Amendment
Bill No. CS/CS/HB 991

Amendment No. 297239

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

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