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An act relating to public K-12 educational

instruction; amending s. 1003.429, F.S.;

revising course requirements in the college

preparatory accelerated high school graduation

program; revising course requirements in the

career preparatory accelerated high school

graduation program; providing students already

participating in an accelerated graduation

program the right to continue in the current

program; establishing requirements for

selection of accelerated graduation options;

requiring districts to establish a policy for

extending the deadline for certain students to

choose an accelerated graduation option;

authorizing use of alternate assessments;

revising requirements for grades that must be

earned to participate in the accelerated

graduation program; requiring schools to

provide specific notices to students and

parents if, at the end of the grade 10, the

student is not on track to graduate; specifying

certain situations in which a student shall be

moved from a 3-year to a 4-year graduation

program; amending s. 1003.43, F.S., relating to

general requirements for high school

graduation; authorizing use of alternate

assessments; amending s. 1008.22, F.S.;

authorizing the SAT and the ACT as alternative

assessments to the grade 10 FCAT required for

high school graduation if students have

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attempted to pass the grade 10 FCAT at least 3

times; deleting obsolete language; amending s.

1013.735, F.S.; modifying the formula for the

allocation of funds from the Classrooms for

Kids appropriation; amending s. 1002.20, F.S.;

providing certain rights to parents of students

with reading deficiencies; requiring that

parents receive understandable information and

are consulted regarding a child's academic

progress; amending s. 1008.25, F.S.; removing

an obsolete date; providing notification of

additional information to parents of students

who exhibit a substantial reading deficiency;

revising certain good cause exemptions from

mandatory retention; requiring school districts

to provide certain reading interventions to

students who have been retained; providing

school district requirements relating to

remediation of student reading deficiencies,

parental notification, implementation of a

mid-year promotion policy, provision of

instructional options for students,

establishment of a Reading Enhancement and

Acceleration Development (READ) Initiative and

an Intensive Acceleration Class, and reporting;

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 1003.429, Florida Statutes, is

amended to read:

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1003.429 Accelerated high school graduation options.--

(1) Students who enter grade 9 in the 2004-2005 school

year Beginning with the 2003-2004 school year, all students

scheduled to graduate in 2004 and thereafter may select one of

the following three high school graduation options:

(a) Completion of the general requirements for high

school graduation pursuant to s. 1003.43;

(b) Completion of a 3-year standard college

preparatory program requiring successful completion of a

minimum of 18 academic credits in grades 9 through 12. At

least 6 of the 18 credits required for completion of this

program must be received in classes that are honors, dual

enrollment, advanced placement, International Baccalaureate,

Advanced International Certificate of Education, specifically

listed or identified by the Department of Education as

rigorous pursuant to s. 1009.531(3), or weighted by the

district school board for class ranking purposes. The 18

credits required for completion of this program shall be

primary requirements and shall be distributed as follows:

1. Four credits in English, with major concentration

in composition and literature;

2. Three credits in mathematics at the Algebra I level

or higher from the list of courses that qualify for state

university admission;

3. Three credits in natural science, two of which must

have a laboratory component;

4. Three credits in social sciences, which must

include one credit in American history, one credit in world

history, one-half credit in American government, and one-half

credit in economics;

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5. Two credits in the same second language unless the

student is a native speaker of or can otherwise demonstrate

competency in a language other than English. If the student

demonstrates competency in another language, the student may

replace the language requirement with two credits in other

academic courses; and

6. Three credits in electives; or

requiring successful completion of a minimum of 18 academic

credits in grades 9 through 12. The 18 credits shall be

primary requirements and shall be distributed as follows:

1. Four credits in English, with major concentration

in composition and literature;

2. Three credits in mathematics, one of which must be

Algebra I;

3. Three credits in natural science, two of which must

have a laboratory component;

4. Three credits in social sciences, which must

include one credit in American history, one credit in world

history, one-half credit in American government, and one-half

credit in economics;

5. Three Two credits in a single vocational or career

education program, three credits in career and technical

certificate dual enrollment courses, or five credits in

vocational or career education courses the same second

language unless the student is a native speaker of or can

otherwise demonstrate competency in a language other than

English. If the student demonstrates competency in another

language, the student may replace the language requirement

with two credits in other academic courses; and

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6. Two Three credits in electives unless five credits

are earned pursuant to subparagraph 5.

Any student who selected an accelerated graduation program

before July 1, 2004, may continue that program, and all

statutory program requirements that were applicable when the

student made the program choice shall remain applicable to the

student as long as the student continues that program.

(2) Prior to selecting a program described in

paragraph (1)(b) or paragraph (1)(c), the following

requirements must be met:

(a) Designated school personnel shall meet with the

student and student's parent to give an explanation of the

relative requirements, advantages, and disadvantages of each

graduation option.

(b) The student shall submit to the high school

principal and guidance counselor a signed parental consent to

enter the 3-year accelerated graduation program.

reading achievement level of 3, an FCAT mathematics

achievement level of 3, and an FCAT Writing score of 3 on the

most recent assessments taken by the student.

(3)(2) Beginning with the 2004-2005 2003-2004 school

year, each district school board shall provide each student in

grades 6 through 9 12 and their parents with information

concerning the 3-year and 4-year high school graduation

options listed in subsection (1), including the respective

curriculum requirements for those options, so that with

curriculum for the students and their parents may to select

the postsecondary education or career plan that best fits

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their needs. The information options shall include a timeframe

for achieving each graduation option.

(4)(3) Selection of one of the graduation options

listed in subsection (1) must be completed by the student

prior to the end of grade 9 and is exclusively up to the

student and parent, subject to the requirements in subsection

(2). Each district school board shall establish policies for

extending this deadline to the end of a student's first

semester of grade 10 for a student who entered a Florida

public school after grade 9 upon transfer from a private

school or another state or who was prevented from choosing a

graduation option due to illness during grade 9. If the

student and parent fail to select a graduation option, the

student shall be considered to have selected the general

requirements for high school graduation pursuant to paragraph

(1)(a).

(5)(4) District school boards shall not establish

requirements for accelerated 3-year high school graduation

options in excess of the requirements in paragraphs (1)(b) and

(c).

(6)(5) Students pursuing accelerated 3-year high

school graduation options pursuant to paragraph (1)(b) or

paragraph (1)(c) are required to:

(a) Earn passing scores on the FCAT as defined in s.

1008.22(3)(c) or scores on a standardized test that are

concordant with passing scores on the FCAT as defined in s.

1008.22(9).

(b)1. Achieve a cumulative weighted grade point

average of 3.0 2.0 on a 4.0 scale, or its equivalent, in the

courses required for the college preparatory by the chosen

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accelerated 3-year high school graduation option pursuant to

paragraph (1)(b); or

2. Achieve a cumulative weighted grade point average

of 3.0 on a 4.0 scale, or its equivalent, in the courses

required for the career preparatory accelerated 3-year high

school graduation option pursuant to paragraph (1)(c).

at least 3.0 points, or its equivalent, to earn course credit

toward the 18 credits required for the college preparatory

accelerated 3-year high school graduation option pursuant to

paragraph (1)(b).

(d) Receive a weighted or unweighted grade that earns

at least 2.0 points, or its equivalent, to earn course credit

toward the 18 credits required for the career preparatory

accelerated 3-year high school graduation option pursuant to

paragraph (1)(c).

Weighted grades referred to in paragraphs (b), (c), and (d)

shall be applied to those courses specifically listed or

identified by the department as rigorous pursuant to s.

1009.531(3) or weighted by the district school board for class

ranking purposes.

(7) If, at the end of grade 10, a student is not on

track to meet the credit, assessment, or grade-point-average

requirements of the accelerated graduation option selected,

the school shall notify the student and parent of the

following:

(a) The requirements that the student is not currently

meeting.

(b) The specific performance necessary in grade 11 for

the student to meet the accelerated graduation requirements.

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program set forth in s. 1003.43.

(8) A student who selected one of the accelerated

3-year graduation options shall automatically move to the

4-year program set forth in s. 1003.43 if the student:

(a) Exercises his or her right to change to the 4-year

program;

(b) Fails to earn 5 credits by the end of grade 9 or

fails to earn 11 credits by the end of grade 10;

grade 10 FCAT Writing assessment; or

(d) By the end of grade 11 does not meet the

requirements of subsections (1) and (6).

(9)(6) A student who meets all requirements prescribed

in subsections (1) and(6)(5) shall be awarded a standard

diploma in a form prescribed by the State Board of Education.

Section 2. Paragraph (a) of subsection (5) of section

1003.43, Florida Statutes, is amended to read:

1003.43 General requirements for high school

graduation.--

(5) Each district school board shall establish

standards for graduation from its schools, and these standards

must include:

(a) Earning passing scores on the FCAT, as defined in

s. 1008.22(3)(c) or scores on a standardized test that are

concordant with passing scores on the FCAT as defined in s.

1008.22(9).

The standards required in this subsection, and any subsequent

modifications, shall be reprinted in the Florida

Administrative Code even though not defined as "rules."

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Section 3. Subsection (9) of section 1008.22, Florida

Statutes, is amended to read:

1008.22 Student assessment program for public

schools.--

(9) EQUIVALENCIES FOR STANDARDIZED TESTS.--

(a) The Commissioner of Education shall determine the

comparable validity of other available standardized tests,

including the SAT, ACT, College Placement Test, PSAT, PLAN,

and tests used for entry into the military. If such tests are

deemed to be valid and reliable measures, the commissioner

shall approve the use of the SAT and ACT such tests as

alternative alternate assessments to the grade 10 FCAT for the

2003-2004 2002-2003 school year. Students who attain scores on

the SAT or ACT which that equate to the passing scores on the

grade 10 FCAT for purposes of high school graduation on any of

the approved alternative assessments shall satisfy the

assessment requirement for a standard high school diploma as

provided in s. 1003.429(6)(a) or s. 1003.43(5)(a) for the

2003-2004 2002-2003 school year graduating class if the

students meet the requirement in paragraph (b). Prior to the

application of these alternative assessments in subsequent

school years, the Legislature shall review the continued use

of these alternative tests.

(b) A student shall be required to take the grade 10

FCAT a total of three times without earning a passing score in

order to use the scores on an alternative assessment pursuant

to paragraph (a). This requirement shall not apply to a

student who is a new student to the public school system in

grade 12.

Section 4. Subsection (1) of section 1013.735, Florida

Statutes, is amended to read:

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1013.735 Classrooms for Kids Program.--

(1) ALLOCATION.--The department shall allocate funds

appropriated for the Classrooms for Kids Program. It is the

intent of the Legislature that this program be administered as

nearly as practicable in the same manner as the capital outlay

program authorized under s. 9(a), Art. XII of the State

Constitution. Each district school board's share of the annual

appropriation for the Classrooms for Kids Program must be

calculated according to the following formula:

(a) Twenty-five percent of the appropriation shall be

prorated to the districts based on each district's percentage

of K-12 base capital outlay full-time equivalent membership,

and 65 percent shall be based on each district's percentage of

K-12 growth capital outlay full-time equivalent membership as

specified for the allocation of funds from the Public

Education Capital Outlay and Debt Service Trust Fund by s.

1013.64(3).

(b) Ten percent of the appropriation must be allocated

among district school boards according to the allocation

formula in s. 1013.64(1)(a), excluding adult vocational

technical facilities.

Section 5. Subsections (11) through (22) of section

1002.20, Florida Statutes, are renumbered as subsections (12)

through (23), respectively, and a new subsection (11) is added

to said section to read:

1002.20 K-12 student and parent rights.--Parents of

public school students must receive accurate and timely

information regarding their child's academic progress and must

be informed of ways they can help their child to succeed in

school. K-12 students and their parents are afforded numerous

statutory rights including, but not limited to, the following:

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(11) STUDENTS WITH READING DEFICIENCIES.--Each

elementary school shall regularly assess the reading ability

of each K-3 student. The parent of any K-3 student who

exhibits a reading deficiency shall be immediately notified of

the student's deficiency with a description and explanation,

in terms understandable to the parent, of the exact nature of

the student's difficulty in learning and lack of achievement

in reading; shall be consulted in the development of a

detailed academic improvement plan, as described in s.

1008.25(4)(b); and shall be informed that the student will be

given intensive reading instruction until the deficiency is

corrected. This subsection operates in addition to the

remediation and notification provisions contained in s.

1008.25 and in no way reduces the rights of a parent or the

responsibilities of a school district under that section.

Section 6. Subsection (5) and paragraph (b) of

subsection (6) of section 1008.25, Florida Statutes, are

amended, subsections (7), (8), and (9) are renumbered as

subsections (8), (9), and (10), respectively, and a new

subsection (7) is added to said section, to read:

1008.25 Public school student progression; remedial

instruction; reporting requirements.--

(5) READING DEFICIENCY AND PARENTAL NOTIFICATION.--

(a) It is the ultimate goal of the Legislature that

every student read at or above grade level. Any student who

exhibits a substantial deficiency in reading, based upon

locally determined or statewide assessments conducted in

kindergarten or grade 1, grade 2, or grade 3, or through

teacher observations, must be given intensive reading

instruction immediately following the identification of the

reading deficiency. The student's reading proficiency must be

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reassessed by locally determined assessments or through

teacher observations at the beginning of the grade following

the intensive reading instruction. The student must continue

to be provided with intensive reading instruction until the

reading deficiency is remedied.

(b) Beginning with the 2002-2003 school year, if the

student's reading deficiency, as identified in paragraph (a),

is not remedied by the end of grade 3, as demonstrated by

scoring at Level 2 or higher on the statewide assessment test

in reading for grade 3, the student must be retained.

parent of any student who exhibits a substantial deficiency in

reading, as described in paragraph (a), must be notified in

writing of the following:

1. That his or her child has been identified as having

a substantial deficiency in reading.

2. A description of the current services that are

provided to the child.

3. A description of the proposed supplemental

instructional services and supports that will be provided to

the child that are designed to remediate the identified area

of reading deficiency.

4. That if the child's reading deficiency is not

remediated by the end of grade 3, the child must be retained

unless he or she is exempt from mandatory retention for good

cause.

5. Strategies for parents to use in helping their

child succeed in reading proficiency.

6. That the Florida Comprehensive Assessment Test

(FCAT) is not the sole determiner of promotion and that

additional evaluations, portfolio reviews, and assessments are

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available to the child to assist parents and the school

district in knowing when a child is reading at or above grade

level and ready for grade promotion.

7. The district's specific criteria and policies for

mid-year promotion. Mid-year promotion means promotion of a

retained student at any time during the year of retention once

the student has demonstrated ability to read at grade level.

(6) ELIMINATION OF SOCIAL PROMOTION.--

(b) The district school board may only exempt students

from mandatory retention, as provided in paragraph (5)(b), for

good cause. Good cause exemptions shall be limited to the

following:

1. Limited English proficient students who have had

less than 2 years of instruction in an English for Speakers of

Other Languages program.

2. Students with disabilities whose individual

education plan indicates that participation in the statewide

assessment program is not appropriate, consistent with the

requirements of State Board of Education rule.

3. Students who demonstrate an acceptable level of

performance on an alternative standardized reading assessment

approved by the State Board of Education.

4. Students who demonstrate, through a student

portfolio, that the student is reading on grade level as

evidenced by demonstration of mastery of the Sunshine State

Standards in reading equal to at least a Level 2 performance

on the FCAT.

5. Students with disabilities who participate in the

FCAT and who have an individual education plan or a Section

504 plan that reflects that the student has received the

intensive remediation in reading, as required by paragraph

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(4)(b), for more than 2 years but still demonstrates a

deficiency in reading and was previously retained in

kindergarten, grade 1, or grade 2, or grade 3.

6. Students who have received the intensive

remediation in reading as required by paragraph (4)(b) for 2

or more years but still demonstrate a deficiency in reading

and who were previously retained in kindergarten, grade 1, or

grade 2, or grade 3 for a total of 2 years. Intensive reading

instruction for students so promoted must include an altered

instructional day based upon an academic improvement plan that

includes specialized diagnostic information and specific

reading strategies for each student. The district school board

shall assist schools and teachers to implement reading

strategies that research has shown to be successful in

improving reading among low performing readers.

(7) SUCCESSFUL PROGRESSION FOR RETAINED READERS.--

(a) Students retained under the provisions of

paragraph (5)(b) must be provided intensive interventions in

reading to ameliorate the student's specific reading

deficiency, as identified by a valid and reliable diagnostic

assessment. This intensive intervention must include effective

instructional strategies, participation in the school

district's summer reading camp, and appropriate teaching

methodologies necessary to assist those students in becoming

successful readers, able to read at or above grade level, and

ready for promotion to the next grade.

(b) Beginning with the 2004-2005 school year, each

school district shall:

1. Conduct a review of student academic improvement

plans for all students who did not score above Level 1 on the

reading portion of the FCAT and did not meet the criteria for

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one of the good cause exemptions in paragraph (6)(b). The

review shall address additional supports and services, as

described in this subsection, needed to remediate the

identified areas of reading deficiency. The school district

shall require a student portfolio to be completed for each

such student.

2. Provide students who are retained under the

provisions of paragraph (5)(b) with intensive instructional

services and supports to remediate the identified areas of

reading deficiency, including a minimum of 90 minutes of

daily, uninterrupted, scientifically research-based reading

instruction and other strategies prescribed by the school

district, which may include, but are not limited to:

a. Small group instruction.

b. Reduced teacher-student ratios.

c. More frequent progress monitoring.

d. Tutoring or mentoring.

e. Transition classes containing 3rd and 4th grade

students.

f. Extended school day, week, or year.

g. Summer reading camps.

3. Provide written notification to the parent of any

student who is retained under the provisions of paragraph

(5)(b) that his or her child has not met the proficiency level

required for promotion and the reasons the child is not

eligible for a good cause exemption as provided in paragraph

(6)(b). The notification must comply with the provisions of s.

1002.20(14) and must include a description of proposed

interventions and supports that will be provided to the child

to remediate the identified areas of reading deficiency.

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4. Implement a policy for the mid-year promotion of

any student retained under the provisions of paragraph (5)(b)

who can demonstrate that he or she is a successful and

independent reader, reading at or above grade level, and ready

to be promoted to grade 4. Tools that school districts may use

in reevaluating any student retained may include subsequent

assessments, alternative assessments, and portfolio reviews,

in accordance with rules of the State Board of Education.

Students promoted during the school year after November 1 must

demonstrate proficiency above that required to score at Level

2 on the grade 3 FCAT, as determined by the State Board of

Education. The State Board of Education shall adopt standards

that provide a reasonable expectation that the student's

progress is sufficient to master appropriate 4th grade level

reading skills.

5. Provide students who are retained under the

provisions of paragraph (5)(b) with a high-performing teacher

as determined by student performance data and

above-satisfactory performance appraisals.

6. In addition to required reading enhancement and

acceleration strategies, provide parents of students to be

retained with at least one of the following instructional

options:

a. Supplemental tutoring in scientifically

research-based reading services in addition to the regular

reading block, including tutoring before and/or after school.

b. A "Read at Home" plan outlined in a parental

contract, including participation in "Families Building Better

Readers Workshops" and regular parent-guided home reading.

c. A mentor or tutor with specialized reading

training.

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7. Establish a Reading Enhancement and Acceleration

Development (READ) Initiative. The focus of the READ

Initiative shall be to prevent the retention of grade 3

students and to offer intensive accelerated reading

instruction to grade 3 students who failed to meet standards

for promotion to grade 4 and to each K-3 student who is

assessed as exhibiting a reading deficiency. The READ

Initiative shall:

a. Be provided to all K-3 students at risk of

retention as identified by the statewide assessment system

used in Reading First schools. The assessment must measure

phonemic awareness, phonics, fluency, vocabulary, and

comprehension.

b. Be provided during regular school hours in addition

to the regular reading instruction.

c. Provide a state-identified reading curriculum that

has been reviewed by the Florida Center for Reading Research

at Florida State University and meets, at a minimum, the

following specifications:

(I) Assists students assessed as exhibiting a reading

deficiency in developing the ability to read at grade level.

(II) Provides skill development in phonemic awareness,

phonics, fluency, vocabulary, and comprehension.

(III) Provides scientifically based and reliable

assessment.

(IV) Provides initial and ongoing analysis of each

student's reading progress.

(V) Is implemented during regular school hours.

(VI) Provides a curriculum in core academic subjects

to assist the student in maintaining or meeting proficiency

levels for the appropriate grade in all academic subjects.

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8. Establish at each school, where applicable, an

Intensive Acceleration Class for retained grade 3 students who

subsequently score at Level 1 on the reading portion of the

FCAT. The focus of the Intensive Acceleration Class shall be

to increase a child's reading level at least two grade levels

in one school year. The Intensive Acceleration Class shall:

a. Be provided to any student in grade 3 who scores at

Level 1 on the reading portion of the FCAT and who was

retained in grade 3 the prior year because of scoring at Level

1 on the reading portion of the FCAT.

b. Have a reduced teacher-student ratio.

c. Provide uninterrupted reading instruction for the

majority of student contact time each day and incorporate

opportunities to master the grade 4 Sunshine State Standards

in other core subject areas.

d. Use a reading program that is scientifically

research-based and has proven results in accelerating student

reading achievement within the same school year.

e. Provide intensive language and vocabulary

instruction using a scientifically research-based program,

including use of a speech language therapist.

f. Include weekly progress monitoring measures to

ensure progress is being made.

g. Report to the Department of Education, in the

manner described by the department, the progress of students

in the class at the end of the first semester.

9. Report to the State Board of Education, as

requested, on the specific intensive reading interventions and

supports implemented at the school district level. The

Commissioner of Education shall annually prescribe the

required components of requested reports.

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10. Provide a student who has been retained in grade 3

and has received intensive instructional services but is still

not ready for grade promotion, as determined by the school

district, the option of being placed in a transitional

instructional setting. Such setting shall specifically be

designed to produce learning gains sufficient to meet grade 4

performance standards while continuing to remediate the areas

of reading deficiency.

Section 7. This act shall take effect upon becoming a

law.

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