating 1010 within the school district. Students who complete a middle 1011 school career and professional academy must have the opportunity 1012 to earn an industry certificate and high school credit and 1013 participate in career planning, job shadowing, and business 1014 leadership development activities. 1015 (2) Each middle school career and professional academy must 1016 be aligned with at least one high school career and professional 1017 academy offered in the district and maintain partnerships with 1018 local business and industry and economic development boards. 1019 Middle school career and professional academies must: 1020 (a) Provide instruction in courses leading to careers in 1021 occupations designated as high growth, high demand, and high pay 1022 in the Industry Certification Funding List approved under rules 1023 adopted by the State Board of Education; 1024 (b) Offer career and professional academy courses that 1025 integrate content from core subject areas; 1026 (c) Offer courses that integrate career and professional 1027 academy content with intensive reading and mathematics pursuant 1028 to s. 1003.428; 1029 (d) Coordinate with high schools to maximize opportunities 1030 for middle school career and professional academy students to 1031 earn high school credit; 1032 (e) Provide access to virtual instruction courses aligned 1033 to state curriculum standards for middle school career and 1034 professional academy students, with priority given to students 1035 who have required course deficits; 1036 (f) Provide instruction from highly skilled professionals 1037 who hold industry certificates in the career area in which they 1038 teach; 1039 (g) Offer externships; and 1040 (h) Provide personalized student advisement that includes a 1041 parent-participation component. 1042 (3) Beginning with the 2012-2013 school year, the 1043 Department of Education shall collect and report student 1044 achievement data pursuant to performance factors identified 1045 under s. 1003.492(3) for middle school career and professional 1046 academy students. 1047 Section 18. Section 1003.575, Florida Statutes, is amended 1048 to read: 1049 1003.575 Assistive technology devices; findings; 1050 interagency agreements.—Accessibility, utilization, and 1051 coordination of appropriate assistive technology devices and 1052 services are essential as a young person with disabilities moves 1053 from early intervention to preschool, from preschool to school, 1054 from one school to another, and from school to employment or 1055 independent living. Within 60 to 90 days after receiving a 1056 request for an assistive technology assessment, any school that 1057 has an individualized education plan team shall arrange to 1058 complete the assessment. To ensure that an assistive technology 1059 device issued to a young person as part of his or her 1060 individualized family support plan, individual support plan, or 1061 an individual education plan remains with the individual through 1062 such transitions, the following agencies shall enter into 1063 interagency agreements, as appropriate, to ensure the 1064 transaction of assistive technology devices: 1065 (1) The Florida Infants and Toddlers Early Intervention 1066 Program in the Division of Children’s Medical Services of the 1067 Department of Health. 1068 (2) The Division of Blind Services, the Bureau of 1069 Exceptional Education and Student Services, and the Division of 1070 Vocational Rehabilitation of the Department of Education. 1071 (3) The Voluntary Prekindergarten Education Program 1072 administered by the Department of Education and the Agency for 1073 Workforce Innovation. 1074 1075 Interagency agreements entered into pursuant to this section 1076 shall provide a framework for ensuring that young persons with 1077 disabilities and their families, educators, and employers are 1078 informed about the utilization and coordination of assistive 1079 technology devices and services that may assist in meeting 1080 transition needs, and shall establish a mechanism by which a 1081 young person or his or her parent may request that an assistive 1082 technology device remain with the young person as he or she 1083 moves through the continuum from home to school to postschool. 1084 Section 19. Effective upon this act becoming a law, 1085 subsection (2) and paragraph (c) of subsection (3) of section 1086 1008.22, Florida Statutes, are amended to read: 1087 1008.22 Student assessment program for public schools.— 1088 (2) NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.—It is 1089 Florida’s intent to participate in the measurement of national 1090 educational goals. The Commissioner of Education shall direct 1091 Florida school districts to participate in the administration of 1092 the National Assessment of Educational Progress, orasimilar 1093 national or international assessment program, both for the 1094 national sample and for any state-by-state comparison programs 1095 which may be initiated. The assessments must be conducted using 1096 the data collection procedures, the student surveys, the 1097 educator surveys, and other instruments included in the National 1098 Assessment of Educational Progress or similar national or 1099 international program being administered in Florida. The results 1100 of these assessments shall be included in the annual report of 1101 the Commissioner of Education specified in this section, as 1102 applicable. The administration of the National Assessment of 1103 Educational Progress or similar national or international 1104 program shall be in addition to and separate from the 1105 administration of the statewide assessment program. The 1106 requirement that school districts participate in international 1107 assessment programs shall expire June 30, 2016. 1108 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall 1109 design and implement a statewide program of educational 1110 assessment that provides information for the improvement of the 1111 operation and management of the public schools, including 1112 schools operating for the purpose of providing educational 1113 services to youth in Department of Juvenile Justice programs. 1114 The commissioner may enter into contracts for the continued 1115 administration of the assessment, testing, and evaluation 1116 programs authorized and funded by the Legislature. Contracts may 1117 be initiated in 1 fiscal year and continue into the next and may 1118 be paid from the appropriations of either or both fiscal years. 1119 The commissioner is authorized to negotiate for the sale or 1120 lease of tests, scoring protocols, test scoring services, and 1121 related materials developed pursuant to law. Pursuant to the 1122 statewide assessment program, the commissioner shall: 1123 (c) Develop and implement a student achievement testing 1124 program as follows: 1125 1. The Florida Comprehensive Assessment Test (FCAT) 1126 measures a student’s content knowledge and skills in reading, 1127 writing, science, and mathematics. The content knowledge and 1128 skills assessed by the FCAT must be aligned to the core 1129 curricular content established in the Next Generation Sunshine 1130 State Standards. Other content areas may be included as directed 1131 by the commissioner. Comprehensive assessments of reading and 1132 mathematics shall be administered annually in grades 3 through 1133 10 except, beginning with the 2010-2011 school year, the 1134 administration of grade 9 FCAT Mathematics shall be 1135 discontinued, and beginning with the 2011-2012 school year, the 1136 administration of grade 10 FCAT Mathematics shall be 1137 discontinued, except as required for students who have not 1138 attained minimum performance expectations for graduation as 1139 provided in paragraph (9)(c). FCAT Writing and FCAT Science 1140 shall be administered at least once at the elementary, middle, 1141 and high school levels except, beginning with the 2011-2012 1142 school year, the administration of FCAT Science at the high 1143 school level shall be discontinued. 1144 2.a. End-of-course assessments for a subject shall be 1145 administered in addition to the comprehensive assessments 1146 required under subparagraph 1. End-of-course assessments must be 1147 rigorous, statewide, standardized, and developed or approved by 1148 the department. The content knowledge and skills assessed by 1149 end-of-course assessments must be aligned to the core curricular 1150 content established in the Next Generation Sunshine State 1151 Standards. 1152 (I) Statewide, standardized end-of-course assessments in 1153 mathematics shall be administered according to this sub-sub 1154 subparagraph. Beginning with the 2010-2011 school year, all 1155 students enrolled in Algebra I or an equivalent course must take 1156 the Algebra I end-of-course assessment.Students who earned high1157school credit in Algebra I while in grades 6 through 8 during1158the 2007-2008 through 2009-2010 school years and who have not1159taken Grade 10 FCAT Mathematics must take the Algebra I end-of1160course assessment during the 2010-2011 school year.For students 1161 entering grade 9 during the 2010-2011 school year and who are 1162 enrolled in Algebra I or an equivalent, each student’s 1163 performance on the end-of-course assessment in Algebra I shall 1164 constitute 30 percent of the student’s final course grade. 1165 Beginning with students entering grade 9 in the 2011-2012 school 1166 year, a student who is enrolled in Algebra I or an equivalent 1167 must earn a passing score on the end-of-course assessment in 1168 Algebra I or attain an equivalent score as described in 1169 subsection (11) in order to earn course credit. Beginning with 1170 the 2011-2012 school year, all students enrolled in geometry or 1171 an equivalent course must take the geometry end-of-course 1172 assessment. For students entering grade 9 during the 2011-2012 1173 school year, each student’s performance on the end-of-course 1174 assessment in geometry shall constitute 30 percent of the 1175 student’s final course grade. Beginning with students entering 1176 grade 9 during the 2012-2013 school year, a student must earn a 1177 passing score on the end-of-course assessment in geometry or 1178 attain an equivalent score as described in subsection (11) in 1179 order to earn course credit. 1180 (II) Statewide, standardized end-of-course assessments in 1181 science shall be administered according to this sub-sub 1182 subparagraph. Beginning with the 2011-2012 school year, all 1183 students enrolled in Biology I or an equivalent course must take 1184 the Biology I end-of-course assessment. For the 2011-2012 school 1185 year, each student’s performance on the end-of-course assessment 1186 in Biology I shall constitute 30 percent of the student’s final 1187 course grade. Beginning with students entering grade 9 during 1188 the 2012-2013 school year, a student must earn a passing score 1189 on the end-of-course assessment in Biology I in order to earn 1190 course credit. 1191 b. During the 2012-2013 school year, an end-of-course 1192 assessment in civics education shall be administered as a field 1193 test at the middle school level. During the 2013-2014 school 1194 year, each student’s performance on the statewide, standardized 1195 end-of-course assessment in civics education shall constitute 30 1196 percent of the student’s final course grade. Beginning with the 1197 2014-2015 school year, a student must earn a passing score on 1198 the end-of-course assessment in civics education in order to 1199 pass the course and be promoted from the middle gradesreceive1200course credit. The school principal of a middle school shall 1201 determine, in accordance with State Board of Education rule, 1202 whether a student who transfers to the middle school and who has 1203 successfully completed a civics education course at the 1204 student’s previous school must take an end-of-course assessment 1205 in civics education. 1206 c. The commissioner may select one or more nationally 1207 developed comprehensive examinations, which may include, but 1208 need not be limited to, examinations for a College Board 1209 Advanced Placement course, International Baccalaureate course, 1210 or Advanced International Certificate of Education course, or 1211 industry-approved examinations to earn national industry 1212 certifications identified in the Industry Certification Funding 1213 List, pursuant to rules adopted by the State Board of Education, 1214 for use as end-of-course assessments under this paragraph, if 1215 the commissioner determines that the content knowledge and 1216 skills assessed by the examinations meet or exceed the grade 1217 level expectations for the core curricular content established 1218 for the course in the Next Generation Sunshine State Standards. 1219 The commissioner may collaborate with the American Diploma 1220 Project in the adoption or development of rigorous end-of-course 1221 assessments that are aligned to the Next Generation Sunshine 1222 State Standards. 1223 d. Contingent upon funding provided in the General 1224 Appropriations Act, including the appropriation of funds 1225 received through federal grants, the Commissioner of Education 1226 shall establish an implementation schedule for the development 1227 and administration of additional statewide, standardized end-of 1228 course assessments in English/Language Arts II, Algebra II, 1229 chemistry, physics, earth/space science, United States history, 1230 and world history. Priority shall be given to the development of 1231 end-of-course assessments in English/Language Arts II. The 1232 Commissioner of Education shall evaluate the feasibility and 1233 effect of transitioning from the grade 9 and grade 10 FCAT 1234 Reading and high school level FCAT Writing to an end-of-course 1235 assessment in English/Language Arts II. The commissioner shall 1236 report the results of the evaluation to the President of the 1237 Senate and the Speaker of the House of Representatives no later 1238 than July 1, 2011. 1239 3. The testing program shall measure student content 1240 knowledge and skills adopted by the State Board of Education as 1241 specified in paragraph (a) and measure and report student 1242 performance levels of all students assessed in reading, writing, 1243 mathematics, and science. The commissioner shall provide for the 1244 tests to be developed or obtained, as appropriate, through 1245 contracts and project agreements with private vendors, public 1246 vendors, public agencies, postsecondary educational 1247 institutions, or school districts. The commissioner shall obtain 1248 input with respect to the design and implementation of the 1249 testing program from state educators, assistive technology 1250 experts, and the public. 1251 4. The testing program shall be composed of criterion 1252 referenced tests that shall, to the extent determined by the 1253 commissioner, include test items that require the student to 1254 produce information or perform tasks in such a way that the core 1255 content knowledge and skills he or she uses can be measured. 1256 5. FCAT Reading, Mathematics, and Science and all 1257 statewide, standardized end-of-course assessments shall measure 1258 the content knowledge and skills a student has attained on the 1259 assessment by the use of scaled scores and achievement levels. 1260 Achievement levels shall range from 1 through 5, with level 1 1261 being the lowest achievement level, level 5 being the highest 1262 achievement level, and level 3 indicating satisfactory 1263 performance on an assessment. For purposes of FCAT Writing, 1264 student achievement shall be scored using a scale of 1 through 6 1265 and the score earned shall be used in calculating school grades. 1266 A score shall be designated for each subject area tested, below 1267 which score a student’s performance is deemed inadequate. The 1268 school districts shall provide appropriate remedial instruction 1269 to students who score below these levels. 1270 6. The State Board of Education shall, by rule, designate a 1271 passing score for each part of the grade 10 assessment test and 1272 end-of-course assessments. Any rule that has the effect of 1273 raising the required passing scores may apply only to students 1274 taking the assessment for the first time after the rule is 1275 adopted by the State Board of Education. Except as otherwise 1276 provided in this subparagraph and as provided in s. 1277 1003.428(8)(b) or s. 1003.43(11)(b), students must earn a 1278 passing score on grade 10 FCAT Reading and grade 10 FCAT 1279 Mathematics or attain concordant scores as described in 1280 subsection (10) in order to qualify for a standard high school 1281 diploma. 1282 7. In addition to designating a passing score under 1283 subparagraph 6., the State Board of Education shall also 1284 designate, by rule, a score for each statewide, standardized 1285 end-of-course assessment which indicates that a student is high 1286 achieving and has the potential to meet college-readiness 1287 standards by the time the student graduates from high school. 1288 8. Participation in the testing program is mandatory for 1289 all students attending public school, including students served 1290 in Department of Juvenile Justice programs, except as otherwise 1291 prescribed by the commissioner. A student who has not earned 1292 passing scores on the grade 10 FCAT as provided in subparagraph 1293 6. must participate in each retake of the assessment until the 1294 student earns passing scores or achieves scores on a 1295 standardized assessment which are concordant with passing scores 1296 pursuant to subsection (10). If a student does not participate 1297 in the statewide assessment, the district must notify the 1298 student’s parent and provide the parent with information 1299 regarding the implications of such nonparticipation. A parent 1300 must provide signed consent for a student to receive classroom 1301 instructional accommodations that would not be available or 1302 permitted on the statewide assessments and must acknowledge in 1303 writing that he or she understands the implications of such 1304 instructional accommodations. The State Board of Education shall 1305 adopt rules, based upon recommendations of the commissioner, for 1306 the provision of test accommodations for students in exceptional 1307 education programs and for students who have limited English 1308 proficiency. Accommodations that negate the validity of a 1309 statewide assessment are not allowable in the administration of 1310 the FCAT or an end-of-course assessment. However, instructional 1311 accommodations are allowable in the classroom if included in a 1312 student’s individual education plan. Students using 1313 instructional accommodations in the classroom that are not 1314 allowable as accommodations on the FCAT or an end-of-course 1315 assessment may have the FCAT or an end-of-course assessment 1316 requirement waived pursuant to the requirements of s. 1317 1003.428(8)(b) or s. 1003.43(11)(b). 1318 9. A student seeking an adult high school diploma must meet 1319 the same testing requirements that a regular high school student 1320 must meet. 1321 10. District school boards must provide instruction to 1322 prepare students in the core curricular content established in 1323 the Next Generation Sunshine State Standards adopted under s. 1324 1003.41, including the core content knowledge and skills 1325 necessary for successful grade-to-grade progression and high 1326 school graduation. If a student is provided with instructional 1327 accommodations in the classroom that are not allowable as 1328 accommodations in the statewide assessment program, as described 1329 in the test manuals, the district must inform the parent in 1330 writing and must provide the parent with information regarding 1331 the impact on the student’s ability to meet expected performance 1332 levels in reading, writing, mathematics, and science. The 1333 commissioner shall conduct studies as necessary to verify that 1334 the required core curricular content is part of the district 1335 instructional programs. 1336 11. District school boards must provide opportunities for 1337 students to demonstrate an acceptable performance level on an 1338 alternative standardized assessment approved by the State Board 1339 of Education following enrollment in summer academies. 1340 12. The Department of Education must develop, or select, 1341 and implement a common battery of assessment tools that will be 1342 used in all juvenile justice programs in the state. These tools 1343 must accurately measure the core curricular content established 1344 in the Next Generation Sunshine State Standards. 1345 13. For students seeking a special diploma pursuant to s. 1346 1003.438, the Department of Education must develop or select and 1347 implement an alternate assessment tool that accurately measures 1348 the core curricular content established in the Next Generation 1349 Sunshine State Standards for students with disabilities under s. 1350 1003.438. 1351 14. The Commissioner of Education shall establish schedules 1352 for the administration of statewide assessments and the 1353 reporting of student test results. When establishing the 1354 schedules for the administration of statewide assessments, the 1355 commissioner shall consider the observance of religious and 1356 school holidays. The commissioner shall, by August 1 of each 1357 year, notify each school district in writing and publish on the 1358 department’s Internet website the testing and reporting 1359 schedules for, at a minimum, the school year following the 1360 upcoming school year. The testing and reporting schedules shall 1361 require that: 1362 a. There is the latest possible administration of statewide 1363 assessments and the earliest possible reporting to the school 1364 districts of student test results which is feasible within 1365 available technology and specific appropriations; however, test 1366 results for the FCAT must be made available no later than the 1367 week of June 8. Student results for end-of-course assessments 1368 must be provided no later than 1 week after the school district 1369 completes testing for each course. The commissioner may extend 1370 the reporting schedule as he or she determines necessary. 1371 b.Beginning with the 2010-2011 school year,FCAT Writing 1372 mayisnot be administered earlier than the week of March 1 and 1373 a comprehensive statewide assessment of any other subject mayis1374 not be administered earlier than the week of April 15, unless 1375 the commissioner determines otherwise. 1376 c. A statewide, standardized end-of-course assessment is 1377 administeredduring a 3-week periodat the end of the course. 1378 The commissioner shall select ana 3-weekadministration period 1379 for assessments that meets the intent of end-of-course 1380 assessments and provides student results prior to the end of the 1381 course. School districts shall administer tests in accordance 1382 with the schedule determined by the commissionerselect 11383testing week within the 3-week administration period for each1384end-of-course assessment. For an end-of-course assessment 1385 administered at the end of the first semester, the commissioner 1386 shall determine the most appropriate testing dates based on a 1387 school district’s academic calendar. 1388 1389 The commissioner may, based on collaboration and input from 1390 school districts, design and implement student testing programs, 1391 for any grade level and subject area, necessary to effectively 1392 monitor educational achievement in the state, including the 1393 measurement of educational achievement of the Next Generation 1394 Sunshine State Standards for students with disabilities. 1395 Development and refinement of assessments shall include 1396 universal design principles and accessibility standards that 1397 will prevent any unintended obstacles for students with 1398 disabilities while ensuring the validity and reliability of the 1399 test. These principles should be applicable to all technology 1400 platforms and assistive devices available for the assessments. 1401 The field testing process and psychometric analyses for the 1402 statewide assessment program must include an appropriate 1403 percentage of students with disabilities and an evaluation or 1404 determination of the effect of test items on such students. 1405 Section 20. Paragraph (b) of subsection (3) and subsection 1406 (4) of section 1008.33, Florida Statutes, are amended to read: 1407 1008.33 Authority to enforce public school improvement.— 1408 (3) 1409 (b) For the purpose of determining whether a public school 1410 requires action to achieve a sufficient level of school 1411 improvement, the Department of Education shall annually 1412 categorize a public school in one of six categories based on the 1413 following: 1414 1. The portion of a school’s grade based on statewide 1415 assessments administered pursuant to s. 1008.22;school’s grade,1416pursuant to s.1008.34,and 1417 2. The level and rate of change in student performance in 1418 the areas of reading and mathematics, disaggregated into student 1419 subgroups as described in the federal Elementary and Secondary 1420 Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II). 1421 (4) The Department of Education shall create a matrix that 1422 reflects intervention and support strategies to address the 1423 particular needs of schools in each category. For purposes of 1424 this subsection, a school’s grade shall be calculated in 1425 accordance with paragraph (3)(b). 1426 (a) Intervention and support strategies shall be applied to 1427 schools based upon the school categorization. The Department of 1428 Education shall apply the most intense intervention strategies 1429 to the lowest-performing schools. For all but the lowest 1430 category and “F” schools in the second lowest category, the 1431 intervention and support strategies shall be administered solely 1432 by the districts and the schools. 1433 (b) Beginning with the school grades calculated in 1434 accordance with paragraph (3)(b) for the 2010-2011 school year, 1435 the lowest-performing schools are schools that have received:14361.a grade of “F” in the most recent school year and in 241437 of the last 46years; or14382. A grade of “D” or “F” in the most recent school year and1439meet at least three of the following criteria:1440a. The percentage of students who are not proficient in1441reading has increased when compared to measurements taken 51442years previously;1443b. The percentage of students who are not proficient in1444mathematics has increased when compared to measurements taken 51445years previously;1446c. At least 65 percent of the school’s students are not1447proficient in reading; or1448d. At least 65 percent of the school’s students are not1449proficient in mathematics. 1450 Section 21. Paragraph (h) is added to subsection (2) of 1451 section 1008.331, Florida Statutes, to read: 1452 1008.331 Supplemental educational services in Title I 1453 schools; school district, provider, and department 1454 responsibilities.— 1455 (2) RESPONSIBILITIES OF SCHOOL DISTRICT AND PROVIDER.— 1456 (h) Notwithstanding a provider’s submission to the 1457 department regarding the premethods and postmethods to be used 1458 to determine student learning gains, beginning with the 2011 1459 2012 school year, a school board may include in its district 1460 contract with a provider a requirement to use a uniform 1461 standardized assessment, if the department is notified of such 1462 intent before services are provided to the student. 1463 Section 22. Subsection (3) of section 1008.34, Florida 1464 Statutes, is amended to read: 1465 1008.34 School grading system; school report cards; 1466 district grade.— 1467 (3) DESIGNATION OF SCHOOL GRADES.— 1468 (a) Each school that has students who are tested and 1469 included in the school grading system shall receive a school 1470 grade, except as follows: 1471 1. A school shall not receive a school grade if the number 1472 of its students tested and included in the school grading system 1473 is less than the minimum sample size necessary, based on 1474 accepted professional practice, for statistical reliability and 1475 prevention of the unlawful release of personally identifiable 1476 student data under s. 1002.22 or 20 U.S.C. s. 1232g. 1477 2. An alternative school may choose to receive a school 1478 grade under this section or a school improvement rating under s. 1479 1008.341. For charter schools that meet the definition of an 1480 alternative school pursuant to State Board of Education rule, 1481 the decision to receive a school grade is the decision of the 1482 charter school governing board. 1483 3. A school that serves any combination of students in 1484 kindergarten through grade 3 which does not receive a school 1485 grade because its students are not tested and included in the 1486 school grading system shall receive the school grade designation 1487 of a K-3 feeder pattern school identified by the Department of 1488 Education and verified by the school district. A school feeder 1489 pattern exists if at least 60 percent of the students in the 1490 school serving a combination of students in kindergarten through 1491 grade 3 are scheduled to be assigned to the graded school. 1492 (b)1. A school’s grade shall be based on a combination of: 1493 a. Student achievement scores, including achievement on all 1494 FCAT assessments administered under s. 1008.22(3)(c)1., end-of 1495 course assessments administered under s. 1008.22(3)(c)2.a., and 1496 achievement scores for students seeking a special diploma. 1497 b. Student learning gains in reading and mathematics as 1498 measured by FCAT and end-of-course assessments, as described in 1499 s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking 1500 a special diploma, as measured by an alternate assessment tool, 1501 shall be included not later than the 2009-2010 school year. 1502 c. Improvement of the lowest 25th percentile of students in 1503 the school in reading and mathematics on the FCAT or end-of 1504 course assessments described in s. 1008.22(3)(c)2.a., unless 1505 these students are exhibiting satisfactory performance. 1506 2. Beginning with the 2011-2012 school year, for schools 1507 comprised of middle school grades 6 through 8 or grades 7 and 8, 1508 the school’s grade shall include the performance of its students 1509 in high school level courses with end-of-course assessments 1510 administered under s. 1008.22(3)(c)2.a., and as valid data 1511 becomes available, the students’ attainment of national industry 1512 certification identified in the Industry Certification Funding 1513 List pursuant to rules adopted by the State Board of Education. 1514 3.2.Beginning with the 2009-2010 school year for schools 1515 comprised of high school grades 9, 10, 11, and 12, or grades 10, 1516 11, and 12, 50 percent of the school grade shall be based on a 1517 combination of the factors listed in sub-subparagraphs 1.a.-c. 1518 and the remaining 50 percent on the following factors: 1519 a. The high school graduation rate of the school; 1520 b. As valid data becomes available, the performance and 1521 participation of the school’s students in College Board Advanced 1522 Placement courses, International Baccalaureate courses, dual 1523 enrollment courses, and Advanced International Certificate of 1524 Education courses; and the students’ achievement of national 1525 industry certification identified in the Industry Certification 1526 Funding List, pursuant to rules adopted by the State Board of 1527 Education; 1528 c. Postsecondary readiness of the school’s students as 1529 measured by the SAT, ACT, or the common placement test; 1530 d. The high school graduation rate of at-risk students who 1531 scored at Level 2 or lower on the grade 8 FCAT Reading and 1532 Mathematics examinations; 1533 e. As valid data becomes available, the performance of the 1534 school’s students on statewide standardized end-of-course 1535 assessments administered under s. 1008.22(3)(c)2.b. and c.; and 1536 f. The growth or decline in the components listed in sub 1537 subparagraphs a.-e. from year to year. 1538 (c) Student assessment data used in determining school 1539 grades shall include: 1540 1. The aggregate scores of all eligible students enrolled 1541 in the school who have been assessed on the FCAT and statewide, 1542 standardized end-of-course assessments in courses required for 1543 high school graduation, including, beginning with the 2010-2011 1544 school year, the end-of-course assessment in Algebra I; and 1545 beginning with the 2011-2012 school year, the end-of-course 1546 assessments in geometry and Biology; and beginning with the 1547 2013-2014 school year, on the statewide, standardized end-of 1548 course assessment in civics education at the middle school 1549 level. 1550 2. The aggregate scores of all eligible students enrolled 1551 in the school who have been assessed on the FCAT and end-of 1552 course assessments as described in s. 1008.22(3)(c)2.a., and who 1553 have scored at or in the lowest 25th percentile of students in 1554 the school in reading and mathematics, unless these students are 1555 exhibiting satisfactory performance. 1556 3. The achievement scores and learning gains of eligible 1557 students attending alternative schools that provide dropout 1558 prevention and academic intervention services pursuant to s. 1559 1003.53. The term “eligible students” in this subparagraph does 1560 not include students attending an alternative school who are 1561 subject to district school board policies for expulsion for 1562 repeated or serious offenses, who are in dropout retrieval 1563 programs serving students who have officially been designated as 1564 dropouts, or who are in programs operated or contracted by the 1565 Department of Juvenile Justice. The student performance data for 1566 eligible students identified in this subparagraph shall be 1567 included in the calculation of the home school’s grade. As used 1568 in this subparagraphsectionand s. 1008.341, the term “home 1569 school” means the school to which the student would be assigned 1570 if the student were not assigned to an alternative school. If an 1571 alternative school chooses to be graded under this section, 1572 student performance data for eligible students identified in 1573 this subparagraph shall not be included in the home school’s 1574 grade but shall be included only in the calculation of the 1575 alternative school’s grade. A school district that fails to 1576 assign the FCAT and end-of-course assessment as described in s. 1577 1008.22(3)(c)2.a. scores of each of its students to his or her 1578 home school or to the alternative school that receives a grade 1579 shall forfeit Florida School Recognition Program funds for 1 1580 fiscal year. School districts must require collaboration between 1581 the home school and the alternative school in order to promote 1582 student success. This collaboration must include an annual 1583 discussion between the principal of the alternative school and 1584 the principal of each student’s home school concerning the most 1585 appropriate school assignment of the student. 1586 4. The achievement scores and learning gains of students 1587 designated as hospital or homebound. Student assessment data for 1588 students designated as hospital or homebound shall be assigned 1589 to their home school for the purposes of school grades. As used 1590 in this subparagraph, the term “home school” means the school to 1591 which a student would be assigned if the student were not 1592 assigned to a hospital or homebound program. 1593 5.4.For schools comprised of high school grades 9, 10, 11, 1594 and 12, or grades 10, 11, and 12, the data listed in 1595 subparagraphs 1.-3. and the following data as the Department of 1596 Education determines such data are valid and available: 1597 a. The high school graduation rate of the school as 1598 calculated by the Department of Education; 1599 b. The participation rate of all eligible students enrolled 1600 in the school and enrolled in College Board Advanced Placement 1601 courses; International Baccalaureate courses; dual enrollment 1602 courses; Advanced International Certificate of Education 1603 courses; and courses or sequence of courses leading to national 1604 industry certification identified in the Industry Certification 1605 Funding List, pursuant to rules adopted by the State Board of 1606 Education; 1607 c. The aggregate scores of all eligible students enrolled 1608 in the school in College Board Advanced Placement courses, 1609 International Baccalaureate courses, and Advanced International 1610 Certificate of Education courses; 1611 d. Earning of college credit by all eligible students 1612 enrolled in the school in dual enrollment programs under s. 1613 1007.271; 1614 e. Earning of a national industry certification identified 1615 in the Industry Certification Funding List, pursuant to rules 1616 adopted by the State Board of Education; 1617 f. The aggregate scores of all eligible students enrolled 1618 in the school in reading, mathematics, and other subjects as 1619 measured by the SAT, the ACT, and the common placement test for 1620 postsecondary readiness; 1621 g. The high school graduation rate of all eligible at-risk 1622 students enrolled in the school who scored at Level 2 or lower 1623 on the grade 8 FCAT Reading and Mathematics examinations; 1624 h. The performance of the school’s students on statewide 1625 standardized end-of-course assessments administered under s. 1626 1008.22(3)(c)2.b. and c.; and 1627 i. The growth or decline in the data components listed in 1628 sub-subparagraphs a.-h. from year to year. 1629 (d) Notwithstanding the requirements in paragraphs (b) and 1630 (c), beginning with the 2011-2012 school year, a school that 1631 does not meet the minimum proficiency standards established by 1632 the State Board of Education shall receive a school grade of 1633 “F.” A definition of minimum proficiency must include a minimum 1634 percent of students proficient in reading and may include 1635 significant gains from the prior year as a condition for waiving 1636 this paragraph. 1637 1638 The State Board of Education shall adopt appropriate criteria 1639 for each school grade. The criteria must also give added weight 1640 to student achievement in reading. Schools designated with a 1641 grade of “C,” making satisfactory progress, shall be required to 1642 demonstrate that adequate progress has been made by students in 1643 the school who are in the lowest 25th percentile in reading and 1644 mathematics on the FCAT and end-of-course assessments as 1645 described in s. 1008.22(3)(c)2.a., unless these students are 1646 exhibiting satisfactory performance. Beginning with the 2009 1647 2010 school year for schools comprised of high school grades 9, 1648 10, 11, and 12, or grades 10, 11, and 12, the criteria for 1649 school grades must also give added weight to the graduation rate 1650 of all eligible at-risk students, as defined in this paragraph. 1651 Beginning in the 2009-2010 school year, in order for a high 1652 school to be designated as having a grade of “A,” making 1653 excellent progress, the school must demonstrate that at-risk 1654 students, as defined in this paragraph, in the school are making 1655 adequate progress. 1656 Section 23. Paragraph (a) of subsection (3) of section 1657 1011.01, Florida Statutes, is amended to read: 1658 1011.01 Budget system established.— 1659 (3)(a) Each district school board and each community 1660 college board of trustees shall prepare, adopt, and submit to 1661 the Commissioner of Educationfor reviewan annual operating 1662 budget. Operating budgets shall be prepared and submitted in 1663 accordance with the provisions of law, rules of the State Board 1664 of Education, the General Appropriations Act, and for district 1665 school boards in accordance with the provisions of ss. 200.065 1666 and 1011.64. 1667 Section 24. Subsection (4) of section 1011.03, Florida 1668 Statutes, is amended to read: 1669 1011.03 Public hearings; budget to be submitted to 1670 Department of Education.— 1671 (4) The board shall hold public hearings to adopt tentative 1672 and final budgets pursuant to s. 200.065. The hearings shall be 1673 primarily for the purpose of hearing requests and complaints 1674 from the public regarding the budgets and the proposed tax 1675 levies and for explaining the budget and proposed or adopted 1676 amendments thereto, if any. The district school board shall then 1677 require the superintendent to transmit forthwith two copies of 1678 the adopted budget to the Department of Educationfor approval1679 as prescribed by law and rules of the State Board of Education. 1680 Section 25. Section 1011.035, Florida Statutes, is created 1681 to read: 1682 1011.035 School district budget transparency.— 1683 (1) The Legislature finds that it is important for school 1684 districts to provide budgetary transparency to enable taxpayers, 1685 parents, and education advocates to obtain school district 1686 budgets and related information in a manner that is simply 1687 explained and easily understandable. The Legislature finds that 1688 financial transparency leads to more responsible spending, more 1689 citizen involvement, and improved accountability. The 1690 Legislature further finds that a budget that is not transparent, 1691 accessible, and accurate cannot be properly analyzed, its 1692 implementation thoroughly monitored, or its outcomes evaluated. 1693 (2) Each district school board shall post on its website 1694 its plain language version of each proposed, tentative, and 1695 official budget that describes each budget item in terms that 1696 are easily understandable to the public. This information must 1697 be prominently posted on the school district’s website in a 1698 manner that is readily accessible to the public. 1699 (3) Each district school board is encouraged to post the 1700 following information on its website: 1701 (a) Timely information as to when a budget hearing will be 1702 conducted; 1703 (b) Each approved contract between the district school 1704 board and the teachers’ union; 1705 (c) Each approved contract between the district school 1706 board and noninstructional staff; 1707 (d) Recommendations of the citizens’ budget advisory 1708 committee; and 1709 (e) Current and archived video recordings of each district 1710 school board meeting and workshop. 1711 (4) Each district school board’s website must contain 1712 links: 1713 (a) Helping explain or providing background information on 1714 various budget items that are required by state or federal law; 1715 (b) Allowing users to navigate to related sites to view 1716 supporting detail; and 1717 (c) Enabling taxpayers, parents, and education advocates to 1718 send e-mails asking questions about the budget and to enable 1719 others to see the questions and responses. 1720 Section 26. Subsection (1) of section 1011.61, Florida 1721 Statutes, is amended to read: 1722 1011.61 Definitions.—Notwithstanding the provisions of s. 1723 1000.21, the following terms are defined as follows for the 1724 purposes of the Florida Education Finance Program: 1725 (1) A “full-time equivalent student” in each program of the 1726 district is defined in terms of full-time students and part-time 1727 students as follows: 1728 (a) A “full-time student” is one student on the membership 1729 roll of one school program or a combination of school programs 1730 listed in s. 1011.62(1)(c) for the school year or the equivalent 1731 for: 1732 1. Instruction in a standard school, comprising not less 1733 than 900 net hours for a student in or at the grade level of 4 1734 through 12, or not less than 720 net hours for a student in or 1735 at the grade level of kindergarten through grade 3 or in an 1736 authorized prekindergarten exceptional program; 1737 2. Instruction in a double-session school or a school 1738 utilizing an experimental school calendar approved by the 1739 Department of Education, comprising not less than the equivalent 1740 of 810 net hours in grades 4 through 12 or not less than 630 net 1741 hours in kindergarten through grade 3; or 1742 3. Instruction comprising the appropriate number of net 1743 hours set forth in subparagraph 1. or subparagraph 2. for 1744 students who, within the past year, have moved with their 1745 parents for the purpose of engaging in the farm labor or fish 1746 industries, if a plan furnishing such an extended school day or 1747 week, or a combination thereof, has been approved by the 1748 commissioner. Such plan may be approved to accommodate the needs 1749 of migrant students only or may serve all students in schools 1750 having a high percentage of migrant students. The plan described 1751 in this subparagraph is optional for any school district and is 1752 not mandated by the state. 1753 (b) A “part-time student” is a student on the active 1754 membership roll of a school program or combination of school 1755 programs listed in s. 1011.62(1)(c) who is less than a full-time 1756 student. 1757 (c)1. A “full-time equivalent student” is: 1758 a. A full-time student in any one of the programs listed in 1759 s. 1011.62(1)(c); or 1760 b. A combination of full-time or part-time students in any 1761 one of the programs listed in s. 1011.62(1)(c) which is the 1762 equivalent of one full-time student based on the following 1763 calculations: 1764 (I) A full-time student, except a postsecondary or adult 1765 student or a senior high school student enrolled in adult 1766 education when such courses are required for high school 1767 graduation, in a combination of programs listed in s. 1768 1011.62(1)(c) shall be a fraction of a full-time equivalent 1769 membership in each special program equal to the number of net 1770 hours per school year for which he or she is a member, divided 1771 by the appropriate number of hours set forth in subparagraph 1772 (a)1. or subparagraph (a)2. The difference between that fraction 1773 or sum of fractions and the maximum value as set forth in 1774 subsection (4) for each full-time student is presumed to be the 1775 balance of the student’s time not spent in such special 1776 education programs and shall be recorded as time in the 1777 appropriate basic program. 1778 (II) A prekindergarten handicapped student shall meet the 1779 requirements specified for kindergarten students. 1780 (III) A full-time equivalent student for students in 1781 kindergarten through grade 5 in a school district virtual 1782 instruction program under s. 1002.45 shall consist of a student 1783 who has successfully completed a basic program listed in s. 1784 1011.62(1)(c)1.a. or b., and who is promoted to a higher grade 1785 level. 1786 (IV) A full-time equivalent student for students in grades 1787 6 through 812in a school district virtual instruction program 1788 under s. 1002.45(1)(b)1. and 2. shall consist of six full 1789 successful coursecreditcompletions in programs listed in s. 1790 1011.62(1)(c)1.b.or c. and 3.A full-time equivalent student 1791 for students in grades 9 through 12 in a school district virtual 1792 instruction program under s. 1002.45(1)(b)1. and 2. shall 1793 consist of six full credit completions in programs listed in s. 1794 1011.62(1)(c)1.c. or 3. Successful courseCreditcompletions for 1795 students in grades 6 through 8 can be a combination of either 1796 successful semester or full course completionsfull credits or1797half credits. Successful credit completions for students in 1798 grades 9 through 12 can be a combination of either credits or 1799 half credits. 1800 (V) A Florida Virtual School full-time equivalent student 1801 shall consist of six full successful course completions for 1802 students in grades 4 through 8credit completionsin the 1803 programs listed in s. 1011.62(1)(c)1.b.for grades 6 through 81804and the programs listed in s.1011.62(1)(c)1.c. for grades 91805through 12.A Florida Virtual School full-time equivalent 1806 student shall consist of six full credit completions for grades 1807 9 through 12 in the programs listed in s. 1011.62(1)(c)1.c. and 1808 3. Credit or course completions can be a combination of either 1809 successful semester or full course completions for grades 6 1810 through 8 and full credits and half-credits for grades 9 through 1811 12full credits or half credits. 1812 (VI) Each successfully completed credit earned under the 1813 alternative high school course credit requirements authorized in 1814 s. 1002.375, which is not reported as a portion of the 900 net 1815 hours of instruction pursuant to subparagraph (1)(a)1., shall be 1816 calculated as 1/6 FTE. 1817 2. A student in membership in a program scheduled for more 1818 or less than 180 school days or the equivalent on an hourly 1819 basis as specified by rules of the State Board of Education is a 1820 fraction of a full-time equivalent membership equal to the 1821 number of instructional hours in membership divided by the 1822 appropriate number of hours set forth in subparagraph (a)1.; 1823 however, for the purposes of this subparagraph, membership in 1824 programs scheduled for more than 180 days is limited to students 1825 enrolled in juvenile justice education programs and the Florida 1826 Virtual School. 1827 1828 The department shall determine and implement an equitable method 1829 of equivalent funding for experimental schools and for schools 1830 operating under emergency conditions, which schools have been 1831 approved by the department to operate for less than the minimum 1832 school day. 1833 Section 27. Paragraph (p) of subsection (1) of section 1834 1011.62, Florida Statutes, is amended to read: 1835 1011.62 Funds for operation of schools.—If the annual 1836 allocation from the Florida Education Finance Program to each 1837 district for operation of schools is not determined in the 1838 annual appropriations act or the substantive bill implementing 1839 the annual appropriations act, it shall be determined as 1840 follows: 1841 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1842 OPERATION.—The following procedure shall be followed in 1843 determining the annual allocation to each district for 1844 operation: 1845 (p) Calculation of additional full-time equivalent 1846 membership based on certification of successful completion of 1847 industry-certified career and professional academy programs 1848 pursuant to ss. 1003.491, 1003.492,and1003.493, and 1003.4935 1849 and identified in the Industry Certified Funding List pursuant 1850 to rules adopted by the State Board of Education.—A maximum 1851 value of 0.3 full-time equivalent student membership shall be 1852 calculated for each student who completes an industry-certified 1853 career and professional academy program under ss. 1003.491, 1854 1003.492,and1003.493, and 1003.4935 and who is issued the 1855 highest level of industry certification identified annually in 1856 the Industry Certification Funding List approved under rules 1857 adopted by the State Board of Education and a high school 1858 diploma. The value of full-time equivalent student membership 1859 shall be determined by weights adopted by the State Board of 1860 Education pursuant to s. 1003.492. Such value shall be added to 1861 the total full-time equivalent student membership in secondary 1862 career education programs for grades 9 through 12 in the 1863 subsequent year for courses that were not funded through dual 1864 enrollment. The additional full-time equivalent membership 1865 authorized under this paragraph may not exceed 0.3 per student. 1866 Allocated funds shall be proportionately prorated and 1867 distributed to middle school career and professional academies 1868 for those students who earned industry certifications. Each 1869 district must allocate at least 80 percent of the funds 1870 generated by student attainment of anprovided forindustry 1871 certification, in accordance with this paragraph, to the program 1872 in which the student earned the industry certificationthat1873generated the funds. Unless a different amount is specified in 1874 the General Appropriations Act, the appropriation for this 1875 calculation is limited to $15 million annually. If the 1876 appropriation is insufficient to fully fund the total 1877 calculation, the appropriation shall be prorated. 1878 Section 28. Subsection (1) of section 1012.39, Florida 1879 Statutes, is amended to read: 1880 1012.39 Employment of substitute teachers, teachers of 1881 adult education, nondegreed teachers of career education, and 1882 career specialists; students performing clinical field 1883 experience.— 1884 (1) Notwithstanding ss. 1012.32, 1012.55, 1012.56, and 1885 1012.57, or any other provision of law or rule to the contrary, 1886 each district school board shall establish the minimal 1887 qualifications for: 1888 (a) Substitute teachers to be employed pursuant to s. 1889 1012.35. The qualifications shall require the filing of a 1890 complete set of fingerprints in the same manner as required by 1891 s. 1012.32; documentation of a minimum education level of a high 1892 school diploma or equivalent; and completion of an initial 1893 orientation and training program in district policies and 1894 procedures addressing school safety and security procedures, 1895 educational liability laws, professional responsibilities, and 1896 ethics. 1897 (b) Part-time and full-time teachers in adult education 1898 programs. The qualifications shall require the filing of a 1899 complete set of fingerprints in the same manner as required by 1900 s. 1012.32. Faculty employed solely to conduct postsecondary 1901 instruction may be exempted from this requirement. 1902 (c) Part-time and full-time nondegreed teachers of career 1903 programs. Qualifications shall be established for nondegreed 1904 teachers of career and technical education courses for program 1905 clusters that are recognized in this stateagriculture,1906business, health occupations, family and consumer sciences,1907industrial, marketing, career specialist, and public service1908education teachers, based primarily on successful occupational 1909 experience rather than academic training. The qualifications for 1910 such teachers shall require: 1911 1. The filing of a complete set of fingerprints in the same 1912 manner as required by s. 1012.32. Faculty employed solely to 1913 conduct postsecondary instruction may be exempted from this 1914 requirement. 1915 2. Documentation of education and successful occupational 1916 experience including documentation of: 1917 a. A high school diploma or the equivalent. 1918 b. Completion of 6 years of full-time successful 1919 occupational experience or the equivalent of part-time 1920 experience in the teaching specialization area. The district 1921 school board may establish alternative qualifications for 1922 teachers who hold industry certificates in the career areas in 1923 which they teach.Alternate means of determining successful1924occupational experience may be established by the district1925school board.1926 c. Industry certification if state or national industry 1927 certifications are available and applicable. 1928 d.c.Completion of career education training conducted 1929 through the local school district inservice master plan. 1930 e.d.For full-time teachers, completion of professional 1931 education training in teaching methods, course construction, 1932 lesson planning and evaluation, and teaching special needs 1933 students. This training may be completed through coursework from 1934 an accredited or approved institution or an approved district 1935 teacher education program. 1936 f.e.Demonstration of successful teaching performance. 1937 Section 29. Except as otherwise expressly provided in this 1938 act and except for this section, which shall take effect upon 1939 this act becoming a law, this act shall take effect July 1, 1940 2011.