Bill Text: FL H1255 | 2011 | Regular Session | Engrossed

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Bill Title: Education Accountability

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Enrolled - Dead) 2011-05-06 - Ordered engrossed, then enrolled -HJ 1965 [H1255 Detail]

Download: Florida-2011-H1255-Engrossed.html

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CS/CS/HB 1255

1	A bill to be entitled
2	An act relating to education accountability; amending s.
3	1001.20, F.S.; deleting a provision that requires the
4	Florida Virtual School to be administratively housed
5	within the Office of Technology and Information Services
6	within the Office of the Commissioner of Education;
7	amending s. 1001.42, F.S.; revising the powers and duties
8	of district school boards relating to student access to
9	Florida Virtual School courses; creating s. 1001.421,
10	F.S.; prohibiting district school board members and their
11	relatives from soliciting or accepting certain gifts;
12	amending s. 1002.20, F.S.; adding auditory-oral education
13	programs to the list of public school choice options;
14	amending s. 1002.37, F.S.; conforming provisions to
15	changes made by the act; amending s. 1002.38, F.S.;
16	requiring that a school's grade be based on statewide
17	assessments for purposes of the Opportunity Scholarship
18	Program; amending s. 1002.39, F.S.; providing requirements
19	for determining the end of the term of a John M. McKay
20	Scholarship; creating s. 1002.391, F.S.; providing for the
21	establishment of auditory-oral education programs as a
22	school of choice; providing definitions; providing
23	requirements for enrollment and attendance; amending s.
24	1002.45, F.S.; revising provisions relating to virtual
25	instruction program provider qualifications; amending s.
26	1002.66, F.S.; providing an additional instructional
27	service for children with disabilities in the Voluntary
28	Prekindergarten Education Program; amending s. 1002.67,
29	F.S.; requiring that the State Board of Education
30	periodically review and revise the performance standards
31	for the statewide kindergarten screening; amending s.
32	1002.69, F.S.; authorizing nonpublic schools to administer
33	the statewide kindergarten screening to kindergarten
34	students who were enrolled in the Voluntary
35	Prekindergarten Education Program; revising provisions
36	relating to the minimum kindergarten readiness rate and
37	criteria for good cause exemptions from meeting the
38	requirement; requiring prekindergarten enrollment
39	screening and post-assessment under certain circumstances;
40	amending s. 1002.71, F.S.; providing that a child may
41	reenroll more than once in a prekindergarten program if
42	granted a good cause exemption; amending s. 1002.73, F.S.;
43	requiring the Department of Education to adopt procedures
44	relating to prekindergarten enrollment screening, the
45	standardized post-assessment, and reporting of the results
46	of readiness measures; amending s. 1003.01, F.S.;
47	providing an additional special education service;
48	amending s. 1003.4156, F.S.; revising the general
49	requirements for middle grades promotion; providing that a
50	student with a disability may have end-of-course
51	assessment results waived under certain circumstances;
52	providing that a middle grades student may be exempt from
53	reading remediation requirements under certain
54	circumstances; creating s. 1003.4203, F.S.; authorizing
55	each district school board to develop and implement a
56	digital curriculum for students in grades 6 through 12;
57	requiring the Department of Education to develop a model
58	digital curriculum; authorizing partnerships with private
59	businesses and consultants; amending s. 1003.428, F.S.;
60	revising provisions relating to the general requirements
61	for high school graduation; providing that a high school
62	student may be exempt from reading remediation
63	requirements under certain circumstances; amending s.
64	1003.429, F.S.; revising provisions relating to the
65	selection of accelerated high school graduation options;
66	amending s. 1003.491, F.S.; revising provisions relating
67	to the development, contents, and approval of the
68	strategic plan to address workforce needs; amending s.
69	1003.493, F.S.; revising requirements for career and
70	professional academies and enrollment of students;
71	creating s. 1003.4935, F.S.; requiring each district
72	school board to develop a plan to implement a career and
73	professional academy in at least one middle school;
74	providing requirements for middle school career and
75	professional academies and academy courses; amending s.
76	1003.573, F.S.; revising provisions relating to the use of
77	restraint and seclusion on students with disabilities;
78	requiring that certain information be included in incident
79	reports; removing an obsolete date; requiring that the
80	Department of Education maintain certain data of incidents
81	of manual or physical restraint and seclusion and
82	establish standards for documenting, reporting, and
83	monitoring the use of restraint and seclusion; requiring
84	that the department provide these standards to school
85	districts by a specified date; revising provisions
86	relating to school district policies and procedures to
87	include monitoring, training, selecting personnel to be
88	trained, and planning for reducing the use of restraint
89	and seclusion; extending the date that such policies and
90	procedures must be revised and filed with the bureau chief
91	of the Bureau of Exceptional Education and Student
92	Services within the Department of Education; amending s.
93	1003.575, F.S.; providing requirements for completion of
94	an assistive technology assessment; amending s. 1008.22,
95	F.S.; revising provisions relating to the student
96	assessment program for public schools; requiring that the
97	Commissioner of Education direct school districts to
98	participate in certain international assessment programs;
99	authorizing a school principal to exempt certain students
100	from the end-of-course assessment in civics education;
101	revising provisions relating to administration and
102	reporting of results of assessments; amending s. 1008.30,
103	F.S.; revising provisions relating to evaluation of
104	college readiness and providing for postsecondary
105	preparatory instruction; requiring the State Board of
106	Education to adopt certain rules; amending s. 1008.33,
107	F.S.; revising provisions relating to public school
108	improvement; requiring the Department of Education to
109	categorize public schools based on a school's grade that
110	relies on statewide assessments; amending s. 1008.331,
111	F.S.; revising the responsibilities of the Department of
112	Education; authorizing school districts to select
113	acceptable premethods and postmethods for measuring
114	student learning gains; amending s. 1008.34, F.S.;
115	revising the basis for the designation of school grades;
116	including achievement scores and learning gains for
117	students who are hospital or homebound; amending s.
118	1011.01, F.S.; revising provisions relating to the annual
119	operating budgets of district school boards and Florida
120	College System institution boards of trustees; amending s.
121	1011.03, F.S.; revising provisions relating to adopted
122	district school board budgets; creating s. 1011.035, F.S.;
123	requiring each school district to post budgetary
124	information on its website; amending s. 1011.62, F.S.;
125	revising provisions relating to the funding model for
126	exceptional student education programs; requiring the
127	Department of Education to revise the descriptions of
128	services and to implement the revisions; amending s.
129	1012.39, F.S.; revising provisions relating to the
130	qualifications for nondegreed teachers of career
131	education; providing effective dates.
132
133	Be It Enacted by the Legislature of the State of Florida:
134
135	Section 1.  Paragraph (a) of subsection (4) of section
136	1001.20, Florida Statutes, is amended to read:
137	1001.20  Department under direction of state board.-
138	(4)  The Department of Education shall establish the
139	following offices within the Office of the Commissioner of
140	Education which shall coordinate their activities with all other
141	divisions and offices:
142	(a)  Office of Technology and Information Services.-
143	Responsible for developing a systemwide technology plan, making
144	budget recommendations to the commissioner, providing data
145	collection and management for the system, assisting school
146	districts in securing Internet access and telecommunications
147	services, including those eligible for funding under the Schools
148	and Libraries Program of the federal Universal Service Fund, and
149	coordinating services with other state, local, and private
150	agencies. The office shall develop a method to address the need
151	for a statewide approach to planning and operations of library
152	and information services to achieve a single K-20 education
153	system library information portal and a unified higher education
154	library management system. The Florida Virtual School shall be
155	administratively housed within the office.
156	Section 2.  Subsection (23) of section 1001.42, Florida
157	Statutes, is amended to read:
158	1001.42  Powers and duties of district school board.-The
159	district school board, acting as a board, shall exercise all
160	powers and perform all duties listed below:
161	(23)  FLORIDA VIRTUAL SCHOOL.-Provide students with access
162	to enroll in courses available through the Florida Virtual
163	School and award credit for successful completion of such
164	courses. Access shall be available to students during and or
165	after the normal school day and through summer school
166	enrollment.
167	Section 3.  Section 1001.421, Florida Statutes, is created
168	to read:
169	1001.421  Gifts.-Notwithstanding any other provision of law
170	to the contrary, district school board members and their
171	relatives, as defined in s. 112.312(21), may not directly or
172	indirectly solicit any gift, or directly or indirectly accept
173	any gift in excess of $50, from any person, vendor, potential
174	vendor, or other entity doing business with the school district.
175	The term "gift" has the same meaning as in s. 112.312(12).
176	Section 4.  Paragraph (a) of subsection (6) of section
177	1002.20, Florida Statutes, is amended to read:
178	1002.20  K-12 student and parent rights.-Parents of public
179	school students must receive accurate and timely information
180	regarding their child's academic progress and must be informed
181	of ways they can help their child to succeed in school. K-12
182	students and their parents are afforded numerous statutory
183	rights including, but not limited to, the following:
184	(6)  EDUCATIONAL CHOICE.-
185	(a)  Public school choices.-Parents of public school
186	students may seek whatever public school choice options that are
187	applicable to their students and are available to students in
188	their school districts. These options may include controlled
189	open enrollment, single-gender programs, lab schools, school
190	district virtual instruction programs, charter schools, charter
191	technical career centers, magnet schools, alternative schools,
192	special programs, auditory-oral education programs, advanced
193	placement, dual enrollment, International Baccalaureate,
194	International General Certificate of Secondary Education (pre-
195	AICE), Advanced International Certificate of Education, early
196	admissions, credit by examination or demonstration of
197	competency, the New World School of the Arts, the Florida School
198	for the Deaf and the Blind, and the Florida Virtual School.
199	These options may also include the public school choice options
200	of the Opportunity Scholarship Program and the McKay
201	Scholarships for Students with Disabilities Program.
202	Section 5.  Paragraph (a) of subsection (1) of section
203	1002.37, Florida Statutes, is amended to read:
204	1002.37  The Florida Virtual School.-
205	(1)(a)  The Florida Virtual School is established for the
206	development and delivery of online and distance learning
207	education and shall be administratively housed within the
208	Commissioner of Education's Office of Technology and Information
209	Services. The Commissioner of Education shall monitor the
210	school's performance and report its performance to the State
211	Board of Education and the Legislature.
212
213	The board of trustees of the Florida Virtual School shall
214	identify appropriate performance measures and standards based on
215	student achievement that reflect the school's statutory mission
216	and priorities, and shall implement an accountability system for
217	the school that includes assessment of its effectiveness and
218	efficiency in providing quality services that encourage high
219	student achievement, seamless articulation, and maximum access.
220	Section 6.  Subsection (2) and paragraph (a) of subsection
221	(3) of section 1002.38, Florida Statutes, are amended to read:
222	1002.38  Opportunity Scholarship Program.-
223	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-For purposes of
224	this section, a school's grade shall be based upon statewide
225	assessments administered pursuant to s. 1008.22. A public school
226	student's parent may request and receive from the state an
227	opportunity scholarship for the student to enroll in and attend
228	a private school in accordance with the provisions of this
229	section if:
230	(a)1.  By assigned school attendance area or by special
231	assignment, the student has spent the prior school year in
232	attendance at a public school that has been designated pursuant
233	to s. 1008.34 as performance grade category "F," failing to make
234	adequate progress, and that has had 2 school years in a 4-year
235	period of such low performance, and the student's attendance
236	occurred during a school year in which such designation was in
237	effect;
238	2.  The student has been in attendance elsewhere in the
239	public school system and has been assigned to such school for
240	the next school year; or
241	3.  The student is entering kindergarten or first grade and
242	has been notified that the student has been assigned to such
243	school for the next school year.
244	(b)  The parent has obtained acceptance for admission of
245	the student to a private school eligible for the program
246	pursuant to subsection (4), and has notified the Department of
247	Education and the school district of the request for an
248	opportunity scholarship no later than July 1 of the first year
249	in which the student intends to use the scholarship.
250
251	The provisions of this section do shall not apply to a student
252	who is enrolled in a school operating for the purpose of
253	providing educational services to youth in Department of
254	Juvenile Justice commitment programs. For purposes of continuity
255	of educational choice, the opportunity scholarship shall remain
256	in force until the student returns to a public school or, if the
257	student chooses to attend a private school the highest grade of
258	which is grade 8, until the student matriculates to high school
259	and the public high school to which the student is assigned is
260	an accredited school with a performance grade category
261	designation of "C" or better. However, at any time upon
262	reasonable notice to the Department of Education and the school
263	district, the student's parent may remove the student from the
264	private school and place the student in a public school, as
265	provided in subparagraph (3)(a)2.
266	(3)  SCHOOL DISTRICT OBLIGATIONS.-
267	(a)  A school district shall, for each student enrolled in
268	or assigned to a school that has been designated as performance
269	grade category "F" for 2 school years in a 4-year period:
270	1.  Timely notify the parent of the student as soon as such
271	designation is made of all options available pursuant to this
272	section.
273	2.  Offer that student's parent an opportunity to enroll
274	the student in the public school within the district that has
275	been designated by the state pursuant to s. 1008.34 as a school
276	performing higher than that in which the student is currently
277	enrolled or to which the student has been assigned, but not less
278	than performance grade category "C." The parent is not required
279	to accept this offer in lieu of requesting a state opportunity
280	scholarship to a private school. The opportunity to continue
281	attending the higher performing public school shall remain in
282	force until the student graduates from high school.
283	Section 7.  Paragraph (a) of subsection (4) of section
284	1002.39, Florida Statutes, is amended to read:
285	1002.39  The John M. McKay Scholarships for Students with
286	Disabilities Program.-There is established a program that is
287	separate and distinct from the Opportunity Scholarship Program
288	and is named the John M. McKay Scholarships for Students with
289	Disabilities Program.
290	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.-
291	(a)  For purposes of continuity of educational choice, a
292	John M. McKay Scholarship shall remain in force until the
293	student returns to a public school, graduates from high school,
294	or reaches the age of 22, whichever occurs first. A scholarship
295	student who enrolls in a public school or public school program
296	is considered to have returned to a public school for the
297	purpose of determining the end of the scholarship's term.
298	However, if a student enters a Department of Juvenile Justice
299	detention center for a period of no more than 21 days, the
300	student is not considered to have returned to a public school
301	for that purpose.
302	Section 8.  Section 1002.391, Florida Statutes, is created
303	to read:
304	1002.391  Auditory-oral education programs.-
305	(1)  As used in this section, the term:
306	(a)  "Auditory-oral education program" means a program that
307	develops and relies solely on listening skills and uses an
308	implant or assistive hearing device for the purpose of relying
309	on speech and spoken language skills as the method of
310	communication.
311	(b)  "Deaf or hard of hearing" means aided or unaided
312	hearing loss that affects the processing of linguistic
313	information and adversely affects performance in the educational
314	environment. The degree of loss may range from mild to profound
315	in accordance with criteria established by rule of the State
316	Board of Education.
317	(c)  "School" means a public or private school located in
318	this state which can teach children who have obtained an implant
319	or assistive hearing device, using faculty certified as
320	listening and spoken language specialists.
321	(2)  The parent of a child who is deaf or hard of hearing
322	and who meets the following requirements may enroll the child in
323	an auditory-oral education program as a school of choice
324	pursuant to s. 1002.20. Such child may continue attending the
325	school and complete the development of listening and spoken
326	language skills at the school. In order to enroll and attend,
327	the child must:
328	(a)  Have received an implant or assistive hearing device;
329	(b)  Be between the ages of 3 and 7 years, or between the
330	ages of 2 and 7 years when the school district elects to serve
331	children with disabilities who are under the age of 3 years; and
332	(c)  Be a resident of the state.
333	(3)  The level of services shall be determined by the
334	individual educational plan team or individualized family
335	support plan team, which includes the child's parent in
336	accordance with the rules of the State Board of Education. A
337	child is eligible for services under this section until the end
338	of the school year in which he or she reaches the age of 7 years
339	or after grade 2, whichever comes first.
340	Section 9.  Paragraph (b) of subsection (2) of section
341	1002.45, Florida Statutes, is amended to read:
342	1002.45  School district virtual instruction programs.-
343	(2)  PROVIDER QUALIFICATIONS.-
344	(b)  An approved provider shall retain its approved status
345	during the 3 school years for a period of 3 years after the date
346	of the department's approval under paragraph (a) as long as the
347	provider continues to comply with all requirements of this
348	section.
349	Section 10.  Paragraph (e) is added to subsection (2) of
350	section 1002.66, Florida Statutes, to read:
351	1002.66  Specialized instructional services for children
352	with disabilities.-
353	(2)  The parent of a child who is eligible for the
354	prekindergarten program for children with disabilities may
355	select one or more specialized instructional services that are
356	consistent with the child's individual educational plan. These
357	specialized instructional services may include, but are not
358	limited to:
359	(e)  Listening and spoken language specialists and an
360	appropriate acoustical environment for a child who is deaf or
361	hard of hearing who has received an implant or assistive hearing
362	device.
363	Section 11.  Subsection (1) and paragraph (c) of subsection
364	(3) of section 1002.67, Florida Statutes, are amended to read:
365	1002.67  Performance standards; curricula and
366	accountability.-
367	(1)(a)  By April 1, 2005, the department shall develop and
368	adopt performance standards for students in the Voluntary
369	Prekindergarten Education Program. The performance standards
370	must address the age-appropriate progress of students in the
371	development of:
372	1.(a)  The capabilities, capacities, and skills required
373	under s. 1(b), Art. IX of the State Constitution; and
374	2.(b)  Emergent literacy skills, including oral
375	communication, knowledge of print and letters, phonemic and
376	phonological awareness, and vocabulary and comprehension
377	development.
378	(b)  The State Board of Education shall periodically review
379	and revise the performance standards for the statewide
380	kindergarten screening administered under s. 1002.69 and align
381	the standards to the standards established by the state board
382	for student performance on the statewide assessments
383	administered pursuant to s. 1008.22.
384	(3)
385	(c)1.  If the kindergarten readiness rate of a private
386	prekindergarten provider or public school falls below the
387	minimum rate adopted by the State Board of Education as
388	satisfactory under s. 1002.69(6), the early learning coalition
389	or school district, as applicable, shall require the provider or
390	school to submit an improvement plan for approval by the
391	coalition or school district, as applicable, and to implement
392	the plan.
393	2.  If a private prekindergarten provider or public school
394	fails to meet the minimum rate adopted by the State Board of
395	Education as satisfactory under s. 1002.69(6) for 2 consecutive
396	years, the early learning coalition or school district, as
397	applicable, shall place the provider or school on probation and
398	must require the provider or school to take certain corrective
399	actions, including the use of a curriculum approved by the
400	department under paragraph (2)(c).
401	3.  A private prekindergarten provider or public school
402	that is placed on probation must continue the corrective actions
403	required under subparagraph 2., including the use of a
404	curriculum approved by the department, until the provider or
405	school meets the minimum rate adopted by the State Board of
406	Education as satisfactory under s. 1002.69(6).
407	4.  If a private prekindergarten provider or public school
408	remains on probation for 2 consecutive years and fails to meet
409	the minimum rate adopted by the State Board of Education as
410	satisfactory under s. 1002.69(6) and is not granted a good cause
411	exemption by the department pursuant to s. 1002.69(7), the
412	Agency for Workforce Innovation shall require the early learning
413	coalition or the Department of Education shall require the
414	school district to remove, as applicable, the provider or school
415	from eligibility to deliver the Voluntary Prekindergarten
416	Education Program and receive state funds for the program.
417	Section 12.  Subsections (1), (5), and (6) and paragraphs
418	(b) and (c) of subsection (7) of section 1002.69, Florida
419	Statutes, are amended to read:
420	1002.69  Statewide kindergarten screening; kindergarten
421	readiness rates; state-approved prekindergarten enrollment
422	screening; good cause exemption.-
423	(1)  The department shall adopt a statewide kindergarten
424	screening that assesses the readiness of each student for
425	kindergarten based upon the performance standards adopted by the
426	department under s. 1002.67(1) for the Voluntary Prekindergarten
427	Education Program. The department shall require that each school
428	district administer the statewide kindergarten screening to each
429	kindergarten student in the school district within the first 30
430	school days of each school year. Nonpublic schools may
431	administer the statewide kindergarten screening to each
432	kindergarten student in a nonpublic school who was enrolled in
433	the Voluntary Prekindergarten Education Program.
434	(5)  The State Board of Education shall adopt procedures
435	for the department to annually calculate each private
436	prekindergarten provider's and public school's kindergarten
437	readiness rate, which must be expressed as the percentage of the
438	provider's or school's students who are assessed as ready for
439	kindergarten. The kindergarten readiness rates must be based
440	exclusively upon the results of the statewide kindergarten
441	screening for students completing the Voluntary Prekindergarten
442	Education Program, beginning with students completing the
443	program during the 2005-2006 school year who are administered
444	the statewide kindergarten screening during the 2006-2007 school
445	year. The methodology for calculating each provider's
446	kindergarten readiness rate must include the percentage of
447	students who meet all state readiness measures. The rates must
448	not include students who are not administered the statewide
449	kindergarten screening.
450	(6)(a)  The State Board of Education shall periodically
451	adopt a minimum kindergarten readiness rate that, if achieved by
452	a private prekindergarten provider or public school, would
453	demonstrate the provider's or school's satisfactory delivery of
454	the Voluntary Prekindergarten Education Program.
455	(b)  The minimum rate must not exceed the rate at which
456	more than 15 percent of the kindergarten readiness rates of all
457	private prekindergarten providers and public schools delivering
458	the Voluntary Prekindergarten Education Program in the state
459	would fall below the minimum rate.
460	(7)
461	(b)  A private prekindergarten provider's or public
462	school's request for a good cause exemption, or renewal of such
463	an exemption, must be submitted to the state board in the manner
464	and within the timeframes prescribed by the state board and must
465	include the following:
466	1.  Submission of data by the private prekindergarten
467	provider or public school which documents on a standardized
468	assessment the achievement and progress of the children served
469	as measured by the state-approved prekindergarten enrollment
470	screening and the standardized post-assessment approved by the
471	department pursuant to subparagraph (c)1.
472	2.  Submission and review of data available from the
473	respective early learning coalition or district school board,
474	the Department of Children and Family Services, local licensing
475	authority, or an accrediting association, as applicable,
476	relating to the private prekindergarten provider's or public
477	school's compliance with state and local health and safety
478	standards.
479	3.  Submission and review of data available to the
480	department on the performance of the children served and the
481	calculation of the private prekindergarten provider's or public
482	school's kindergarten readiness rate.
483	(c)  The State Board of Education shall adopt criteria for
484	granting good cause exemptions. Such criteria shall include, but
485	are not limited to:
486	1.  Learning gains of children served in the Voluntary
487	Prekindergarten Education Program by the private prekindergarten
488	provider or public school. A provider seeking a good cause
489	exemption shall have the early learning coalition or a
490	department-approved second party administer the state-approved
491	prekindergarten enrollment screening to each child in the
492	prekindergarten provider's program within the first 30 days of
493	each school year for which a good cause exemption is sought, and
494	the provider shall administer the standardized post-assessment
495	approved by the department to measure the student's learning
496	gains for the year or summer, as appropriate. All data must be
497	submitted to the department within 30 days after the
498	administration of each assessment. Each parent who enrolls his
499	or her child in a Voluntary Prekindergarten Education Program
500	offered by a provider seeking a good cause exemption must submit
501	the child for the state-approved prekindergarten enrollment
502	screening.
503	2.  Verification that the private prekindergarten provider
504	or public school serves at least twice the statewide percentage
505	of children with disabilities as defined in s. 1003.01(3)(a) or
506	children identified as limited English proficient as defined in
507	s. 1003.56.
508	2.3.  Verification that local and state health and safety
509	requirements are met.
510	Section 13.  Subsection (4) of section 1002.71, Florida
511	Statutes, is amended to read:
512	1002.71  Funding; financial and attendance reporting.-
513	(4)  Notwithstanding s. 1002.53(3) and subsection (2):
514	(a)  A child who, for any of the prekindergarten programs
515	listed in s. 1002.53(3), has not completed more than 70 percent
516	of the hours authorized to be reported for funding under
517	subsection (2), or has not expended more than 70 percent of the
518	funds authorized for the child under s. 1002.66, may withdraw
519	from the program for good cause and reenroll in one of the
520	programs. The total funding for a child who reenrolls in one of
521	the programs for good cause may not exceed one full-time
522	equivalent student. Funding for a child who withdraws and
523	reenrolls in one of the programs for good cause shall be issued
524	in accordance with the agency's uniform attendance policy
525	adopted pursuant to paragraph (6)(d).
526	(b)  A child who has not substantially completed any of the
527	prekindergarten programs listed in s. 1002.53(3) may withdraw
528	from the program due to an extreme hardship that is beyond the
529	child's or parent's control, reenroll in one of the summer
530	programs, and be reported for funding purposes as a full-time
531	equivalent student in the summer program for which the child is
532	reenrolled.
533
534	A child may reenroll only once in a prekindergarten program
535	under this section. A child who reenrolls in a prekindergarten
536	program under this subsection may not subsequently withdraw from
537	the program and reenroll, unless the child is granted a good
538	cause exemption under this subsection. The Agency for Workforce
539	Innovation shall establish criteria specifying whether a good
540	cause exists for a child to withdraw from a program under
541	paragraph (a), whether a child has substantially completed a
542	program under paragraph (b), and whether an extreme hardship
543	exists which is beyond the child's or parent's control under
544	paragraph (b).
545	Section 14.  Subsection (2) of section 1002.73, Florida
546	Statutes, is amended to read:
547	1002.73  Department of Education; powers and duties;
548	accountability requirements.-
549	(2)  The department shall adopt procedures for its:
550	(a)  Approval of prekindergarten director credentials under
551	ss. 1002.55 and 1002.57.
552	(b)  Approval of emergent literacy training courses under
553	ss. 1002.55 and 1002.59.
554	(c)  Administration of the statewide kindergarten screening
555	and calculation of kindergarten readiness rates under s.
556	1002.69.
557	(d)  Implementation of, and determination of costs
558	associated with, the state-approved prekindergarten enrollment
559	screening and the standardized post-assessment approved by the
560	department, and determination of the learning gains of students
561	who complete the state-approved prekindergarten enrollment
562	screening and the standardized post-assessment approved by the
563	department.
564	(e)(d)  Approval of specialized instructional services
565	providers under s. 1002.66.
566	(f)  Annual reporting of the percentage of kindergarten
567	students who meet all state readiness measures.
568	(g)(e)  Granting of a private prekindergarten provider's or
569	public school's request for a good cause exemption under s.
570	1002.69(7).
571	Section 15.  Paragraph (b) of subsection (3) of section
572	1003.01, Florida Statutes, is amended to read:
573	1003.01  Definitions.-As used in this chapter, the term:
574	(3)
575	(b)  "Special education services" means specially designed
576	instruction and such related services as are necessary for an
577	exceptional student to benefit from education. Such services may
578	include: transportation; diagnostic and evaluation services;
579	social services; physical and occupational therapy; speech and
580	language pathology services; job placement; orientation and
581	mobility training; braillists, typists, and readers for the
582	blind; interpreters and auditory amplification; services
583	provided by a certified listening and spoken language
584	specialist; rehabilitation counseling; transition services;
585	mental health services; guidance and career counseling;
586	specified materials, assistive technology devices, and other
587	specialized equipment; and other such services as approved by
588	rules of the state board.
589	Section 16.  Subsection (1) of section 1003.4156, Florida
590	Statutes, is amended to read:
591	1003.4156  General requirements for middle grades
592	promotion.-
593	(1)  Beginning with students entering grade 6 in the 2006-
594	2007 school year, Promotion from a school composed of middle
595	grades 6, 7, and 8 requires that:
596	(a)  The student must successfully complete academic
597	courses as follows:
598	1.  Three middle school or higher courses in English. These
599	courses shall emphasize literature, composition, and technical
600	text.
601	2.  Three middle school or higher courses in mathematics.
602	Each middle school must offer at least one high school level
603	mathematics course for which students may earn high school
604	credit. Successful completion of a high school level Algebra I
605	or geometry course is not contingent upon the student's
606	performance on the end-of-course assessment required under s.
607	1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
608	school year, to earn high school credit for an Algebra I course,
609	a middle school student must pass the Algebra I end-of-course
610	assessment, and beginning with the 2012-2013 school year, to
611	earn high school credit for a geometry course, a middle school
612	student must pass the geometry end-of-course assessment.
613	3.  Three middle school or higher courses in social
614	studies, one semester of which must include the study of state
615	and federal government and civics education. Beginning with
616	students entering grade 6 in the 2012-2013 school year, one of
617	these courses must be at least a one-semester civics education
618	course that a student successfully completes in accordance with
619	s. 1008.22(3)(c) and that includes the roles and
620	responsibilities of federal, state, and local governments; the
621	structures and functions of the legislative, executive, and
622	judicial branches of government; and the meaning and
623	significance of historic documents, such as the Articles of
624	Confederation, the Declaration of Independence, and the
625	Constitution of the United States.
626	4.  Three middle school or higher courses in science.
627	Successful completion of a high school level Biology I course is
628	not contingent upon the student's performance on the end-of-
629	course assessment required under s. 1008.22(3)(c)2.a.(II).
630	However, beginning with the 2012-2013 school year, to earn high
631	school credit for a Biology I course, a middle school student
632	must pass the Biology I end-of-course assessment.
633	5.  One course in career and education planning to be
634	completed in 7th or 8th grade. The course may be taught by any
635	member of the instructional staff; must include career
636	exploration using Florida CHOICES or a comparable cost-effective
637	program; must include educational planning using the online
638	student advising system known as Florida Academic Counseling and
639	Tracking for Students at the Internet website FACTS.org; and
640	shall result in the completion of a personalized academic and
641	career plan. The required personalized academic and career plan
642	must inform students of high school graduation requirements,
643	high school assessment and college entrance test requirements,
644	Florida Bright Futures Scholarship Program requirements, state
645	university and Florida college admission requirements, and
646	programs through which a high school student can earn college
647	credit, including Advanced Placement, International
648	Baccalaureate, Advanced International Certificate of Education,
649	dual enrollment, career academy opportunities, and courses that
650	lead to national industry certification.
651
652	A student with a disability, as defined in s. 1007.02(2), for
653	whom the individual education plan team determines that an end-
654	of-course assessment cannot accurately measure the student's
655	abilities, taking into consideration all allowable
656	accommodations, shall have the end-of-course assessment results
657	waived for purposes of determining the student's course grade
658	and completing the requirements for middle grades promotion.
659	Each school must hold a parent meeting either in the evening or
660	on a weekend to inform parents about the course curriculum and
661	activities. Each student shall complete an electronic personal
662	education plan that must be signed by the student; the student's
663	instructor, guidance counselor, or academic advisor; and the
664	student's parent. The Department of Education shall develop
665	course frameworks and professional development materials for the
666	career exploration and education planning course. The course may
667	be implemented as a stand-alone course or integrated into
668	another course or courses. The Commissioner of Education shall
669	collect longitudinal high school course enrollment data by
670	student ethnicity in order to analyze course-taking patterns.
671	(b)  For each year in which a student scores at Level l on
672	FCAT Reading, the student must be enrolled in and complete an
673	intensive reading course the following year. Placement of Level
674	2 readers in either an intensive reading course or a content
675	area course in which reading strategies are delivered shall be
676	determined by diagnosis of reading needs. The department shall
677	provide guidance on appropriate strategies for diagnosing and
678	meeting the varying instructional needs of students reading
679	below grade level. Reading courses shall be designed and offered
680	pursuant to the comprehensive reading plan required by s.
681	1011.62(9). A middle grades student who scores at Level 1 or
682	Level 2 on FCAT Reading but who did not score below Level 3 in
683	the previous 3 years may be granted a 1-year exemption from the
684	reading remediation requirement; however, the student must have
685	an approved academic improvement plan already in place, signed
686	by the appropriate school staff and the student's parent, for
687	the year for which the exemption is granted.
688	(c)  For each year in which a student scores at Level 1 or
689	Level 2 on FCAT Mathematics, the student must receive
690	remediation the following year, which may be integrated into the
691	student's required mathematics course.
692	Section 17.  Section 1003.4203, Florida Statutes, is
693	created to read:
694	1003.4203  Digital curriculum.-
695	(1)  Each district school board, in consultation with the
696	district school superintendent, may develop and implement a
697	digital curriculum for students in grades 6 through 12 in order
698	to enable students to attain competencies in web communications
699	and web design. A digital curriculum may include web-based
700	skills, web-based core technologies, web design, use of digital
701	technologies and markup language to show competency in computer
702	skills, and use of web-based core technologies to design
703	creative, informational, and content standards for web-based
704	digital products that demonstrate proficiency in creating,
705	publishing, testing, monitoring, and maintaining a website.
706	(2)  The digital curriculum instruction may be integrated
707	into middle school and high school subject area curricula or
708	offered as a separate course, subject to available funding.
709	(3)  The Department of Education shall develop a model
710	digital curriculum to serve as a guide for district school
711	boards in the development of a digital curriculum.
712	(4)  A district school board may seek partnerships with
713	private businesses and consultants to offer classes and
714	instruction to teachers and students to assist the school
715	district in providing digital curriculum instruction.
716	Section 18.  Paragraph (b) of subsection (2) of section
717	1003.428, Florida Statutes, is amended to read:
718	1003.428  General requirements for high school graduation;
719	revised.-
720	(2)  The 24 credits may be earned through applied,
721	integrated, and combined courses approved by the Department of
722	Education. The 24 credits shall be distributed as follows:
723	(b)  Eight credits in electives.
724	1.  For each year in which a student scores at Level 1 on
725	FCAT Reading, the student must be enrolled in and complete an
726	intensive reading course the following year. Placement of Level
727	2 readers in either an intensive reading course or a content
728	area course in which reading strategies are delivered shall be
729	determined by diagnosis of reading needs. The department shall
730	provide guidance on appropriate strategies for diagnosing and
731	meeting the varying instructional needs of students reading
732	below grade level. Reading courses shall be designed and offered
733	pursuant to the comprehensive reading plan required by s.
734	1011.62(9). A high school student who scores at Level 1 or Level
735	2 on FCAT Reading but who did not score below Level 3 in the
736	previous 3 years may be granted a 1-year exemption from the
737	reading remediation requirement; however, the student must have
738	an approved academic improvement plan already in place, signed
739	by the appropriate school staff and the student's parent, for
740	the year for which the exemption is granted.
741	2.  For each year in which a student scores at Level 1 or
742	Level 2 on FCAT Mathematics, the student must receive
743	remediation the following year. These courses may be taught
744	through applied, integrated, or combined courses and are subject
745	to approval by the department for inclusion in the Course Code
746	Directory.
747	Section 19.  Subsections (2), (3), (4), and (7) of section
748	1003.429, Florida Statutes, are amended to read:
749	1003.429  Accelerated high school graduation options.-
750	(2)  Prior to selecting a program described in paragraph
751	(1)(b) or paragraph (1)(c), a student and the student's parent
752	should must meet with designated school personnel to receive an
753	explanation of the relative requirements, advantages, and
754	disadvantages of each program option, and the student must also
755	receive the written consent of the student's parent. If an
756	effort to meet with the student's parent fails and that effort
757	has been documented by designated school personnel, the student
758	may select a program described in paragraph (1)(b) or paragraph
759	(1)(c) with the written consent of the student's parent. A
760	student may select a program described in paragraph (1)(b) or
761	paragraph (1)(c) without the written consent of the student's
762	parent if the student is 18 years of age or older.
763	(3)  Beginning with the 2011-2012 2006-2007 school year,
764	each district school board shall provide each student in grades
765	6 through 12 9 and their parents with information concerning the
766	3-year and 4-year high school graduation options listed in
767	subsection (1), including the respective curriculum requirements
768	for those options, so that the students and their parents may
769	select the program that best fits their needs. The information
770	must include a timeframe for achieving each graduation option.
771	(4)  Selection of one of the graduation options listed in
772	subsection (1) may must be completed by the student at any time
773	during grades 9 through 12 prior to the end of grade 9 and is
774	exclusively up to the student and parent, subject to the
775	requirements in subsection (2). Each district school board shall
776	establish policies for extending this deadline to the end of a
777	student's first semester of grade 10 for a student who entered a
778	Florida public school after grade 9 upon transfer from a private
779	school or another state or who was prevented from choosing a
780	graduation option due to illness during grade 9. If the student
781	and parent fail to select one of the accelerated high school
782	graduation options a graduation option, the student shall be
783	considered to have selected the general requirements for high
784	school graduation pursuant to paragraph (1)(a).
785	(7)  If, at the end of each grade 10, a student is not on
786	track to meet the credit, assessment, or grade-point-average
787	requirements of the accelerated graduation option selected, the
788	school shall notify the student and parent of the following:
789	(a)  The requirements that the student is not currently
790	meeting.
791	(b)  The specific performance necessary in grade 11 for the
792	student to meet the accelerated graduation requirements.
793	(c)  The right of the student to change to the 4-year
794	program set forth in s. 1003.428 or s. 1003.43, as applicable.
795	Section 20.  Subsections (2), (3), and (5) of section
796	1003.491, Florida Statutes, are amended to read:
797	1003.491  Florida Career and Professional Education Act.-
798	The Florida Career and Professional Education Act is created to
799	provide a statewide planning partnership between the business
800	and education communities in order to attract, expand, and
801	retain targeted, high-value industry and to sustain a strong,
802	knowledge-based economy.
803	(2)  Beginning with the 2007-2008 school year, Each
804	district school board shall develop, in collaboration with
805	regional local workforce boards, economic development agencies,
806	and postsecondary institutions approved to operate in the state,
807	a strategic 5-year plan to address and meet local and regional
808	workforce demands. If involvement of a regional the local
809	workforce board or an economic development agency in the
810	strategic plan development is not feasible, the local school
811	board, with the approval of the Agency for Workforce Innovation,
812	shall collaborate with the most appropriate regional local
813	business leadership board. Two or more school districts may
814	collaborate in the development of the strategic plan and offer a
815	career and professional academy as a joint venture. The
816	strategic plan Such plans must describe in detail provisions for
817	the efficient transportation of students, the maximum use of
818	shared resources, and access to courses aligned to state
819	curriculum standards through virtual education providers
820	legislatively authorized to provide part-time instruction to
821	middle school students, and an objective review of career and
822	professional academy courses to determine if the courses will
823	lead to the attainment of industry certifications included on
824	the Industry Certified Funding List pursuant to rules adopted by
825	the State Board of Education the Florida Virtual School when
826	appropriate. Each strategic plan shall be reviewed, updated, and
827	jointly approved every 5 years by the local school district,
828	regional workforce boards, economic development agencies, and
829	state-approved postsecondary institutions completed no later
830	than June 30, 2008, and shall include provisions to have in
831	place at least one operational career and professional academy,
832	pursuant to s. 1003.492, no later than the beginning of the
833	2008-2009 school year.
834	(3)  The strategic 5-year plan developed jointly by between
835	the local school district, regional local workforce boards,
836	economic development agencies, and state-approved postsecondary
837	institutions shall be constructed and based on:
838	(a)  Research conducted to objectively determine local and
839	regional workforce needs for the ensuing 5 years, using labor
840	projections of the United States Department of Labor and the
841	Agency for Workforce Innovation;
842	(b)  Strategies to develop and implement career academies
843	based on those careers determined to be in high demand;
844	(c)  Maximum use of private sector facilities and
845	personnel;
846	(d)  Strategies that ensure instruction by industry-
847	certified faculty and standards and strategies to maintain
848	current industry credentials and for recruiting and retaining
849	faculty to meet those standards;
850	(e)  Alignment of to requirements for middle school career
851	exploration, middle and high school career and professional
852	academies leading to industry certification, and high school
853	graduation requirements redesign;
854	(f)  Provisions to ensure that courses offered through
855	career and professional academies are academically rigorous,
856	meet or exceed appropriate state-adopted subject area standards,
857	result in attainment of industry certification, and, when
858	appropriate, result in postsecondary credit;
859	(g)  Strategies to improve the passage rate for industry
860	certification examinations if the rate falls below 50 percent;
861	(h)(g)  Establishment of student eligibility criteria in
862	career and professional academies which include opportunities
863	for students who have been unsuccessful in traditional
864	classrooms but who show aptitude to participate in academies.
865	School boards shall address the analysis of eighth grade student
866	achievement data to provide opportunities for students who may
867	be deemed as potential dropouts to participate in career and
868	professional academies;
869	(i)(h)  Strategies to provide sufficient space within
870	academies to meet workforce needs and to provide access to all
871	interested and qualified students;
872	(j)(i)  Strategies to implement engage Department of
873	Juvenile Justice students in career and professional academy
874	training that leads to industry certification at Department of
875	Juvenile Justice facilities;
876	(k)(j)  Opportunities for high school students to earn
877	weighted or dual enrollment credit for higher-level career and
878	technical courses;
879	(l)(k)  Promotion of the benefits of the Gold Seal Bright
880	Futures Scholarship;
881	(m)(l)  Strategies to ensure the review of district pupil-
882	progression plans and to amend such plans to include career and
883	professional courses and to include courses that may qualify as
884	substitute courses for core graduation requirements and those
885	that may be counted as elective courses; and
886	(n)(m)  Strategies to provide professional development for
887	secondary guidance counselors on the benefits of career and
888	professional academies.
889	(5)  The submission and review of newly proposed core
890	courses shall be conducted electronically, and each proposed
891	core course shall be approved or denied within 60 days. All
892	courses approved as core courses for purposes of middle school
893	promotion and high school graduation purposes shall be
894	immediately added to the Course Code Directory. Approved core
895	courses shall also be reviewed and considered for approval for
896	dual enrollment credit. The Board of Governors and the
897	Commissioner of Education shall jointly recommend an annual
898	deadline for approval of new core courses to be included for
899	purposes of postsecondary admissions and dual enrollment credit
900	the following academic year. The State Board of Education shall
901	establish an appeals process in the event that a proposed course
902	is denied which shall require a consensus ruling by the Agency
903	for Workforce Innovation and the Commissioner of Education
904	within 15 days. The curriculum review committee must be
905	established and operational no later than September 1, 2007.
906	Section 21.  Subsections (2), (4), (5), and (6) of section
907	1003.493, Florida Statutes, are amended to read:
908	1003.493  Career and professional academies.-
909	(2)  The goals of a career and professional academy are to:
910	(a)  Increase student academic achievement and graduation
911	rates through integrated academic and career curricula.
912	(b)  Prepare graduating high school students to make
913	appropriate choices relative to employment and future
914	educational experiences.
915	(c)  Focus on career preparation through rigorous academics
916	and industry certification.
917	(d)  Raise student aspiration and commitment to academic
918	achievement and work ethics through relevant coursework.
919	(e)  Support graduation requirements pursuant to s.
920	1003.428 by providing creative, applied major areas of interest.
921	(e)(f)  Promote acceleration mechanisms, such as dual
922	enrollment, articulated credit, or occupational completion
923	points, so that students may earn postsecondary credit while in
924	high school.
925	(f)(g)  Support the state's economy by meeting industry
926	needs for skilled employees in high-demand occupations.
927	(4)  Each career and professional academy must:
928	(a)  Provide a rigorous standards-based academic curriculum
929	integrated with a career curriculum. The curriculum must take
930	into consideration multiple styles of student learning; promote
931	learning by doing through application and adaptation; maximize
932	relevance of the subject matter; enhance each student's capacity
933	to excel; and include an emphasis on work habits and work
934	ethics.
935	(b)  Include one or more partnerships with postsecondary
936	institutions, businesses, industry, employers, economic
937	development organizations, or other appropriate partners from
938	the local community. Such partnerships shall be delineated in
939	articulation agreements to provide for career-based courses that
940	earn postsecondary credit. Such agreements may include
941	articulation between the academy and public or private 2-year
942	and 4-year postsecondary institutions and technical centers. The
943	Department of Education, in consultation with the Board of
944	Governors, shall establish a mechanism to ensure articulation
945	and transfer of credits to postsecondary institutions in this
946	state. Such partnerships must provide opportunities for:
947	1.  Instruction from highly skilled professionals who
948	possess industry-certification credentials for courses they are
949	teaching.
950	2.  Internships, externships, and on-the-job training.
951	3.  A postsecondary degree, diploma, or certificate.
952	4.  The highest available level of industry certification.
953	5.  Maximum articulation of credits pursuant to s. 1007.23
954	upon program completion.
955	(c)  Provide shared, maximum use of private sector
956	facilities and personnel.
957	(d)  Provide personalized student advisement, including a
958	parent-participation component, and coordination with middle
959	schools to promote and support career exploration and education
960	planning as required under s. 1003.4156. Coordination with
961	middle schools must provide information to middle school
962	students about secondary and postsecondary career education
963	programs and academies.
964	(e)  Promote and provide opportunities for career and
965	professional academy students to attain, at minimum, the Florida
966	Gold Seal Vocational Scholars award pursuant to s. 1009.536.
967	(f)  Provide instruction in careers designated as high
968	growth, high demand, and high pay by the regional local
969	workforce development board, the chamber of commerce, economic
970	development agencies, or the Agency for Workforce Innovation.
971	(g)  Deliver academic content through instruction relevant
972	to the career, including intensive reading and mathematics
973	intervention required by s. 1003.428, with an emphasis on
974	strengthening reading for information skills.
975	(h)  Offer applied courses that combine academic content
976	with technical skills.
977	(i)  Provide instruction resulting in competency,
978	certification, or credentials in workplace skills, including,
979	but not limited to, communication skills, interpersonal skills,
980	decisionmaking skills, the importance of attendance and
981	timeliness in the work environment, and work ethics.
982	(j)  Include a plan to sustain career and professional
983	academies Provide opportunities for students to obtain the
984	Florida Ready to Work Certification pursuant to s. 1004.99.
985	(k)  Include an evaluation plan developed jointly with the
986	Department of Education and the local workforce board. The
987	evaluation plan must include an assessment tool based on
988	national industry standards, such as the Career Academy National
989	Standards of Practice, and outcome measures, including, but not
990	limited to, achievement of national industry certifications
991	identified in the Industry Certification Funding List, pursuant
992	to rules adopted by the State Board of Education, graduation
993	rates, enrollment in postsecondary education, business and
994	industry satisfaction, employment and earnings, awards of
995	postsecondary credit and scholarships, and student achievement
996	levels and learning gains on statewide assessments administered
997	under s. 1008.22(3)(c). The Department of Education shall use
998	Workforce Florida, Inc., and Enterprise Florida, Inc., in
999	identifying industry experts to participate in developing and
1000	implementing such assessments.
1001	(k)(m)  Redirect appropriated career funding to career and
1002	professional academies.
1003	(5)  All career courses offered in a career and
1004	professional academy must lead to industry certification or
1005	college credit linked directly to the career theme of the
1006	course. If the passage rate on an industry certification
1007	examination that is associated with the career and professional
1008	academy falls below 50 percent, the academy must discontinue
1009	enrollment of new students the following school year and each
1010	year thereafter until such time as the passage rate is above 50
1011	percent or the academy is discontinued. At least 50 percent of
1012	students enrolled in a career course must achieve industry
1013	certifications or college credits during the second year the
1014	course is offered in order for the course to be offered a third
1015	year. At least 66 percent of students enrolled in such a course
1016	must achieve industry certifications or college credits during
1017	the third year the course is offered in order for it to be
1018	offered a fourth year and thereafter.
1019	(6)  Workforce Florida, Inc., through the secondary career
1020	academies initiatives, The Okaloosa County School District
1021	CHOICE Institutes shall serve in an advisory role and shall
1022	offer technical assistance in the development and deployment of
1023	newly established career and professional academies for a 3-year
1024	period beginning July 1, 2007.
1025	Section 22.  Section 1003.4935, Florida Statutes, is
1026	created to read:
1027	1003.4935  Middle school career and professional academy
1028	courses.-
1029	(1)  Beginning with the 2011-2012 school year, each
1030	district school board, in collaboration with regional workforce
1031	boards, economic development agencies, and state-approved
1032	postsecondary institutions, shall include plans to implement a
1033	career and professional academy in at least one middle school in
1034	the district as part of the strategic 5-year plan pursuant to s.
1035	1003.491(2). The middle school career and professional academy
1036	component of the strategic plan must ensure the transition of
1037	middle school career and professional academy students to a high
1038	school career and professional academy currently operating
1039	within the school district. Students who complete a middle
1040	school career and professional academy must have the opportunity
1041	to earn an industry certificate and high school credit and
1042	participate in career planning, job shadowing, and business
1043	leadership development activities.
1044	(2)  Each middle school career and professional academy
1045	must be aligned with at least one high school career and
1046	professional academy offered in the district and maintain
1047	partnerships with local business and industry and economic
1048	development boards. Middle school career and professional
1049	academies must:
1050	(a)  Provide instruction in courses leading to careers in
1051	occupations designated as high growth, high demand, and high pay
1052	in the Industry Certification Funding List approved under rules
1053	adopted by the State Board of Education;
1054	(b)  Offer career and professional academy courses that
1055	integrate content from core subject areas;
1056	(c)  Offer courses that integrate career and professional
1057	academy content with intensive reading and mathematics pursuant
1058	to s. 1003.428;
1059	(d)  Coordinate with high schools to maximize opportunities
1060	for middle school career and professional academy students to
1061	earn high school credit;
1062	(e)  Provide access to virtual instruction courses provided
1063	by virtual education providers legislatively authorized to
1064	provide part-time instruction to middle school students which
1065	are aligned to state curriculum standards for middle school
1066	career and professional academy students, with priority given to
1067	students who have required course deficits;
1068	(f)  Provide instruction from highly skilled professionals
1069	who hold industry certificates in the career area in which they
1070	teach;
1071	(g)  Offer externships; and
1072	(h)  Provide personalized student advisement that includes
1073	a parent-participation component.
1074	(3)  Beginning with the 2012-2013 school year, if a school
1075	district implements a middle school career and professional
1076	academy, the Department of Education shall collect and report
1077	student achievement data pursuant to performance factors
1078	identified under s. 1003.492(3) for academy students.
1079	Section 23.  Section 1003.573, Florida Statutes, is amended
1080	to read:
1081	1003.573  Use of seclusion and restraint and seclusion on
1082	students with disabilities.-
1083	(1)  DOCUMENTATION AND REPORTING.-
1084	(a)  A school shall prepare an incident report within 24
1085	hours after a student is released from restraint or seclusion.
1086	If the student's release occurs on a day before the school
1087	closes for the weekend, a holiday, or another reason, the
1088	incident report must be completed by the end of the school day
1089	on the day the school reopens.
1090	(b)  The following must be included in the incident report:
1091	1.  The name of the student restrained or secluded.
1092	2.  The age, grade, ethnicity, and disability of the
1093	student restrained or secluded.
1094	3.2.  The date and time of the event and the duration of
1095	the restraint or seclusion.
1096	4.3.  The location at which the restraint or seclusion
1097	occurred.
1098	5.4.  A description of the type of restraint used in terms
1099	established by the Department of Education.
1100	6.5.  The name of the person using or assisting in the
1101	restraint or seclusion of the student.
1102	7.6.  The name of any nonstudent who was present to witness
1103	the restraint or seclusion.
1104	8.7.  A description of the incident, including:
1105	a.  The context in which the restraint or seclusion
1106	occurred.
1107	b.  The student's behavior leading up to and precipitating
1108	the decision to use manual or physical restraint or seclusion,
1109	including an indication as to why there was an imminent risk of
1110	serious injury or death to the student or others.
1111	c.  The specific positive behavioral strategies used to
1112	prevent and deescalate the behavior.
1113	d.  What occurred with the student immediately after the
1114	termination of the restraint or seclusion.
1115	e.  Any injuries, visible marks, or possible medical
1116	emergencies that may have occurred during the restraint or
1117	seclusion, documented according to district policies.
1118	f.  Evidence of steps taken to notify the student's parent
1119	or guardian.
1120	(c)  A school shall notify the parent or guardian of a
1121	student each time manual or physical restraint or seclusion is
1122	used. Such notification must be in writing and provided before
1123	the end of the school day on which the restraint or seclusion
1124	occurs. Reasonable efforts must also be taken to notify the
1125	parent or guardian by telephone or computer e-mail, or both, and
1126	these efforts must be documented. The school shall obtain, and
1127	keep in its records, the parent's or guardian's signed
1128	acknowledgment that he or she was notified of his or her child's
1129	restraint or seclusion.
1130	(d)  A school shall also provide the parent or guardian
1131	with the completed incident report in writing by mail within 3
1132	school days after a student was manually or physically
1133	restrained or secluded. The school shall obtain, and keep in its
1134	records, the parent's or guardian's signed acknowledgment that
1135	he or she received a copy of the incident report.
1136	(2)  MONITORING.-
1137	(a)  Monitoring of the use of manual or physical restraint
1138	or seclusion on students shall occur at the classroom, building,
1139	district, and state levels.
1140	(b)  Beginning July 1, 2010, Documentation prepared as
1141	required in subsection (1) shall be provided to the school
1142	principal, the district director of Exceptional Student
1143	Education, and the bureau chief of the Bureau of Exceptional
1144	Education and Student Services electronically each month that
1145	the school is in session.
1146	(c)  The department shall maintain aggregate data of
1147	incidents of manual or physical restraint and seclusion and
1148	disaggregate the data for analysis by county, school, student
1149	exceptionality, and other variables, including the type and
1150	method of restraint or seclusion used. This information shall be
1151	updated monthly.
1152	(d)  The department shall establish standards for
1153	documenting, reporting, and monitoring the use of manual or
1154	physical restraint or mechanical restraint, and occurrences of
1155	seclusion. These standards shall be provided to school districts
1156	by October 1, 2011.
1157	(3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
1158	(a)  Each school district shall develop policies and
1159	procedures that are consistent with this section and that govern
1160	the following:
1161	1.  Incident-reporting procedures.
1162	2.  Data collection and monitoring, including when, where,
1163	and why students are restrained or secluded; the frequency of
1164	occurrences of such restraint or seclusion; and the prone or
1165	mechanical restraint that is most used.
1166	3.  Monitoring and reporting of data collected.
1167	4.  Training programs relating to manual or physical
1168	restraint and seclusion.
1169	5.  The district's plan for selecting personnel to be
1170	trained.
1171	6.  The district's plan for reducing the use of restraint
1172	and seclusion particularly in settings in which it occurs
1173	frequently or with students who are restrained repeatedly, and
1174	for reducing the use of prone restraint and mechanical
1175	restraint. The plan must include a goal for reducing the use of
1176	restraint and seclusion and must include activities, skills, and
1177	resources needed to achieve that goal. Activities may include,
1178	but are not limited to:
1179	a.  Additional training in positive behavioral support and
1180	crisis management;
1181	b.  Parental involvement;
1182	c.  Data review;
1183	d.  Updates of students' functional behavioral analysis and
1184	positive behavior intervention plans;
1185	e.  Additional student evaluations;
1186	f.  Debriefing with staff;
1187	g.  Use of schoolwide positive behavior support; and
1188	h.  Changes to the school environment.
1189	(b)  Any revisions to the district's such policies and
1190	procedures, which must be prepared as part of its the school
1191	district's special policies and procedures, must be filed with
1192	the bureau chief of the Bureau of Exceptional Education and
1193	Student Services no later than January 31, 2012 2011.
1194	(4)  PROHIBITED RESTRAINT.-School personnel may not use a
1195	mechanical restraint or a manual or physical restraint that
1196	restricts a student's breathing.
1197	(5)  SECLUSION.-School personnel may not close, lock, or
1198	physically block a student in a room that is unlit and does not
1199	meet the rules of the State Fire Marshal for seclusion time-out
1200	rooms.
1201	Section 24.  Section 1003.575, Florida Statutes, is amended
1202	to read:
1203	1003.575  Assistive technology devices; findings;
1204	interagency agreements.-Accessibility, utilization, and
1205	coordination of appropriate assistive technology devices and
1206	services are essential as a young person with disabilities moves
1207	from early intervention to preschool, from preschool to school,
1208	from one school to another, and from school to employment or
1209	independent living. If an individual education plan team makes a
1210	recommendation in accordance with State Board of Education rule
1211	for a student with a disability, as defined in s. 1003.01(3), to
1212	receive an assistive technology assessment, that assessment must
1213	be completed within 60 school days after the team's
1214	recommendation. To ensure that an assistive technology device
1215	issued to a young person as part of his or her individualized
1216	family support plan, individual support plan, or an individual
1217	education plan remains with the individual through such
1218	transitions, the following agencies shall enter into interagency
1219	agreements, as appropriate, to ensure the transaction of
1220	assistive technology devices:
1221	(1)  The Florida Infants and Toddlers Early Intervention
1222	Program in the Division of Children's Medical Services of the
1223	Department of Health.
1224	(2)  The Division of Blind Services, the Bureau of
1225	Exceptional Education and Student Services, and the Division of
1226	Vocational Rehabilitation of the Department of Education.
1227	(3)  The Voluntary Prekindergarten Education Program
1228	administered by the Department of Education and the Agency for
1229	Workforce Innovation.
1230
1231	Interagency agreements entered into pursuant to this section
1232	shall provide a framework for ensuring that young persons with
1233	disabilities and their families, educators, and employers are
1234	informed about the utilization and coordination of assistive
1235	technology devices and services that may assist in meeting
1236	transition needs, and shall establish a mechanism by which a
1237	young person or his or her parent may request that an assistive
1238	technology device remain with the young person as he or she
1239	moves through the continuum from home to school to postschool.
1240	Section 25.  Effective upon this act becoming a law,
1241	subsection (2) and paragraph (c) of subsection (3) of section
1242	1008.22, Florida Statutes, are amended to read:
1243	1008.22  Student assessment program for public schools.-
1244	(2)  NATIONAL AND INTERNATIONAL EDUCATION COMPARISONS.-It
1245	is Florida's intent to participate in the measurement of
1246	national educational goals. The Commissioner of Education shall
1247	direct Florida school districts to participate in the
1248	administration of the National Assessment of Educational
1249	Progress, or a similar national or international assessment
1250	program, both for the national sample and for any state-by-state
1251	comparison programs which may be initiated. The assessments must
1252	be conducted using the data collection procedures, the student
1253	surveys, the educator surveys, and other instruments included in
1254	the National Assessment of Educational Progress or similar
1255	national or international assessment program being administered
1256	in Florida. The results of these assessments shall be included
1257	in the annual report of the Commissioner of Education specified
1258	in this section, as applicable. The administration of the
1259	National Assessment of Educational Progress or similar national
1260	or international assessment program shall be in addition to and
1261	separate from the administration of the statewide assessment
1262	program.
1263	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
1264	design and implement a statewide program of educational
1265	assessment that provides information for the improvement of the
1266	operation and management of the public schools, including
1267	schools operating for the purpose of providing educational
1268	services to youth in Department of Juvenile Justice programs.
1269	The commissioner may enter into contracts for the continued
1270	administration of the assessment, testing, and evaluation
1271	programs authorized and funded by the Legislature. Contracts may
1272	be initiated in 1 fiscal year and continue into the next and may
1273	be paid from the appropriations of either or both fiscal years.
1274	The commissioner is authorized to negotiate for the sale or
1275	lease of tests, scoring protocols, test scoring services, and
1276	related materials developed pursuant to law. Pursuant to the
1277	statewide assessment program, the commissioner shall:
1278	(c)  Develop and implement a student achievement testing
1279	program as follows:
1280	1.  The Florida Comprehensive Assessment Test (FCAT)
1281	measures a student's content knowledge and skills in reading,
1282	writing, science, and mathematics. The content knowledge and
1283	skills assessed by the FCAT must be aligned to the core
1284	curricular content established in the Next Generation Sunshine
1285	State Standards. Other content areas may be included as directed
1286	by the commissioner. Comprehensive assessments of reading and
1287	mathematics shall be administered annually in grades 3 through
1288	10 except, beginning with the 2010-2011 school year, the
1289	administration of grade 9 FCAT Mathematics shall be
1290	discontinued, and beginning with the 2011-2012 school year, the
1291	administration of grade 10 FCAT Mathematics shall be
1292	discontinued, except as required for students who have not
1293	attained minimum performance expectations for graduation as
1294	provided in paragraph (9)(c). FCAT Writing and FCAT Science
1295	shall be administered at least once at the elementary, middle,
1296	and high school levels except, beginning with the 2011-2012
1297	school year, the administration of FCAT Science at the high
1298	school level shall be discontinued.
1299	2.a.  End-of-course assessments for a subject shall be
1300	administered in addition to the comprehensive assessments
1301	required under subparagraph 1. End-of-course assessments must be
1302	rigorous, statewide, standardized, and developed or approved by
1303	the department. The content knowledge and skills assessed by
1304	end-of-course assessments must be aligned to the core curricular
1305	content established in the Next Generation Sunshine State
1306	Standards.
1307	(I)  Statewide, standardized end-of-course assessments in
1308	mathematics shall be administered according to this sub-sub-
1309	subparagraph. Beginning with the 2010-2011 school year, all
1310	students enrolled in Algebra I or an equivalent course must take
1311	the Algebra I end-of-course assessment. Students who earned high
1312	school credit in Algebra I while in grades 6 through 8 during
1313	the 2007-2008 through 2009-2010 school years and who have not
1314	taken Grade 10 FCAT Mathematics must take the Algebra I end-of-
1315	course assessment during the 2010-2011 school year. For students
1316	entering grade 9 during the 2010-2011 school year and who are
1317	enrolled in Algebra I or an equivalent, each student's
1318	performance on the end-of-course assessment in Algebra I shall
1319	constitute 30 percent of the student's final course grade.
1320	Beginning with students entering grade 9 in the 2011-2012 school
1321	year, a student who is enrolled in Algebra I or an equivalent
1322	must earn a passing score on the end-of-course assessment in
1323	Algebra I or attain an equivalent score as described in
1324	subsection (11) in order to earn course credit. Beginning with
1325	the 2011-2012 school year, all students enrolled in geometry or
1326	an equivalent course must take the geometry end-of-course
1327	assessment. For students entering grade 9 during the 2011-2012
1328	school year, each student's performance on the end-of-course
1329	assessment in geometry shall constitute 30 percent of the
1330	student's final course grade. Beginning with students entering
1331	grade 9 during the 2012-2013 school year, a student must earn a
1332	passing score on the end-of-course assessment in geometry or
1333	attain an equivalent score as described in subsection (11) in
1334	order to earn course credit.
1335	(II)  Statewide, standardized end-of-course assessments in
1336	science shall be administered according to this sub-sub-
1337	subparagraph. Beginning with the 2011-2012 school year, all
1338	students enrolled in Biology I or an equivalent course must take
1339	the Biology I end-of-course assessment. For the 2011-2012 school
1340	year, each student's performance on the end-of-course assessment
1341	in Biology I shall constitute 30 percent of the student's final
1342	course grade. Beginning with students entering grade 9 during
1343	the 2012-2013 school year, a student must earn a passing score
1344	on the end-of-course assessment in Biology I in order to earn
1345	course credit.
1346	b.  During the 2012-2013 school year, an end-of-course
1347	assessment in civics education shall be administered as a field
1348	test at the middle school level. During the 2013-2014 school
1349	year, each student's performance on the statewide, standardized
1350	end-of-course assessment in civics education shall constitute 30
1351	percent of the student's final course grade. Beginning with the
1352	2014-2015 school year, a student must earn a passing score on
1353	the end-of-course assessment in civics education in order to
1354	pass the course and be promoted from the middle grades receive
1355	course credit. The school principal of a middle school shall
1356	determine, in accordance with State Board of Education rule,
1357	whether a student who transfers to the middle school and who has
1358	successfully completed a civics education course at the
1359	student's previous school must take an end-of-course assessment
1360	in civics education.
1361	c.  The commissioner may select one or more nationally
1362	developed comprehensive examinations, which may include, but
1363	need not be limited to, examinations for a College Board
1364	Advanced Placement course, International Baccalaureate course,
1365	or Advanced International Certificate of Education course, or
1366	industry-approved examinations to earn national industry
1367	certifications identified in the Industry Certification Funding
1368	List, pursuant to rules adopted by the State Board of Education,
1369	for use as end-of-course assessments under this paragraph, if
1370	the commissioner determines that the content knowledge and
1371	skills assessed by the examinations meet or exceed the grade
1372	level expectations for the core curricular content established
1373	for the course in the Next Generation Sunshine State Standards.
1374	The commissioner may collaborate with the American Diploma
1375	Project in the adoption or development of rigorous end-of-course
1376	assessments that are aligned to the Next Generation Sunshine
1377	State Standards.
1378	d.  Contingent upon funding provided in the General
1379	Appropriations Act, including the appropriation of funds
1380	received through federal grants, the Commissioner of Education
1381	shall establish an implementation schedule for the development
1382	and administration of additional statewide, standardized end-of-
1383	course assessments in English/Language Arts II, Algebra II,
1384	chemistry, physics, earth/space science, United States history,
1385	and world history. Priority shall be given to the development of
1386	end-of-course assessments in English/Language Arts II. The
1387	Commissioner of Education shall evaluate the feasibility and
1388	effect of transitioning from the grade 9 and grade 10 FCAT
1389	Reading and high school level FCAT Writing to an end-of-course
1390	assessment in English/Language Arts II. The commissioner shall
1391	report the results of the evaluation to the President of the
1392	Senate and the Speaker of the House of Representatives no later
1393	than July 1, 2011.
1394	3.  The testing program shall measure student content
1395	knowledge and skills adopted by the State Board of Education as
1396	specified in paragraph (a) and measure and report student
1397	performance levels of all students assessed in reading, writing,
1398	mathematics, and science. The commissioner shall provide for the
1399	tests to be developed or obtained, as appropriate, through
1400	contracts and project agreements with private vendors, public
1401	vendors, public agencies, postsecondary educational
1402	institutions, or school districts. The commissioner shall obtain
1403	input with respect to the design and implementation of the
1404	testing program from state educators, assistive technology
1405	experts, and the public.
1406	4.  The testing program shall be composed of criterion-
1407	referenced tests that shall, to the extent determined by the
1408	commissioner, include test items that require the student to
1409	produce information or perform tasks in such a way that the core
1410	content knowledge and skills he or she uses can be measured.
1411	5.  FCAT Reading, Mathematics, and Science and all
1412	statewide, standardized end-of-course assessments shall measure
1413	the content knowledge and skills a student has attained on the
1414	assessment by the use of scaled scores and achievement levels.
1415	Achievement levels shall range from 1 through 5, with level 1
1416	being the lowest achievement level, level 5 being the highest
1417	achievement level, and level 3 indicating satisfactory
1418	performance on an assessment. For purposes of FCAT Writing,
1419	student achievement shall be scored using a scale of 1 through 6
1420	and the score earned shall be used in calculating school grades.
1421	A score shall be designated for each subject area tested, below
1422	which score a student's performance is deemed inadequate. The
1423	school districts shall provide appropriate remedial instruction
1424	to students who score below these levels.
1425	6.  The State Board of Education shall, by rule, designate
1426	a passing score for each part of the grade 10 assessment test
1427	and end-of-course assessments. Any rule that has the effect of
1428	raising the required passing scores may apply only to students
1429	taking the assessment for the first time after the rule is
1430	adopted by the State Board of Education. Except as otherwise
1431	provided in this subparagraph and as provided in s.
1432	1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
1433	passing score on grade 10 FCAT Reading and grade 10 FCAT
1434	Mathematics or attain concordant scores as described in
1435	subsection (10) in order to qualify for a standard high school
1436	diploma.
1437	7.  In addition to designating a passing score under
1438	subparagraph 6., the State Board of Education shall also
1439	designate, by rule, a score for each statewide, standardized
1440	end-of-course assessment which indicates that a student is high
1441	achieving and has the potential to meet college-readiness
1442	standards by the time the student graduates from high school.
1443	8.  Participation in the testing program is mandatory for
1444	all students attending public school, including students served
1445	in Department of Juvenile Justice programs, except as otherwise
1446	prescribed by the commissioner. A student who has not earned
1447	passing scores on the grade 10 FCAT as provided in subparagraph
1448	6. must participate in each retake of the assessment until the
1449	student earns passing scores or achieves scores on a
1450	standardized assessment which are concordant with passing scores
1451	pursuant to subsection (10). If a student does not participate
1452	in the statewide assessment, the district must notify the
1453	student's parent and provide the parent with information
1454	regarding the implications of such nonparticipation. A parent
1455	must provide signed consent for a student to receive classroom
1456	instructional accommodations that would not be available or
1457	permitted on the statewide assessments and must acknowledge in
1458	writing that he or she understands the implications of such
1459	instructional accommodations. The State Board of Education shall
1460	adopt rules, based upon recommendations of the commissioner, for
1461	the provision of test accommodations for students in exceptional
1462	education programs and for students who have limited English
1463	proficiency. Accommodations that negate the validity of a
1464	statewide assessment are not allowable in the administration of
1465	the FCAT or an end-of-course assessment. However, instructional
1466	accommodations are allowable in the classroom if included in a
1467	student's individual education plan. Students using
1468	instructional accommodations in the classroom that are not
1469	allowable as accommodations on the FCAT or an end-of-course
1470	assessment may have the FCAT or an end-of-course assessment
1471	requirement waived pursuant to the requirements of s.
1472	1003.428(8)(b) or s. 1003.43(11)(b).
1473	9.  A student seeking an adult high school diploma must
1474	meet the same testing requirements that a regular high school
1475	student must meet.
1476	10.  District school boards must provide instruction to
1477	prepare students in the core curricular content established in
1478	the Next Generation Sunshine State Standards adopted under s.
1479	1003.41, including the core content knowledge and skills
1480	necessary for successful grade-to-grade progression and high
1481	school graduation. If a student is provided with instructional
1482	accommodations in the classroom that are not allowable as
1483	accommodations in the statewide assessment program, as described
1484	in the test manuals, the district must inform the parent in
1485	writing and must provide the parent with information regarding
1486	the impact on the student's ability to meet expected performance
1487	levels in reading, writing, mathematics, and science. The
1488	commissioner shall conduct studies as necessary to verify that
1489	the required core curricular content is part of the district
1490	instructional programs.
1491	11.  District school boards must provide opportunities for
1492	students to demonstrate an acceptable performance level on an
1493	alternative standardized assessment approved by the State Board
1494	of Education following enrollment in summer academies.
1495	12.  The Department of Education must develop, or select,
1496	and implement a common battery of assessment tools that will be
1497	used in all juvenile justice programs in the state. These tools
1498	must accurately measure the core curricular content established
1499	in the Next Generation Sunshine State Standards.
1500	13.  For students seeking a special diploma pursuant to s.
1501	1003.438, the Department of Education must develop or select and
1502	implement an alternate assessment tool that accurately measures
1503	the core curricular content established in the Next Generation
1504	Sunshine State Standards for students with disabilities under s.
1505	1003.438.
1506	14.  The Commissioner of Education shall establish
1507	schedules for the administration of statewide assessments and
1508	the reporting of student test results. When establishing the
1509	schedules for the administration of statewide assessments, the
1510	commissioner shall consider the observance of religious and
1511	school holidays. The commissioner shall, by August 1 of each
1512	year, notify each school district in writing and publish on the
1513	department's Internet website the testing and reporting
1514	schedules for, at a minimum, the school year following the
1515	upcoming school year. The testing and reporting schedules shall
1516	require that:
1517	a.  There is the latest possible administration of
1518	statewide assessments and the earliest possible reporting to the
1519	school districts of student test results which is feasible
1520	within available technology and specific appropriations;
1521	however, test results for the FCAT must be made available no
1522	later than the week of June 8. Student results for end-of-course
1523	assessments must be provided no later than 1 week after the
1524	school district completes testing for each course. The
1525	commissioner may extend the reporting schedule under exigent
1526	circumstances.
1527	b.  Beginning with the 2010-2011 school year, FCAT Writing
1528	may is not be administered earlier than the week of March 1 and
1529	a comprehensive statewide assessment of any other subject may is
1530	not be administered earlier than the week of April 15.
1531	c.  A statewide, standardized end-of-course assessment is
1532	administered during a 3-week period at the end of the course.
1533	The commissioner shall select an a 3-week administration period
1534	for assessments that meets the intent of end-of-course
1535	assessments and provides student results prior to the end of the
1536	course. School districts shall administer tests in accordance
1537	with the schedule determined by the commissioner select 1
1538	testing week within the 3-week administration period for each
1539	end-of-course assessment. For an end-of-course assessment
1540	administered at the end of the first semester, the commissioner
1541	shall determine the most appropriate testing dates based on a
1542	review of each school district's academic calendar.
1543
1544	The commissioner may, based on collaboration and input from
1545	school districts, design and implement student testing programs,
1546	for any grade level and subject area, necessary to effectively
1547	monitor educational achievement in the state, including the
1548	measurement of educational achievement of the Next Generation
1549	Sunshine State Standards for students with disabilities.
1550	Development and refinement of assessments shall include
1551	universal design principles and accessibility standards that
1552	will prevent any unintended obstacles for students with
1553	disabilities while ensuring the validity and reliability of the
1554	test. These principles should be applicable to all technology
1555	platforms and assistive devices available for the assessments.
1556	The field testing process and psychometric analyses for the
1557	statewide assessment program must include an appropriate
1558	percentage of students with disabilities and an evaluation or
1559	determination of the effect of test items on such students.
1560	Section 26.  Subsection (3) of section 1008.30, Florida
1561	Statutes, is amended to read:
1562	1008.30  Common placement testing for public postsecondary
1563	education.-
1564	(3)  The State Board of Education shall adopt rules that
1565	require high schools to evaluate before the beginning of grade
1566	12 the college readiness of each student who indicates an
1567	interest in postsecondary education and scores at Level 2 or
1568	Level 3 on the reading portion of the grade 10 FCAT or Level 2,
1569	Level 3, or Level 4 on the mathematics assessments under s.
1570	1008.22(3)(c). High schools shall perform this evaluation using
1571	results from the corresponding component of the common placement
1572	test prescribed in this section, or an equivalent test
1573	identified by the State Board of Education. The State Board
1574	Department of Education shall identify in rule purchase or
1575	develop the assessments necessary to perform the evaluations
1576	required by this subsection and shall work with the school
1577	districts to administer the assessments. The State Board of
1578	Education shall establish by rule the minimum test scores a
1579	student must achieve to demonstrate readiness. Students who
1580	demonstrate readiness by achieving the minimum test scores
1581	established by the state board and enroll in a community college
1582	within 2 years of achieving such scores shall not be required to
1583	retest or enroll in remediation when admitted courses as a
1584	condition of acceptance to any community college. The high
1585	school shall use the results of the test to advise the students
1586	of any identified deficiencies and to the maximum extent
1587	practicable provide 12th grade students, and require them to
1588	complete, access to appropriate postsecondary preparatory
1589	remedial instruction prior to high school graduation. The
1590	curriculum remedial instruction provided under this subsection
1591	shall be identified in rule by the State Board of Education and
1592	encompass Florida's Postsecondary Readiness Competencies. Other
1593	elective courses may not be substituted for the selected
1594	postsecondary reading, mathematics, or writing preparatory
1595	course unless the elective course covers the same competencies
1596	included in the postsecondary reading, mathematics, or writing
1597	preparatory course a collaborative effort between secondary and
1598	postsecondary educational institutions. To the extent courses
1599	are available, the Florida Virtual School may be used to provide
1600	the remedial instruction required by this subsection.
1601	Section 27.  Paragraph (b) of subsection (3) and subsection
1602	(4) of section 1008.33, Florida Statutes, are amended to read:
1603	1008.33  Authority to enforce public school improvement.-
1604	(3)
1605	(b)  For the purpose of determining whether a public school
1606	requires action to achieve a sufficient level of school
1607	improvement, beginning with the 2010-2011 school year, the
1608	Department of Education shall annually categorize a public
1609	school in one of six categories based on the following:
1610	1.  A school's grade based upon statewide assessments
1611	administered pursuant to s. 1008.22; and
1612	2.  school's grade, pursuant to s. 1008.34, and The level
1613	and rate of change in student performance in the areas of
1614	reading and mathematics, disaggregated into student subgroups as
1615	described in the federal Elementary and Secondary Education Act,
1616	20 U.S.C. s. 6311(b)(2)(C)(v)(II).
1617	(4)  The Department of Education shall create a matrix that
1618	reflects intervention and support strategies to address the
1619	particular needs of schools in each category.
1620	(a)  Intervention and support strategies shall be applied
1621	to schools based upon the school categorization pursuant to
1622	paragraph (3)(b). The Department of Education shall apply the
1623	most intense intervention strategies to the lowest-performing
1624	schools. For all but the lowest category and "F" schools in the
1625	second lowest category, the intervention and support strategies
1626	shall be administered solely by the districts and the schools.
1627	(b)  The lowest-performing schools are schools that are
1628	categorized pursuant to paragraph (3)(b) and have received:
1629	1.  A grade of "F" in the most recent school year and in 4
1630	of the last 6 years; or
1631	2.  A grade of "D" or "F" in the most recent school year
1632	and meet at least three of the following criteria:
1633	a.  The percentage of students who are not proficient in
1634	reading has increased when compared to measurements taken 5
1635	years previously;
1636	b.  The percentage of students who are not proficient in
1637	mathematics has increased when compared to measurements taken 5
1638	years previously;
1639	c.  At least 65 percent of the school's students are not
1640	proficient in reading; or
1641	d.  At least 65 percent of the school's students are not
1642	proficient in mathematics.
1643	Section 28.  Paragraph (f) of subsection (5) of section
1644	1008.331, Florida Statutes, is amended to read:
1645	1008.331  Supplemental educational services in Title I
1646	schools; school district, provider, and department
1647	responsibilities.-
1648	(5)  RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION.-
1649	(f)  By September 1, 2011 2009, the department shall
1650	approve and a district may select acceptable premethods and
1651	postmethods for measuring student learning gains, including
1652	standardized assessments, diagnostic assessments, criterion-
1653	referenced and skills-based assessments, or other applicable
1654	methods appropriate for each grade level, for use by
1655	supplemental educational services providers and local school
1656	districts in determining student learning gains. Each method
1657	must be able to measure student progress toward mastering the
1658	benchmarks or access points set forth in the Sunshine State
1659	Standards and the student's supplemental educational services
1660	plan. The use of a diagnostic and assessment instrument, which
1661	is aligned to a provider's curriculum, is an acceptable
1662	premethod and postmethod if the provider can demonstrate that
1663	the assessment meets the requirements in this paragraph and is
1664	not deemed unreliable or invalid by the department.
1665	Section 29.  Paragraphs (b) and (c) of subsection (3) of
1666	section 1008.34, Florida Statutes, are amended to read:
1667	1008.34  School grading system; school report cards;
1668	district grade.-
1669	(3)  DESIGNATION OF SCHOOL GRADES.-
1670	(b)1.  A school's grade shall be based on a combination of:
1671	a.  Student achievement scores, including achievement on
1672	all FCAT assessments administered under s. 1008.22(3)(c)1., end-
1673	of-course assessments administered under s. 1008.22(3)(c)2.a.,
1674	and achievement scores for students seeking a special diploma.
1675	b.  Student learning gains in reading and mathematics as
1676	measured by FCAT and end-of-course assessments, as described in
1677	s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
1678	a special diploma, as measured by an alternate assessment tool,
1679	shall be included not later than the 2009-2010 school year.
1680	c.  Improvement of the lowest 25th percentile of students
1681	in the school in reading and mathematics on the FCAT or end-of-
1682	course assessments described in s. 1008.22(3)(c)2.a., unless
1683	these students are exhibiting satisfactory performance.
1684	2.  Beginning with the 2011-2012 school year, for schools
1685	comprised of middle school grades 6 through 8 or grades 7 and 8,
1686	the school's grade shall include the performance and
1687	participation of its students enrolled in high school level
1688	courses with end-of-course assessments administered under s.
1689	1008.22(3)(c)2.a. Performance and participation must be weighted
1690	equally. As valid data becomes available, the school grades
1691	shall include the students' attainment of national industry
1692	certification identified in the Industry Certification Funding
1693	List pursuant to rules adopted by the State Board of Education.
1694	3.2.  Beginning with the 2009-2010 school year for schools
1695	comprised of high school grades 9, 10, 11, and 12, or grades 10,
1696	11, and 12, 50 percent of the school grade shall be based on a
1697	combination of the factors listed in sub-subparagraphs 1.a.-c.
1698	and the remaining 50 percent on the following factors:
1699	a.  The high school graduation rate of the school;
1700	b.  As valid data becomes available, the performance and
1701	participation of the school's students in College Board Advanced
1702	Placement courses, International Baccalaureate courses, dual
1703	enrollment courses, and Advanced International Certificate of
1704	Education courses; and the students' achievement of national
1705	industry certification identified in the Industry Certification
1706	Funding List, pursuant to rules adopted by the State Board of
1707	Education;
1708	c.  Postsecondary readiness of the school's students as
1709	measured by the SAT, ACT, or the common placement test;
1710	d.  The high school graduation rate of at-risk students who
1711	scored at Level 2 or lower on the grade 8 FCAT Reading and
1712	Mathematics examinations;
1713	e.  As valid data becomes available, the performance of the
1714	school's students on statewide standardized end-of-course
1715	assessments administered under s. 1008.22(3)(c)2.b. and c.; and
1716	f.  The growth or decline in the components listed in sub-
1717	subparagraphs a.-e. from year to year.
1718	(c)  Student assessment data used in determining school
1719	grades shall include:
1720	1.  The aggregate scores of all eligible students enrolled
1721	in the school who have been assessed on the FCAT and statewide,
1722	standardized end-of-course assessments in courses required for
1723	high school graduation, including, beginning with the 2010-2011
1724	school year, the end-of-course assessment in Algebra I; and
1725	beginning with the 2011-2012 school year, the end-of-course
1726	assessments in geometry and Biology; and beginning with the
1727	2013-2014 school year, on the statewide, standardized end-of-
1728	course assessment in civics education at the middle school
1729	level.
1730	2.  The aggregate scores of all eligible students enrolled
1731	in the school who have been assessed on the FCAT and end-of-
1732	course assessments as described in s. 1008.22(3)(c)2.a., and who
1733	have scored at or in the lowest 25th percentile of students in
1734	the school in reading and mathematics, unless these students are
1735	exhibiting satisfactory performance.
1736	3.  The achievement scores and learning gains of eligible
1737	students attending alternative schools that provide dropout
1738	prevention and academic intervention services pursuant to s.
1739	1003.53. The term "eligible students" in this subparagraph does
1740	not include students attending an alternative school who are
1741	subject to district school board policies for expulsion for
1742	repeated or serious offenses, who are in dropout retrieval
1743	programs serving students who have officially been designated as
1744	dropouts, or who are in programs operated or contracted by the
1745	Department of Juvenile Justice. The student performance data for
1746	eligible students identified in this subparagraph shall be
1747	included in the calculation of the home school's grade. As used
1748	in this subparagraph section and s. 1008.341, the term "home
1749	school" means the school to which the student would be assigned
1750	if the student were not assigned to an alternative school. If an
1751	alternative school chooses to be graded under this section,
1752	student performance data for eligible students identified in
1753	this subparagraph shall not be included in the home school's
1754	grade but shall be included only in the calculation of the
1755	alternative school's grade. A school district that fails to
1756	assign the FCAT and end-of-course assessment as described in s.
1757	1008.22(3)(c)2.a. scores of each of its students to his or her
1758	home school or to the alternative school that receives a grade
1759	shall forfeit Florida School Recognition Program funds for 1
1760	fiscal year. School districts must require collaboration between
1761	the home school and the alternative school in order to promote
1762	student success. This collaboration must include an annual
1763	discussion between the principal of the alternative school and
1764	the principal of each student's home school concerning the most
1765	appropriate school assignment of the student.
1766	4.  The achievement scores and learning gains of students
1767	designated as hospital or homebound. Student assessment data for
1768	students designated as hospital or homebound shall be assigned
1769	to their home school for the purposes of school grades. As used
1770	in this subparagraph, the term "home school" means the school to
1771	which a student would be assigned if the student were not
1772	assigned to a hospital or homebound program.
1773	5.4.  For schools comprised of high school grades 9, 10,
1774	11, and 12, or grades 10, 11, and 12, the data listed in
1775	subparagraphs 1.-3. and the following data as the Department of
1776	Education determines such data are valid and available:
1777	a.  The high school graduation rate of the school as
1778	calculated by the Department of Education;
1779	b.  The participation rate of all eligible students
1780	enrolled in the school and enrolled in College Board Advanced
1781	Placement courses; International Baccalaureate courses; dual
1782	enrollment courses; Advanced International Certificate of
1783	Education courses; and courses or sequence of courses leading to
1784	national industry certification identified in the Industry
1785	Certification Funding List, pursuant to rules adopted by the
1786	State Board of Education;
1787	c.  The aggregate scores of all eligible students enrolled
1788	in the school in College Board Advanced Placement courses,
1789	International Baccalaureate courses, and Advanced International
1790	Certificate of Education courses;
1791	d.  Earning of college credit by all eligible students
1792	enrolled in the school in dual enrollment programs under s.
1793	1007.271;
1794	e.  Earning of a national industry certification identified
1795	in the Industry Certification Funding List, pursuant to rules
1796	adopted by the State Board of Education;
1797	f.  The aggregate scores of all eligible students enrolled
1798	in the school in reading, mathematics, and other subjects as
1799	measured by the SAT, the ACT, and the common placement test for
1800	postsecondary readiness;
1801	g.  The high school graduation rate of all eligible at-risk
1802	students enrolled in the school who scored at Level 2 or lower
1803	on the grade 8 FCAT Reading and Mathematics examinations;
1804	h.  The performance of the school's students on statewide
1805	standardized end-of-course assessments administered under s.
1806	1008.22(3)(c)2.b. and c.; and
1807	i.  The growth or decline in the data components listed in
1808	sub-subparagraphs a.-h. from year to year.
1809
1810	The State Board of Education shall adopt appropriate criteria
1811	for each school grade. The criteria must also give added weight
1812	to student achievement in reading. Schools designated with a
1813	grade of "C," making satisfactory progress, shall be required to
1814	demonstrate that adequate progress has been made by students in
1815	the school who are in the lowest 25th percentile in reading and
1816	mathematics on the FCAT and end-of-course assessments as
1817	described in s. 1008.22(3)(c)2.a., unless these students are
1818	exhibiting satisfactory performance. Beginning with the 2009-
1819	2010 school year for schools comprised of high school grades 9,
1820	10, 11, and 12, or grades 10, 11, and 12, the criteria for
1821	school grades must also give added weight to the graduation rate
1822	of all eligible at-risk students, as defined in this paragraph.
1823	Beginning in the 2009-2010 school year, in order for a high
1824	school to be designated as having a grade of "A," making
1825	excellent progress, the school must demonstrate that at-risk
1826	students, as defined in this paragraph, in the school are making
1827	adequate progress.
1828	Section 30.  Paragraph (a) of subsection (3) of section
1829	1011.01, Florida Statutes, is amended to read:
1830	1011.01  Budget system established.-
1831	(3)(a)  Each district school board and each community
1832	college board of trustees shall prepare, adopt, and submit to
1833	the Commissioner of Education for review an annual operating
1834	budget. Operating budgets shall be prepared and submitted in
1835	accordance with the provisions of law, rules of the State Board
1836	of Education, the General Appropriations Act, and for district
1837	school boards in accordance with the provisions of ss. 200.065
1838	and 1011.64.
1839	Section 31.  Subsection (4) of section 1011.03, Florida
1840	Statutes, is amended to read:
1841	1011.03  Public hearings; budget to be submitted to
1842	Department of Education.-
1843	(4)  The board shall hold public hearings to adopt
1844	tentative and final budgets pursuant to s. 200.065. The hearings
1845	shall be primarily for the purpose of hearing requests and
1846	complaints from the public regarding the budgets and the
1847	proposed tax levies and for explaining the budget and proposed
1848	or adopted amendments thereto, if any. The district school board
1849	shall then require the superintendent to transmit forthwith two
1850	copies of the adopted budget to the Department of Education for
1851	approval as prescribed by law and rules of the State Board of
1852	Education.
1853	Section 32.  Section 1011.035, Florida Statutes, is created
1854	to read:
1855	1011.035  School district budget transparency.-
1856	(1)  It is important for school districts to provide
1857	budgetary transparency to enable taxpayers, parents, and
1858	education advocates to obtain school district budget and related
1859	information in a manner that is simply explained and easily
1860	understandable. Budgetary transparency leads to more responsible
1861	spending, more citizen involvement, and improved accountability.
1862	A budget that is not transparent, accessible, and accurate
1863	cannot be properly analyzed, its implementation thoroughly
1864	monitored, or its outcomes evaluated.
1865	(2)  Each district school board shall post on its website a
1866	plain language version of each proposed, tentative, and official
1867	budget which describes each budget item in terms that are easily
1868	understandable to the public. This information must be
1869	prominently posted on the school district's website in a manner
1870	that is readily accessible to the public.
1871	(3)  Each district school board is encouraged to post the
1872	following information on its website:
1873	(a)  Timely information as to when a budget hearing will be
1874	conducted.
1875	(b)  Each contract between the district school board and
1876	the teachers' union.
1877	(c)  Each contract between the district school board and
1878	noninstructional staff.
1879	(d)  Each contract exceeding $35,000 between the school
1880	board and a vendor of services, supplies, or programs or for the
1881	purchase or lease of lands, facilities, or properties.
1882	(e)  Each contract exceeding $35,000 that is an emergency
1883	procurement or is with a single source as authorized under s.
1884	287.057(3).
1885	(f)  Recommendations of the citizens' budget advisory
1886	committee.
1887	(g)  Current and archived video recordings of each district
1888	school board meeting and workshop.
1889	(4)  The website should contain links to:
1890	(a)  Help explain or provide background information on
1891	various budget items that are required by state or federal law.
1892	(b)  Allow users to navigate to related sites to view
1893	supporting details.
1894	(c)  Enable taxpayers, parents, and education advocates to
1895	send e-mails asking questions about the budget and enable others
1896	to view the questions and responses.
1897	Section 33.  Paragraph (e) of subsection (1) of section
1898	1011.62, Florida Statutes, is amended to read:
1899	1011.62  Funds for operation of schools.-If the annual
1900	allocation from the Florida Education Finance Program to each
1901	district for operation of schools is not determined in the
1902	annual appropriations act or the substantive bill implementing
1903	the annual appropriations act, it shall be determined as
1904	follows:
1905	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1906	OPERATION.-The following procedure shall be followed in
1907	determining the annual allocation to each district for
1908	operation:
1909	(e)  Funding model for exceptional student education
1910	programs.-
1911	1.a.  The funding model uses basic, at-risk, support levels
1912	IV and V for exceptional students and career Florida Education
1913	Finance Program cost factors, and a guaranteed allocation for
1914	exceptional student education programs. Exceptional education
1915	cost factors are determined by using a matrix of services to
1916	document the services that each exceptional student will
1917	receive. The nature and intensity of the services indicated on
1918	the matrix shall be consistent with the services described in
1919	each exceptional student's individual educational plan. The
1920	Department of Education shall review and revise the descriptions
1921	of the services and supports included in the matrix of services
1922	for exceptional students and shall implement those revisions
1923	before the beginning of the 2012-2013 school year.
1924	b.  In order to generate funds using one of the two
1925	weighted cost factors, a matrix of services must be completed at
1926	the time of the student's initial placement into an exceptional
1927	student education program and at least once every 3 years by
1928	personnel who have received approved training. Nothing listed in
1929	the matrix shall be construed as limiting the services a school
1930	district must provide in order to ensure that exceptional
1931	students are provided a free, appropriate public education.
1932	c.  Students identified as exceptional, in accordance with
1933	chapter 6A-6, Florida Administrative Code, who do not have a
1934	matrix of services as specified in sub-subparagraph b. shall
1935	generate funds on the basis of full-time-equivalent student
1936	membership in the Florida Education Finance Program at the same
1937	funding level per student as provided for basic students.
1938	Additional funds for these exceptional students will be provided
1939	through the guaranteed allocation designated in subparagraph 2.
1940	2.  For students identified as exceptional who do not have
1941	a matrix of services and students who are gifted in grades K
1942	through 8, there is created a guaranteed allocation to provide
1943	these students with a free appropriate public education, in
1944	accordance with s. 1001.42(4)(m) and rules of the State Board of
1945	Education, which shall be allocated annually to each school
1946	district in the amount provided in the General Appropriations
1947	Act. These funds shall be in addition to the funds appropriated
1948	on the basis of FTE student membership in the Florida Education
1949	Finance Program, and the amount allocated for each school
1950	district shall not be recalculated during the year. These funds
1951	shall be used to provide special education and related services
1952	for exceptional students and students who are gifted in grades K
1953	through 8. Beginning with the 2007-2008 fiscal year, a
1954	district's expenditure of funds from the guaranteed allocation
1955	for students in grades 9 through 12 who are gifted may not be
1956	greater than the amount expended during the 2006-2007 fiscal
1957	year for gifted students in grades 9 through 12.
1958	Section 34.  Paragraph (c) of subsection (1) of section
1959	1012.39, Florida Statutes, is amended to read:
1960	1012.39  Employment of substitute teachers, teachers of
1961	adult education, nondegreed teachers of career education, and
1962	career specialists; students performing clinical field
1963	experience.-
1964	(1)  Notwithstanding ss. 1012.32, 1012.55, 1012.56, and
1965	1012.57, or any other provision of law or rule to the contrary,
1966	each district school board shall establish the minimal
1967	qualifications for:
1968	(c)  Part-time and full-time nondegreed teachers of career
1969	programs. Qualifications shall be established for nondegreed
1970	teachers of career and technical education courses for program
1971	clusters that are recognized in the state and are agriculture,
1972	business, health occupations, family and consumer sciences,
1973	industrial, marketing, career specialist, and public service
1974	education teachers, based primarily on successful occupational
1975	experience rather than academic training. The qualifications for
1976	such teachers shall require:
1977	1.  The filing of a complete set of fingerprints in the
1978	same manner as required by s. 1012.32. Faculty employed solely
1979	to conduct postsecondary instruction may be exempted from this
1980	requirement.
1981	2.  Documentation of education and successful occupational
1982	experience including documentation of:
1983	a.  A high school diploma or the equivalent.
1984	b.  Completion of 6 years of full-time successful
1985	occupational experience or the equivalent of part-time
1986	experience in the teaching specialization area. The district
1987	school board may establish alternative qualifications for
1988	teachers with an industry certification in the career area in
1989	which they teach. Alternate means of determining successful
1990	occupational experience may be established by the district
1991	school board.
1992	c.  Completion of career education training conducted
1993	through the local school district inservice master plan.
1994	d.  For full-time teachers, completion of professional
1995	education training in teaching methods, course construction,
1996	lesson planning and evaluation, and teaching special needs
1997	students. This training may be completed through coursework from
1998	an accredited or approved institution or an approved district
1999	teacher education program.
2000	e.  Demonstration of successful teaching performance.
2001	f.  Documentation of industry certification when state or
2002	national industry certifications are available and applicable.
2003	Section 35.  Except as otherwise expressly provided in this
2004	act and except for this section, which shall take effect upon
2005	this act becoming a law, this act shall take effect July 1,
2006	2011.

CODING: Words stricken are deletions; words underlined are additions.