Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1682
       
       
       
       
       
                                Barcode 186854                          
       
       602-04602B-09                                                   
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12 Appropriations
    1                        A bill to be entitled                      
    2         An act relating to school improvement and
    3         accountability; amending s. 1001.42, F.S.; revising
    4         provisions relating to the powers and duties of
    5         district school boards to implement the state system
    6         of school improvement and education accountability;
    7         amending s. 1008.33, F.S.; requiring that the State
    8         Board of Education comply with the federal Elementary
    9         and Secondary Education Act (ESEA); authorizing the
   10         board to adopt rules in compliance with the ESEA after
   11         evaluating and determining that the ESEA and its
   12         implementing regulations are consistent with the
   13         statements of purpose in the ESEA; authorizing the
   14         board to adopt rules to maintain such compliance;
   15         providing requirements for the state system of school
   16         improvement and education accountability; requiring
   17         that school districts be held accountable for
   18         improving the academic achievement of all students and
   19         identifying low-performing schools; requiring that the
   20         Department of Education categorize public schools
   21         annually based on school grade and the level and rate
   22         of change in student performance; providing that
   23         schools are subject to certain intervention and
   24         support strategies; authorizing the State Board of
   25         Education to prescribe reporting requirements to
   26         review and monitor the progress of schools; requiring
   27         that the Department of Education create a matrix
   28         reflecting which intervention and support strategies
   29         to apply to schools in each category; providing
   30         criteria for categorizing schools as the lowest
   31         performing schools; requiring that a school district
   32         submit a plan, subject to the State Board of
   33         Education’s approval, for implementing one of four
   34         options to improve the performance of the lowest
   35         performing schools; requiring that the school district
   36         submit a plan for implementing another option if the
   37         lowest-performing schools do not move to another
   38         category; requiring that a school make significant
   39         progress by improving its grade and increasing student
   40         performance in mathematics and reading to advance to a
   41         higher category; requiring that the State Board of
   42         Education adopt rules; amending s. 1008.345, F.S.;
   43         conforming provisions to changes made by the act;
   44         amending s. 1012.2315, F.S.; revising legislative
   45         findings and intent; revising provisions relating to
   46         the assignment of teachers to conform to changes made
   47         by the act; providing an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsection (18) of section 1001.42, Florida
   52  Statutes, is amended to read:
   53         1001.42 Powers and duties of district school board.—The
   54  district school board, acting as a board, shall exercise all
   55  powers and perform all duties listed below:
   56         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   57  Maintain a state system of school improvement and education
   58  accountability as provided by statute and State Board of
   59  Education rule. This system of school improvement and education
   60  accountability shall be consistent with, and implemented
   61  through, the district’s continuing system of planning and
   62  budgeting required by this section and ss. 1008.385, 1010.01,
   63  and 1011.01. This system of school improvement and education
   64  accountability shall comply with the provisions of ss. 1008.33,
   65  1008.34, 1008.345, and 1008.385 and include, but is not limited
   66  to, the following:
   67         (a) School improvement plans.The district school board
   68  shall annually approve and require implementation of a new,
   69  amended, or continuation school improvement plan for each school
   70  in the district. A district school board may establish a
   71  district school improvement plan that includes all schools in
   72  the district operating for the purpose of providing educational
   73  services to youth in Department of Juvenile Justice programs.
   74  The school improvement plan shall be designed to achieve the
   75  state education priorities pursuant to s. 1000.03(5) and student
   76  proficiency on the Sunshine State Standards pursuant to s.
   77  1003.41. Each plan shall address student achievement goals and
   78  strategies based on state and school district proficiency
   79  standards. The plan may also address issues relative to other
   80  academic-related matters, as determined by district school board
   81  policy, and shall include an accurate, data-based analysis of
   82  student achievement and other school performance data. Beginning
   83  with plans approved for implementation in the 2007-2008 school
   84  year, each secondary school plan must include a redesign
   85  component based on the principles established in s. 1003.413.
   86  For each school in the district that earns a school grade of “C”
   87  or below, or is required to have a school improvement plan under
   88  federal law, the school improvement plan shall, at a minimum,
   89  also include:
   90         1.Professional development that supports enhanced and
   91  differentiated instructional strategies to improve teaching and
   92  learning.
   93         2.Continuous use of disaggregated student achievement data
   94  to determine effectiveness of instructional strategies.
   95         3.Ongoing informal and formal assessments to monitor
   96  individual student progress, including progress toward mastery
   97  of the Sunshine State Standards, and to redesign instruction if
   98  needed.
   99         4.Alternative instructional delivery methods to support
  100  remediation, acceleration, and enrichment strategies.
  101         (b)Approval process.—Develop a process for approval of a
  102  school improvement plan presented by an individual school and
  103  its advisory council. In the event a district school board does
  104  not approve a school improvement plan after exhausting this
  105  process, the Department of Education shall be notified of the
  106  need for assistance.
  107         (c)Assistance and intervention.
  108         1.Develop a 2-year plan of increasing individualized
  109  assistance and intervention for each school in danger of not
  110  meeting state standards or making adequate progress, as defined
  111  pursuant to statute and State Board of Education rule, toward
  112  meeting the goals and standards of its approved school
  113  improvement plan.
  114         2.Provide assistance and intervention to a school that is
  115  designated with a grade of “D” pursuant to s. 1008.34 and is in
  116  danger of failing.
  117         3.Develop a plan to encourage teachers with demonstrated
  118  mastery in improving student performance to remain at or
  119  transfer to a school with a grade of “D” or “F” or to an
  120  alternative school that serves disruptive or violent youths. If
  121  a classroom teacher, as defined by s. 1012.01(2)(a), who meets
  122  the definition of teaching mastery developed according to the
  123  provisions of this paragraph, requests assignment to a school
  124  designated with a grade of “D” or “F” or to an alternative
  125  school that serves disruptive or violent youths, the district
  126  school board shall make every practical effort to grant the
  127  request.
  128         4.Prioritize, to the extent possible, the expenditures of
  129  funds received from the supplemental academic instruction
  130  categorical fund under s. 1011.62(1)(f) to improve student
  131  performance in schools that receive a grade of “D” or “F.”
  132         (d)After 2 years.—Notify the Commissioner of Education and
  133  the State Board of Education in the event any school does not
  134  make adequate progress toward meeting the goals and standards of
  135  a school improvement plan by the end of 2 years of failing to
  136  make adequate progress and proceed according to guidelines
  137  developed pursuant to statute and State Board of Education rule.
  138  School districts shall provide intervention and assistance to
  139  schools in danger of being designated with a grade of “F,”
  140  failing to make adequate progress.
  141         (b)(e)Public disclosure.The district school board shall
  142  provide information regarding the performance of students and
  143  educational programs as required pursuant to ss. 1008.22 and
  144  1008.385 and implement a system of school reports as required by
  145  statute and State Board of Education rule which that shall
  146  include schools operating for the purpose of providing
  147  educational services to youth in Department of Juvenile Justice
  148  programs, and for those schools, report on the elements
  149  specified in s. 1003.52(19). Annual public disclosure reports
  150  shall be in an easy-to-read report card format and shall include
  151  the school’s grade, high school graduation rate calculated
  152  without GED tests, disaggregated by student ethnicity, and
  153  performance data as specified in state board rule.
  154         (c)(f)School improvement funds.The district school board
  155  shall provide funds to schools for developing and implementing
  156  school improvement plans. Such funds shall include those funds
  157  appropriated for the purpose of school improvement pursuant to
  158  s. 24.121(5)(c).
  159         Section 2. Section 1008.33, Florida Statutes, is amended to
  160  read:
  161         (Substantial rewording of section. See
  162         s. 1008.33, F.S., for present text.)
  163         1008.33Authority to enforce public school improvement.—
  164         (1)The State Board of Education shall comply with the
  165  federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
  166  ss. 6301, et seq., and its implementing regulations. The State
  167  Board of Education is authorized to adopt rules in compliance
  168  with the ESEA and, after evaluating and determining that the
  169  ESEA and its implementing regulations are consistent with the
  170  statements of purpose set forth in the ESEA (2002), may adopt
  171  rules to maintain compliance with the ESEA.
  172         (2)(a)Pursuant to subsection (1) and ss. 1008.34,
  173  1008.345, and 1008.385, the State Board of Education shall hold
  174  all school districts and public schools accountable for student
  175  performance. The board is responsible for a state system of
  176  school improvement and education accountability which assesses
  177  student performance by school, identifies schools in which
  178  students are not making adequate progress toward state
  179  standards, and institutes appropriate measures for enforcing
  180  improvement.
  181         (b)The state system of school improvement and education
  182  accountability must provide for uniform accountability
  183  standards, provide assistance of escalating intensity to low
  184  performing schools, direct support to schools in order to
  185  improve and sustain performance, focus on the performance of
  186  student subgroups, and enhance student performance.
  187         (c)School districts must be held accountable for improving
  188  the academic achievement of all students and for identifying and
  189  turning around low-performing schools.
  190         (3)(a)The academic performance of all students has a
  191  significant effect on the state school system. Pursuant to Art.
  192  IX of the State Constitution, which prescribes the duty of the
  193  State Board of Education to supervise Florida’s public school
  194  system, the State Board of Education shall equitably enforce the
  195  accountability requirements of the state school system and may
  196  impose state requirements on school districts in order to
  197  improve the academic performance of all districts, schools, and
  198  students based upon the provisions of the Florida K-20 Education
  199  Code, chapters 1000-1013, and the federal Elementary and
  200  Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its
  201  implementing regulations.
  202         (b)For the purpose of determining whether a public school
  203  requires action to achieve a sufficient level of school
  204  improvement, the Department of Education shall annually
  205  categorize a public school in one of six categories based on the
  206  school’s grade, pursuant to s. 1008.34, and the level and rate
  207  of change in student performance in the areas of reading and
  208  mathematics, disaggregated into student subgroups as described
  209  in the federal Elementary and Secondary Education Act, 20 U.S.C.
  210  s. 6311(b)(2)(C)(v)(II).
  211         (c)Appropriate intervention and support strategies shall
  212  be applied to schools that require action to achieve a
  213  sufficient level of improvement as described in paragraph (b).
  214  The intervention and support strategies must address student
  215  performance, including, but not limited to, improvement
  216  planning, leadership quality improvement, educator quality
  217  improvement, professional development, curriculum alignment and
  218  pacing, and the use of continuous improvement and monitoring
  219  plans and processes. The State Board of Education may prescribe
  220  reporting requirements to review and monitor the progress of the
  221  schools.
  222         (4)The Department of Education shall create a matrix that
  223  reflects intervention and support strategies to address the
  224  particular needs of schools in each category.
  225         (a)Intervention and support strategies shall be applied to
  226  schools based upon the school categorization. The Department of
  227  Education shall apply the most intense intervention strategies
  228  to the lowest-performing schools. For all but the lowest
  229  category and “F” schools in the second lowest category, the
  230  intervention and support strategies shall be administered solely
  231  by the districts and the schools.
  232         (b)The lowest-performing schools are schools that have
  233  received:
  234         1.A grade of “F” in the most recent school year and in 4
  235  of the last 6 years; or
  236         2.A grade of “D” or “F” in the most recent year and meet
  237  at least three of the following criteria:
  238         a.The percentage of students who are not proficient in
  239  reading has increased when compared to measurements taken 5
  240  years previously;
  241         b.The percentage of students who are not proficient in
  242  mathematics has increased when compared to measurements taken 5
  243  years previously;
  244         c.At least 65 percent of the school’s students are not
  245  proficient in reading; or
  246         d.At least 65 percent of the school’s students are not
  247  proficient in mathematics.
  248         (5)(a)In the school year after a school is initially
  249  identified as a school in the lowest-performing category, the
  250  school district must submit a plan, which is subject to approval
  251  by the State Board of Education, for implementing one of the
  252  following options at the beginning of the next school year. The
  253  plan must be implemented, unless the school moves from the
  254  lowest-performing category:
  255         1.Convert the school to a district-managed turnaround
  256  school by means that include implementing a turnaround plan
  257  approved by the Commissioner of Education which shall become the
  258  school’s improvement plan;
  259         2.Reassign students to another school and monitor the
  260  progress of each reassigned student;
  261         3. Close the school and reopen the school as a charter
  262  school or multiple charter schools whose governing board has a
  263  demonstrated record of effectiveness; or
  264         4. Contract with an outside entity that has a demonstrated
  265  record of effectiveness to operate the school.
  266         (b)If a school does not move from the lowest-performing
  267  category during the initial year of implementing one of the
  268  options in paragraph (a), the school district must submit a
  269  plan, which is subject to approval by the State Board of
  270  Education, for implementing a different option in paragraph (a)
  271  at the beginning of the next school year, unless the State Board
  272  of Education determines that the school is likely to move from
  273  the lowest-performing category if additional time is provided to
  274  implement intervention and support strategies. The State Board
  275  of Education shall determine whether a school district may
  276  continue to implement an option beyond 1 year while a school
  277  remains in the lowest-performing category.
  278         (6) In order to advance to a higher category, a school must
  279  make significant progress by improving its school grade and by
  280  increasing student performance in mathematics and reading.
  281  Student performance must be evaluated for each student subgroup
  282  as set forth in subsection (4).
  283         (7)Beginning July 1, 2009, the Department of Education
  284  shall commence its duties under this section.
  285         (8)By July 1, 2010, the State Board of Education shall
  286  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  287  this section. The department shall consult with education
  288  stakeholders in developing the rules.
  289         Section 3. Subsection (5) and paragraphs (b) and (d) of
  290  subsection (6) of section 1008.345, Florida Statutes, are
  291  amended to read:
  292         1008.345 Implementation of state system of school
  293  improvement and education accountability.—
  294         (5) The commissioner shall report to the Legislature and
  295  recommend changes in state policy necessary to foster school
  296  improvement and education accountability. Included in the report
  297  shall be a list of the schools, including schools operating for
  298  the purpose of providing educational services to youth in
  299  Department of Juvenile Justice programs, for which district
  300  school boards have developed school improvement assistance and
  301  intervention plans and an analysis of the various strategies
  302  used by the school boards. School reports shall be distributed
  303  pursuant to this subsection and s. 1001.42(18)(b) s.
  304  1001.42(16)(e) and according to rules adopted by the State Board
  305  of Education.
  306         (6)
  307         (b) Upon request, the department shall provide technical
  308  assistance and training to any school, including any school
  309  operating for the purpose of providing educational services to
  310  youth in Department of Juvenile Justice programs, school
  311  advisory council, district, or district school board for
  312  conducting needs assessments, developing and implementing school
  313  improvement plans, developing and implementing assistance and
  314  intervention plans, or implementing other components of school
  315  improvement and accountability. Priority for these services
  316  shall be given to schools designated with a grade of “D” or “F”
  317  and school districts in rural and sparsely populated areas of
  318  the state.
  319         (d) The commissioner shall assign a community assessment
  320  team to each school district or governing board with a school
  321  graded “F” and those in the lowest category to review the school
  322  performance data and determine causes for the low performance,
  323  including the role of school, area, and district administrative
  324  personnel. The community assessment team shall review a high
  325  school’s graduation rate calculated without GED tests for the
  326  past 3 years, disaggregated by student ethnicity. The team shall
  327  make recommendations to the school board or the governing board,
  328  to the department, and to the State Board of Education which for
  329  implementing an assistance and intervention plan that will
  330  address the causes of the school’s low performance and may be
  331  incorporated into the school improvement plan. The assessment
  332  team shall include, but not be limited to, a department
  333  representative, parents, business representatives, educators,
  334  representatives of local governments, and community activists,
  335  and shall represent the demographics of the community from which
  336  they are appointed.
  337         Section 4. Subsections (1) and (2) of section 1012.2315,
  338  Florida Statutes, are amended to read:
  339         1012.2315 Assignment of teachers.—
  340         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  341  disparities between teachers assigned to teach in a majority of
  342  schools that do not need improvement and schools that do need
  343  improvement pursuant to s. 1008.33 “A” graded schools and
  344  teachers assigned to teach in a majority of “F” graded schools.
  345  The disparities may can be found in the assignment of
  346  temporarily certified teachers, teachers in need of improvement,
  347  and out-of-field teachers and in average years of experience,
  348  the median salary, and the performance of the students teachers
  349  on teacher certification examinations. It is the intent of the
  350  Legislature that district school boards have flexibility through
  351  the collective bargaining process to assign teachers more
  352  equitably across the schools in the district.
  353         (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
  354  IMPROVEMENT. GRADED “D” OR “F.”—School districts may not assign
  355  a higher percentage than the school district average of first
  356  time teachers, temporarily certified teachers, teachers in need
  357  of improvement, or out-of-field teachers to schools designated
  358  as one of the lowest three performing categories under s.
  359  1008.33(3)(b). with above the school district average of
  360  minority and economically disadvantaged students or schools that
  361  are graded “D” or “F.” Each school district shall annually
  362  certify to the Commissioner of Education that this requirement
  363  has been met. If the commissioner determines that a school
  364  district is not in compliance with this subsection, the State
  365  Board of Education shall be notified and shall take action
  366  pursuant to s. 1008.32 in the next regularly scheduled meeting
  367  to require compliance.
  368         Section 5. This act shall take effect July 1, 2009.
  369