Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2482
       
       
       
       
       
       
                                Barcode 421468                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2009           .                                
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       The Committee on Education Pre-K - 12 (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (18) of section 1001.42, Florida
    6  Statutes, is amended to read:
    7         1001.42 Powers and duties of district school board.—The
    8  district school board, acting as a board, shall exercise all
    9  powers and perform all duties listed below:
   10         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   11  Maintain a state system of school improvement and education
   12  accountability as provided by statute and State Board of
   13  Education rule. This system of school improvement and education
   14  accountability shall be consistent with, and implemented
   15  through, the district’s continuing system of planning and
   16  budgeting required by this section and ss. 1008.385, 1010.01,
   17  and 1011.01. This system of school improvement and education
   18  accountability shall comply with the provisions of ss. 1008.33,
   19  1008.34, 1008.345, and 1008.385 and include, but is not limited
   20  to, the following:
   21         (a) School improvement plans.The district school board
   22  shall annually approve and require implementation of a new,
   23  amended, or continuation school improvement plan for each school
   24  in the district. A district school board may establish a
   25  district school improvement plan that includes all schools in
   26  the district operating for the purpose of providing educational
   27  services to youth in Department of Juvenile Justice programs.
   28  The school improvement plan shall be designed to achieve the
   29  state education priorities pursuant to s. 1000.03(5) and student
   30  proficiency on the Sunshine State Standards pursuant to s.
   31  1003.41. Each plan shall address student achievement goals and
   32  strategies based on state and school district proficiency
   33  standards. The plan may also address issues relative to other
   34  academic-related matters, as determined by district school board
   35  policy, and shall include an accurate, data-based analysis of
   36  student achievement and other school performance data. Beginning
   37  with plans approved for implementation in the 2007-2008 school
   38  year, each secondary school plan must include a redesign
   39  component based on the principles established in s. 1003.413.
   40  For each school in the district that earns a school grade of “C”
   41  or below, or is required to have a school improvement plan under
   42  federal law, the school improvement plan shall, at a minimum,
   43  also include:
   44         1. Professional development that supports enhanced and
   45  differentiated instructional strategies to improve teaching and
   46  learning.
   47         2. Continuous use of disaggregated student achievement data
   48  to determine effectiveness of instructional strategies.
   49         3. Ongoing informal and formal assessments to monitor
   50  individual student progress, including progress toward mastery
   51  of the Sunshine State Standards, and to redesign instruction if
   52  needed.
   53         4. Alternative instructional delivery methods to support
   54  remediation, acceleration, and enrichment strategies.
   55         (b) Approval process.—Develop a process for approval of a
   56  school improvement plan presented by an individual school and
   57  its advisory council. In the event a district school board does
   58  not approve a school improvement plan after exhausting this
   59  process, the Department of Education shall be notified of the
   60  need for assistance.
   61         (c) Assistance and intervention.
   62         1. Develop a 2-year plan of increasing individualized
   63  assistance and intervention for each school in danger of not
   64  meeting state standards or making adequate progress, as defined
   65  pursuant to statute and State Board of Education rule, toward
   66  meeting the goals and standards of its approved school
   67  improvement plan.
   68         2. Provide assistance and intervention to a school that is
   69  designated with a grade of “D” pursuant to s. 1008.34 and is in
   70  danger of failing.
   71         3. Develop a plan to encourage teachers with demonstrated
   72  mastery in improving student performance to remain at or
   73  transfer to a school with a grade of “D” or “F” or to an
   74  alternative school that serves disruptive or violent youths. If
   75  a classroom teacher, as defined by s. 1012.01(2)(a), who meets
   76  the definition of teaching mastery developed according to the
   77  provisions of this paragraph, requests assignment to a school
   78  designated with a grade of “D” or “F” or to an alternative
   79  school that serves disruptive or violent youths, the district
   80  school board shall make every practical effort to grant the
   81  request.
   82         4. Prioritize, to the extent possible, the expenditures of
   83  funds received from the supplemental academic instruction
   84  categorical fund under s. 1011.62(1)(f) to improve student
   85  performance in schools that receive a grade of “D” or “F.”
   86         (d) After 2 years.—Notify the Commissioner of Education and
   87  the State Board of Education in the event any school does not
   88  make adequate progress toward meeting the goals and standards of
   89  a school improvement plan by the end of 2 years of failing to
   90  make adequate progress and proceed according to guidelines
   91  developed pursuant to statute and State Board of Education rule.
   92  School districts shall provide intervention and assistance to
   93  schools in danger of being designated with a grade of “F,”
   94  failing to make adequate progress.
   95         (b)(e)Public disclosure.The district school board shall
   96  provide information regarding the performance of students and
   97  educational programs as required pursuant to ss. 1008.22 and
   98  1008.385 and implement a system of school reports as required by
   99  statute and State Board of Education rule which that shall
  100  include schools operating for the purpose of providing
  101  educational services to youth in Department of Juvenile Justice
  102  programs, and for those schools, report on the elements
  103  specified in s. 1003.52(19). Annual public disclosure reports
  104  shall be in an easy-to-read report card format and shall include
  105  the school’s grade, high school graduation rate calculated
  106  without GED tests, disaggregated by student ethnicity, and
  107  performance data as specified in state board rule.
  108         (c)(f)School improvement funds.The district school board
  109  shall provide funds to schools for developing and implementing
  110  school improvement plans. Such funds shall include those funds
  111  appropriated for the purpose of school improvement pursuant to
  112  s. 24.121(5)(c).
  113         Section 2. Paragraph (a) of subsection (8), paragraph (p)
  114  of subsection (9), and paragraph (a) of subsection (16) of
  115  section 1002.33, Florida Statutes, are amended to read:
  116         1002.33 Charter schools.—
  117         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  118         (a) The sponsor may choose not to renew or may terminate
  119  the charter for any of the following grounds:
  120         1. Failure to participate in the state’s education
  121  accountability system created in ss. 1008.31, 1008.32, and
  122  1008.33 s. 1008.31, as required in this section, or failure to
  123  meet the requirements for student performance stated in the
  124  charter.
  125         2. Failure to meet generally accepted standards of fiscal
  126  management.
  127         3. Violation of law.
  128         4. Other good cause shown.
  129         (9) CHARTER SCHOOL REQUIREMENTS.—
  130         (p) Upon notification that a charter school receives a
  131  school grade of “D” for 2 consecutive years or a school grade of
  132  “F” under s. 1008.34(2), the charter school sponsor or the
  133  sponsor’s staff shall require the director and a representative
  134  of the governing body to submit to the sponsor for approval a
  135  school improvement plan to raise student achievement and to
  136  implement the plan. The sponsor has the authority to approve a
  137  school improvement plan that the charter school will implement
  138  in the following school year. The sponsor shall include the
  139  actions recommended by may also consider the State Board of
  140  Education Education’s recommended action pursuant to s.
  141  1008.33(1) as part of the school improvement plan. The
  142  Department of Education shall offer technical assistance and
  143  training to the charter school and its governing body and
  144  establish guidelines for developing, submitting, and approving
  145  such plans.
  146         1. If the charter school fails to improve its student
  147  performance from the year immediately prior to the
  148  implementation of the school improvement plan, the sponsor shall
  149  place the charter school on probation and shall require the
  150  charter school governing body to take one of the following
  151  corrective actions:
  152         a. Contract for the educational services of the charter
  153  school;
  154         b. Reorganize the school at the end of the school year
  155  under a new director or principal who is authorized to hire new
  156  staff and implement a plan that addresses the causes of
  157  inadequate progress; or
  158         c. Reconstitute the charter school.
  159         2. A charter school that is placed on probation shall
  160  continue the corrective actions required under subparagraph 1.
  161  until the charter school improves its student performance from
  162  the year prior to the implementation of the school improvement
  163  plan.
  164         3. Notwithstanding any provision of this paragraph, the
  165  sponsor may terminate the charter at any time pursuant to the
  166  provisions of subsection (8).
  167         (16) EXEMPTION FROM STATUTES.—
  168         (a) A charter school shall operate in accordance with its
  169  charter and shall be exempt from all statutes in chapters 1000
  170  1013. However, a charter school shall be in compliance with the
  171  following statutes in chapters 1000-1013:
  172         1. Those statutes specifically applying to charter schools,
  173  including this section.
  174         2. Those statutes pertaining to the student assessment
  175  program and school grading system.
  176         3. Those statutes pertaining to the provision of services
  177  to students with disabilities.
  178         4. Those statutes pertaining to civil rights, including s.
  179  1000.05, relating to discrimination.
  180         5. Those statutes pertaining to student health, safety, and
  181  welfare.
  182         6.Those statutes pertaining to school improvement and
  183  education accountability, including s. 1008.33.
  184         Section 3. Subsection (1) of section 1003.413, Florida
  185  Statutes, is amended to read:
  186         1003.413 Florida Secondary School Redesign Act.—
  187         (1) For purposes of this section, the term “secondary
  188  school” means a school that serves Secondary schools are schools
  189  that primarily serve students in grades 6 through 12. A
  190  secondary school does not include an elementary school serving
  191  students only through grade 6. It is the intent of the
  192  Legislature to provide for secondary school redesign so that
  193  students promoted from the 8th grade have the necessary academic
  194  skills for success in high school and students graduating from
  195  high school have the necessary skills for success in the
  196  workplace and postsecondary education.
  197         Section 4. Subsection (5) of section 1003.413, Florida
  198  Statutes, is repealed.
  199         Section 5. Paragraphs (a) and (b) of subsection (1) of
  200  section 1003.4156, Florida Statutes, are amended to read:
  201         1003.4156 General requirements for middle grades
  202  promotion.—
  203         (1) Beginning with students entering grade 6 in the 2006
  204  2007 school year, promotion from a school composed of middle
  205  grades 6, 7, and 8 requires that:
  206         (a) The student must successfully complete academic courses
  207  as follows:
  208         1. Three middle school or higher courses in English. These
  209  courses shall emphasize literature, composition, and technical
  210  text.
  211         2. Three middle school or higher courses in mathematics.
  212  Each middle school must offer at least one high school level
  213  mathematics course for which students may earn high school
  214  credit.
  215         3. Three middle school or higher courses in social studies,
  216  one semester of which must include the study of state and
  217  federal government and civics education.
  218         4. Three middle school or higher courses in science.
  219         5. One course in career and education planning to be
  220  completed in 7th or 8th grade. The course may be taught by any
  221  member of the instructional staff; must include career
  222  exploration using Florida CHOICES for the 21st Century or a
  223  comparable cost-effective program; must include educational
  224  planning using the online student advising system known as
  225  Florida Academic Counseling and Tracking for Students at the
  226  Internet website FACTS.org; and shall result in the completion
  227  of a personalized academic and career plan.
  228  
  229  Each school must hold a parent meeting either in the evening or
  230  on a weekend to inform parents about the course curriculum and
  231  activities. Each student shall complete an electronic personal
  232  education plan that must be signed by the student; the student’s
  233  instructor, guidance counselor, or academic advisor; and the
  234  student’s parent. By January 1, 2007, The Department of
  235  Education shall develop course frameworks and professional
  236  development materials for the career exploration and education
  237  planning course. The course may be implemented as a stand-alone
  238  course or integrated into another course or courses. The
  239  Commissioner of Education shall collect longitudinal high school
  240  course enrollment data by student ethnicity in order to analyze
  241  course-taking patterns.
  242         (b) For each year in which a student scores at Level l on
  243  FCAT Reading, the student must be enrolled in and complete an
  244  intensive reading course the following year. Placement of Level
  245  2 readers in either an intensive reading course or a content
  246  area course in which reading strategies are delivered shall be
  247  determined by diagnosis of reading needs. The department shall
  248  provide guidance on appropriate strategies for diagnosing and
  249  meeting the varying instructional needs of students reading
  250  below grade level. Reading courses shall be designed and offered
  251  pursuant to the comprehensive reading plan required by s.
  252  1011.62(9). A student who scores at Level 1 or Level 2 on FCAT
  253  Reading but who did not score below Level 3 on FCAT Reading in
  254  the prior 3 school years, may be exempt from the requirement in
  255  this paragraph if the student demonstrates acceptable
  256  performance on an alternative standardized reading assessment
  257  approved by the State Board of Education.
  258         Section 6. Paragraph (b) of subsection (2) of section
  259  1003.428, Florida Statutes, is amended to read:
  260         1003.428 General requirements for high school graduation;
  261  revised.—
  262         (2) The 24 credits may be earned through applied,
  263  integrated, and combined courses approved by the Department of
  264  Education and shall be distributed as follows:
  265         (b) Eight credits in majors, minors, or electives:
  266         1. Four credits in a major area of interest, such as
  267  sequential courses in a career and technical program, fine and
  268  performing arts, or academic content area, selected by the
  269  student as part of the education plan required by s. 1003.4156.
  270  Students may revise major areas of interest each year as part of
  271  annual course registration processes and should update their
  272  education plan to reflect such revisions. Annually by October 1,
  273  the district school board shall approve major areas of interest
  274  and submit the list of majors to the Commissioner of Education
  275  for approval. Each major area of interest shall be deemed
  276  approved unless specifically rejected by the commissioner within
  277  60 days. Upon approval, each district’s major areas of interest
  278  shall be available for use by all school districts and shall be
  279  posted on the department’s website.
  280         2. Four credits in elective courses selected by the student
  281  as part of the education plan required by s. 1003.4156. These
  282  credits may be combined to allow for a second major area of
  283  interest pursuant to subparagraph 1., a minor area of interest,
  284  elective courses, or intensive reading or mathematics
  285  intervention courses as described in this subparagraph.
  286         a. Minor areas of interest are composed of three credits
  287  selected by the student as part of the education plan required
  288  by s. 1003.4156 and approved by the district school board.
  289         b. Elective courses are selected by the student in order to
  290  pursue a complete education program as described in s.
  291  1001.41(3) and to meet eligibility requirements for
  292  scholarships.
  293         c. For each year in which a student scores at Level l on
  294  FCAT Reading, the student must be enrolled in and complete an
  295  intensive reading course the following year. Placement of Level
  296  2 readers in either an intensive reading course or a content
  297  area course in which reading strategies are delivered shall be
  298  determined by diagnosis of reading needs. The department shall
  299  provide guidance on appropriate strategies for diagnosing and
  300  meeting the varying instructional needs of students reading
  301  below grade level. Reading courses shall be designed and offered
  302  pursuant to the comprehensive reading plan required by s.
  303  1011.62(9). A student who scores at Level 1 or Level 2 on FCAT
  304  Reading but who did not score below Level 3 on FCAT Reading in
  305  the prior 3 school years, may be exempt from the requirement in
  306  this sub-subparagraph if the student demonstrates acceptable
  307  performance on an alternative standardized reading assessment
  308  approved by the State Board of Education. The requirements in
  309  this sub-subparagraph do not apply to a student who has earned a
  310  passing score on the grade 10 FCAT Reading pursuant to s.
  311  1008.22(3)(c) or who has achieved a score on a standardized test
  312  which is concordant with a passing score on the grade 10 FCAT
  313  Reading pursuant to s. 1008.22(10).
  314         d. For each year in which a student scores at Level 1 or
  315  Level 2 on FCAT Mathematics, the student must receive
  316  remediation the following year. These courses may be taught
  317  through applied, integrated, or combined courses and are subject
  318  to approval by the department for inclusion in the Course Code
  319  Directory. The requirements in this sub-subparagraph do not
  320  apply to a student who has earned a passing score on the grade
  321  10 FCAT Mathematics pursuant to s. 1008.22(3)(c) or who has
  322  achieved a score on a standardized test which is concordant with
  323  a passing score on the grade 10 FCAT Mathematics pursuant to s.
  324  1008.22(10).
  325         Section 7. Subsection (1), paragraph (c) of subsection (7),
  326  and subsection (8) of section 1003.429, Florida Statutes, are
  327  amended to read:
  328         1003.429 Accelerated high school graduation options.—
  329         (1) Students who enter grade 9 in the 2006-2007 school year
  330  and thereafter may select, upon receipt of each consent required
  331  by this section, one of the following three high school
  332  graduation options:
  333         (a) Completion of the general requirements for high school
  334  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  335         (b) Completion of a 3-year standard college preparatory
  336  program requiring successful completion of a minimum of 18
  337  academic credits in grades 9 through 12. At least 6 of the 18
  338  credits required for completion of this program must be received
  339  in classes that are offered pursuant to the International
  340  Baccalaureate Program, the Advanced Placement Program, dual
  341  enrollment, Advanced International Certificate of Education, or
  342  specifically listed or identified by the Department of Education
  343  as rigorous pursuant to s. 1009.531(3). The 18 credits required
  344  for completion of this program shall be primary requirements and
  345  shall be distributed as follows:
  346         1. Four credits in English, with major concentration in
  347  composition and literature;
  348         2. Three credits in mathematics at the Algebra I level or
  349  higher from the list of courses that qualify for state
  350  university admission. Beginning with students who enter grade 9
  351  in the 2009-2010 school year, four credits in mathematics at the
  352  Algebra I level or higher from the list of courses that qualify
  353  for state university admission;
  354         3. Three credits in natural science, two of which must have
  355  a laboratory component;
  356         4. Three credits in social sciences, which must include one
  357  credit in American history, one credit in world history, one
  358  half credit in American government, and one-half credit in
  359  economics;
  360         5. Two credits in the same second language unless the
  361  student is a native speaker of or can otherwise demonstrate
  362  competency in a language other than English. If the student
  363  demonstrates competency in another language, the student may
  364  replace the language requirement with two credits in other
  365  academic courses; and
  366         6. Three credits in electives. Beginning with students who
  367  enter grade 9 in the 2009-2010 school year, two credits in
  368  electives; or
  369         (c) Completion of a 3-year career preparatory program
  370  requiring successful completion of a minimum of 18 academic
  371  credits in grades 9 through 12. The 18 credits shall be primary
  372  requirements and shall be distributed as follows:
  373         1. Four credits in English, with major concentration in
  374  composition and literature;
  375         2. Three credits in mathematics, one of which must be
  376  Algebra I;
  377         3. Three credits in natural science, two of which must have
  378  a laboratory component;
  379         4. Three credits in social sciences, which must include one
  380  credit in American history, one credit in world history, one
  381  half credit in American government, and one-half credit in
  382  economics;
  383         5. Three credits in a single vocational or career education
  384  program, three credits in career and technical certificate dual
  385  enrollment courses, or five credits in vocational or career
  386  education courses; and
  387         6. Two credits in electives unless five credits are earned
  388  pursuant to subparagraph 5.
  389  
  390  Any student who selected an accelerated graduation program
  391  before July 1, 2004, may continue that program, and all
  392  statutory program requirements that were applicable when the
  393  student made the program choice shall remain applicable to the
  394  student as long as the student continues that program.
  395         (7) If, at the end of grade 10, a student is not on track
  396  to meet the credit, assessment, or grade-point-average
  397  requirements of the accelerated graduation option selected, the
  398  school shall notify the student and parent of the following:
  399         (c) The right of the student to change to the 4-year
  400  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  401         (8) A student who selected one of the accelerated 3-year
  402  graduation options shall automatically move to the 4-year
  403  program set forth in s. 1003.428 or s. 1003.43, as applicable,
  404  if the student:
  405         (a) Exercises his or her right to change to the 4-year
  406  program;
  407         (b) Fails to earn 5 credits by the end of grade 9 or fails
  408  to earn 11 credits by the end of grade 10;
  409         (c) Does not achieve a score of 3 or higher on the grade 10
  410  FCAT Writing assessment; or
  411         (d) By the end of grade 11 does not meet the requirements
  412  of subsections (1) and (6).
  413         Section 8. Section 1003.433, Florida Statutes, is amended
  414  to read:
  415         1003.433 Learning opportunities for out-of-state and out
  416  of-country transfer students and students needing additional
  417  instruction to meet middle grades promotion or high school
  418  graduation requirements.—
  419         (1)Students who enter a Florida public middle school at
  420  the eighth grade from out of state or from a foreign country
  421  shall not be required to spend additional time in a Florida
  422  public school in order to meet the middle grades promotion
  423  requirements if the student has met all requirements of the
  424  school district, state, or country from which he or she is
  425  transferring. Such students who are not proficient in English
  426  should receive immediate and intensive instruction in English
  427  language acquisition.
  428         (2)(1) Students who enter a Florida public school at the
  429  eleventh or twelfth grade from out of state or from a foreign
  430  country shall not be required to spend additional time in a
  431  Florida public school in order to meet the high school course
  432  requirements if the student has met all requirements of the
  433  school district, state, or country from which he or she is
  434  transferring. Such students who are not proficient in English
  435  should receive immediate and intensive instruction in English
  436  language acquisition. However, to receive a standard high school
  437  diploma, a transfer student must earn a 2.0 grade point average
  438  and pass the grade 10 FCAT required in s. 1008.22(3) or an
  439  alternate assessment as described in s. 1008.22(10).
  440         (3)(2) Students who have met all requirements for the
  441  standard high school diploma except for passage of the grade 10
  442  FCAT or an alternate assessment by the end of grade 12 must be
  443  provided the following learning opportunities:
  444         (a) Participation in an accelerated high school equivalency
  445  diploma preparation program during the summer.
  446         (b) Upon receipt of a certificate of completion, be allowed
  447  to take the College Placement Test and be admitted to remedial
  448  or credit courses at a state community college, as appropriate.
  449         (c) Participation in an adult general education program as
  450  provided in s. 1004.93 for such time as the student requires to
  451  master English, reading, mathematics, or any other subject
  452  required for high school graduation. Students attending adult
  453  basic, adult secondary, or vocational-preparatory instruction
  454  are exempt from any requirement for the payment of tuition and
  455  fees, including lab fees, pursuant to s. 1009.25. A student
  456  attending an adult general education program shall have the
  457  opportunity to take the grade 10 FCAT an unlimited number of
  458  times in order to receive a standard high school diploma.
  459         (4)(3) Students who have been enrolled in an ESOL program
  460  for less than 2 school years and have met all requirements for
  461  the standard high school diploma except for passage of the grade
  462  10 FCAT or alternate assessment may receive immersion English
  463  language instruction during the summer following their senior
  464  year. Students receiving such instruction are eligible to take
  465  the FCAT or alternate assessment and receive a standard high
  466  school diploma upon passage of the grade 10 FCAT or the
  467  alternate assessment. This subsection shall be implemented to
  468  the extent funding is provided in the General Appropriations
  469  Act.
  470         (5)(4) The district school superintendent shall be
  471  responsible for notifying all students of the consequences of
  472  failure to receive a standard high school diploma, including the
  473  potential ineligibility for financial assistance at
  474  postsecondary educational institutions.
  475         (6)(5) The State Board of Education may adopt rules
  476  pursuant to ss. 120.536(1) and 120.54 to administer this
  477  section.
  478         Section 9. Subsection (1) and paragraph (f) of subsection
  479  (4) of section 1003.621, Florida Statutes, are amended to read:
  480         1003.621 Academically high-performing school districts.—It
  481  is the intent of the Legislature to recognize and reward school
  482  districts that demonstrate the ability to consistently maintain
  483  or improve their high-performing status. The purpose of this
  484  section is to provide high-performing school districts with
  485  flexibility in meeting the specific requirements in statute and
  486  rules of the State Board of Education.
  487         (1) ACADEMICALLY HIGH-PERFORMING SCHOOL DISTRICT.—
  488         (a) The State Board of Education shall annually designate a
  489  school district as is an academically high-performing school
  490  district if the district it meets the following criteria:
  491         1.a. Beginning with the 2004-2005 school year, earns a
  492  grade of “A” under s. 1008.34(7) for 2 consecutive years; and
  493         b. Has no district-operated school that earns a grade of
  494  “F” under s. 1008.34;
  495         2. Complies with all class size requirements in s. 1, Art.
  496  IX of the State Constitution and s. 1003.03; and
  497         3. Has no material weaknesses or instances of material
  498  noncompliance noted in the annual financial audit conducted
  499  pursuant to s. 218.39.
  500         (b) Each school district that satisfies the eligibility
  501  criteria in this subsection shall be designated by The State
  502  Board of Education shall designate a school district as an
  503  academically high-performing school district at the next State
  504  Board of Education meeting occurring on or after February 1 of
  505  each year. The designation is effective beginning with the
  506  following school year and remains effective through the entire
  507  school year. With the exception of the statutes listed in
  508  subsection (2), upon designation as an academically high
  509  performing school district, each such district is exempt from
  510  the provisions in chapters 1000-1013 which pertain to school
  511  districts and rules of the State Board of Education which
  512  implement these exempt provisions. This exemption remains in
  513  effect during the time of the designation if the district
  514  continues to meet all eligibility criteria.
  515         (c) The academically high-performing school district shall
  516  retain the designation as a high-performing school district for
  517  3 years, at the end of which time the district may renew the
  518  designation if the district meets the requirements in this
  519  section. A school district that fails to meet the requirements
  520  in this section shall provide written notification to the State
  521  Board of Education that the district is no longer eligible to be
  522  designated as an academically high-performing school district.
  523         (c)(d) In order to annually maintain the designation as an
  524  academically high-performing school district pursuant to this
  525  section, a school district must meet the following requirements:
  526         1. Comply with the provisions of sub-subparagraph (a)1.b.
  527  and subparagraphs(a)2. and 3.; and
  528         2. Earn a grade of “A” under s. 1008.34(7) for 2 years
  529  within a 3-year period.
  530  
  531  However, a district in which a district-operated school earns a
  532  grade of “F” under s. 1008.34 during the 3-year period may not
  533  continue to be designated as an academically high-performing
  534  school district during the remainder of that 3-year period. The
  535  district must meet the criteria in paragraph (a) in order to be
  536  redesignated as an academically high-performing school district.
  537         (4) REPORTS.—The academically high-performing school
  538  district shall submit to the State Board of Education and the
  539  Legislature an annual report on December 1 which delineates the
  540  performance of the school district relative to the academic
  541  performance of students at each grade level in reading, writing,
  542  mathematics, science, and any other subject that is included as
  543  a part of the statewide assessment program in s. 1008.22. The
  544  annual report shall be submitted in a format prescribed by the
  545  Department of Education and shall include, but need not be
  546  limited to, the following:
  547         (f) A list of each statute and rule that the district did
  548  not comply with, pursuant to paragraph (1)(b) description of
  549  each waiver and the status of each waiver.
  550         Section 10. Paragraph (c) of subsection (3) and paragraphs
  551  (b) and (c) of subsection (10) of section 1008.22, Florida
  552  Statutes, are amended to read:
  553         1008.22 Student assessment program for public schools.—
  554         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  555  design and implement a statewide program of educational
  556  assessment that provides information for the improvement of the
  557  operation and management of the public schools, including
  558  schools operating for the purpose of providing educational
  559  services to youth in Department of Juvenile Justice programs.
  560  The commissioner may enter into contracts for the continued
  561  administration of the assessment, testing, and evaluation
  562  programs authorized and funded by the Legislature. Contracts may
  563  be initiated in 1 fiscal year and continue into the next and may
  564  be paid from the appropriations of either or both fiscal years.
  565  The commissioner is authorized to negotiate for the sale or
  566  lease of tests, scoring protocols, test scoring services, and
  567  related materials developed pursuant to law. Pursuant to the
  568  statewide assessment program, the commissioner shall:
  569         (c) Develop and implement a student achievement testing
  570  program known as the Florida Comprehensive Assessment Test
  571  (FCAT) as part of the statewide assessment program to measure a
  572  student’s content knowledge and skills in reading, writing,
  573  science, and mathematics. Other content areas may be included as
  574  directed by the commissioner. Comprehensive assessments of
  575  reading and mathematics shall be administered annually in grades
  576  3 through 10. Comprehensive assessments of writing and science
  577  shall be administered at least once at the elementary, middle,
  578  and high school levels. End-of-course assessments for a subject
  579  may be administered in addition to the comprehensive assessments
  580  required for that subject under this paragraph. An end-of-course
  581  assessment must be rigorous, statewide, standardized, and
  582  developed or approved by the department. The content knowledge
  583  and skills assessed by comprehensive and end-of-course
  584  assessments must be aligned to the core curricular content
  585  established in the Sunshine State Standards. The commissioner
  586  may select one or more nationally developed comprehensive
  587  examinations, which may include, but need not be limited to,
  588  examinations for a College Board Advanced Placement course,
  589  International Baccalaureate course, or Advanced International
  590  Certificate of Education course or industry-approved
  591  examinations to earn national industry certifications as defined
  592  in s. 1003.492, for use as end-of-course assessments under this
  593  paragraph, if the commissioner determines that the content
  594  knowledge and skills assessed by the examinations meet or exceed
  595  the grade level expectations for the core curricular content
  596  established for the course in the Next Generation Sunshine State
  597  Standards. The commissioner may collaborate with the American
  598  Diploma Project in the adoption or development of rigorous end
  599  of-course assessments that are aligned to the Next Generation
  600  Sunshine State Standards. The testing program must be designed
  601  as follows:
  602         1. The tests shall measure student skills and competencies
  603  adopted by the State Board of Education as specified in
  604  paragraph (a). The tests must measure and report student
  605  proficiency levels of all students assessed in reading, writing,
  606  mathematics, and science. The commissioner shall provide for the
  607  tests to be developed or obtained, as appropriate, through
  608  contracts and project agreements with private vendors, public
  609  vendors, public agencies, postsecondary educational
  610  institutions, or school districts. The commissioner shall obtain
  611  input with respect to the design and implementation of the
  612  testing program from state educators, assistive technology
  613  experts, and the public.
  614         2. The testing program shall be composed of criterion
  615  referenced tests that shall, to the extent determined by the
  616  commissioner, include test items that require the student to
  617  produce information or perform tasks in such a way that the core
  618  content knowledge and skills he or she uses can be measured.
  619         3. Beginning with the 2008-2009 school year, the
  620  commissioner shall discontinue administration of the selected
  621  response test items on the comprehensive assessments of writing.
  622  Beginning with the 2012-2013 school year, the comprehensive
  623  assessments of writing shall be composed of a combination of
  624  selected-response test items, short-response performance tasks,
  625  and extended-response performance tasks, which shall measure a
  626  student’s content knowledge of writing, including, but not
  627  limited to, paragraph and sentence structure, sentence
  628  construction, grammar and usage, punctuation, capitalization,
  629  spelling, parts of speech, verb tense, irregular verbs, subject
  630  verb agreement, and noun-pronoun agreement.
  631         4. A score shall be designated for each subject area
  632  tested, below which score a student’s performance is deemed
  633  inadequate. The school districts shall provide appropriate
  634  remedial instruction to students who score below these levels.
  635         5. Except as provided in s. 1003.428(8)(b) or s.
  636  1003.43(11)(b), students must earn a passing score on the grade
  637  10 assessment test described in this paragraph or attain
  638  concordant scores as described in subsection (10) in reading,
  639  writing, and mathematics to qualify for a standard high school
  640  diploma. Concordant scores earned before taking the grade 10
  641  FCAT for the first time in grade 10 may not be used to satisfy
  642  the requirement in this subparagraph. The State Board of
  643  Education shall designate a passing score for each part of the
  644  grade 10 assessment test. In establishing passing scores, the
  645  state board shall consider any possible negative impact of the
  646  test on minority students. The State Board of Education shall
  647  adopt rules which specify the passing scores for the grade 10
  648  FCAT. Any such rules, which have the effect of raising the
  649  required passing scores, shall apply only to students taking the
  650  grade 10 FCAT for the first time after such rules are adopted by
  651  the State Board of Education.
  652         6. Participation in the testing program is mandatory for
  653  all students attending public school, including students served
  654  in Department of Juvenile Justice programs, except as otherwise
  655  prescribed by the commissioner. A student who has not earned
  656  passing scores on the grade 10 assessment as provided in
  657  subparagraph 5. must participate in each retake of the
  658  assessment until the student earns a passing score or achieves a
  659  score on a standardized assessment which is concordant with
  660  passing scores pursuant to subsection (10). If a student does
  661  not participate in the statewide assessment, the district must
  662  notify the student’s parent and provide the parent with
  663  information regarding the implications of such nonparticipation.
  664  A parent must provide signed consent for a student to receive
  665  classroom instructional accommodations that would not be
  666  available or permitted on the statewide assessments and must
  667  acknowledge in writing that he or she understands the
  668  implications of such instructional accommodations. The State
  669  Board of Education shall adopt rules, based upon recommendations
  670  of the commissioner, for the provision of test accommodations
  671  for students in exceptional education programs and for students
  672  who have limited English proficiency. Accommodations that negate
  673  the validity of a statewide assessment are not allowable in the
  674  administration of the FCAT. However, instructional
  675  accommodations are allowable in the classroom if included in a
  676  student’s individual education plan. Students using
  677  instructional accommodations in the classroom that are not
  678  allowable as accommodations on the FCAT may have the FCAT
  679  requirement waived pursuant to the requirements of s.
  680  1003.428(8)(b) or s. 1003.43(11)(b).
  681         7. A student seeking an adult high school diploma must meet
  682  the same testing requirements that a regular high school student
  683  must meet.
  684         8. District school boards must provide instruction to
  685  prepare students to demonstrate proficiency in the core
  686  curricular content established in the Next Generation Sunshine
  687  State Standards adopted under s. 1003.41, including the core
  688  content knowledge and skills necessary for successful grade-to
  689  grade progression and high school graduation. If a student is
  690  provided with instructional accommodations in the classroom that
  691  are not allowable as accommodations in the statewide assessment
  692  program, as described in the test manuals, the district must
  693  inform the parent in writing and must provide the parent with
  694  information regarding the impact on the student’s ability to
  695  meet expected proficiency levels in reading, writing, and
  696  mathematics. The commissioner shall conduct studies as necessary
  697  to verify that the required core curricular content is part of
  698  the district instructional programs.
  699         9. District school boards must provide opportunities for
  700  students to demonstrate an acceptable level of performance on an
  701  alternative standardized assessment approved by the State Board
  702  of Education following enrollment in summer academies.
  703         10. The Department of Education must develop, or select,
  704  and implement a common battery of assessment tools that will be
  705  used in all juvenile justice programs in the state. These tools
  706  must accurately measure the core curricular content established
  707  in the Sunshine State Standards.
  708         11. For students seeking a special diploma pursuant to s.
  709  1003.438, the Department of Education must develop or select and
  710  implement an alternate assessment tool that accurately measures
  711  the core curricular content established in the Sunshine State
  712  Standards for students with disabilities under s. 1003.438.
  713         12. The Commissioner of Education shall establish schedules
  714  for the administration of statewide assessments and the
  715  reporting of student test results. The commissioner shall, by
  716  August 1 of each year, notify each school district in writing
  717  and publish on the department’s Internet website the testing and
  718  reporting schedules for, at a minimum, the school year following
  719  the upcoming school year. The testing and reporting schedules
  720  shall require that:
  721         a. There is the latest possible administration of statewide
  722  assessments and the earliest possible reporting to the school
  723  districts of student test results which is feasible within
  724  available technology and specific appropriations; however, test
  725  results must be made available no later than the final day of
  726  the regular school year for students.
  727         b. Beginning with the 2010-2011 school year, a
  728  comprehensive statewide assessment of writing is not
  729  administered earlier than the week of March 1 and a
  730  comprehensive statewide assessment of any other subject is not
  731  administered earlier than the week of April 15.
  732         c. A statewide standardized end-of-course assessment is
  733  administered within the last 2 weeks of the course.
  734  
  735  The commissioner may, based on collaboration and input from
  736  school districts, design and implement student testing programs,
  737  for any grade level and subject area, necessary to effectively
  738  monitor educational achievement in the state, including the
  739  measurement of educational achievement of the Sunshine State
  740  Standards for students with disabilities. Development and
  741  refinement of assessments shall include universal design
  742  principles and accessibility standards that will prevent any
  743  unintended obstacles for students with disabilities while
  744  ensuring the validity and reliability of the test. These
  745  principles should be applicable to all technology platforms and
  746  assistive devices available for the assessments. The field
  747  testing process and psychometric analyses for the statewide
  748  assessment program must include an appropriate percentage of
  749  students with disabilities and an evaluation or determination of
  750  the effect of test items on such students.
  751         (10) CONCORDANT SCORES FOR THE FCAT.—
  752         (b) In order to use a concordant subject area score
  753  pursuant to this subsection to satisfy the assessment
  754  requirement for a standard high school diploma as provided in s.
  755  1003.429(6)(a), s. 1003.43(5)(a), or s. 1003.428, a student must
  756  take each subject area of the grade 10 FCAT a total of three
  757  times without earning a passing score. The requirements of this
  758  paragraph shall not apply to a new student who enters the
  759  Florida public school system in grade 12, who may either achieve
  760  a passing score on the FCAT or use an approved subject area
  761  concordant score to fulfill the graduation requirement.
  762         (b)(c) The State Board of Education may define by rule the
  763  allowable uses, other than to satisfy the high school graduation
  764  requirement, for concordant scores as described in this
  765  subsection. Such uses may include, but need not be limited to,
  766  achieving appropriate standardized test scores required for the
  767  awarding of Florida Bright Futures Scholarships and college
  768  placement.
  769         Section 11. Paragraph (b) of subsection (8) of section
  770  1008.25, Florida Statutes, is amended to read:
  771         1008.25 Public school student progression; remedial
  772  instruction; reporting requirements.—
  773         (8) ANNUAL REPORT.—
  774         (b) Each district school board must annually publish in the
  775  local newspaper or on the district school board’s Internet
  776  website, and submit a corresponding link report in writing to
  777  the State Board of Education by October 1 September 1 of each
  778  year, the following information on the prior school year:
  779         1. The provisions of this section relating to public school
  780  student progression and the district school board’s policies and
  781  procedures on student retention and promotion.
  782         2. By grade, the number and percentage of all students in
  783  grades 3 through 10 performing at Levels 1 and 2 on the reading
  784  portion of the FCAT.
  785         3. By grade, the number and percentage of all students
  786  retained in grades 3 through 10.
  787         4. Information on the total number of students who were
  788  promoted for good cause, by each category of good cause as
  789  specified in paragraph (6)(b).
  790         5. Any revisions to the district school board’s policy on
  791  student retention and promotion from the prior year.
  792         Section 12. Section 1008.33, Florida Statutes, is amended
  793  to read:
  794         (Substantial rewording of section. See
  795         s. 1008.33, F.S., for present text.)
  796         1008.33Authority to enforce public school improvement.—
  797         (1)The state system of educational accountability
  798  requirements for public schools shall comply with the federal
  799  Elementary and Secondary Education Act, 20 U.S.C. s. 6301, et
  800  seq., and its implementing regulations if the State Board of
  801  Education evaluates and determines that the Elementary and
  802  Secondary Education Act, as amended, and its implementing
  803  regulations are consistent with the following principles:
  804         (a)The accountability system is applied equitably to all
  805  public schools, including charter schools, in the state;
  806         (b)Florida residents are provided clear, simple, and
  807  complementary measures that gauge the performance of the state’s
  808  public school system;
  809         (c)The Department of Education provides the assurances
  810  required by the federal Elementary and Secondary Education Act
  811  in order to maintain federal funding and achieve federal program
  812  authorization;
  813         (d)Roles and responsibilities are designated for improving
  814  performance at the school, school district, and state levels;
  815         (e)All children have a fair, equal, and significant
  816  opportunity to obtain a high-quality education and reach, at a
  817  minimum, proficiency on challenging academic achievement
  818  standards and academic assessments;
  819         (f)Schools are responsible for improving the academic
  820  achievement of all students and for identifying and turning
  821  around low-performing schools;
  822         (g)Resources are distributed and directed so as to make a
  823  difference to school districts and schools in which needs are
  824  the greatest;
  825         (h)State assessments are improved and strengthened to
  826  ensure that students are meeting academic achievement and
  827  content standards and increasing achievement overall; and
  828         (i)Student academic achievement is increased through
  829  strategies, including, but not limited to, improving teacher and
  830  principal quality and increasing the number of highly qualified
  831  teachers in the classroom and highly qualified principals and
  832  assistant principals in schools.
  833         (2)(a)Pursuant to subsection (1) and ss. 1008.34,
  834  1008.345, and 1008.385, the State Board of Education shall hold
  835  all school districts and public schools, including charter
  836  schools, accountable for student performance. The state board is
  837  responsible for a state system of school improvement and
  838  education accountability that assesses student performance by
  839  school, identifies schools in which students are not making
  840  adequate progress toward state standards, and institutes
  841  appropriate measures for enforcing improvement.
  842         (b)The state system of school improvement and education
  843  accountability must provide for uniform accountability
  844  standards, provide assistance of escalating intensity to low
  845  performing schools, direct support to schools in order to
  846  improve and sustain performance, focus on the performance of
  847  student subgroups, and enhance student performance.
  848         (c)School districts must be held accountable for improving
  849  the academic achievement of all students and for identifying and
  850  turning around low-performing schools.
  851         (3)(a)The academic performance of all students has a
  852  significant effect on the state school system. Pursuant to Art.
  853  IX of the State Constitution, which prescribes the duty of the
  854  State Board of Education to supervise Florida’s public school
  855  system, the State Board of Education shall equitably enforce the
  856  accountability requirements of the state school system and may
  857  impose state requirements on school districts in order to
  858  improve the academic performance of all districts, schools,
  859  charter schools, and students based upon the provisions of the
  860  Florida K-20 Education Code, chapters 1000-1013, and the federal
  861  Elementary and Secondary Education Act, 20 U.S.C. ss. 6301 et
  862  seq., and its implementing regulations.
  863         (b)For the purpose of determining whether a public school
  864  requires action to achieve a sufficient level of school
  865  improvement, the Department of Education shall annually
  866  categorize a public school in one of six categories based on the
  867  school’s grade, pursuant to s. 1008.34, and the level and rate
  868  of change in student performance in the areas of reading and
  869  mathematics, disaggregated into student subgroups as described
  870  in the federal Elementary and Secondary Education Act, 20 U.S.C.
  871  s. 6311(b)(2)(C)(v)(II).
  872         (c)Appropriate intervention and support strategies shall
  873  be applied to schools that require action to achieve a
  874  sufficient level of improvement as described in paragraph (b).
  875  The intervention and support strategies must address student
  876  performance, including, but not limited to, improvement
  877  planning, leadership quality improvement, educator quality
  878  improvement, professional development, curriculum alignment and
  879  pacing, and use of continuous improvement and monitoring plans
  880  and processes. The State Board of Education may prescribe
  881  reporting requirements to review and monitor the progress of the
  882  schools.
  883         (4)The Department of Education shall create a matrix that
  884  reflects which intervention and support strategies may be
  885  applied to address the particular needs of schools in each
  886  category.
  887         (a)Intervention and support strategies shall be applied to
  888  schools based upon the school categorization. The Department of
  889  Education shall apply the most intense intervention strategies
  890  to the lowest performing schools. The lowest performing schools
  891  are schools that have received:
  892         1.A grade of “F” in the most recent school year and in 4
  893  of the last 6 years; or
  894         2.A grade of “D” or “F” in the most recent year and meet
  895  at least three of the following criteria:
  896         a.The percentage of students who are not proficient in
  897  reading has increased when compared to measurements taken 5
  898  years previously;
  899         b.The percentage of students who are not proficient in
  900  mathematics has increased when compared to measurements taken 5
  901  years previously;
  902         c.At least 65 percent of the school’s students are not
  903  proficient in reading; or
  904         d.At least 65 percent of the school’s students are not
  905  proficient in mathematics.
  906         (b)For a school identified in the category of lowest
  907  performing schools, the school district must improve the
  908  performance of the school to the extent that it is no longer in
  909  the category of lowest performing schools.
  910         (5)A school district shall be allowed no more than 3 years
  911  to move the school from the lowest performing category. If
  912  improvements to the school are not sufficient to move it from
  913  the lowest performing category after 3 years, the school
  914  district must comply with ss. 1011.626 and 200.065(3)(m).
  915         (6)Beginning July 1, 2009, the Department of Education
  916  shall commence its duties under this section.
  917         (7)By July 1, 2010, the State Board of Education shall
  918  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
  919  this section.
  920         Section 13. Paragraph (b) of subsection (3) of section
  921  1008.34, Florida Statutes, is amended to read:
  922         1008.34 School grading system; school report cards;
  923  district grade.—
  924         (3) DESIGNATION OF SCHOOL GRADES.—
  925         (b)1. A school’s grade shall be based on a combination of:
  926         a. Student achievement scores, including achievement scores
  927  for students seeking a special diploma; performance of
  928  disaggregated student subgroups shall be included by the 2010
  929  2011 school year.
  930         b. Student learning gains as measured by annual FCAT
  931  assessments in grades 3 through 10; learning gains for students
  932  seeking a special diploma, as measured by an alternate
  933  assessment tool, shall be included not later than the 2009-2010
  934  school year.
  935         c. Improvement of the lowest 25th percentile of students in
  936  the school in reading, mathematics, or writing on the FCAT,
  937  unless these students are exhibiting satisfactory performance.
  938         2. Beginning with the 2009-2010 school year for schools
  939  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  940  11, and 12, 50 percent of the school grade shall be based on a
  941  combination of the factors listed in sub-subparagraphs 1.a.-c.
  942  and the remaining 50 percent on the following factors:
  943         a. The high school graduation rate of the school;
  944         b. As valid data becomes available, the performance and
  945  participation of the school’s students in College Board Advanced
  946  Placement courses, International Baccalaureate courses, dual
  947  enrollment courses, and Advanced International Certificate of
  948  Education courses; and the students’ achievement of industry
  949  certification, as determined by the Agency for Workforce
  950  Innovation under s. 1003.492(2) in a career and professional
  951  academy, as described in s. 1003.493;
  952         c. Postsecondary readiness of the school’s students as
  953  measured by the SAT, ACT, or the common placement test;
  954         d. The high school graduation rate of at-risk students who
  955  scored at Level 2 or lower on the grade 8 FCAT Reading and
  956  Mathematics examinations;
  957         e. As valid data becomes available, the performance of the
  958  school’s students on statewide standardized end-of-course
  959  assessments administered under s. 1008.22; and
  960         f. The growth or decline in the components listed in sub
  961  subparagraphs a.-e. from year to year.
  962         Section 14. Subsection (5) and paragraphs (b) and (d) of
  963  subsection (6) of section 1008.345, Florida Statutes, are
  964  amended to read:
  965         1008.345 Implementation of state system of school
  966  improvement and education accountability.—
  967         (5) The commissioner shall report to the Legislature and
  968  recommend changes in state policy necessary to foster school
  969  improvement and education accountability. Included in the report
  970  shall be a list of the schools, including schools operating for
  971  the purpose of providing educational services to youth in
  972  Department of Juvenile Justice programs, for which district
  973  school boards have developed school improvement assistance and
  974  intervention plans and an analysis of the various strategies
  975  used by the school boards. School reports shall be distributed
  976  pursuant to this subsection and s. 1001.42(18)(b) s.
  977  1001.42(16)(e) and according to rules adopted by the State Board
  978  of Education.
  979         (6)
  980         (b) Upon request, the department shall provide technical
  981  assistance and training to any school, including any school
  982  operating for the purpose of providing educational services to
  983  youth in Department of Juvenile Justice programs, school
  984  advisory council, district, or district school board for
  985  conducting needs assessments, developing and implementing school
  986  improvement plans, developing and implementing assistance and
  987  intervention plans, or implementing other components of school
  988  improvement and accountability. Priority for these services
  989  shall be given to schools designated with a grade of “D” or “F”
  990  and school districts in rural and sparsely populated areas of
  991  the state.
  992         (d) The commissioner shall assign a community assessment
  993  team to each school district or governing board with a school
  994  graded “F” to review the school performance data and determine
  995  causes for the low performance, including the role of school,
  996  area, and district administrative personnel. The community
  997  assessment team shall review a high school’s graduation rate
  998  calculated without GED tests for the past 3 years, disaggregated
  999  by student ethnicity. The team shall make recommendations to the
 1000  school board or the governing board, to the department, and to
 1001  the State Board of Education which for implementing an
 1002  assistance and intervention plan that will address the causes of
 1003  the school’s low performance and may be incorporated into the
 1004  school’s improvement plan. The assessment team shall include,
 1005  but not be limited to, a department representative, parents,
 1006  business representatives, educators, representatives of local
 1007  governments, and community activists, and shall represent the
 1008  demographics of the community from which they are appointed.
 1009         Section 15. Subsection (4) of section 1008.36, Florida
 1010  Statutes, is amended to read:
 1011         1008.36 Florida School Recognition Program.—
 1012         (4) All selected schools shall receive financial awards
 1013  depending on the availability of funds appropriated and the
 1014  number and size of schools selected to receive an award. Funds
 1015  must be distributed to the school’s fiscal agent and placed in
 1016  the school’s account and must be used for purposes listed in
 1017  subsection (5) as determined jointly by the school’s staff and
 1018  school advisory council. If school staff and the school advisory
 1019  council cannot reach agreement by February 1 November 1, the
 1020  awards must be equally distributed to all classroom teachers
 1021  currently teaching in the school.
 1022  
 1023  Notwithstanding statutory provisions to the contrary, incentive
 1024  awards are not subject to collective bargaining.
 1025         Section 16. Subsections (1) and (2) of section 1012.2315,
 1026  Florida Statutes, are amended to read:
 1027         1012.2315 Assignment of teachers.—
 1028         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
 1029  disparities between teachers assigned to teach in a majority of
 1030  schools that do not need improvement and schools that do need
 1031  improvement pursuant to s. 1008.33 “A” graded schools and
 1032  teachers assigned to teach in a majority of “F” graded schools.
 1033  The disparities may can be found in the assignment of
 1034  temporarily certified teachers, teachers in need of improvement,
 1035  and out-of-field teachers and in average years of experience,
 1036  the median salary, and the performance of the students teachers
 1037  on teacher certification examinations. It is the intent of the
 1038  Legislature that district school boards have flexibility through
 1039  the collective bargaining process to assign teachers more
 1040  equitably across the schools in the district.
 1041         (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
 1042  IMPROVEMENT. GRADED “D” OR “F.”—School districts may not assign
 1043  a higher percentage than the school district average of first
 1044  time teachers, temporarily certified teachers, teachers in need
 1045  of improvement, or out-of-field teachers to schools categorized
 1046  as needing improvement pursuant to s. 1008.33. with above the
 1047  school district average of minority and economically
 1048  disadvantaged students or schools that are graded “D” or “F.”
 1049  Each school district shall annually certify to the Commissioner
 1050  of Education that this requirement has been met. If the
 1051  commissioner determines that a school district is not in
 1052  compliance with this subsection, the State Board of Education
 1053  shall be notified and shall take action pursuant to s. 1008.32
 1054  in the next regularly scheduled meeting to require compliance.
 1055         Section 17. Section 1011.626, Florida Statutes, is created
 1056  to read:
 1057         1011.626School district accountability millage
 1058  adjustment.—
 1059         (1)INTENT.—The Legislature finds that certain school
 1060  districts have failed to improve the performance of the lowest
 1061  performing schools. The Legislature also finds that current
 1062  accountability requirements do not sufficiently encourage these
 1063  school districts to focus their efforts on improving these
 1064  schools. A school district’s failure to improve the performance
 1065  of the lowest performing schools over a significant period of
 1066  years penalizes students in those schools for the acts or
 1067  omissions of district school boards or district school
 1068  superintendents. The Legislature intends, therefore, to provide
 1069  for the levy of an additional millage rate on school districts
 1070  that fail to improve the performance of the lowest performing
 1071  schools.
 1072         (2)FAILURE REQUIRING ADDITIONAL MILLAGE.—School districts
 1073  that fail to improve the lowest performing schools so that the
 1074  schools are no longer the lowest performing schools, as
 1075  identified by the Commissioner of Education pursuant to s.
 1076  1008.33, must levy an additional millage in order to generate
 1077  revenue in an amount equal to the school district’s state funds
 1078  in the Florida Education Finance Program for FTE generated by
 1079  students at the lowest performing schools.
 1080         (3)CALCULATION OF MILLAGE RATE.—The Commissioner of
 1081  Education shall, in the fiscal year following the determination
 1082  under s. 1008.33 that a school district has failed to improve
 1083  the performance of the lowest performing schools, calculate the
 1084  additional millage rate for each school district subject to
 1085  subsection (2) as provided in that subsection. The commissioner
 1086  shall certify the additional millage rate to be levied as part
 1087  of the required local effort for that school district for that
 1088  year. The additional millage rate is exempt from the 90 percent
 1089  calculation of the total Florida Education Finance Program
 1090  entitlement under s. 1011.62(4)(a)1.b. The commissioner shall
 1091  report the calculated additional millage for each fiscal year by
 1092  March 1.
 1093         (4)WITHHOLDING OF STATE FUNDS.—For each school district
 1094  that is subject to subsection (2) and that is required to levy
 1095  an additional millage rate, the Commissioner of Education shall
 1096  withhold an amount equivalent to the revenue generated by the
 1097  levy of the additional millage rate from the school district’s
 1098  state funds in the Florida Education Finance Program.
 1099         (5)USE OF ADDITIONAL MILLAGE.—The revenue generated by the
 1100  levy of the additional millage under this section may be used
 1101  only to cover the cost of each failure to improve the lowest
 1102  performing school as described in subsection (2).
 1103         (6)PUBLIC NOTICE.—
 1104         (a)The public notice of proposed property taxes required
 1105  in s. 200.065(3)(m) must include a statement that the school
 1106  district failed to improve the lowest performing schools as
 1107  provided in subsection (2) and that the penalty for
 1108  noncompliance is to require the district school board to levy an
 1109  additional property tax millage to generate revenues equal to
 1110  the noncompliance amount. The notice must also state that the
 1111  school district’s share of state funds from the Florida
 1112  Education Finance Program will be reduced in an amount
 1113  equivalent to the additional levy.
 1114         (b)The district school board must include in the notice of
 1115  public hearing to adopt its annual budget that it failed to
 1116  improve the lowest performing schools and that the district
 1117  school board is required to levy an additional rate to satisfy
 1118  its failure. The district school board must also provide notice
 1119  at its public hearing that the school district’s share of state
 1120  funds from the Florida Education Finance program will be reduced
 1121  in an amount equivalent to the additional levy.
 1122         Section 18. Paragraph (m) is added to subsection (3) of
 1123  section 200.065, Florida Statutes, to read:
 1124         200.065 Method of fixing millage.—
 1125         (3) The advertisement shall be no less than one-quarter
 1126  page in size of a standard size or a tabloid size newspaper, and
 1127  the headline in the advertisement shall be in a type no smaller
 1128  than 18 point. The advertisement shall not be placed in that
 1129  portion of the newspaper where legal notices and classified
 1130  advertisements appear. The advertisement shall be published in a
 1131  newspaper of general paid circulation in the county or in a
 1132  geographically limited insert of such newspaper. The geographic
 1133  boundaries in which such insert is circulated shall include the
 1134  geographic boundaries of the taxing authority. It is the
 1135  legislative intent that, whenever possible, the advertisement
 1136  appear in a newspaper that is published at least 5 days a week
 1137  unless the only newspaper in the county is published less than 5
 1138  days a week, or that the advertisement appear in a
 1139  geographically limited insert of such newspaper which insert is
 1140  published throughout the taxing authority’s jurisdiction at
 1141  least twice each week. It is further the legislative intent that
 1142  the newspaper selected be one of general interest and readership
 1143  in the community and not one of limited subject matter, pursuant
 1144  to chapter 50.
 1145         (m)For school districts that have proposed a millage rate
 1146  pursuant to s. 1011.626 and propose to levy nonvoted millage,
 1147  the advertisement must be in the following form:
 1148  
 1149                   NOTICE OF PROPOSED TAX INCREASE                 
 1150  
 1151  The ...(name of school district)... will soon consider a measure
 1152  to increase its property tax levy. This increase is necessary
 1153  because the school district failed to improve the performance of
 1154  the lowest performing schools so that these schools are no
 1155  longer the lowest performing. The district school board’s share
 1156  of state funds from the Florida Education Finance Program for
 1157  ...(fiscal year)... will be reduced in an amount equivalent to
 1158  the additional levy because of the school district’s failure to
 1159  improve the performance of the lowest performing schools. The
 1160  taxes are proposed solely to pay penalties related to the
 1161  following:
 1162         Failure to improve the lowest performing schools
 1163         ..............................................$XX,XXX,XXX
 1164         All concerned citizens are invited to a public hearing on
 1165  the tax increase to be held on ...(date and time)... at
 1166  ...(meeting place)....
 1167         A DECISION on the proposed tax increase and the budget will
 1168  be made at this hearing.
 1169         Section 19. This act shall take effect July 1, 2009.
 1170  
 1171  ================= T I T L E  A M E N D M E N T ================
 1172         And the title is amended as follows:
 1173         Delete everything before the enacting clause
 1174  and insert:
 1175                        A bill to be entitled                      
 1176         An act relating to school improvement and
 1177         accountability; amending s. 1001.42, F.S.; revising
 1178         provisions relating to the powers and duties of
 1179         district school boards to implement the state system
 1180         of school improvement and education accountability;
 1181         amending s. 1002.33, F.S.; revising provisions
 1182         relating to charter schools to conform to changes made
 1183         by the act; amending s. 1003.413, F.S.; redefining the
 1184         term “secondary school” to no longer include an
 1185         elementary school serving students through grade 6
 1186         only; repealing s. 1003.413(5), F.S., relating to a
 1187         requirement that the Commissioner of Education create
 1188         and implement the Secondary School Improvement Award
 1189         Program; amending s. 1003.4156, F.S.; revising
 1190         provisions relating to the general requirements for
 1191         middle grades promotion; providing an exception;
 1192         amending s. 1003.428, F.S.; revising provisions
 1193         relating to the general requirements for high school
 1194         graduation; providing exceptions; amending s.
 1195         1003.429, F.S.; revising provisions relating to
 1196         accelerated high school graduation; revising the
 1197         credits for certain courses required under the 3-year
 1198         standard college preparatory program beginning with
 1199         students who enter grade 9 in the 2009-2010 school
 1200         year; amending s. 1003.433, F.S.; providing that a
 1201         student who enters middle school at the eighth grade
 1202         from out of state or from a foreign country is not
 1203         required to spend additional time in school to meet
 1204         the requirements for middle grades promotion under
 1205         certain circumstances; requiring that such student
 1206         receive immediate and intensive instruction in English
 1207         language acquisition under specified circumstances;
 1208         amending s. 1003.621, F.S.; requiring that the State
 1209         Board of Education annually designate school districts
 1210         as academically high-performing school districts if
 1211         certain criteria are met; requiring that such
 1212         designation occur at the next meeting of the State
 1213         Board of Education on or after a specified date each
 1214         year; providing that the designation is effective
 1215         beginning the following school year; revising the
 1216         information that an academically high-performing
 1217         school district must include in its annual report to
 1218         the State Board of Education and the Legislature;
 1219         amending s. 1008.22, F.S.; providing that concordant
 1220         scores that are earned before taking the grade 10
 1221         Florida Comprehensive Assessment Test may not be used
 1222         to qualify for a standard high school diploma;
 1223         requiring that a student who has not earned passing
 1224         scores on the grade 10 FCAT participate in each retake
 1225         of the assessment until he or she earns a passing
 1226         score or achieves a passing score on a standardized
 1227         assessment which is concordant with FCAT passing
 1228         scores; deleting certain provisions relating to
 1229         concordant scores for the FCAT; amending s. 1008.25,
 1230         F.S.; requiring that each district school board
 1231         annually post certain information on its Internet
 1232         website; revising the date that each district school
 1233         board is required to report certain information to the
 1234         State Board of Education; amending s. 1008.33, F.S.;
 1235         requiring that the state system of educational
 1236         accountability comply with the federal Elementary and
 1237         Secondary Act after the State Board of Education
 1238         evaluates and determines that it is consistent with
 1239         certain principles; providing that school districts
 1240         and public schools are accountable to the State Board
 1241         of Education; providing responsibilities for the State
 1242         Board of Education regarding the system of school
 1243         improvement and accountability; requiring that the
 1244         Department of Education categorize public schools
 1245         annually based on school grade and the level and rate
 1246         of change in student performance; providing that
 1247         schools are subject to intervention and support
 1248         strategies; authorizing the State Board of Education
 1249         to prescribe reporting requirements to review and
 1250         monitor the progress of schools; requiring that the
 1251         Department of Education create a matrix reflecting
 1252         which intervention and support strategies to apply to
 1253         schools in each category; providing criteria for
 1254         categorizing schools as the lowest performing schools;
 1255         requiring that a district improve the performance of
 1256         the lowest performing schools so that the schools
 1257         advance to another category; providing that school
 1258         districts be allowed no more than 3 years to move such
 1259         schools to another category; requiring that school
 1260         districts levy an additional millage rate if
 1261         improvements are insufficient after 3 years; requiring
 1262         that the State Board of Education adopt rules;
 1263         amending s. 1008.34, F.S.; revising provisions
 1264         relating to the designation of school grades; amending
 1265         s. 1008.345, F.S.; conforming provisions to changes
 1266         made by the act; amending s. 1008.36, F.S.; revising
 1267         the date that school staff and the school advisory
 1268         council are required to reach an agreement regarding
 1269         the distribution of financial awards under the Florida
 1270         School Recognition Program; amending s. 1012.2315,
 1271         F.S.; revising legislative findings and intent;
 1272         revising provisions relating to the assignment of
 1273         teachers to conform to changes made by the act;
 1274         creating s. 1011.626, F.S.; providing legislative
 1275         findings and intent; requiring that a school district
 1276         levy an additional millage rate if it fails to improve
 1277         the lowest performing schools in its district;
 1278         requiring that the Commissioner of Education calculate
 1279         the amount of the additional millage rate; requiring
 1280         that the Commissioner of Education withhold funds from
 1281         school districts in an amount equal to the additional
 1282         millage rate; providing for the use of revenues
 1283         generated from the additional millage; requiring
 1284         public notice of proposed property taxes; specifying
 1285         the contents of such notice; amending s. 200.065,
 1286         F.S.; specifying the form of the notice, which must
 1287         include an explanation of the additional millage rate
 1288         required by the act; providing an effective date.