Senate Bill sb0452

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    Florida Senate - 2006                                   SB 452

    By Senator Wilson





    33-15-06

  1                      A bill to be entitled

  2         An act relating to the school grading system;

  3         amending s. 1008.34, F.S.; removing letter

  4         grades from the performance grade categories by

  5         which schools must be identified in the

  6         Commissioner of Education's annual report of

  7         the results of the statewide assessment

  8         program; amending ss. 1001.42, 1002.38,

  9         1003.62, 1008.33, 1008.345, and 1011.62, F.S.;

10         correcting references to the letter grades, to

11         conform; providing an effective date.

12  

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

14  

15         Section 1.  Subsections (2) and (3) of section 1008.34,

16  Florida Statutes, are amended to read:

17         1008.34  School grading system; district performance

18  grade.--

19         (2)  SCHOOL PERFORMANCE GRADE CATEGORIES.--The annual

20  report shall identify schools as being in one of the following

21  performance grade categories defined according to rules of the

22  State Board of Education:

23         (a)  "A," Schools making excellent progress.

24         (b)  "B," Schools making above average progress.

25         (c)  "C," Schools making satisfactory progress.

26         (d)  "D," Schools making less than satisfactory

27  progress.

28         (e)  "F," Schools failing to make adequate progress.

29  

30  Each school designated in performance grade category "A,"

31  making excellent progress, or having improved at least two

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 1  performance grade categories, shall have greater authority

 2  over the allocation of the school's total budget generated

 3  from the FEFP, state categoricals, lottery funds, grants, and

 4  local funds, as specified in state board rule. The rule must

 5  provide that the increased budget authority shall remain in

 6  effect until the school's performance grade declines.

 7         (3)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

 8  CATEGORIES.--School performance grade category designations

 9  itemized in subsection (2) shall be based on the following:

10         (a)  Timeframes.--

11         1.  School performance grade category designations

12  shall be based on the school's current year performance and

13  the school's annual learning gains.

14         2.  A school's performance grade category designation

15  shall be based on a combination of student achievement scores,

16  student learning gains as measured by annual FCAT assessments

17  in grades 3 through 10, and improvement of the lowest 25th

18  percentile of students in the school in reading, math, or

19  writing on the FCAT, unless these students are performing

20  above satisfactory performance.

21         (b)  Student assessment data.--Student assessment data

22  used in determining school performance grade categories shall

23  include:

24         1.  The aggregate scores of all eligible students

25  enrolled in the school who have been assessed on the FCAT.

26         2.  The aggregate scores of all eligible students

27  enrolled in the school who have been assessed on the FCAT,

28  including Florida Writes, and who have scored at or in the

29  lowest 25th percentile of students in the school in reading,

30  math, or writing, unless these students are performing above

31  satisfactory performance.

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 1  

 2  The Department of Education shall study the effects of

 3  mobility on the performance of highly mobile students and

 4  recommend programs to improve the performance of such

 5  students. The State Board of Education shall adopt appropriate

 6  criteria for each school performance grade category. The

 7  criteria must also give added weight to student achievement in

 8  reading. Schools designated as performance grade category "C,"

 9  making satisfactory progress, shall be required to demonstrate

10  that adequate progress has been made by students in the school

11  who are in the lowest 25th percentile in reading, math, or

12  writing on the FCAT, including Florida Writes, unless these

13  students are performing above satisfactory performance.

14         Section 2.  Paragraphs (c) and (d) of subsection (16),

15  paragraph (d) of subsection (17), and subsection (18) of

16  section 1001.42, Florida Statutes, are amended to read:

17         1001.42  Powers and duties of district school

18  board.--The district school board, acting as a board, shall

19  exercise all powers and perform all duties listed below:

20         (16)  IMPLEMENT SCHOOL IMPROVEMENT AND

21  ACCOUNTABILITY.--Maintain a system of school improvement and

22  education accountability as provided by statute and State

23  Board of Education rule. This system of school improvement and

24  education accountability shall be consistent with, and

25  implemented through, the district's continuing system of

26  planning and budgeting required by this section and ss.

27  1008.385, 1010.01, and 1011.01. This system of school

28  improvement and education accountability shall include, but is

29  not limited to, the following:

30         (c)  Assistance and intervention.--

31  

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 1         1.  Develop a 2-year plan of increasing individualized

 2  assistance and intervention for each school in danger of not

 3  meeting state standards or making adequate progress, as

 4  defined pursuant to statute and State Board of Education rule,

 5  toward meeting the goals and standards of its approved school

 6  improvement plan.

 7         2.  Provide assistance and intervention to a school

 8  that is identified as making less than satisfactory progress

 9  being in performance grade category "D" pursuant to s. 1008.34

10  and is in danger of failing.

11         3.  Develop a plan to encourage teachers with

12  demonstrated mastery in improving student performance to

13  remain at or transfer to a school designated as making less

14  than satisfactory progress or failing to make adequate

15  progress performance grade category "D" or "F" or to an

16  alternative school that serves disruptive or violent youths.

17  If a classroom teacher, as defined by s. 1012.01(2)(a), who

18  meets the definition of teaching mastery developed according

19  to the provisions of this paragraph, requests assignment to a

20  school designated as making less than satisfactory progress or

21  failing to make adequate progress performance grade category

22  "D" or "F" or to an alternative school that serves disruptive

23  or violent youths, the district school board shall make every

24  practical effort to grant the request.

25         4.  Prioritize, to the extent possible, the

26  expenditures of funds received from the supplemental academic

27  instruction categorical fund under s. 1011.62(1)(f) to improve

28  student performance in schools designated as making less than

29  satisfactory progress or failing to make adequate progress.

30  that receive a performance grade category designation of "D"

31  or "F."

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 1         (d)  After 2 years.--Notify the Commissioner of

 2  Education and the State Board of Education in the event any

 3  school does not make adequate progress toward meeting the

 4  goals and standards of a school improvement plan by the end of

 5  2 years of failing to make adequate progress and proceed

 6  according to guidelines developed pursuant to statute and

 7  State Board of Education rule. School districts shall provide

 8  intervention and assistance to schools in danger of being

 9  designated as performance grade category "F," failing to make

10  adequate progress.

11         (17)  LOCAL-LEVEL DECISIONMAKING.--

12         (d)  Adopt policies that assist in giving greater

13  autonomy, including authority over the allocation of the

14  school's budget, to schools designated as performance grade

15  category "A," making excellent progress, and schools rated as

16  having improved at least two performance grade categories.

17         (18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies

18  allowing students attending schools that have been designated

19  as performance grade category "F," failing to make adequate

20  progress, for 2 school years in a 4-year period to attend a

21  higher performing school in the district or an adjoining

22  district or be granted a state opportunity scholarship to a

23  private school, in conformance with s. 1002.38 and State Board

24  of Education rule.

25         Section 3.  Subsection (2) and paragraphs (a) and (b)

26  of subsection (3) of section 1002.38, Florida Statutes, are

27  amended to read:

28         1002.38  Opportunity Scholarship Program.--

29         (2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public

30  school student's parent may request and receive from the state

31  an opportunity scholarship for the student to enroll in and

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 1  attend a private school in accordance with the provisions of

 2  this section if:

 3         (a)1.  By assigned school attendance area or by special

 4  assignment, the student has spent the prior school year in

 5  attendance at a public school that has been designated

 6  pursuant to s. 1008.34 as performance grade category "F,"

 7  failing to make adequate progress, and that has had 2 school

 8  years in a 4-year period of such low performance, and the

 9  student's attendance occurred during a school year in which

10  such designation was in effect;

11         2.  The student has been in attendance elsewhere in the

12  public school system and has been assigned to such school for

13  the next school year; or

14         3.  The student is entering kindergarten or first grade

15  and has been notified that the student has been assigned to

16  such school for the next school year.

17         (b)  The parent has obtained acceptance for admission

18  of the student to a private school eligible for the program

19  pursuant to subsection (4), and has notified the Department of

20  Education and the school district of the request for an

21  opportunity scholarship no later than July 1 of the first year

22  in which the student intends to use the scholarship.

23  

24  This section does The provisions of this section shall not

25  apply to a student who is enrolled in a school operating for

26  the purpose of providing educational services to youth in

27  Department of Juvenile Justice commitment programs. For

28  purposes of continuity of educational choice, the opportunity

29  scholarship shall remain in force until the student returns to

30  a public school or, if the student chooses to attend a private

31  school the highest grade of which is grade 8, until the

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 1  student matriculates to high school and the public high school

 2  to which the student is assigned is an accredited school with

 3  a performance grade category designation as making

 4  satisfactory progress of "C" or better. However, at any time

 5  upon reasonable notice to the Department of Education and the

 6  school district, the student's parent may remove the student

 7  from the private school and place the student in a public

 8  school, as provided in subparagraph (3)(a)2.

 9         (3)  SCHOOL DISTRICT OBLIGATIONS.--

10         (a)  A school district shall, for each student enrolled

11  in or assigned to a school that has been designated as failing

12  to make adequate progress performance grade category "F" for 2

13  school years in a 4-year period:

14         1.  Timely notify the parent of the student as soon as

15  such designation is made of all options available pursuant to

16  this section.

17         2.  Offer that student's parent an opportunity to

18  enroll the student in the public school within the district

19  that has been designated by the state pursuant to s. 1008.34

20  as a school performing higher than that in which the student

21  is currently enrolled or to which the student has been

22  assigned, but not less than the performance grade category of

23  "schools making adequate progress." "C." The parent is not

24  required to accept this offer in lieu of requesting a state

25  opportunity scholarship to a private school. The opportunity

26  to continue attending the higher performing public school

27  shall remain in force until the student graduates from high

28  school.

29         (b)  The parent of a student enrolled in or assigned to

30  a school that has been designated as failing to make adequate

31  progress performance grade category "F" for 2 school years in

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 1  a 4-year period may choose as an alternative to enroll the

 2  student in and transport the student to a higher-performing

 3  public school that has available space in an adjacent school

 4  district, and that school district shall accept the student

 5  and report the student for purposes of the district's funding

 6  pursuant to the Florida Education Finance Program.

 7         Section 4.  Paragraph (a) of subsection (1) of section

 8  1003.62, Florida Statutes, is amended to read:

 9         1003.62  Academic performance-based charter school

10  districts.--The State Board of Education may enter into a

11  performance contract with district school boards as authorized

12  in this section for the purpose of establishing them as

13  academic performance-based charter school districts. The

14  purpose of this section is to examine a new relationship

15  between the State Board of Education and district school

16  boards that will produce significant improvements in student

17  achievement, while complying with constitutional and statutory

18  requirements assigned to each entity.

19         (1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL

20  DISTRICT.--

21         (a)  A school district shall be eligible for

22  designation as an academic performance-based charter school

23  district if it is a high-performing school district in which a

24  minimum of 50 percent of the schools are designated as making

25  excellent progress or making above average progress earn a

26  performance grade category "A" or "B" and in which no school

27  is designated as making less than satisfactory progress or

28  failing to make adequate progress earns a performance grade

29  category "D" or "F" for 2 consecutive years pursuant to s.

30  1008.34. Schools that receive a performance grade category "I"

31  or "N" shall not be included in this calculation. The

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 1  performance contract for a school district that earns a

 2  charter based on school performance grades shall be predicated

 3  on maintenance of at least 50 percent of the schools in the

 4  school district being designated as making excellent progress

 5  or making above average progress earning a performance grade

 6  category "A" or "B" with no school in the school district

 7  being designated as making less than satisfactory progress or

 8  failing to make adequate progress earning a performance grade

 9  category "D" or "F" for 2 consecutive years. A school district

10  in which the percentage number of schools designated as making

11  excellent progress or making above average progress that earn

12  a performance grade of "A" or "B" is less than 50 percent may

13  have its charter renewed for 1 year; however, if the

14  percentage of "A" or "B" schools designated as making

15  excellent progress or making above average progress is less

16  than 50 percent for 2 consecutive years, the charter may shall

17  not be renewed.

18         Section 5.  Subsections (1) and (2) of section 1008.33,

19  Florida Statutes, are amended to read:

20         1008.33  Authority to enforce public school

21  improvement.--It is the intent of the Legislature that all

22  public schools be held accountable for students performing at

23  acceptable levels.  A system of school improvement and

24  accountability that assesses student performance by school,

25  identifies schools in which students are not making adequate

26  progress toward state standards, institutes appropriate

27  measures for enforcing improvement, and provides rewards and

28  sanctions based on performance shall be the responsibility of

29  the State Board of Education.

30         (1)  Pursuant to Art. IX of the State Constitution

31  prescribing the duty of the State Board of Education to

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 1  supervise Florida's public school system and notwithstanding

 2  any other statutory provisions to the contrary, the State

 3  Board of Education shall intervene in the operation of a

 4  district school system when one or more schools in the school

 5  district have failed to make adequate progress for 2 school

 6  years in a 4-year period. For purposes of determining when a

 7  school is eligible for state board action and opportunity

 8  scholarships for its students, the terms "2 years in any

 9  4-year period" and "2 years in a 4-year period" mean that in

10  any year that a school is designated as failing to make

11  adequate progress, has a grade of "F," the school is eligible

12  for state board action and opportunity scholarships for its

13  students if it also has been designated as failing to make

14  adequate progress had a grade of "F" in any of the previous 3

15  school years. The State Board of Education may determine that

16  the school district or school has not taken steps sufficient

17  for students in the school to be academically well served.

18  Considering recommendations of the Commissioner of Education,

19  the State Board of Education shall recommend action to a

20  district school board intended to improve educational services

21  to students in each school that is designated as failing to

22  make adequate progress. performance grade category "F."

23  Recommendations for actions to be taken in the school district

24  shall be made only after thorough consideration of the unique

25  characteristics of a school, which shall include student

26  mobility rates, the number and type of exceptional students

27  enrolled in the school, and the availability of options for

28  improved educational services. The state board shall adopt by

29  rule steps to follow in this process.  Such steps shall

30  provide school districts sufficient time to improve student

31  performance in schools and the opportunity to present evidence

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 1  of assistance and interventions that the district school board

 2  has implemented.

 3         (2)  The State Board of Education may recommend one or

 4  more of the following actions to district school boards to

 5  enable students in schools designated as failing to make

 6  adequate progress performance grade category "F" to be

 7  academically well served by the public school system:

 8         (a)  Provide additional resources, change certain

 9  practices, and provide additional assistance if the state

10  board determines the causes of inadequate progress to be

11  related to school district policy or practice;

12         (b)  Implement a plan that satisfactorily resolves the

13  education equity problems in the school;

14         (c)  Contract for the educational services of the

15  school, or reorganize the school at the end of the school year

16  under a new school principal who is authorized to hire new

17  staff and implement a plan that addresses the causes of

18  inadequate progress;

19         (d)  Allow parents of students in the school to send

20  their children to another district school of their choice; or

21         (e)  Other action appropriate to improve the school's

22  performance.

23         Section 6.  Paragraphs (b) and (d) of subsection (6)

24  and paragraph (a) of subsection (7) of section 1008.345,

25  Florida Statutes, are amended to read:

26         1008.345  Implementation of state system of school

27  improvement and education accountability.--

28         (6)

29         (b)  Upon request, the department shall provide

30  technical assistance and training to any school, including any

31  school operating for the purpose of providing educational

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 1  services to youth in Department of Juvenile Justice programs,

 2  school advisory council, district, or district school board

 3  for conducting needs assessments, developing and implementing

 4  school improvement plans, developing and implementing

 5  assistance and intervention plans, or implementing other

 6  components of school improvement and accountability. Priority

 7  for these services shall be given to schools designated as

 8  making less than satisfactory progress or failing to make

 9  adequate progress performance grade category "D" or "F" and

10  school districts in rural and sparsely populated areas of the

11  state.

12         (d)  The department shall assign a community assessment

13  team to each school district with a school designated as

14  making less than satisfactory progress or failing to make

15  adequate progress performance grade category "D" or "F" to

16  review the school performance data and determine causes for

17  the low performance. The team shall make recommendations to

18  the school board, to the department, and to the State Board of

19  Education for implementing an assistance and intervention plan

20  that will address the causes of the school's low performance.

21  The assessment team shall include, but not be limited to, a

22  department representative, parents, business representatives,

23  educators, and community activists, and shall represent the

24  demographics of the community from which they are appointed.

25         (7)(a)  Schools designated as in performance grade

26  category "A," making excellent progress, shall, if requested

27  by the school, be given deregulated status as specified in s.

28  1003.63(5), (7), (8), (9), and (10).

29         Section 7.  Paragraphs (l), (m), and (n) of subsection

30  (1) of section 1011.62, Florida Statutes, are amended to read:

31  

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 1         1011.62  Funds for operation of schools.--If the annual

 2  allocation from the Florida Education Finance Program to each

 3  district for operation of schools is not determined in the

 4  annual appropriations act or the substantive bill implementing

 5  the annual appropriations act, it shall be determined as

 6  follows:

 7         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

 8  OPERATION.--The following procedure shall be followed in

 9  determining the annual allocation to each district for

10  operation:

11         (l)  Calculation of additional full-time equivalent

12  membership based on international baccalaureate examination

13  scores of students.--A value of 0.24 full-time equivalent

14  student membership shall be calculated for each student

15  enrolled in an international baccalaureate course who receives

16  a score of 4 or higher on a subject examination. A value of

17  0.3 full-time equivalent student membership shall be

18  calculated for each student who receives an international

19  baccalaureate diploma. Such value shall be added to the total

20  full-time equivalent student membership in basic programs for

21  grades 9 through 12 in the subsequent fiscal year. The school

22  district shall distribute to each classroom teacher who

23  provided international baccalaureate instruction:

24         1.  A bonus in the amount of $50 for each student

25  taught by the International Baccalaureate teacher in each

26  international baccalaureate course who receives a score of 4

27  or higher on the international baccalaureate examination.

28         2.  An additional bonus of $500 to each International

29  Baccalaureate teacher in a school designated as making less

30  than satisfactory progress or failing to make adequate

31  progress performance grade category "D" or "F" who has at

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 1  least one student scoring 4 or higher on the international

 2  baccalaureate examination, regardless of the number of classes

 3  taught or of the number of students scoring a 4 or higher on

 4  the international baccalaureate examination.

 5  

 6  Bonuses awarded to a teacher according to this paragraph shall

 7  not exceed $2,000 in any given school year and shall be in

 8  addition to any regular wage or other bonus the teacher

 9  received or is scheduled to receive.

10         (m)  Calculation of additional full-time equivalent

11  membership based on Advanced International Certificate of

12  Education examination scores of students.--A value of 0.24

13  full-time equivalent student membership shall be calculated

14  for each student enrolled in a full-credit Advanced

15  International Certificate of Education course who receives a

16  score of E or higher on a subject examination. A value of 0.12

17  full-time equivalent student membership shall be calculated

18  for each student enrolled in a half-credit Advanced

19  International Certificate of Education course who receives a

20  score of E or higher on a subject examination. A value of 0.3

21  full-time equivalent student membership shall be calculated

22  for each student who receives an Advanced International

23  Certificate of Education diploma. Such value shall be added to

24  the total full-time equivalent student membership in basic

25  programs for grades 9 through 12 in the subsequent fiscal

26  year. The school district shall distribute to each classroom

27  teacher who provided Advanced International Certificate of

28  Education instruction:

29         1.  A bonus in the amount of $50 for each student

30  taught by the Advanced International Certificate of Education

31  teacher in each full-credit Advanced International Certificate

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 1  of Education course who receives a score of E or higher on the

 2  Advanced International Certificate of Education examination. A

 3  bonus in the amount of $25 for each student taught by the

 4  Advanced International Certificate of Education teacher in

 5  each half-credit Advanced International Certificate of

 6  Education course who receives a score of E or higher on the

 7  Advanced International Certificate of Education examination.

 8         2.  An additional bonus of $500 to each Advanced

 9  International Certificate of Education teacher in a school

10  designated as making less than satisfactory progress or

11  failing to make adequate progress performance grade category

12  "D" or "F" who has at least one student scoring E or higher on

13  the full-credit Advanced International Certificate of

14  Education examination, regardless of the number of classes

15  taught or of the number of students scoring an E or higher on

16  the full-credit Advanced International Certificate of

17  Education examination.

18         3.  Additional bonuses of $250 each to teachers of

19  half-credit Advanced International Certificate of Education

20  classes in a school designated as making less than

21  satisfactory progress or failing to make adequate progress

22  performance grade category "D" or "F" which has at least one

23  student scoring an E or higher on the half-credit Advanced

24  International Certificate of Education examination in that

25  class. The maximum additional bonus for a teacher awarded in

26  accordance with this subparagraph shall not exceed $500 in any

27  given school year. Teachers receiving an award under

28  subparagraph 2. are not eligible for a bonus under this

29  subparagraph.

30  

31  

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 1  Bonuses awarded to a teacher according to this paragraph shall

 2  not exceed $2,000 in any given school year and shall be in

 3  addition to any regular wage or other bonus the teacher

 4  received or is scheduled to receive.

 5         (n)  Calculation of additional full-time equivalent

 6  membership based on college board advanced placement scores of

 7  students.--A value of 0.24 full-time equivalent student

 8  membership shall be calculated for each student in each

 9  advanced placement course who receives a score of 3 or higher

10  on the College Board Advanced Placement Examination for the

11  prior year and added to the total full-time equivalent student

12  membership in basic programs for grades 9 through 12 in the

13  subsequent fiscal year. Each district must allocate at least

14  80 percent of the funds provided to the district for advanced

15  placement instruction, in accordance with this paragraph, to

16  the high school that generates the funds. The school district

17  shall distribute to each classroom teacher who provided

18  advanced placement instruction:

19         1.  A bonus in the amount of $50 for each student

20  taught by the Advanced Placement teacher in each advanced

21  placement course who receives a score of 3 or higher on the

22  College Board Advanced Placement Examination.

23         2.  An additional bonus of $500 to each Advanced

24  Placement teacher in a school designated as making less than

25  satisfactory progress or failing to make adequate progress

26  performance grade category "D" or "F" who has at least one

27  student scoring 3 or higher on the College Board Advanced

28  Placement Examination, regardless of the number of classes

29  taught or of the number of students scoring a 3 or higher on

30  the College Board Advanced Placement Examination.

31  

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 1  Bonuses awarded to a teacher according to this paragraph shall

 2  not exceed $2,000 in any given school year and shall be in

 3  addition to any regular wage or other bonus the teacher

 4  received or is scheduled to receive.

 5         Section 8.  This act shall take effect July 1, 2006.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Removes letter grades from the performance grade
      categories by which schools must be identified in the
10    Commissioner of Education's annual report of the results
      of the statewide assessment program.
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