Florida Senate - 2013                                    SB 1400
       
       
       
       By Senator Montford
       
       
       
       
       3-00685-13                                            20131400__
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1002.395, F.S.; conforming a cross-reference;
    4         revising parents’ responsibilities for participation
    5         in the Florida Tax Credit Scholarship Program;
    6         revising the eligibility requirements for a private
    7         school to participate in the scholarship program;
    8         revising the duties of the Department of Education
    9         relating to the scholarship program in the reporting
   10         of scores for standardized tests; authorizing a school
   11         district to inform certain households of scholarship
   12         eligibility; providing that a school district must
   13         verify the information reported on the status of the
   14         implementation of the assessment and reporting
   15         requirements by a participating private school or
   16         location designated by the school district; requiring
   17         the department to establish a fee structure to be paid
   18         by the participating private school for the
   19         administration of the required assessments; providing
   20         certain requirements for the fee; creating s.
   21         1008.225, F.S.; providing a statement of purpose;
   22         requiring students in the Florida Tax Credit
   23         Scholarship Program to participate in the statewide
   24         program of educational assessment; authorizing
   25         students in other specified programs to participate in
   26         the statewide program of educational assessment;
   27         requiring the department to coordinate with program
   28         providers and applicable school districts to enable
   29         participating students to take statewide assessments;
   30         requiring each school district to administer statewide
   31         assessments to students participating in choice
   32         programs and report the assessment results and scores
   33         to parents, students, and applicable schools;
   34         requiring the department to annually report on the
   35         year-to-year learning gains of students participating
   36         in the programs; requiring the department to submit to
   37         the Governor and the Legislature the annual report and
   38         post it on its website; requiring the State Board of
   39         Education to adopt rules; creating s. 1008.226, F.S.;
   40         providing legislative findings and intent; providing
   41         for a student to enter a public school at any time
   42         following participation in a school-choice program;
   43         specifying the programs that constitute school-choice
   44         programs; requiring that the student take a nationally
   45         norm-referenced assessment test for diagnostic
   46         purposes and for purposes of placing the student in
   47         the appropriate classes or grade; requiring that each
   48         school district administer the assessment and report
   49         the results of the assessment to the student’s parent
   50         and the applicable school-choice program or school;
   51         requiring that the Department of Education select the
   52         assessment and pay for it if requested by a school
   53         district; requiring that the department submit an
   54         annual report to the Governor and Legislature by a
   55         specified date; providing requirements for the report;
   56         requiring that the department publish the annual
   57         report on its website; requiring that the State Board
   58         of Education adopt rules; providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraph (m) of subsection (6), paragraph (e)
   63  of subsection (7), paragraph (c) of subsection (8), and
   64  subsection (10) of section 1002.395, Florida Statutes, are
   65  amended, present paragraphs (j) through (p) of subsection (9) of
   66  that section are redesignated as paragraphs (i) through (o),
   67  respectively, and present paragraphs (i), (j), and (n) of that
   68  subsection are amended, to read:
   69         1002.395 Florida Tax Credit Scholarship Program.—
   70         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
   71  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
   72  organization:
   73         (m) Must prepare and submit quarterly reports to the
   74  Department of Education pursuant to paragraph (9)(l) paragraph
   75  (9)(m). In addition, an eligible nonprofit scholarship-funding
   76  organization must submit in a timely manner any information
   77  requested by the Department of Education relating to the
   78  scholarship program.
   79  
   80  Any and all information and documentation provided to the
   81  Department of Education and the Auditor General relating to the
   82  identity of a taxpayer who that provides an eligible
   83  contribution under this section is shall remain confidential at
   84  all times in accordance with s. 213.053.
   85         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
   86  PARTICIPATION.—
   87         (e) The parent shall ensure that the student participating
   88  in the scholarship program takes any standardized the norm
   89  referenced assessment administered offered by the private
   90  school. In addition, the parent shall ensure that may also
   91  choose to have the student participates participate in all the
   92  statewide assessment tests assessments pursuant to s. 1008.22,
   93  including the Florida Comprehensive Assessment Test (FCAT) and
   94  any statewide, standardized, end-of-course assessments required
   95  for promotion from middle school and for high school graduation.
   96  Performance on such assessments may not be used to prohibit the
   97  student from participating in the program. The Department of
   98  Education shall report student scores to the school for
   99  distribution to the parent and student. The school district
  100  shall make available to the public, in a manner that does not
  101  reveal the student’s personal identifying information, the
  102  student’s scores and the school in which the student is
  103  enrolled. If the parent requests that the student participating
  104  in the scholarship program take statewide assessments pursuant
  105  to s. 1008.22 and the private school has not chosen to offer and
  106  administer the statewide assessments, The parent must transport
  107  is responsible for transporting the student to the assessment
  108  site designated by the school district.
  109         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  110  private school may be sectarian or nonsectarian and must:
  111         (c) Be academically accountable to the parent for meeting
  112  the educational needs of the student by:
  113         1. At a minimum, annually providing to the parent a written
  114  explanation of the student’s progress.
  115         2. Ensuring that the student who participates in the
  116  program takes any standardized assessment administered by the
  117  school, including all statewide assessment tests required for
  118  public school students pursuant to s. 1008.22, including the
  119  FCAT and any statewide, standardized, end-of-course assessment
  120  required for promotion from middle school and for high school
  121  graduation. The student’s performance on these assessments may
  122  not be used to prohibit the student from participating in the
  123  program. The Department of Education shall report student scores
  124  to the school for distribution to the parent and student. The
  125  school district shall make available to the public, in a manner
  126  that does not reveal the student’s personal identifying
  127  information, the student’s scores and the school in which the
  128  student is enrolled. The parent is responsible for transporting
  129  the student to the testing site designated by the school
  130  district. Annually administering or making provision for
  131  students participating in the scholarship program in grades 3
  132  through 10 to take one of the nationally norm-referenced tests
  133  identified by the Department of Education or the statewide
  134  assessments pursuant to s. 1008.22. Students with disabilities
  135  for whom standardized testing is not appropriate are exempt from
  136  this requirement. A participating private school must report a
  137  student’s scores to the parent. A participating private school
  138  must annually report by August 15 the scores of all
  139  participating students to the independent research organization
  140  described in paragraph (9)(j).
  141         3. Providing instruction to prepare students with
  142  disabilities to demonstrate proficiency in the core content
  143  knowledge and skills necessary for successful grade-to-grade
  144  progression and high school graduation. The FCAT requirement is
  145  waived for the purpose of granting a standard high school
  146  diploma to a student with a disability, as defined in s.
  147  1007.02, if the individual education plan (IEP) committee
  148  determines that the FCAT cannot accurately measure the student’s
  149  abilities, taking into consideration all allowable
  150  accommodations, and the student: Cooperating with the
  151  scholarship student whose parent chooses to have the student
  152  participate in the statewide assessments pursuant to s. 1008.22
  153  or, if a private school chooses to offer the statewide
  154  assessments, administering the assessments at the school.
  155         a. Completes the minimum number of credits and other
  156  requirements prescribed by the eligible private school. A
  157  participating private school may choose to offer and administer
  158  the statewide assessments to all students who attend the private
  159  school in grades 3 through 10.
  160         b. Does not meet the requirements of passing the FCAT for
  161  high school graduation purposes after one opportunity in grade
  162  10 and one opportunity in grade 11. A participating private
  163  school must submit a request in writing to the Department of
  164  Education by March 1 of each year in order to administer the
  165  statewide assessments in the subsequent school year.
  166         4.Waiving the end-of-course assessment results for the
  167  purpose of determining the course grade and credits at an
  168  eligible private school for a student with a disability, as
  169  defined in s. 1007.02, if the individual education plan (IEP)
  170  committee determines that the end-of-course assessment cannot
  171  accurately measure the student’s abilities, taking into
  172  consideration all allowable accommodations.
  173  
  174  The inability of a private school to meet the requirements of
  175  this subsection constitutes shall constitute a basis for the
  176  ineligibility of the private school to participate in the
  177  scholarship program as determined by the Department of
  178  Education.
  179         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  180  Education shall:
  181         (i) Maintain a list of nationally norm-referenced tests
  182  identified for purposes of satisfying the testing requirement in
  183  subparagraph (8)(c)2. The tests must meet industry standards of
  184  quality in accordance with State Board of Education rule.
  185         (i)(j)Annually report the participating students’ scores
  186  on the FCAT and any statewide, standardized, end-of-course
  187  assessment required for promotion from middle school and for
  188  high school graduation pursuant to s. 1008.225. Select an
  189  independent research organization, which may be a public or
  190  private entity or university, to which participating private
  191  schools must report the scores of participating students on the
  192  nationally norm-referenced tests or the statewide assessments
  193  administered by the private school in grades 3 through 10.
  194         1. The independent research organization must annually
  195  report to the Department of Education on the year-to-year
  196  learning gains of participating students:
  197         a. On a statewide basis. The report shall also include, to
  198  the extent possible, a comparison of these learning gains to the
  199  statewide learning gains of public school students with
  200  socioeconomic backgrounds similar to those of students
  201  participating in the scholarship program. To minimize costs and
  202  reduce time required for the independent research organization’s
  203  analysis and evaluation, the Department of Education shall
  204  conduct analyses of matched students from public school
  205  assessment data and calculate control group learning gains using
  206  an agreed-upon methodology outlined in the contract with the
  207  independent research organization; and
  208         b. According to each participating private school in which
  209  there are at least 30 participating students who have scores for
  210  tests administered during or after the 2009-2010 school year for
  211  2 consecutive years at that private school.
  212         2. The sharing and reporting of student learning gain data
  213  under this paragraph must be in accordance with requirements of
  214  20 U.S.C. s. 1232g, the Family Educational Rights and Privacy
  215  Act, and shall be for the sole purpose of creating the annual
  216  report required by subparagraph 1. All parties must preserve the
  217  confidentiality of such information as required by law. The
  218  annual report must not disaggregate data to a level that will
  219  identify individual participating schools, except as required
  220  under sub-subparagraph 1.b., or disclose the academic level of
  221  individual students.
  222         3. The annual report required by subparagraph 1. shall be
  223  published by the Department of Education on its website.
  224         (m)(n)1. Conduct site visits to private schools
  225  participating in the Florida Tax Credit Scholarship Program. The
  226  purpose of the site visits is solely to verify the information
  227  reported by the schools concerning the enrollment and attendance
  228  of students, the status of the implementation of the assessment
  229  and reporting requirements, the credentials of teachers,
  230  background screening of teachers, and teachers’ fingerprinting
  231  results. The Department of Education may not make more than
  232  seven site visits each year; however, the department may make
  233  additional site visits at any time to any school that has
  234  received a notice of noncompliance or a notice of proposed
  235  action within the previous 2 years.
  236         2. Annually, by December 15, report to the Governor, the
  237  President of the Senate, and the Speaker of the House of
  238  Representatives the Department of Education’s actions with
  239  respect to implementing accountability in the scholarship
  240  program under this section and s. 1002.421, any substantiated
  241  allegations or violations of law or rule by an eligible private
  242  school under this program concerning the enrollment and
  243  attendance of students, the assessment and reporting
  244  requirements, the credentials of teachers, background screening
  245  of teachers, and teachers’ fingerprinting results and the
  246  corrective action taken by the Department of Education.
  247         (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  248         (a) Upon the request of any eligible nonprofit scholarship
  249  funding organization, A school district may shall inform all
  250  households within the district receiving free or reduced-priced
  251  meals under the National School Lunch Act of their eligibility
  252  to apply for a tax credit scholarship. The form of such notice
  253  shall be provided by the eligible nonprofit scholarship-funding
  254  organization, and the district may shall include the provided
  255  form, if requested by the organization, in any normal
  256  correspondence with eligible households. If an eligible
  257  nonprofit scholarship-funding organization requests a special
  258  communication to be issued to households within the district
  259  receiving free or reduced-price meals under the National School
  260  Lunch Act, the organization shall reimburse the district for the
  261  cost of postage. Such notice is limited to once a year.
  262         (b) Upon the request of the Department of Education, a
  263  school district shall coordinate with the department to provide
  264  to a participating private school the statewide assessments
  265  administered under s. 1008.22 and any related materials for
  266  administering the assessments. A school district is responsible
  267  for implementing test administrations at a participating private
  268  school or location designated by the school district, including
  269  the:
  270         1. Provision of training for private school staff on test
  271  security and assessment administration procedures;
  272         2. Distribution of testing materials to a private school;
  273         3. Retrieval of testing materials from a private school;
  274         4. Provision of the required format for a private school to
  275  submit information to the district for test administration and
  276  enrollment purposes; and
  277         5. Provision of any required assistance, monitoring, or
  278  investigation at a private school.
  279         (c) The Department of Education shall establish a fee
  280  structure to be paid by the participating private school for the
  281  administration of the required assessments. The fee must
  282  encompass the direct and indirect costs to school districts for
  283  training, distribution, retrieval, and administrative costs of
  284  test and assessment administration.
  285         Section 2. Section 1008.225, Florida Statutes, is created
  286  to read:
  287         1008.225 Accountability for school choice.—
  288         (1)The primary purpose of this section is to provide
  289  information needed to improve the learning gains of all
  290  students, to inform parents of the educational progress of their
  291  children, and to improve educational choice options. Other
  292  purposes of this section are to:
  293         (a)Assess the annual learning gains of each student.
  294         (b)Provide parents data for making decisions regarding
  295  school choice and educational options.
  296         (c)Identify the educational strengths and needs of
  297  students.
  298         (d)Provide information to the Department of Education to
  299  aid in the evaluation and development of educational programs
  300  and policies.
  301         (e) Provide information and accountability to the public
  302  regarding programs supported by taxpayer funds.
  303         (2)(a) Students in the Florida Tax Credit Scholarship
  304  Program established in s. 1002.395 shall participate in the
  305  statewide program of educational assessment established pursuant
  306  to s. 1008.22.
  307         (b) Students in other choice programs may participate in
  308  the statewide program of educational assessment established
  309  pursuant to s. 1008.22. These programs include, but are not
  310  limited to:
  311         1. John M. McKay Scholarships for Students with
  312  Disabilities Program established in s. 1002.39.
  313         2. Home education programs established in s. 1002.41.
  314         3. Private tutoring programs established in s. 1002.43.
  315         (3) The Department of Education shall coordinate with
  316  program providers and applicable school districts to enable
  317  participating students to take statewide assessments.
  318         (4) Each school district shall administer statewide
  319  assessments to students participating in choice programs and
  320  report the assessment results and scores to parents, students,
  321  and applicable schools.
  322         (5) The Department of Education shall annually report on a
  323  statewide basis the year-to-year learning gains of students
  324  participating in the programs listed in subsection (2). The
  325  report must include, to the extent possible, a comparison of
  326  these learning gains to the statewide learning gains of public
  327  school students. The sharing and reporting of student learning
  328  gain data under this subsection must be in accordance with
  329  requirements of the Family Educational Rights and Privacy Act
  330  (FERPA), 20 U.S.C. s. 1232g, and shall be for the sole purpose
  331  of creating the annual report required by this subsection. All
  332  parties shall preserve the confidentiality of such information
  333  as required by law. The annual report may not disaggregate data
  334  to a level of detail that will disclose the academic level of
  335  individual students. The Department of Education shall submit to
  336  the Governor, the President of the Senate, and the Speaker of
  337  the House of Representatives the annual report and post it on
  338  its website.
  339         (6)The State Board of Education shall adopt rules pursuant
  340  to ss. 120.536(1) and 120.54 to administer this section.
  341         Section 3. Section 1008.226, Florida Statutes, is created
  342  to read:
  343         1008.226Student placement following participation in
  344  school choice programs.—
  345         (1)The Legislature finds that information regarding the
  346  performance of students may be used to assist parents in making
  347  informed choices and to improve the quality of school choice
  348  programs for parents and students. The Legislature intends for
  349  school choice programs to be held accountable to taxpayers
  350  through the provision of information to students, parents, other
  351  school choice programs, and the public regarding the performance
  352  of students who participate in school choice programs.
  353         (2)(a) A student may enroll in a public school at any time
  354  following participation in a school choice program listed in
  355  paragraph (b). After the student enrolls in the public school,
  356  he or she shall take a nationally norm-referenced assessment
  357  test, selected by the Department of Education, for diagnostic
  358  purposes and for purposes of placing the student in the
  359  appropriate classes or grade.
  360         (b) School choice programs include, but are not limited to:
  361         1. The John M. McKay Scholarships for Students with
  362  Disabilities Program established in s. 1002.39.
  363         2. The Florida Tax Credit Scholarship Program established
  364  in s. 1002.395.
  365         3. Home education programs established in s. 1002.41.
  366         4. Private tutoring programs established in s. 1002.43.
  367         (3) Each school district shall administer the nationally
  368  norm-referenced assessment for the purposes provided in
  369  paragraph (2)(a), and shall report the results of the assessment
  370  to the student’s parent and to the applicable school choice
  371  program or school.
  372         (4) The Department of Education shall select the nationally
  373  norm-referenced assessment and shall pay for the assessment if
  374  requested by a school district.
  375         (5) By July 1, 2014, and each year thereafter, the
  376  Department of Education shall submit an annual report to the
  377  Governor, the President of the Senate, and the Speaker of the
  378  House of Representatives which contains the results of the
  379  assessment of students who enroll in public school following
  380  participation in one or more of the school choice programs
  381  listed in subparagraphs (2)(b)1. and 2. The report must
  382  summarize the learning gains and educational attainment of those
  383  students and, to the extent possible, quantify the learning
  384  gains and educational attainment of those students as compared
  385  to public school students in similar classes and grades. The
  386  annual report may not disaggregate data by disclosing the
  387  academic level of individual students. The reporting of student
  388  data pursuant to this subsection shall be consistent with the
  389  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  390  1232g, and is for the sole purpose of creating the annual
  391  report. The department shall publish the annual report on its
  392  website.
  393         (6)The State Board of Education shall adopt rules pursuant
  394  to ss. 120.536(1) and 120.54 to administer this section.
  395         Section 4. This act shall take effect July 1, 2013.