Florida Senate - 2012                             CS for SB 1522
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Montford
       
       
       
       
       581-03365-12                                          20121522c1
    1                        A bill to be entitled                      
    2         An act relating to school improvement and
    3         accountability; amending s. 1008.22, F.S.; revising
    4         the duties of the Commissioner of Education which
    5         relate to the statewide assessment program; revising
    6         provisions relating to the development and
    7         implementation of a student achievement assessment
    8         program; amending s. 1008.33, F.S.; requiring that the
    9         State Board of Education comply with the federal
   10         Elementary and Secondary Education Act flexibility
   11         waiver approved by the United States Secretary of
   12         Education; requiring that the Department of Education
   13         annually identify each public school in need of
   14         intervention and support to improve student academic
   15         performance; requiring that the State Board of
   16         Education establish by rule a matrix of intervention
   17         and support strategies for assisting public schools
   18         and charter schools; deleting provisions requiring the
   19         Department of Education to create a matrix reflecting
   20         intervention and support strategies for the lowest
   21         performing schools; requiring that the state board
   22         apply the most intense intervention and support
   23         strategies to schools earning a grade of “F”;
   24         providing turnaround options for school districts to
   25         address such schools; providing exceptions for schools
   26         classified in the lowest-performing category;
   27         requiring that the state board adopt rules that
   28         include timelines for submitting implementation plans;
   29         amending s. 1008.34, F.S.; revising provisions
   30         relating to the school grading system; requiring that
   31         the annual report of the results of the statewide
   32         assessment program prepared by the Commissioner of
   33         Education include the percentage of students
   34         performing at or above grade level; revising
   35         provisions relating to the criteria for the
   36         designation of school grades; requiring that a school
   37         district communicate a school report card to parents
   38         throughout the school district; amending s. 1001.42,
   39         F.S.; revising the powers and duties of district
   40         school boards relating to school improvement plans and
   41         opportunity scholarships; amending s. 1002.33, F.S.;
   42         revising provisions relating to charter school
   43         requirements to conform to changes made by the act;
   44         amending s. 1002.332, F.S.; conforming cross
   45         references and provisions to changes made by the act;
   46         amending s. 1002.38, F.S.; revising provisions
   47         relating to the eligibility for opportunity
   48         scholarships to conform to changes made by the act;
   49         amending ss. 1008.345, 1012.07, 1012.22, and
   50         1012.2315, F.S.; conforming provisions to changes made
   51         by the act; providing an effective date.
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Subsection (3) of section 1008.22, Florida
   56  Statutes, is amended to read:
   57         1008.22 Student assessment program for public schools.—
   58         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
   59  design and implement a statewide program of educational
   60  assessment that provides information for the improvement of the
   61  operation and management of the public schools, including
   62  schools operating for the purpose of providing educational
   63  services to youth in Department of Juvenile Justice programs.
   64  The commissioner may enter into contracts for the continued
   65  administration of the assessment, testing, and evaluation
   66  programs authorized and funded by the Legislature. Contracts may
   67  be initiated in 1 fiscal year and continue into the next and may
   68  be paid from the appropriations of either or both fiscal years.
   69  The commissioner is authorized to negotiate for the sale or
   70  lease of tests, scoring protocols, test scoring services, and
   71  related materials developed pursuant to law. Pursuant to the
   72  statewide assessment program, the commissioner shall:
   73         (a) Submit proposed Next Generation Sunshine State
   74  Standards to the State Board of Education for adoption and
   75  periodic review and revision under s. 1003.41.
   76         (b) Develop and implement a uniform system of indicators to
   77  describe the performance of public school students and the
   78  characteristics of the public school districts and the public
   79  schools. These indicators must include, without limitation,
   80  information gathered by the comprehensive management information
   81  system created pursuant to s. 1008.385 and student achievement
   82  information obtained pursuant to this section.
   83         (c) Develop and implement a student achievement assessment
   84  testing program as follows:
   85         1. The Florida Comprehensive Assessment Test (FCAT)
   86  measures a student’s content knowledge and skills in reading,
   87  writing, science, and mathematics. The content knowledge and
   88  skills assessed by the FCAT must be aligned to the core
   89  curricular content established in the Next Generation Sunshine
   90  State Standards. FCAT Other content areas may be included as
   91  directed by the commissioner. Comprehensive assessments of
   92  reading and mathematics shall be administered annually in grades
   93  3 through 10 except, beginning with the 2010-2011 school year,
   94  the administration of grade 9 FCAT Mathematics shall be
   95  discontinued, and beginning with the 2011-2012 school year, the
   96  administration of grade 10 FCAT Mathematics shall be
   97  discontinued, except as required for students who have not
   98  attained minimum performance expectations for graduation as
   99  provided in paragraph (9)(c). FCAT Writing and FCAT Science
  100  shall be administered at least once at the elementary, middle,
  101  and high school levels except, beginning with the 2011-2012
  102  school year, the administration of FCAT Science at the high
  103  school level shall be discontinued. Students enrolled in an
  104  Algebra I, Geometry, or Biology I course or an equivalent course
  105  with a statewide, standardized end-of-course assessment are not
  106  required to take the corresponding grade-level FCAT assessment.
  107         2.a. End-of-course assessments for a subject shall be
  108  administered in addition to the comprehensive assessments
  109  required under subparagraph 1. End-of-course assessments must be
  110  rigorous, statewide, standardized, and developed or approved by
  111  the department. The content knowledge and skills assessed by
  112  end-of-course assessments must be aligned to the core curricular
  113  content established in the Next Generation Sunshine State
  114  Standards.
  115         (I) Statewide, standardized end-of-course assessments in
  116  mathematics shall be administered according to this sub-sub
  117  subparagraph. Beginning with the 2010-2011 school year, all
  118  students enrolled in Algebra I or an equivalent course must take
  119  the Algebra I end-of-course assessment. For students entering
  120  grade 9 during the 2010-2011 school year and who are enrolled in
  121  Algebra I or an equivalent, each student’s performance on the
  122  end-of-course assessment in Algebra I shall constitute 30
  123  percent of the student’s final course grade. Beginning with
  124  students entering grade 9 in the 2011-2012 school year, a
  125  student who is enrolled in Algebra I or an equivalent must earn
  126  a passing score on the end-of-course assessment in Algebra I or
  127  attain an equivalent score as described in subsection (11) in
  128  order to earn course credit. Beginning with the 2011-2012 school
  129  year, all students enrolled in geometry or an equivalent course
  130  must take the geometry end-of-course assessment. For students
  131  entering grade 9 during the 2011-2012 school year, each
  132  student’s performance on the end-of-course assessment in
  133  geometry shall constitute 30 percent of the student’s final
  134  course grade. Beginning with students entering grade 9 during
  135  the 2012-2013 school year, a student must earn a passing score
  136  on the end-of-course assessment in geometry or attain an
  137  equivalent score as described in subsection (11) in order to
  138  earn course credit.
  139         (II) Statewide, standardized end-of-course assessments in
  140  science shall be administered according to this sub-sub
  141  subparagraph. Beginning with the 2011-2012 school year, all
  142  students enrolled in Biology I or an equivalent course must take
  143  the Biology I end-of-course assessment. For the 2011-2012 school
  144  year, each student’s performance on the end-of-course assessment
  145  in Biology I shall constitute 30 percent of the student’s final
  146  course grade. Beginning with students entering grade 9 during
  147  the 2012-2013 school year, a student must earn a passing score
  148  on the end-of-course assessment in Biology I in order to earn
  149  course credit.
  150         b. During the 2012-2013 school year, an end-of-course
  151  assessment in civics education shall be administered as a field
  152  test at the middle school level. During the 2013-2014 school
  153  year, each student’s performance on the statewide, standardized
  154  end-of-course assessment in civics education shall constitute 30
  155  percent of the student’s final course grade. Beginning with the
  156  2014-2015 school year, a student must earn a passing score on
  157  the end-of-course assessment in civics education in order to
  158  pass the course and be promoted from the middle grades. The
  159  school principal of a middle school shall determine, in
  160  accordance with State Board of Education rule, whether a student
  161  who transfers to the middle school and who has successfully
  162  completed a civics education course at the student’s previous
  163  school must take an end-of-course assessment in civics
  164  education.
  165         c. The commissioner may select one or more nationally
  166  developed comprehensive examinations, which may include, but
  167  need not be limited to, examinations for a College Board
  168  Advanced Placement course, International Baccalaureate course,
  169  or Advanced International Certificate of Education course, or
  170  industry-approved examinations to earn national industry
  171  certifications identified in the Industry Certification Funding
  172  List, pursuant to rules adopted by the State Board of Education,
  173  for use as end-of-course assessments under this paragraph, if
  174  the commissioner determines that the content knowledge and
  175  skills assessed by the examinations meet or exceed the grade
  176  level expectations for the core curricular content established
  177  for the course in the Next Generation Sunshine State Standards.
  178  The commissioner may collaborate with the American Diploma
  179  Project in the adoption or development of rigorous end-of-course
  180  assessments that are aligned to the Next Generation Sunshine
  181  State Standards.
  182         d. Contingent upon funding provided in the General
  183  Appropriations Act, including the appropriation of funds
  184  received through federal grants, the Commissioner of Education
  185  shall establish an implementation schedule for the development
  186  and administration of additional statewide, standardized end-of
  187  course assessments in English/Language Arts II, Algebra II,
  188  chemistry, physics, earth/space science, United States history,
  189  and world history. Priority shall be given to the development of
  190  end-of-course assessments in English/Language Arts II. The
  191  Commissioner of Education shall evaluate the feasibility and
  192  effect of transitioning from the grade 9 and grade 10 FCAT
  193  Reading and high school level FCAT Writing to an end-of-course
  194  assessment in English/Language Arts II. The commissioner shall
  195  report the results of the evaluation to the President of the
  196  Senate and the Speaker of the House of Representatives no later
  197  than July 1, 2011.
  198         3. The testing program shall measure student content
  199  knowledge and skills adopted by the State Board of Education as
  200  specified in paragraph (a) and measure and report student
  201  performance levels of all students assessed in reading, writing,
  202  mathematics, and science. The commissioner shall provide for the
  203  tests to be developed or obtained, as appropriate, through
  204  contracts and project agreements with private vendors, public
  205  vendors, public agencies, postsecondary educational
  206  institutions, or school districts. The commissioner shall obtain
  207  input with respect to the design and implementation of the
  208  testing program from state educators, assistive technology
  209  experts, and the public.
  210         4. The testing program shall be composed of criterion
  211  referenced tests that shall, to the extent determined by the
  212  commissioner, include test items that require the student to
  213  produce information or perform tasks in such a way that the core
  214  content knowledge and skills he or she uses can be measured.
  215         5. FCAT Reading, Mathematics, and Science and all
  216  statewide, standardized end-of-course assessments shall measure
  217  the content knowledge and skills a student has attained on the
  218  assessment by the use of scaled scores and achievement levels.
  219  Achievement levels shall range from 1 through 5, with level 1
  220  being the lowest achievement level, level 5 being the highest
  221  achievement level, and level 3 indicating satisfactory
  222  performance on an assessment. For purposes of FCAT Writing,
  223  student achievement shall be scored using a scale of 1 through 6
  224  and the score earned shall be used in calculating school grades.
  225  A score shall be designated for each subject area tested, below
  226  which score a student’s performance is deemed inadequate. The
  227  school districts shall provide appropriate remedial instruction
  228  to students who score below these levels.
  229         6. The State Board of Education shall, by rule, designate a
  230  passing score for each part of the grade 10 assessment test and
  231  end-of-course assessments. Any rule that has the effect of
  232  raising the required passing scores may apply only to students
  233  taking the assessment for the first time after the rule is
  234  adopted by the State Board of Education. Except as otherwise
  235  provided in this subparagraph and as provided in s.
  236  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
  237  passing score on grade 10 FCAT Reading and grade 10 FCAT
  238  Mathematics or attain concordant scores as described in
  239  subsection (10) in order to qualify for a standard high school
  240  diploma.
  241         7. In addition to designating a passing score under
  242  subparagraph 6., the State Board of Education shall also
  243  designate, by rule, a score for each statewide, standardized
  244  end-of-course assessment which indicates that a student is high
  245  achieving and has the potential to meet college-readiness
  246  standards by the time the student graduates from high school.
  247         8. Participation in the testing program is mandatory for
  248  all students attending public school, including students served
  249  in Department of Juvenile Justice programs, except as otherwise
  250  prescribed by the commissioner. A student who has not earned
  251  passing scores on the grade 10 FCAT as provided in subparagraph
  252  6. must participate in each retake of the assessment until the
  253  student earns passing scores or achieves scores on a
  254  standardized assessment which are concordant with passing scores
  255  pursuant to subsection (10). If a student does not participate
  256  in the statewide assessment, the district must notify the
  257  student’s parent and provide the parent with information
  258  regarding the implications of such nonparticipation. A parent
  259  must provide signed consent for a student to receive classroom
  260  instructional accommodations that would not be available or
  261  permitted on the statewide assessments and must acknowledge in
  262  writing that he or she understands the implications of such
  263  instructional accommodations. The State Board of Education shall
  264  adopt rules, based upon recommendations of the commissioner, for
  265  the provision of test accommodations for students in exceptional
  266  education programs and for students who have limited English
  267  proficiency. Accommodations that negate the validity of a
  268  statewide assessment are not allowable in the administration of
  269  the FCAT or an end-of-course assessment. However, instructional
  270  accommodations are allowable in the classroom if included in a
  271  student’s individual education plan. Students using
  272  instructional accommodations in the classroom that are not
  273  allowable as accommodations on the FCAT or an end-of-course
  274  assessment may have the FCAT or an end-of-course assessment
  275  requirement waived pursuant to the requirements of s.
  276  1003.428(8)(b) or s. 1003.43(11)(b).
  277         9. A student seeking an adult high school diploma must meet
  278  the same testing requirements that a regular high school student
  279  must meet.
  280         10. District school boards must provide instruction to
  281  prepare students in the core curricular content established in
  282  the Next Generation Sunshine State Standards adopted under s.
  283  1003.41, including the core content knowledge and skills
  284  necessary for successful grade-to-grade progression and high
  285  school graduation. If a student is provided with instructional
  286  accommodations in the classroom that are not allowable as
  287  accommodations in the statewide assessment program, as described
  288  in the test manuals, the district must inform the parent in
  289  writing and must provide the parent with information regarding
  290  the impact on the student’s ability to meet expected performance
  291  levels in reading, writing, mathematics, and science. The
  292  commissioner shall conduct studies as necessary to verify that
  293  the required core curricular content is part of the district
  294  instructional programs.
  295         11. District school boards must provide opportunities for
  296  students to demonstrate an acceptable performance level on an
  297  alternative standardized assessment approved by the State Board
  298  of Education following enrollment in summer academies.
  299         12. The Department of Education must develop, or select,
  300  and implement a common battery of assessment tools that will be
  301  used in all juvenile justice programs in the state. These tools
  302  must accurately measure the core curricular content established
  303  in the Next Generation Sunshine State Standards.
  304         13. For students seeking a special diploma pursuant to s.
  305  1003.438, the Department of Education must develop or select and
  306  implement an alternate assessment tool that accurately measures
  307  the core curricular content established in the Next Generation
  308  Sunshine State Standards for students with disabilities under s.
  309  1003.438.
  310         14. The Commissioner of Education shall establish schedules
  311  for the administration of statewide assessments and the
  312  reporting of student test results. When establishing the
  313  schedules for the administration of statewide assessments, the
  314  commissioner shall consider the observance of religious and
  315  school holidays. The commissioner shall, by August 1 of each
  316  year, notify each school district in writing and publish on the
  317  department’s Internet website the testing and reporting
  318  schedules for, at a minimum, the school year following the
  319  upcoming school year. The testing and reporting schedules shall
  320  require that:
  321         a. There is the latest possible administration of statewide
  322  assessments and the earliest possible reporting to the school
  323  districts of student test results which is feasible within
  324  available technology and specific appropriations; however, test
  325  results for the FCAT must be made available no later than the
  326  week of June 8. Student results for end-of-course assessments
  327  must be provided no later than 1 week after the school district
  328  completes testing for each course. The commissioner may extend
  329  the reporting schedule under exigent circumstances.
  330         b. FCAT Writing may not be administered earlier than the
  331  week of March 1, and a comprehensive statewide assessment of any
  332  other subject may not be administered earlier than the week of
  333  April 15.
  334         c. A statewide, standardized end-of-course assessment is
  335  administered at the end of the course. The commissioner shall
  336  select an administration period for assessments that meets the
  337  intent of end-of-course assessments and provides student results
  338  prior to the end of the course. School districts shall
  339  administer tests in accordance with the schedule determined by
  340  the commissioner. For an end-of-course assessment administered
  341  at the end of the first semester, the commissioner shall
  342  determine the most appropriate testing dates based on a review
  343  of each school district’s academic calendar.
  344  
  345  The commissioner may, based on collaboration and input from
  346  school districts, design and implement student testing programs,
  347  for any grade level and subject area, necessary to effectively
  348  monitor educational achievement in the state, including the
  349  measurement of educational achievement of the Next Generation
  350  Sunshine State Standards for students with disabilities.
  351  Development and refinement of assessments shall include
  352  universal design principles and accessibility standards that
  353  will prevent any unintended obstacles for students with
  354  disabilities while ensuring the validity and reliability of the
  355  test. These principles should be applicable to all technology
  356  platforms and assistive devices available for the assessments.
  357  The field testing process and psychometric analyses for the
  358  statewide assessment program must include an appropriate
  359  percentage of students with disabilities and an evaluation or
  360  determination of the effect of test items on such students.
  361         (d) Conduct ongoing research to develop improved methods of
  362  assessing student performance, including, without limitation,
  363  the use of technology to administer tests, score, or report the
  364  results of, the use of electronic transfer of data, the
  365  development of work-product assessments, and the development of
  366  process assessments.
  367         (e) Conduct ongoing research and analysis of student
  368  achievement data, including, without limitation, monitoring
  369  trends in student achievement by grade level and overall student
  370  achievement, identifying school programs that are successful,
  371  and analyzing correlates of school achievement.
  372         (f) Provide technical assistance to school districts in the
  373  implementation of state and district testing programs and the
  374  use of the data produced pursuant to such programs.
  375         (g) Beginning with the 2014-2015 school year, all statewide
  376  end-of-course assessments shall be administered online.
  377         Section 2. Section 1008.33, Florida Statutes, is amended to
  378  read:
  379         1008.33 Authority to enforce public school improvement.—
  380         (1) The State Board of Education shall comply with the
  381  federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.
  382  ss. 6301 et seq., and its implementing regulations, and the ESEA
  383  flexibility waiver approved for Florida by the United States
  384  Secretary of Education. The state board may State Board of
  385  Education is authorized to adopt rules in compliance with the
  386  ESEA and, after evaluating and determining that the ESEA and its
  387  implementing regulations are consistent with the statements of
  388  purpose set forth in the ESEA (2002), may adopt rules to
  389  maintain compliance with the ESEA and the ESEA flexibility
  390  waiver.
  391         (2)(a) Pursuant to subsection (1) and ss. 1008.34,
  392  1008.345, and 1008.385, the State Board of Education shall hold
  393  all school districts and public schools accountable for student
  394  performance. The state board is responsible for a state system
  395  of school improvement and education accountability that assesses
  396  student performance by school, identifies schools in which
  397  students are not making adequate progress toward state
  398  standards, and institutes appropriate measures for enforcing
  399  improvement.
  400         (b) The state system of school improvement and education
  401  accountability must provide for uniform accountability
  402  standards, provide assistance of escalating intensity to low
  403  performing schools, direct support to schools in order to
  404  improve and sustain performance, focus on the performance of
  405  student subgroups, and enhance student performance.
  406         (c) School districts must be held accountable for improving
  407  the academic achievement of all students and for identifying and
  408  turning around low-performing schools.
  409         (3)(a) The academic performance of all students has a
  410  significant effect on the state school system. Pursuant to Art.
  411  IX of the State Constitution, which prescribes the duty of the
  412  State Board of Education to supervise Florida’s public school
  413  system, the state board of Education shall equitably enforce the
  414  accountability requirements of the state school system and may
  415  impose state requirements on school districts in order to
  416  improve the academic performance of all districts, schools, and
  417  students based upon the provisions of the Florida K-20 Education
  418  Code, chapters 1000-1013;, and the federal ESEA Elementary and
  419  Secondary Education Act, 20 U.S.C. ss. 6301 et seq., and its
  420  implementing regulations; and the ESEA flexibility waiver
  421  approved for Florida by the United States Secretary of
  422  Education.
  423         (b) For the purpose of determining whether a public school
  424  requires action to achieve a sufficient level of school
  425  improvement, Beginning with the 2011-2012 2010-2011 school year,
  426  the Department of Education shall annually identify each
  427  categorize a public school in need of intervention and support
  428  to improve student academic performance. A school earning a
  429  grade of “D” or “F” pursuant to s. 1008.34 is a school in need
  430  of intervention and support in one of six categories based on
  431  the following:
  432         1. A school’s grade based upon statewide assessments
  433  administered pursuant to s. 1008.22; and
  434         2. The level and rate of change in student performance in
  435  the areas of reading and mathematics, disaggregated into student
  436  subgroups as described in the federal Elementary and Secondary
  437  Education Act, 20 U.S.C. s. 6311(b)(2)(C)(v)(II).
  438         (c) The state board shall establish by rule a
  439  differentiated matrix of intervention and support strategies for
  440  assisting traditional public schools identified under paragraph
  441  (b) and charter schools as provided under s. 1002.33(9)(n).
  442  Appropriate intervention and support strategies shall be applied
  443  to schools that require action to achieve a sufficient level of
  444  improvement as described in paragraph (b). The intervention and
  445  support strategies must address student performance and may
  446  include, including, but not limited to, improvement planning,
  447  leadership quality improvement, educator quality improvement,
  448  professional development, curriculum alignment and pacing, and
  449  the use of continuous improvement, and monitoring plans and
  450  processes, and, for schools that have a grade of “F” or three
  451  consecutive grades of “D,” school turnaround options. In
  452  addition, the state board of Education may prescribe reporting
  453  requirements to review and monitor the progress of the schools.
  454  The rule that the state board establishes must define the
  455  intervention and support strategies for school improvement for
  456  schools earning a grade of “D” or “F” and the roles for the
  457  district and the department. The rule must differentiate among
  458  schools earning consecutive grades of “D” or “F,” or a
  459  combination thereof, and provide more intense monitoring,
  460  intervention, and support strategies for these schools.
  461         (4) The Department of Education shall create a matrix that
  462  reflects intervention and support strategies to address the
  463  particular needs of schools in each category.
  464         (a) Intervention and support strategies shall be applied to
  465  schools based upon the school categorization pursuant to
  466  paragraph (3)(b). The Department of Education shall apply the
  467  most intense intervention strategies to the lowest-performing
  468  schools. For all but the lowest category and “F” schools in the
  469  second lowest category, the intervention and support strategies
  470  shall be administered solely by the districts and the schools.
  471         (b) The lowest-performing schools are schools that are
  472  categorized pursuant to paragraph (3)(b) and have received:
  473         1. A grade of “F” in the most recent school year and in 4
  474  of the last 6 years; or
  475         2. A grade of “D” or “F” in the most recent school year and
  476  meet at least three of the following criteria:
  477         a. The percentage of students who are not proficient in
  478  reading has increased when compared to measurements taken 5
  479  years previously;
  480         b. The percentage of students who are not proficient in
  481  mathematics has increased when compared to measurements taken 5
  482  years previously;
  483         c. At least 65 percent of the school’s students are not
  484  proficient in reading; or
  485         d. At least 65 percent of the school’s students are not
  486  proficient in mathematics.
  487         (4)(5)(a) The state board shall apply the most intense
  488  intervention and support strategies to schools earning a grade
  489  of “F.” In the first full school year after a school is
  490  initially earns a grade of “F,” identified as a school in the
  491  lowest-performing category, the school district must implement
  492  intervention and support strategies prescribed by rule under
  493  paragraph (3)(c), select a turnaround option from those provided
  494  in subparagraphs (b)1.-5., and submit a plan for implementing
  495  the turnaround option to the department for approval by the
  496  state board. Upon approval by the state board, the turnaround
  497  option must be implemented in the following school year.
  498         (b) Except as provided in subsection (5), the turnaround
  499  options that a school district must select from to address a
  500  school that earns a grade of “F” are as follows a plan, which is
  501  subject to approval by the State Board of Education, for
  502  implementing one of the following options at the beginning of
  503  the next school year. The plan must be implemented unless the
  504  school moves from the lowest-performing category:
  505         1. Convert the school to a district-managed turnaround
  506  school by means that include implementing a turnaround plan
  507  approved by the Commissioner of Education which shall become the
  508  school’s improvement plan;
  509         2. Reassign students to another school and monitor the
  510  progress of each reassigned student;
  511         3. Close the school and reopen the school as one or more
  512  charter schools, each with a governing board that has a
  513  demonstrated record of effectiveness; or
  514         4. Contract with an outside entity that has a demonstrated
  515  record of effectiveness to operate the school; or
  516         5. Implement a hybrid of turnaround options set forth in
  517  subparagraphs 1.-4. or other turnaround models that have a
  518  demonstrated record of effectiveness.
  519         (c) A school earning a grade of “F” will have 2 full school
  520  years after the full school year of planning to fully implement
  521  the turnaround option. Implementation of the turnaround option
  522  is no longer required if the school improves by at least one
  523  letter grade, except as provided in paragraph (d).
  524         (d) A school earning a grade of “F” which improves its
  525  letter grade shall continue to implement strategies identified
  526  in its school improvement plan pursuant to s. 1001.42(18)(a).
  527  The department shall annually review implementation of the
  528  school improvement plan to ensure the school’s continued
  529  improvement.
  530         (e)(b) If a school earning a grade of “F” does not improve
  531  by at least one letter grade after 2 full school years of
  532  implementing the turnaround option selected by the school
  533  district under move from the lowest-performing category during
  534  the initial year of implementing one of the options in paragraph
  535  (b) (a), the school district must select a different turnaround
  536  option and submit the new turnaround option implementation plan
  537  to the department for a plan , which is subject to approval by
  538  the state board of Education. Implementation of the approved
  539  turnaround option must begin in the, for implementing a
  540  different option in paragraph (a) at the beginning of the next
  541  school year following the implementation period of the existing
  542  turnaround option, unless the state board of Education
  543  determines that the school is likely to improve a letter grade
  544  move from the lowest-performing category if additional time is
  545  provided to implement the existing turnaround option
  546  intervention and support strategies. The State Board of
  547  Education shall determine whether a school district may continue
  548  to implement an option beyond 1 year while a school remains in
  549  the lowest-performing category.
  550         (6) In order to advance to a higher category, a school must
  551  make significant progress by improving its school grade and by
  552  increasing student performance in mathematics and reading.
  553  Student performance must be evaluated for each student subgroup
  554  as set forth in paragraph (3)(b).
  555         (5)(7)A school that earns a grade of “F” within 2 years
  556  after raising its grade from a grade of “F” or that earns a
  557  grade of “F” within 2 years after exiting the lowest-performing
  558  category under s. 3, chapter 2009-144, Laws of Florida, must
  559  implement one of the turnaround options in subparagraphs
  560  (4)(b)2.-5. Beginning July 1, 2009, the Department of Education
  561  shall commence its duties under this section.
  562         (6) A school that earns a grade of “D” for 3 consecutive
  563  years or more must implement the district-managed turnaround
  564  option pursuant to subparagraph (4)(b)1. The school district
  565  must submit an implementation plan to the department for
  566  approval by the state board.
  567         (7) A school classified in the lowest-performing category
  568  under s. 3, chapter 2009-144, Laws of Florida, before July 1,
  569  2012, is not required to continue implementing any turnaround
  570  option unless the school earns a grade of “F” or a third
  571  consecutive “D” for the 2011-2012 school year. A school earning
  572  a grade of “F” or a third consecutive “D” for the 2011-2012
  573  school year is not entitled to restart the number of years it
  574  has been low performing by virtue of the 2012 amendments to this
  575  section.
  576         (8) By July 1, 2010, The state board of Education shall
  577  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  578  this section. The rules must include timelines for submission of
  579  implementation plans, approval criteria for implementation
  580  plans, and timelines for implementing intervention and support
  581  strategies. The state board shall consult with education
  582  stakeholders in developing the rules.
  583         Section 3. Section 1008.34, Florida Statutes, is amended to
  584  read:
  585         1008.34 School grading system; school report cards;
  586  district grade.—
  587         (1) ANNUAL REPORTS.—The Commissioner of Education shall
  588  prepare annual reports of the results of the statewide
  589  assessment program which describe student achievement in the
  590  state, each district, and each school. The commissioner shall
  591  prescribe the design and content of these reports, which must
  592  include, without limitation, descriptions of the performance of
  593  all schools participating in the assessment program and all of
  594  their major student populations as determined by the
  595  Commissioner. The report of Education, and must also include the
  596  percent of students performing at or above grade level and
  597  making a year’s learning growth in a year’s time for reading and
  598  mathematics the median scores of all eligible students who
  599  scored at or in the lowest 25th percentile of the state in the
  600  previous school year; provided, however, that the provisions of
  601  s. 1002.22 pertaining to student records apply to this section.
  602         (2) SCHOOL GRADES.—The annual report shall identify schools
  603  as having one of the following grades, defined according to
  604  rules of the State Board of Education:
  605         (a) “A,” schools making excellent progress.
  606         (b) “B,” schools making above average progress.
  607         (c) “C,” schools making satisfactory progress.
  608         (d) “D,” schools making less than satisfactory progress.
  609         (e) “F,” schools failing to make adequate progress.
  610  
  611  Each school that earns designated with a grade of “A,” making
  612  excellent progress, or improves having improved at least two
  613  letter grades grade levels, shall have greater authority over
  614  the allocation of the school’s total budget generated from the
  615  FEFP, state categoricals, lottery funds, grants, and local
  616  funds, as specified in state board rule. The rule must provide
  617  that the increased budget authority shall remain in effect until
  618  the school’s grade declines.
  619         (3) DESIGNATION OF SCHOOL GRADES.—
  620         (a) Each school that has students who are tested and
  621  included in the school grading system shall receive a school
  622  grade, except as follows:
  623         1. A school shall not receive a school grade if the number
  624  of its students tested and included in the school grading system
  625  is less than the minimum sample size necessary, based on
  626  accepted professional practice, for statistical reliability and
  627  prevention of the unlawful release of personally identifiable
  628  student data under s. 1002.22 or 20 U.S.C. s. 1232g.
  629         2. An alternative school may choose to receive a school
  630  grade under this section or a school improvement rating under s.
  631  1008.341. For charter schools that meet the definition of an
  632  alternative school pursuant to State Board of Education rule,
  633  the decision to receive a school grade is the decision of the
  634  charter school governing board.
  635         3. A school that serves any combination of students in
  636  kindergarten through grade 3 which does not receive a school
  637  grade because its students are not tested and included in the
  638  school grading system shall receive the school grade designation
  639  of a K-3 feeder pattern school identified by the Department of
  640  Education and verified by the school district. A school feeder
  641  pattern exists if at least 60 percent of the students in the
  642  school serving a combination of students in kindergarten through
  643  grade 3 are scheduled to be assigned to the graded school.
  644         (b)1. A school’s grade shall be based on a combination of:
  645         a. Student achievement scores, including achievement as
  646  measured by on all FCAT assessments administered under s.
  647  1008.22(3)(c)1., and statewide, standardized end-of-course
  648  assessments administered under s. 1008.22(3)(c)2.a. and b., and
  649  achievement scores for students seeking a special diploma.
  650         b. Student learning gains in reading and mathematics as
  651  measured by FCAT and statewide, standardized end-of-course
  652  assessments, as described in s. 1008.22(3)(c)1. and 2.a.,
  653  including learning gains for students seeking a special diploma,
  654  as measured by an alternate assessment tool, shall be included
  655  not later than the 2009-2010 school year.
  656         c. Improvement of the lowest 25th percentile of students in
  657  the school in reading and mathematics on the FCAT or end-of
  658  course assessments described in s. 1008.22(3)(c)2.a., unless
  659  these students are exhibiting satisfactory performance.
  660         2. Beginning with the 2011-2012 school year, for schools
  661  comprised of middle school grades 6 through 8 or grades 7 and 8,
  662  the school’s grade shall include the performance and
  663  participation of its students enrolled in high school level
  664  courses with end-of-course assessments administered under s.
  665  1008.22(3)(c)2.a. Performance and participation must be weighted
  666  equally. As valid data becomes available, the school grades
  667  shall include the students’ attainment of national industry
  668  certification identified in the Industry Certification Funding
  669  List pursuant to rules adopted by the state board of Education.
  670         3. Beginning with the 2009-2010 school year for schools
  671  comprised of high school grades 9, 10, 11, and 12, or grades 10,
  672  11, and 12, 50 percent of the school grade shall be based on a
  673  combination of the factors listed in sub-subparagraphs 1.a.-c.
  674  and the remaining 50 percent on the following factors:
  675         a. The high school graduation rate of the school;
  676         b. As valid data becomes available, the performance and
  677  participation of the school’s students in College Board Advanced
  678  Placement courses, International Baccalaureate courses, dual
  679  enrollment courses, and Advanced International Certificate of
  680  Education courses; and the students’ achievement of national
  681  industry certification identified in the Industry Certification
  682  Funding List, pursuant to rules adopted by the state board State
  683  Board of Education;
  684         c. Postsecondary readiness of all of the school’s on-time
  685  graduates students as measured by the SAT, ACT, Postsecondary
  686  Education Readiness Test, or the common placement test;
  687         d. The high school graduation rate of at-risk students who
  688  are students scoring scored at Level 1 or Level 2 or lower on
  689  the grade 8 FCAT Reading and FCAT Mathematics examinations;
  690         e. As valid data becomes available, the performance of the
  691  school’s students on statewide, standardized end-of-course
  692  assessments administered under s. 1008.22(3)(c)2.c. and d.; and
  693         f. The growth or decline in the components listed in sub
  694  subparagraphs a.-e. from year to year.
  695         (c) Student assessment data used in determining school
  696  grades shall include:
  697         1. The aggregate scores of all eligible students enrolled
  698  in the school who have been assessed on the FCAT and statewide,
  699  standardized end-of-course assessments in courses required for
  700  high school graduation, including, beginning with the 2011-2012
  701  2010-2011 school year, the end-of-course assessment in Algebra
  702  I; and beginning with the 2012-2013 2011-2012 school year, the
  703  end-of-course assessments in Geometry and Biology; and beginning
  704  with the 2014-2015 2013-2014 school year, on the statewide,
  705  standardized end-of-course assessment in Civics education at the
  706  middle school level.
  707         2. The aggregate scores of all eligible students enrolled
  708  in the school who have been assessed on the FCAT and statewide,
  709  standardized end-of-course assessments as described in s.
  710  1008.22(3)(c)2.a., and who have scored at or in the lowest 25th
  711  percentile of students in the school in reading and mathematics,
  712  unless these students are exhibiting satisfactory performance.
  713         3. The achievement scores and learning gains of eligible
  714  students attending alternative schools that provide dropout
  715  prevention and academic intervention services pursuant to s.
  716  1003.53. The term “eligible students” in this subparagraph does
  717  not include students attending an alternative school who are
  718  subject to district school board policies for expulsion for
  719  repeated or serious offenses, who are in dropout retrieval
  720  programs serving students who have officially been designated as
  721  dropouts, or who are in programs operated or contracted by the
  722  Department of Juvenile Justice. The student performance data for
  723  eligible students identified in this subparagraph shall be
  724  included in the calculation of the home school’s grade. As used
  725  in this subparagraph and s. 1008.341, the term “home school”
  726  means the school to which the student would be assigned if the
  727  student were not assigned to an alternative school. If an
  728  alternative school chooses to be graded under this section,
  729  student performance data for eligible students identified in
  730  this subparagraph shall not be included in the home school’s
  731  grade but shall be included only in the calculation of the
  732  alternative school’s grade. A school district that fails to
  733  assign the FCAT and statewide, standardized end-of-course
  734  assessment as described in s. 1008.22(3)(c)2.a. scores of each
  735  of its students to his or her home school or to the alternative
  736  school that receives a grade shall forfeit Florida School
  737  Recognition Program funds for 1 fiscal year. School districts
  738  must require collaboration between the home school and the
  739  alternative school in order to promote student success. This
  740  collaboration must include an annual discussion between the
  741  principal of the alternative school and the principal of each
  742  student’s home school concerning the most appropriate school
  743  assignment of the student.
  744         4. The achievement scores and learning gains of students
  745  designated as hospital- or homebound. Student assessment data
  746  for students designated as hospital- or homebound shall be
  747  assigned to their home school for the purposes of school grades.
  748  As used in this subparagraph, the term “home school” means the
  749  school to which a student would be assigned if the student were
  750  not assigned to a hospital- or homebound program.
  751         5. For schools comprised of high school grades 9, 10, 11,
  752  and 12, or grades 10, 11, and 12, the data listed in
  753  subparagraphs 1.-3. and the following data as the Department of
  754  Education determines such data are valid and available:
  755         a. The high school graduation rate of the school as
  756  calculated by the department of Education;
  757         b. The participation rate of all eligible students enrolled
  758  in the school and enrolled in College Board Advanced Placement
  759  courses; International Baccalaureate courses; dual enrollment
  760  courses; Advanced International Certificate of Education
  761  courses; and courses or sequences of courses leading to national
  762  industry certification identified in the Industry Certification
  763  Funding List, pursuant to rules adopted by the State Board of
  764  Education;
  765         c. The aggregate scores of all eligible students enrolled
  766  in the school in College Board Advanced Placement courses,
  767  International Baccalaureate courses, and Advanced International
  768  Certificate of Education courses;
  769         d. Earning of college credit by all eligible students
  770  enrolled in the school in dual enrollment programs under s.
  771  1007.271;
  772         e. Earning of a national industry certification identified
  773  in the Industry Certification Funding List, pursuant to rules
  774  adopted by the State Board of Education;
  775         f. The aggregate scores of all eligible students enrolled
  776  in the school in reading, mathematics, and other subjects as
  777  measured by the SAT, the ACT, and the common placement test for
  778  postsecondary readiness;
  779         g. The high school graduation rate of all eligible at-risk
  780  students enrolled in the school who scored at Level 2 or lower
  781  on the grade 8 FCAT Reading and FCAT Mathematics examinations;
  782         h. The performance of the school’s students on statewide,
  783  standardized end-of-course assessments administered under s.
  784  1008.22(3)(c)2.c. and d.; and
  785         i. The growth or decline in the data components listed in
  786  sub-subparagraphs a.-h. from year to year.
  787  
  788  The State Board of Education shall adopt appropriate criteria
  789  for each school grade. The criteria must also give added weight
  790  to student achievement in reading. Schools designated with a
  791  grade of “C,” making satisfactory progress, shall be required to
  792  demonstrate that adequate progress has been made by students in
  793  the school who are in the lowest 25th percentile in reading and
  794  mathematics on the FCAT and end-of-course assessments as
  795  described in s. 1008.22(3)(c)2.a., unless these students are
  796  exhibiting satisfactory performance. Beginning with the 2009
  797  2010 school year For schools comprised of high school grades 9,
  798  10, 11, and 12, or grades 10, 11, and 12, the criteria for
  799  school grades must also give added weight to the graduation rate
  800  of all eligible at-risk students, as defined in this paragraph.
  801  Beginning in the 2009-2010 school year, In order for a high
  802  school to earn be designated as having a grade of “A,” making
  803  excellent progress, the school must demonstrate that its at-risk
  804  students, as defined in this paragraph, in the school are making
  805  adequate progress.
  806         (4) SCHOOL IMPROVEMENT RATINGS.—The annual report shall
  807  identify each school’s performance as having improved, remained
  808  the same, or declined. This school improvement rating shall be
  809  based on a comparison of the current year’s and previous year’s
  810  student and school performance data. Schools that improve their
  811  rating by at least one grade level are eligible for school
  812  recognition awards pursuant to s. 1008.36.
  813         (5) SCHOOL REPORT CARD.—The Department of Education shall
  814  annually develop, in collaboration with the school districts, a
  815  school report card to be communicated by the school district
  816  delivered to parents throughout each school district. The report
  817  card shall include the school’s grade, information regarding
  818  school improvement, an explanation of school performance as
  819  evaluated by the federal Elementary and Secondary Education Act
  820  (ESEA), 20 U.S.C. ss. 6301 et seq. No Child Left Behind Act of
  821  2001, and indicators of return on investment. Each school’s
  822  report card shall be published annually by the department on its
  823  website, and the school district shall provide the school report
  824  card to each parent.
  825         (7) DISTRICT GRADE.—The annual report required by
  826  subsection (1) shall include district grades, which shall
  827  consist of weighted district average grades, by level, for all
  828  elementary schools, middle schools, and high schools in the
  829  district. A district’s weighted average grade shall be
  830  calculated by weighting individual school grades determined
  831  pursuant to subsection (2) by school enrollment.
  832         Section 4. Paragraph (a) of subsection (18) and subsection
  833  (20) of section 1001.42, Florida Statutes, are amended to read:
  834         1001.42 Powers and duties of district school board.—The
  835  district school board, acting as a board, shall exercise all
  836  powers and perform all duties listed below:
  837         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
  838  Maintain a state system of school improvement and education
  839  accountability as provided by statute and State Board of
  840  Education rule. This system of school improvement and education
  841  accountability shall be consistent with, and implemented
  842  through, the district’s continuing system of planning and
  843  budgeting required by this section and ss. 1008.385, 1010.01,
  844  and 1011.01. This system of school improvement and education
  845  accountability shall comply with the provisions of ss. 1008.33,
  846  1008.34, 1008.345, and 1008.385 and include the following:
  847         (a) School improvement plans.—The district school board
  848  shall annually approve and require implementation of a new,
  849  amended, or continuation school improvement plan for each school
  850  in the district. If a school has a significant gap in
  851  achievement on statewide assessments under s. 1008.34(3)(b) by
  852  one or more student subgroups, as described in the federal
  853  Elementary and Secondary Education Act, 20 U.S.C. s.
  854  6311(b)(2)(C)(v)(II); has not significantly decreased the
  855  percentage of students scoring below satisfactory on statewide
  856  assessments; or has significantly lower graduation rates for a
  857  subgroup when compared to the state’s graduation rate, that
  858  school’s improvement plan must include strategies for improving
  859  these conditions. The state board shall adopt rules establishing
  860  thresholds for determining compliance with this paragraph.
  861         (20) OPPORTUNITY SCHOLARSHIPS.—Adopt policies allowing
  862  students attending schools that have earned have been designated
  863  with a grade of “D” or “F” pursuant to s. 1008.34 and are
  864  required to implement a school turnaround option that are in one
  865  of the two lowest-performing categories pursuant to s. 1008.33
  866  to attend a higher-performing school in the district or any
  867  other district in the state, in conformance with s. 1002.38 and
  868  State Board of Education rule.
  869         Section 5. Paragraphs (n), (o), and (p) of subsection (9)
  870  of section 1002.33, Florida Statutes, are amended to read:
  871         1002.33 Charter schools.—
  872         (9) CHARTER SCHOOL REQUIREMENTS.—
  873         (n)1. The director and a representative of the governing
  874  board body of a charter school that has earned received a school
  875  grade of “D” or “F” under s. 1008.34(2) shall appear before the
  876  sponsor or the sponsor’s staff at least once a year to present
  877  information concerning each contract component having noted
  878  deficiencies. The sponsor shall communicate at the meeting, and
  879  in writing to the director, the services provided to the school
  880  to help the school address its deficiencies.
  881         (o) Upon notification that a charter school receives a
  882  school grade of “D” for 2 consecutive years or a school grade of
  883  “F” under s. 1008.34(2), The charter school sponsor or the
  884  sponsor’s staff shall require the director and a representative
  885  of the governing board body to submit to the sponsor for
  886  approval a school improvement plan to raise student achievement
  887  and to implement the plan. Upon approval by the sponsor, the
  888  charter school shall begin implementation of the has the
  889  authority to approve a school improvement plan that the charter
  890  school will implement in the following school year. The sponsor
  891  may also consider the State Board of Education’s recommended
  892  action pursuant to s. 1008.33(1) as part of the school
  893  improvement plan. The department of Education shall offer
  894  technical assistance and training to the charter school and its
  895  governing board body and establish guidelines for developing,
  896  submitting, and approving such plans.
  897         2.1. If a the charter school earning a grade of “F” does
  898  not fails to improve by at least one letter grade in its student
  899  performance from the year following immediately prior to the
  900  implementation of the school improvement plan, the sponsor shall
  901  place the charter school on probation and shall require the
  902  charter school governing board to choose body to take one of the
  903  following corrective actions:
  904         a. Contract for the educational services of the charter
  905  school;
  906         b. Reorganize the school at the end of the school year
  907  under a new director or principal who is authorized to hire new
  908  staff and implement a plan that addresses the causes of
  909  inadequate progress; or
  910         c. Voluntarily close Reconstitute the charter school.
  911         3.2. A charter school is no longer required to implement
  912  that is placed on probation shall continue the corrective
  913  actions required under subparagraph 2. if it 1. until the
  914  charter school improves by at least one letter grade its student
  915  performance from the year prior to the implementation of the
  916  school improvement plan. However, the charter school must
  917  continue to implement strategies identified in the school
  918  improvement plan. The sponsor must annually review
  919  implementation of the school improvement plan for compliance
  920  with the plan and for addressing deficiencies in the school’s
  921  continued improvement.
  922         4. If a charter school earns a grade of “D” for 3
  923  consecutive years, the sponsor shall require the charter school
  924  governing board to choose one of the corrective actions in
  925  subparagraph 2.
  926         5. Any charter school implementing a corrective action
  927  provided in subparagraph 2. which does not improve by at least
  928  one letter grade after 2 full school years after implementing
  929  the corrective action must select a different corrective action.
  930  Implementation of the new corrective action must begin in the
  931  school year following the implementation period of the existing
  932  corrective action, unless the sponsor determines that the
  933  charter school is likely to improve a letter grade if additional
  934  time is provided to implement the existing corrective action.
  935         6.3. Notwithstanding any provision of this paragraph, the
  936  sponsor may terminate the charter at any time pursuant to
  937  subsection (8).
  938         7.(p) The director and a representative of the governing
  939  board body of a graded charter school that has implemented
  940  submitted a school improvement plan or has been placed on
  941  probation under this paragraph (o) shall appear before the
  942  sponsor or the sponsor’s staff at least once a year to present
  943  information regarding the progress of corrective strategies that
  944  are being implemented by the school pursuant to the school
  945  improvement plan. The sponsor shall communicate at the meeting,
  946  and in writing to the director, the services provided to the
  947  school to help the school address its deficiencies.
  948         Section 6. Subsection (1) of section 1002.332, Florida
  949  Statutes, is amended to read:
  950         1002.332 High-performing charter school system.—
  951         (1) For purposes of this section, the term:
  952         (a) “Entity” means a municipality or other public entity
  953  that is authorized by law to operate a charter school; a
  954  private, nonprofit corporation with tax-exempt status under s.
  955  501(c)(3) of the Internal Revenue Code; or a private, for-profit
  956  education management corporation.
  957         (b) “High-performing charter school system” means an entity
  958  that:
  959         1. Operates at least three high-performing charter schools
  960  in the state;
  961         2. Operates a system of charter schools in which at least
  962  50 percent of the charter schools are high-performing charter
  963  schools pursuant to s. 1002.331 and no charter school earned
  964  received a school grade of “D” or “F” pursuant to s. 1008.34,
  965  except that:
  966         a. If the entity has assumed operation of a public school
  967  pursuant to s. 1008.33(4)(b)(5)(a)3. with a school grade of “D”
  968  or “F,” that school’s grade may shall not be considered in
  969  determining high-performing charter school system status for a
  970  period of 3 years.
  971         b. If the entity establishes a new charter school that
  972  serves a student population the majority of which resides in a
  973  school zone served by a public school that is required to
  974  implement a school turnaround option pursuant to identified as
  975  lowest performing under s. 1008.33(4)(b), that charter school’s
  976  grade may shall not be considered in determining high-performing
  977  charter school system status if it attains and maintains a
  978  school grade that is higher than that of the public school
  979  serving that school zone within 3 years after establishment; and
  980         3. Has not received a financial audit that revealed one or
  981  more of the financial emergency conditions set forth in s.
  982  218.503(1) for any charter school assumed or established by the
  983  entity.
  984         Section 7. Subsection (2) of section 1002.38, Florida
  985  Statutes, is amended to read:
  986         1002.38 Opportunity Scholarship Program.—
  987         (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—
  988         (a) For purposes of this section, a school’s grade shall be
  989  based upon statewide assessments administered pursuant to s.
  990  1008.22. A public school student’s parent may request and
  991  receive an opportunity scholarship for the student to enroll in
  992  and attend a public school in accordance with the provisions of
  993  this section if:
  994         1. By assigned school attendance area or by special
  995  assignment, the student has spent the prior school year in
  996  attendance at a public school that has earned a grade of been
  997  designated as performance grade category “D” or “F” pursuant to
  998  s. 1008.34 and that is required to implement a school turnaround
  999  option that is in one of the two lowest-performing categories
 1000  pursuant to s. 1008.33, and the student’s attendance occurred
 1001  during a school year in which such designation was in effect;
 1002         2. The student has been in attendance elsewhere in the
 1003  public school system and has been assigned to such school for
 1004  the next school year; or
 1005         3. The student has been notified that he or she has been
 1006  assigned to such school for the next school year.
 1007         (b)  This section does not apply to a student who is
 1008  enrolled in a school operating for the purpose of providing
 1009  educational services to youth in Department of Juvenile Justice
 1010  commitment programs. For purposes of continuity of educational
 1011  choice, the opportunity scholarship shall remain in force until
 1012  the student graduates from high school.
 1013         Section 8. Paragraph (d) of subsection (6) of section
 1014  1008.345, Florida Statutes, is amended to read:
 1015         1008.345 Implementation of state system of school
 1016  improvement and education accountability.—
 1017         (6)
 1018         (d) The commissioner shall assign a community assessment
 1019  team to each school district or governing board with a school
 1020  graded “F” or a school that is required to implement a school
 1021  turnaround option in the lowest-performing category pursuant to
 1022  s. 1008.33 to review the school performance data and determine
 1023  causes for the low performance, including the role of school,
 1024  area, and district administrative personnel. The community
 1025  assessment team shall review a high school’s graduation rate
 1026  calculated without GED tests for the past 3 years, disaggregated
 1027  by student ethnicity. The team shall make recommendations to the
 1028  school board or the governing board and to the State Board of
 1029  Education which address the causes of the school’s low
 1030  performance and may be incorporated into the school improvement
 1031  plan. The assessment team shall include, but not be limited to,
 1032  a department representative, parents, business representatives,
 1033  educators, representatives of local governments, and community
 1034  activists, and shall represent the demographics of the community
 1035  from which they are appointed.
 1036         Section 9. Section 1012.07, Florida Statutes, is amended to
 1037  read:
 1038         1012.07 Identification of critical teacher shortage areas.
 1039  The term “critical teacher shortage area” means high-need
 1040  content areas and high-priority location areas identified by the
 1041  State Board of Education. The State Board of Education shall
 1042  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
 1043  annually identify critical teacher shortage areas. The state
 1044  board must consider current and emerging educational
 1045  requirements and workforce demands in determining critical
 1046  teacher shortage areas. School grade levels may also be
 1047  designated critical teacher shortage areas. Individual district
 1048  school boards may identify and submit other critical teacher
 1049  shortage areas. Such submissions must be aligned to current and
 1050  emerging educational requirements and workforce demands in order
 1051  to be approved by the State Board of Education. High-priority
 1052  location areas shall be in high-density, low-economic urban
 1053  schools; low-density, low-economic rural schools; and schools
 1054  that are required to implement school turnaround options
 1055  pursuant to identified as lowest performing under s. 1008.33
 1056  (4)(b).
 1057         Section 10. Paragraph (c) of subsection (1) of section
 1058  1012.22, Florida Statutes, is amended to read:
 1059         1012.22 Public school personnel; powers and duties of the
 1060  district school board.—The district school board shall:
 1061         (1) Designate positions to be filled, prescribe
 1062  qualifications for those positions, and provide for the
 1063  appointment, compensation, promotion, suspension, and dismissal
 1064  of employees as follows, subject to the requirements of this
 1065  chapter:
 1066         (c) Compensation and salary schedules.—
 1067         1. Definitions.—As used in this paragraph:
 1068         a. “Adjustment” means an addition to the base salary
 1069  schedule that is not a bonus and becomes part of the employee’s
 1070  permanent base salary and shall be considered compensation under
 1071  s. 121.021(22).
 1072         b. “Grandfathered salary schedule” means the salary
 1073  schedule or schedules adopted by a district school board before
 1074  July 1, 2014, pursuant to subparagraph 4.
 1075         c. “Instructional personnel” means instructional personnel
 1076  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 1077  teachers.
 1078         d. “Performance salary schedule” means the salary schedule
 1079  or schedules adopted by a district school board pursuant to
 1080  subparagraph 5.
 1081         e. “Salary schedule” means the schedule or schedules used
 1082  to provide the base salary for district school board personnel.
 1083         f. “School administrator” means a school administrator as
 1084  defined in s. 1012.01(3)(c).
 1085         g. “Supplement” means an annual addition to the base salary
 1086  for the term of the negotiated supplement as long as the
 1087  employee continues his or her employment for the purpose of the
 1088  supplement. A supplement does not become part of the employee’s
 1089  continuing base salary but shall be considered compensation
 1090  under s. 121.021(22).
 1091         2. Cost-of-living adjustment.—A district school board may
 1092  provide a cost-of-living salary adjustment if the adjustment:
 1093         a. Does not discriminate among comparable classes of
 1094  employees based upon the salary schedule under which they are
 1095  compensated.
 1096         b. Does not exceed 50 percent of the annual adjustment
 1097  provided to instructional personnel rated as effective.
 1098         3. Advanced degrees.—A district school board may not use
 1099  advanced degrees in setting a salary schedule for instructional
 1100  personnel or school administrators hired on or after July 1,
 1101  2011, unless the advanced degree is held in the individual’s
 1102  area of certification and is only a salary supplement.
 1103         4. Grandfathered salary schedule.—
 1104         a. The district school board shall adopt a salary schedule
 1105  or salary schedules to be used as the basis for paying all
 1106  school employees hired before July 1, 2014. Instructional
 1107  personnel on annual contract as of July 1, 2014, shall be placed
 1108  on the performance salary schedule adopted under subparagraph 5.
 1109  Instructional personnel on continuing contract or professional
 1110  service contract may opt into the performance salary schedule if
 1111  the employee relinquishes such contract and agrees to be
 1112  employed on an annual contract under s. 1012.335. Such an
 1113  employee shall be placed on the performance salary schedule and
 1114  may not return to continuing contract or professional service
 1115  contract status. Any employee who opts into the performance
 1116  salary schedule may not return to the grandfathered salary
 1117  schedule.
 1118         b. In determining the grandfathered salary schedule for
 1119  instructional personnel, a district school board must base a
 1120  portion of each employee’s compensation upon performance
 1121  demonstrated under s. 1012.34 and shall provide differentiated
 1122  pay for both instructional personnel and school administrators
 1123  based upon district-determined factors, including, but not
 1124  limited to, additional responsibilities, school demographics,
 1125  critical shortage areas, and level of job performance
 1126  difficulties.
 1127         5. Performance salary schedule.—By July 1, 2014, the
 1128  district school board shall adopt a performance salary schedule
 1129  that provides annual salary adjustments for instructional
 1130  personnel and school administrators based upon performance
 1131  determined under s. 1012.34. Employees hired on or after July 1,
 1132  2014, or employees who choose to move from the grandfathered
 1133  salary schedule to the performance salary schedule shall be
 1134  compensated pursuant to the performance salary schedule once
 1135  they have received the appropriate performance evaluation for
 1136  this purpose. However, a classroom teacher whose performance
 1137  evaluation utilizes student learning growth measures established
 1138  under s. 1012.34(7)(e) shall remain under the grandfathered
 1139  salary schedule until his or her teaching assignment changes to
 1140  a subject for which there is an assessment or the school
 1141  district establishes equally appropriate measures of student
 1142  learning growth as defined under s. 1012.34 and rules of the
 1143  State Board of Education.
 1144         a. Base salary.—The base salary shall be established as
 1145  follows:
 1146         (I) The base salary for instructional personnel or school
 1147  administrators who opt into the performance salary schedule
 1148  shall be the salary paid in the prior year, including
 1149  adjustments only.
 1150         (II) Beginning July 1, 2014, instructional personnel or
 1151  school administrators new to the district, returning to the
 1152  district after a break in service without an authorized leave of
 1153  absence, or appointed for the first time to a position in the
 1154  district in the capacity of instructional personnel or school
 1155  administrator shall be placed on the performance salary
 1156  schedule.
 1157         b. Salary adjustments.—Salary adjustments for highly
 1158  effective or effective performance shall be established as
 1159  follows:
 1160         (I) The annual salary adjustment under the performance
 1161  salary schedule for an employee rated as highly effective must
 1162  be greater than the highest annual salary adjustment available
 1163  to an employee of the same classification through any other
 1164  salary schedule adopted by the district.
 1165         (II) The annual salary adjustment under the performance
 1166  salary schedule for an employee rated as effective must be equal
 1167  to at least 50 percent and no more than 75 percent of the annual
 1168  adjustment provided for a highly effective employee of the same
 1169  classification.
 1170         (III) The performance salary schedule shall not provide an
 1171  annual salary adjustment for an employee who receives a rating
 1172  other than highly effective or effective for the year.
 1173         c. Salary supplements.—In addition to the salary
 1174  adjustments, each district school board shall provide for salary
 1175  supplements for activities that must include, but are not
 1176  limited to:
 1177         (I) Assignment to a Title I eligible school.
 1178         (II) Assignment to a school that is required to implement a
 1179  school turnaround option pursuant to in the bottom two
 1180  categories of the school improvement system under s. 1008.33
 1181  such that the supplement remains in force for at least 1 year
 1182  following improved performance in that school.
 1183         (III) Certification and teaching in critical teacher
 1184  shortage areas. Statewide critical teacher shortage areas shall
 1185  be identified by the State Board of Education under s. 1012.07.
 1186  However, the district school board may identify other areas of
 1187  critical shortage within the school district for purposes of
 1188  this sub-sub-subparagraph and may remove areas identified by the
 1189  state board which do not apply within the school district.
 1190         (IV) Assignment of additional academic responsibilities.
 1191  
 1192  If budget constraints in any given year limit a district school
 1193  board’s ability to fully fund all adopted salary schedules, the
 1194  performance salary schedule shall not be reduced on the basis of
 1195  total cost or the value of individual awards in a manner that is
 1196  proportionally greater than reductions to any other salary
 1197  schedules adopted by the district.
 1198         Section 11. Subsection (2) of section 1012.2315, Florida
 1199  Statutes, is amended to read:
 1200         1012.2315 Assignment of teachers.—
 1201         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F” CATEGORIZED AS
 1202  IN NEED OF IMPROVEMENT.—School districts may not assign a higher
 1203  percentage than the school district average of temporarily
 1204  certified teachers, teachers in need of improvement, or out-of
 1205  field teachers to schools graded “D” or “F” pursuant to s.
 1206  1008.34 in one of the three lowest-performing categories under
 1207  s. 1008.33(3)(b). Each school district shall annually certify to
 1208  the Commissioner of Education that this requirement has been
 1209  met. If the commissioner determines that a school district is
 1210  not in compliance with this subsection, the State Board of
 1211  Education shall be notified and shall take action pursuant to s.
 1212  1008.32 in the next regularly scheduled meeting to require
 1213  compliance.
 1214         Section 12. This act shall take effect July 1, 2012.